HomeMy WebLinkAbout2023 - Amended Notice of Violation and Order - Mai T Nguyen / Kevin M Vuu - 20230227000271Instrument Number20230227000271 Doounmont:N Rec: S216.50Pugo l of 14
R0000d|matc:2/27/20%3 10:17 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 ransactions conta ned therein): all areas applicable to your document must
be fiIIed in)
1. Amended Notice of Violation and Order
3. 4.
Reference Number(s) of Documents assigned or released:
Additional reference #s on page of document
Grantor(s) Exactly as name(s) appear on document
1. City ofTukwila
Z.
Additional names on page of document.
Grantee(s) Exactly as name(s) appear on document
1` Mai '[ Nguyen & Kevin M.Vuu
Z.
Additional names on page of document.
Legal description (abbreviated: i.e. lot, block, plat or section, township, range)
ADAMS HOME TRS 2ND ADD LOT 2 OF TUKWILA SHORT PLAT #L05-071 REC 20070612900001 SD
BEING PAR A OF TUKWILA BLA L05-077 REC 20070612900001
PLat Block: 2, Plat Lot: 4-6
Additional legal is on page of document.
Assessor's Property Tax Parcel/Account Number Assessor Tax # not yet assigned.
0042000145
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 $50 fee if the document meets margin/formatting requirements
Instrument Number: 20230227000271 Document:N Rec: $216.50 Page -2 of 14
Record ]Natr:2/27/2A23lAz17AMKing County, WA
CityAMENDED
������K�L���^|��
..n n..m..n/~.Code Enforcement
NOTICE OF VIOLATION AND ORDER
April 14, 2021
Kevin Mi Vuu & Mai Thi Nguyen
4661 S 148th St
Tukwila WA 98168
Violations
Violation # 1
Code Reference:
VEGETATION RETENTION
File #: CE21f012
Violation Location: 4661 S 148th St
Parcel #: 0042000145
Environmentally Class 3 Landslide Hazard
Sensitive Areas: Type 4 Stream and its associated
50 -foot buffer
TMC 18.45.130 Areas of Potential Geologic Instability Uses, Exemptions, Alterations
and Mitigation
C. ALTERATIONS.
5. Unless otherwise provided or as part of an approved alteration, removal of
vegetation from an area of potential geologic instability or its buffer shall be
prohibited.
When permitted aspart of an approved alteration, vegetation removal shall be
minimized
to the extent practicable.
TMC 18.45.158 Vegetation Protection and Management
C. Vegetation Retention and Replacement.
1. Retention.
a. Native vegetation in critical areas and their buffers must be protected
and maintained. No removal of native vegetation is allowed without prior approval by
the
City except in cases of emergency where an imminent hazard to public life, safety or
property exists. Vegetation may be removed from the buffer as part of an
enhancement
plan approved by the Director. Enhancements will ensure that siope stability ... will
be maintained or improved. Any temporary disturbance of the buffers shall be
CITY OF TUKWILA CODE ENFORCEMENT • 6300 SOUTHCENTER BLVD, SUITE 100, TUKWILA, WA 98188 • (206)431-3671
Instrument Number: 20230227000271 Document:N Rec: $216.50 Page -3 of 14
Record ]Natr:2/27/2A23lAz17AMKing County, WA
Observed Conditions&
Research:
Corrective Action:
replanted with a diverse plant community of native northwesspecies.
b. Invasive vegetdon(b|arkberry,ipy,|aune|'etc.)mayberemovedfrnm
a critical area or its buffer except steep slopes without a permit if removal does not
utilize heavy equipment. The use of herbicide by a Iicensed contractor with
certifications as needed from the Washington Department of Ecology and the
Washington Department of Agriculture is permitted but requires notification prior to
application to the City and shall comply with TMC Section 18. 45. 158. E. 3. Invasive
vegetation removal on steep slopes requires prior City approval. (Emphasis added)
G. Maintenance arid Monitoring.
The property owner is required to ensure the viability and long- term health of
vegetation planted for replacement or mitigation through proper care and
maintenance for the life of the project subject to permit requirements as follows:
2. Restoration and Mitigation Project Requirement .
a. A five-year monitoring and maintenance plan must be approved by the City prior to
permit issuance. The monitoring period will begin when the restoration is accepted
bytheCity—
OnMarch D6,2VZ1,|observed from an adjacent property severe erosion and
complete vegetation removal beginning at the top of the steep siope and continues
to the bottom of the steep slope. There are rills throughout this steep slope and silt
from the base of slope easterly towards the stream and its buffer.
