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Home My WebLink About2023 - Notice of Violation and Order - Berhenu Hailu / Wotet Gembere - 20230127000013Instrument Number: 20230127000013 Doounmont:N Rec: $200.50Pugo l of 6 Record |matc:l/27/20%3013 AM Electronically Recorded King County, WA Return Address: [ityofTukwi|a—CityUerk 6200 Southcenter Boulevard Tukwila, WA 98122 Please print or type information WASHINGTON STATE RECORDER'S Cover Sheet (RCW 65.04) Document Title(s) (or transactions contained therein): (all areas applicable to your document must be fiIIed in) 1. Notice of Violation and Order Z. s. 4. Reference Number(s) of Documents assigned or released: Additional reference #s on page of document Grantor(s) Exactly as name(s) appear on docurnent 1. City ofTukwila Z. Additional names on page of document. Grantee(s) Exactly as name(s) appear on document 1. HAILU BERHENU+GEMBERE WOTET 2. , Additional names on page of document. Legal description (abbreviated: i.e. lot, block, plat or section, township, range) 5 141.5 FT OF N 270 FT OF LOT 1 E OF CO RD Additional legal is on page of document. Assessor's Property Tax Parcel/Account Number Assessor Tax # not yet assigned. 1523049047 The Auditor/Recorder will rely on the information provided on this form. The staff will not read the document to verify the accuracy or completeness of the indexing information provided herein. "I am signing below and paying an additional $50 recording fee (as provided in RCW 36.18.010 and referred to as an emergency nonstandard document), because this document does not meet margin and formatting requirements. Furthermore, I hereby understand that the recording process may cover up or otherwise obscure some part of the text of the original document as a result of this request." Signature of Requesting Party Note to submitter: Do not sign above nor pay additional $5O fee if the document meets margin/formatting requirements Instrument Number: 20230127000013 Doounxum:N Ree: $208.50 Page -2 of 6 Record Date:1/27/2023 8:13 AM King County, WA City of l��]L'��^|�� .,~..~~...~Code Enforcement ��U��U��U�� n��nn��o �o��vv�n��n��n��"�~TMC § 8.45.070 January 26, 2023 Person(s) / Business Responsible: BerhenuHai|u Elizabeth (Wotet) Gembere & Joseph Ayala NerhonuHai|u 604 Huntington Ridge Dr Nashville, TN 37211 Elizabeth (Wotet) Gembere & Joseph Ayala 14420 88th Ave NE Kirkland, WA 98034 Elizabeth (Wotet) Gembere & Joseph Ayala 4505 Pacific Hwy E Ste C-2 Fife, WA 98424 Violations Violation # 1 Code Reference: File #: [E23-0}15 Violation Location: Vacant Land. Adjacent to / north of 13710 Macadam Rd S Parcel #: 1523049047 Environmentally Sensitive Areas: Type F Stream (Fish) with 80 foot buffer Type Ns Stream (Intermittent) with 50 foot buffer Wetland — Category 111 with 80 foot buffer See Exhibit A LAND CLEARING IN AN ENVIRONMENTALY SENSITIVE AREA TMC 18.45.070 Critical Area Permitted Activities A. Outright Permitted Activities. The foliowing activities are outright permitted subject to the provisions of TMC Chapter 21.04 and of the mitigation requirements of this chapter, if applicable: 2. Site exploration or research that does not include use of heavy equipment or native vegetation removal. 3. Maintenance and repair of essential streets, roads, rights-of-way, or utilities, and placernent, CITY OF TUKWILA CODE ENFORCEMENT • 6300 SOUTHCENTER BLVD, SUITE 100, TUKWILA, WA 98188 • (206)431-3671 Instrument Number: 20230127000013 Document:N Rec: $208.50 Page -3 of 6 Record Date:1/27/2023 8:13 AM King County, WA Observed Condition: B. Permitted Activities Subject to Administrative Review. The foliowing uses rnay be permitted only after administrative review and approval of a Type 2 Special Permission appIiction by the Director: 4. Enhancement or other rnitigation including Iandscaping with native plants that requires heavy equipment. OnJanuary ZlZDZ3 1 observed two individuals using chain saws, clearing the western portion of the subject property of all vegetation. Reviewing the City's perrnit tracking system, 1 did not find any applied for or issued City perrriit that would allow land clearing on the subject property. Reviewing Tukwila iMap, I discovered that a significant portion of the subject property is encumbered by Southgate Creek and a Category III wetland— including the area where I observed individuals clearing vegetation. Reviewing the City's permit tracking system, I discovered a code enforcement case was previously opened for the subject property in 2018, CE18-0252. The violations in that case were as foliows: 1. FILLING AND GRADING WITHOUT A PERMIT 2. TREE REMOVAL/CLEARING IN A SENSITIVE AREA This code enforcement case was closed, but unresolved. CITY OF TUKWILA CODE ENFORCEMENT • 6300 SOUTHCENTER BLVD, SUITE 100, TUKWILA, WA 98188 • (206)431-3671 Instrument Number: 20230127000013 Document:N Rec: $208.50 Page -4 of 6 Record Date:1/27/2023 8:13 AM King County, WA Corrective Action: 1. IMMEDIATELY CEASE ALL LAND CLEARING ACTIVITY UNTIL AL REQUIRED PERMITS HAVE BEEN REVIEWED, APPROVED, AND ISSUED. Compliance date: Violation # 2 Code Reference: 2. Apply for and receive a final approved Type 2 Special Permission permit for the enhancernent or other mitigation including Iandscaping with native plants that requires heavy equiprnent. 