On March 24, 2021, I observed silt has flowed into the stream buffer and it appears
the stream has been altered.
On March 24, 2021, I observed soil has been dumped behind the fence. The fence at
this location has a gate installed and the soil was dumped through this gate. This soil
is located approximately twenty-five feet north of the steep slope that is the primary
subject of this case.
On March 26, 2021, 1 observed from Kevin Vuu's property the steep siope has rio
vegetation over the entire steep slope area, construction / demolition debris has
been dumped down the steep slope, severe erosion has occurred, and a very large rill
has been created on the south side of this Iocation. At the top of the steep siope, 1
observed numerous cracks in the soil, mostly above the large rill. There was evidence
of fresh soil dumped onto the steep slope.
After inspecting the top of the siope, 1 observed the bottom of the siope and
surrounding area from the ldeker/White property. The rubbish and garbage have
accumulated at the base of the steep slope, a fallen tree is holding rubbish, garbage,
and the silt, the silt has flowed east of the base of the steep slope and has settled into
the huffer of the stream and has altered the flow of the stream.
Researching Tukwila iMap, Environmentally Sensitive Areas, I discovered the slope is
a Class 2 & 3 Landslide Hazard and a Type 4 Stream and associated 50 -foot buffer at
or near the base of the steep siope.
1. Immediately discontinue all activities associated with the unpermitted clearing
activities.
CITY OF TUKWILA CODE ENFORCEMENT • 6300 SOUTHCENTER BLVD, SUITE 100, TUKWILA, WA 98188 • (206)431-3671
Instrument Number: 20230227000271 Document:N Rec: $216.50 Page -4 of 14
Record ]Natr:2/27/2A23lAz17AMKing County, WA
Compliance Date:
Violation # 2
Code Reference:
Observed Conditions:
Corrective Action:
Compliance Date:
Z. Immediately stabilize all distrbeds"i|,a,equiedbyTM[1654.06Ovvith,traw
mu|ch(3inchesminimumoveraUdisturbedsni|s)'instoUonainncnntm|meamres
(e.g.: straw wattles, silt fencing) to prevent water from cascading over the disturbed
soil. Once completed call Jim Toole, Z06-431`3676for aninspection.
Compliance date: Apri! 11, 2021 (Erosion and Sediment Control was installed on
March 31, 2021.) Maintain these measures for three (3) years to prevent further
erosion and a!Iow timefor the plants to take root and grow.
3. Submit a planting plan identifying what plants will be planted and where they will
be planted. A combination of native groundcover (e.g., sword fern, salal, Oregon
grape, kinnikinnik) and native shrubs (e.g., snowberry, mock orange, bald hip rose) will
be required. Coritact Nancy Eklurid, City Planner noncv.ek|undVatukwi|awa.nvy,for
questions regarding the planting plan requirements.
Compliance date: June 1,aooz
4. Submit a watering plan identifying how the plants will be watered (e.g., soaker
hose, in ground irrigation). Plants will need to be watered until they are established,
and plants that do not survive will need to be replanted.
Compliance date: June 1, 2021
5. Revegetate the steep siope utilizing the approved plariting plan. It is
recommended not to revegetate this siope until after October 1, 2021.
Compliance date: December 31, 2021
December 31, 2021
SPECIAL PERMISSION
TMC 18.45.070 B The Tukwila Zoning Code and Sign Code have
estab|ished^5pecia|Permioion^decidvns, which are more
complex than straightforward applications of code standards, but
do not require a public hearing.
REQUIREMENTS: Special permission approval by the Director is
required in the following situations.
Sensitive Area Ordinance Deviations, Alterations or Uses Requiring
Administrative Review and Approval
• Enhancement or other mitigation including Iandscaping with
native plants.
One March 16, 2021, 1 observed severe erosion and complete
vegetation removal beginning at the top of the steep slope and
continues to the bottom of the steep siope. There are rilis
throughout this steep siope and silt from the base of slope
easterly towards the stream buffer.
Complete and submit the Special Permission -Director application.
Submit the Special Permission -Director permit application:
June 1, 2021
CITY OF TUKWILA CODE ENFORCEMENT • 6300 SOUTHCENTER BLVD, SUITE 100, TUKWILA, WA 98188 • (206)431-3671
Instrument Number: 20230227000271 Document:N Rec: $216.50 Page -5 of 14
Record ]Natr:2/27/2A23lAz17AMKing County, WA
Violation # 3 FILLING AND GRADING WITHOUT A PERMIT
Code Refernce:
Observed Conditions
84 Research
Corrective Action:
Compliance Date:
Violation # 4
Code Reference:
TMC 16.54.050 PERMIT
A. A permit is required for all grading activities occurring within the City Iimits.
TMC 8.45.020 VIOLATIONS
B. In addition to specific civil violations enumerated throughout the Tukwila Municipal
Code, the following actions are unlawful and are subject to enforcement through this
chapter:
2. It is unlawful for any person to useconstruct, locate, demolish or cause to be used,
constructed, located, or demolished, any structure, land, or property within the City in
any manner that is not permittd by the terms of any permit or authorization issued
pursuant to the applicable provisions of the Tukwila Municipal Code.
On March 26, 2021 while inspecting the steep slope, I observed the rear yard has been
graded. 1 did not observe any vegetation on the area that has been graded.
Researching the City's permit tracking system, I did not find any permits applied for or
issued for the grading activities in the rear yard.
Researching King County iMap, the 2019 Aerial shows the rear yard has grass and two
small structures towards the back of the rear yard.
Researching King County Assessor's Office, Localscape / Analytics, December 23, 2020, the
rear yard has been graded, the two structures have been removed, and multiple vehicles
are parked in the rear yard. In comparing the western portion of the rear yard, which looks
like grass, but the area graded is gray/no grass in the aerial.
Researching Google with the property address, I discovered a Redfin listing which states
the home sold on August 15, 2013. One of the photographs in the listing shows the rear
yard. The yard has two small retininXwaUsandtherei,graothmughomthebarkyand.
1. Discontinue all activities associated with grading activities and bringing gravel and soil
onto the property.
2. Stabilize deposited soils as requireci by TMC 16.54.060 with straw mulch (3 inches
minimum over all disturbed soils excluding driveway) by May3. 2VZ1then call Jim Toole
for an inspection.
3. Apply for and obtain a City Public Works / Grading Permit.
Submit the Pub!ic Works / Grading Permit application and plans:
June 1, 2021
UNPERMITTED OCCUPATION/USE OF CITY RIGHT-OF-WAY
TMC 11.04.070 Hazardous Conditions on Public Right -of -Way
It is unlawfl for the owner and /or person occupying or having charge or control of any
premises abutting upon any public right-of-way or alley in the City to construct, place,
cause, create, maintain or permit to remain upon any part of such right-of-way located
between the curbline or, if there is no curbline, then between the adjacent edge of the
traveled portion of such right-of-way by the members of the general public ...
11.08.010 Permit Requirements
CITY OF TUKWILA CODE ENFORCEMENT • 6300 SOUTHCENTER BLVD, SUITE 100, TUKWILA, WA 98188 • (206)431-3671
Instrument Number: 20230227000271 Doounxum:N Rec: $216.50 Page -6 of 14
Record ]Natr:2/27/2A23lAz17AMKing County, WA
Observed Conditions
& Research:
Corrective Action:
Compliance Date:
Violation # 5
Code Referncp:
Observed Conditions
& Research:
Corrective Action:
Compliance Date:
Violation # 6
Code Refernce:
A. It is urilawfull for anyone to perform work of any kind in a public right-of-way, or to make
private use of any public right-of-way without a right-of-way use permit issued by the City.
On March 16, 2021, 1 observed a Iarge gate intersecting South 148th Street, which is City
right-of-way. The gate rolls left to right with walls to the left and right of the gate. There is
a keypad to open and close the gate attached to the right wall and there 15 a grove cut into
the street for the gate's wheel to roll on.
Researching the City's permit tracking system, 1 did not find any applied for or issued
permit for the installation ofthe gate and two walis.