3. Once the Type 2 Special Perrnission perrnit (see Corrective Action Item #2 above) has been inspected and finaled, apply for and attend a Pre- App|icationrnoetingvvithin3Odaysofthecomp|iancedatebe|ow. Your pre -application must be completed online and submittal docurnents uploaded eleven (11) days prior to the meeting (Friday, 4:00 p.m. deadline). The application fee must be paid prior to the meeting being scheduled. 4. Once all permit(s) have been approved and issuedand before any work cornmences, attend an onsite meeting with City staff to discuss permits and the approved work. Contact Breyden Jager, 206.431.3651 or BrevdenJaxerA»tukwi|avva.xov to schedule an onsite meeting. 5. Once this area has been plantedapproved, and finaled, you must maintain all required plantings for the Iife of the property. Complkince date to submit complete permit application, plans, wetland reports, and any other required documents: March 1, 2023 TREE REMOVAL IN AN ENVIRONMENTALY SENSITIVE AREA TMC 18.45.158 Vegetation Protection and Management C.4. Tree Replacernent Requirernents. Where permitted, significant trees that are removedillegally topped, or pruned by more than 25% within a critical area shall be replaced pursuant to the Tree Replacement Requirements Table (below), up to a density of 100 trees per acre (including existing trees). Significant trees that are part of an approved landscape plan on the developed portion of the site are subject to replacement per TMC Chapter 18.52. Dead or dying trees removed that are part of an approved Iandscape plan on the developed portion ofthe site shall be replaced at a 1:1 ratio in the next appropriate planting season. Dead or dying trees Iocated within the critical area or its buffer shall be left in place as wildlife snags, unless they present a hazard to structures, facilities or the public. Removal of dead, dying or otherwise hazardous trees in non-developed areas are subject to the replacement requirements|istedintho"TreeRep|acementKequirements"Tab|obe|uw.The CITY OF TUKWILA CODE ENFORCEMENT • 6300 SOUTHCENTER BLVD, SUITE 100, TUKWILA, WA 98188 • (206)431-3671 Instrument Number: 20230127000013 Document:N Rec: $208.50 Page -5 of 6 Record Date:1/27/2023 8:13 AM King County, WA Observed Condition: Director may require additional trees or shrubs to be installed to mitigate any potential irnpact fron-i the Ioss of this vegetation as a result of new development. On January 23, 2023 1 observed two individuals using chain saws clearing small trees in the western portion of the subject property. Reviewing the City's perniit tracking system, 1 did not find an applied for or issued Tree permit for the removal of these trees. Reviewing Tukwila iMap, I discovered the property is encumbered by Southgate Creek and a Category 111 wetland— including the area where 1 observed individuals clearing trees. Corrective Action: I. Apply for and receive final approved a Tree Permit for the removal of the trees Iocated within the Environmentally Sensitive Area. Z. Once the trees have been planted, approvedand finaledyou must maintain these trees for the life of the property. Compliance Date: Compliance dcite to submit complete permit app!ication, plans,wetland reports, and any other required documents: March 1,2Q23 NOTE: Permit applications are now being accepted electronically. See httns://vvww.tukwi|awa.gov/wp'contmnt/up|oads/D[D'Pernnits'Login-to{]n|ine'Porta|.pdf for further details on how to submit the above applications. The citys permit center website is https://wwvv.tukwi|awa.«ov/departments/permit'cente// This isa notice that your property is in violation of the Tukwila Municipal Code. You rnust complete the corrective action noted above by the conipliance date indicated. Code Enforcement Officer: Jim Toole Telephone: 206~431'3676 Email: jim.toolePtukwilawa.gov CITY OF TUKWILA CODE ENFORCEMENT • 6300 SOUTHCENTER BLVD, SUITE 100, TUKWILA, WA 98188 • (206)431-3671 Instrument Number: 20230127000013 Document:N Rec: $208.50 Page -6 of 6 Record Date:1/27/2023 8:13 AM King County, WA City of T ukw^ a Code Enforcemen NOTICE OF AND ORDER n��wn��o �"��o"�n��n��n��n�~PerTMC § 8.45.070 Appeal Instructions TMC 8.45.110 Appeal to Hearing Examiner A. The person(s) / business responsible named on this Notice of Violation and Order issued by the Code Enforcement Officer, pursuant to TMC Section 8.45.070, may appeal the Notice by requesting such appeal within 10 calendar days after being served with the Notice pursuant to TMC Section 8.45.070. File the Appeal with the Tukwila City Clerk a written notice of appeal along with payment of the $340 appeal fee, containing the foliowing: 1.The Code Enforcement case file number. 2.A brief statement setting forth the names, mailing address(es), and legal interest of each of the persons appealing this notice and order. 3.A brief statement of the specific order or action protested, together with any supporting facts. 4. A brief statement of the relief sought, and the reasons why it is claimed that the notice and order should be reversed, modified, or otherwise set aside. TMC 8.45.120 Penalties A. VIOLATIONS OF THE TUKWILA MUNICIPAL CODE: 2. Notice of Violation and Order: a. A Notice of Violation and Order shall carry with it a cumulative monetary penalty of $250.00 per day for each violation from the compliance date until compliance with the Notice of Violation and Order is achieved. CITY OF TUKWILA CODE ENFORCEMENT • 6300 SOUTHCENTER BLVD, SUITE 100, TUKWILA, WA 98188 • (206)431-3671