Researching the Quarter Section map for this location, the map shows 5 148th St has not
been vacated from this gate east to 51" Ave S. The forty -foot (40) Right -of -Way (R.O.W.)
remains as surveyed.
A November 30, 2005 Boundary Line Adjustment survey identifies this R.O.W. and it shows
a twenty -foot (20) wide R.O.W. from the center line of the road south to the edge of
R.O,W, This survey also shows S14E^Stcontinues east to51stAve S.
1.
2.
Apply for and receive a PubIic Works Type C Permit. Record aRight-of-VVay
Encroachment Agreement and submit a copy of the recorded document to Public
Works. Notify Jim Toole when this task has been completed. For more information on
the Permit and Encroachment Agreements, contact Public Works at (206) 433-7184
and ask to speak with Joanna Spencer, Development Engirieer for permit and
Encroachment Agreement details, OR
Remove the gate and the walls to the left and right of the gate.
Compliance date to either submit the Public Works permit application or remove the
gate and the walls to the left and right of the gate: June 1, 2021
PROHIBITED SIGNAGE
TMC 19.12.040(3) Prohibited Signs and Devices
A sign, sign style or device is prohibited by this code and subject to removal if it us not
specifically permitted by this code. This includes, but is not limited to, the foliowing
examples: 3. Any sign, symbol, object or device located within City or State rights-of-way
or City easement or City -owned property without City and/or State approval.
On March 16, 2021, 1 observed a large sign for the horne occupation business at this
address Iocated within the City's right-of-way on South 148th Streetwhich was placed
without City and/or State approval.
Remove this sign from the City's right-of-way.
June 1, 2021
ACCUMULATION OF GARBAGE AND RUBBISH
|P[N[aO8.1(as adopted byTMC 8.28.020) ACCUMULATION OF RUBBISH OR GARBAGE
All exterior property and premises shall be free from any accumulation of rubbish or
garbage.
Garbage is defined as the animal or vegetable waste resulting from the handling,
preparation, cooking and consumptiori offood.
Rubbish is defined as combustible and noncombustible waste materials, except garbage;
the term shall include the residue from the burning of wood, coal, coke and other
combustible materials, paper, rags, cartons, boxes, wood excelsior, rubber, leather, tree
CITY OF TUKWILA CODE ENFORCEMENT • 6300 SOUTHCENTER BLVD, SUITE 100, TUKWILA, WA 98188 • (206)431-3671
Instrument Number: 20230227000271 Document:N Rec: $216.50 Page -7 of 14
Record ]Natr:2/27/2A23lAz17AMKing County, WA
Observed Conditions:
Corrective Action:
branche, yard trimmings, tin cans, metak, mineral matter, glass crockery and dust and
other similar materials....
On March 16, 2021, I observed rubbish and garbage strewn throughout the steep slope
and elsewhere on the property. This included but not limited to dimensional lumber,
lumber fragments, wood flooring, asphalt shingles, brick and mortar, concrete, and
cardboard boxes. I also observed fresh soil and additional rubbish and garbage on portions
of the steep slope. At the top of the steep slope, I observed a pile of rubble I observed on
February 24, 2012 has been removed and ariother rubble pile has been pushed
easterly/down the slope.
Properly dispose of all rubbish and garbage, or store rubbish and garbage in approved
leakproof containers with close -fitting covers or inside an enclosed structure until garbage
and rubbish is removed from the property. Always maintain the property to this
standard.
Compliance Date: August 31, 2021
NOTE: The removal of the rubbish and garbage can only be removed manually on the
steep siope. No equipment is permitted anywhere on the steep siope. Do not remove
the rubbish and garbage until after July 1, 2021 to prevent further damage to the steep
siope. If there is rubbish and garbage along the fence line that can be removed without
disturbing the soil, this task is permitted.
NOTE: Permit applications are now being accepted electronically,
See Nttpc//www.tukwi|avva.nov/wp~con*,nt/up|oad,/DCD'Permit,'Lomin'to-On|ine'Portaindf for further details
on how to submit the above applications.
The city's permit center website is https://www.tukwilawa.govidepartments/perniit-center/
This is a notice that your property is in violation of the Tukwila Municipal Code. You must completthe corrective
action noted above by the compliance date indicated.
FAILURE TO COMPLY WITH THIS ORDER SHALL SUBJECT YOU TO A MONETARY PENALTY OF UP TO
$250 PER DAY PER VIOLATION FOR EACH DAY THAT THE VIOLATION EXISTS PURSUANT TO TMC 8.45.120(2).
Code Enforcernent Officer: Jim Toole
Telephone: (206) 431-3676
Email: jim.toole@tukwilawa.gov
CITY OF TUKWILA CODE ENFORCEMENT • 6300 SOUTHCENTER BLVD, SUITE 100, TUKWILA, WA 98188 • (206)431-3671
Instrument Number: 20230227000271 Document:N Rec: $216.50 Page -8 of 14
Record ]Natr:2/27/2A23lAz17AMKing County, WA
�`^f��-�KUL~��^U��
,~..x of ..~...~...~Code Enforcemen
NOTICE OF AND ORDER n���nn���o �n���oo�n��nm��nx��n�~perTmc § 8.45'070
Appeal Instructions
A person may, within ten days of being served this notice, file with the Tukwila City Clerk a
written notice of appeal along with payment of the $300 appeal fee, containing the following:
i.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;
and
4. A brief statement of the relief sought, and the reasons why it is claimed that the notice and order
should be reversed, rnodified, or otherwise set aside.
Any appeal of this Notice of Violation and Order must be filed WITHIN 10 DAYS of being served this
notice. There will be no other opportunity to appeal this order, and noncompliance with this order
may result in further legal action.
CITY OF TUKWILA CODE ENFORCEMENT • 6300 SOUTHCENTER BLVD, SUITE 100, TUKWILA, WA 98188 • (206)431-3671
Instrument Number: 20230227000271 Document:N Rec: $216.50 Page -9 of 14
Record ]Natr:2/27/2A23lAz17AMKing County, WA
City of l�i]L'��^|��
^~~'^~~''`~Code Enforcement
AMENDED
Request for Compliance - TMC § 8^45,050
March 19, 2021
David Ideker & Winifred White, LLC
ZZ85Z5[Lake Wilderness DrS
Maple Valley, WA 98038
Violations
Violation #z
Code Reference:
VEGETATION RETENTION
File #: CE21-0013
Violation Location: 4812S15OTHST
Parcel #: 0042000147
Environmentally Class 3 Landslide Hazard
Sensitive Areas: Type 4 Stream and its associated
50 -foot buffer
TMC18. 45. 130 Areas of Potmia|Geo|ogic|nstabi|hyU,es,[xemptions,A]teratkm,
and Mitigation
C. ALTERATIONS.
5. linless otherwise provided or as part of an approved alteration, removal of
vegetation from an area of potential geologic instability or its buffer shall be prohibited.
When permitted as part of an approved alteration, vegetation removal shall be minimized
to the extent practicable.
TMC 18.45. 158 Vegetation Protection and Management
C. Vegetation Retention and Replacement.
1. Retention.
a. Native vegetation in critical areas and their buffers must be protected
and maintained. No removal of native vegetation is allowed without prior approval by the
City except in cases of emergency where an imminent hazard to public life, safety or
property exists. Vegetation may be removed from the buffer as part of an enhancement
plan approved by the Director. Enhancements will ensure that slope stability ... will be
maintained or improved. Any temporary disturbance of the buffers shall be
replanted with a diverse plant community of native northwest species.
b. Invasive vegetation ( blackberry, ivy, laurel, etc.) maybe removed from
a critical area or its buffer except steep slopes without a permit if removal does not
utilize
CITY OF TUKWILA CODE ENFORCEMENT • 6300 SOUTHCENTER BLVD, SUITE 100, TUKWILA, WA 98188 • (206)431-3671
Instrument Number: 20230227000271 Document:N Rec: $216.50Pugo10nf14
Record ]Natr:2/27/2A23lAz17AMKing County, WA
Observed Conditions &
Research:
heavy equiprnent. The use of herbicide by a Iicensed contractor with certifications as
needed from the Washington Department of Ecology and the Washington Department of
Agriculture is permitted but requires notification prior to application to the City and shall
comply with TMC Section 18. 45. 158. E. 3. Invasive vegetation removal on steep slopes
requires prior City approval. (Emphasis added)
One March 16, 2021, | observed severe erosion and complete vegetation removal
beginning at the top of the steep slope and continues to the bottom of the steep slope.
There are significant rilis throughout this steep siope.
Researching Tukwila iMap, Environmentally Sensitive Areas, | discovered the slope is a
Class 2 & 3 Landslide Hazard and there is a Type 4 Stream and associated 50 -foot buffer
at or near the base of the steep slope.
Corrective Action: 1. Discontinue all activities associated with the unpermitted clearing activities.
Z. Stabilize all disturbed soils as required by TMC 16.54.060 with straw mulch (3 inches
minirnum over all disturbed soils), install erosion control measures (e.g.: straw wattles,
silt fencing) to prevent water from cascading over the disturbed soil. Once completed call
Jim Toole, 206-431-3676 for an inspection.
Compliance date: April z/,a02z Maintain these measures for three (3) years to
prevent further erosion and allow time for the plants to take root and grow.
3. Submit a planting plan identifying what plants will be planted and where they will be
planted. A combination of native groundcover (e.g.: sword fern, salal, Oregon grape,
kinnikinnik) and native shrubs (e.g.: snowberry, mock orange, bald hip rose) will be
required. Contact Nancy Eklund, City Planner nanc/.ek|und@�ihwi|avvu.«ov'for
questions regarding the planting plan requirements.
Compliance date: June 1, 2021
4. Submit a watering plan identifying how the plants will be watered (e.g.: soaker hose, in
ground irrigation). Plants will need to be watered until they are established and plants
that do not survive will need to be replanted.
Compliance date: June 1'2022
5. TMC 18.45. 158 Vegetation Protection and Management
G. Maintenance and Monitoring.
The property owner is required to ensure the viability and long- term health of
vegetation planted for replacement or mitigation through proper care and
maintenance for the life of the project subject to permit requirements as follows:
2. Restoration and Mitigation Project Requirernents.
a. A five-year monitoring and maintenance plan must be approved by the City prior to
permit issuance. The monitoring period will begin when the restoration is accepted by
6. Revegetate the steep siope utilizing the approved plariting plan. It is recornmended
not to revegetate this siope until after October 1, 2021.
Compliance date: December 31, 2021
CITY OF TUKWILA CODE ENFORCEMENT • 6300 SOUTHCENTER BLVD, SUITE 100, TUKWILA, WA 98188 • (206)431-3671
Instrument Number: 20230227000271 Document:N Rec: $216.50Pugo11nf14
Record ]Natr:2/27/2A23lAz17AMKing County, WA
Compliance DateDecember 31, 2021
NOTE: I suggest due the conditions of this slope, reach out to Geotechnical Engineering
firms and hydroseeding companies to request a possible inspection of the two properties
to determine the erosion control measures and how/where they need to be installed. The
silt fencirtg must be the correct silt fencing, wire mesh on the back of the silt fencing for
structural strength arid durability and it must be installed correctly (e.g. steel stakes, "J"
hooked, etc.). 1 suggest the first silt fencing be installed at the bottom of the steep siope
to prevent further sediment runof1 have observed sediment has flowed from the steep
slope and onto your property. David Ideker & Winifred White, I cannot stress enough how
critical it is to install erosion and sediment control measures correctly and quickly. The silt
fencing and other erosion control measures must be maintained for three (3) years to
prevent further erosion and allow time for the plants to take root and grow.
Violation # 2 SPECIAL PERMISSION
Code Refonne:
Observed Conditions:
Corrective Action:
Compliance Date:
Violation # 3
Code Reference:
Observed Conditions:
The Tukwila Zoning Code and Sign Code have established "Special Permission" decisions,
which are more complex than straightforward applications of code standards, but do not
require a public hearing.
REQUIREMENTS: Special permission approval hy the Director is required in the following
situations.
Sensitive Area Ordinance Deviations, Alterations or Uses Requiring Administrative Review
and Approval
(TMC 18.45.070, TMC 18.45.090, TMC 18.45.110)
• Enhancement or other mitigation including landscaping with native plants.
One March 16, 2021, I observed severe erosion and complete vegetation removal
beginning at the top of the steep slope and continues to the bottom of the steep slope.
There are rills throughout this steep slope and silt from the base of slope easterly
towards the strearn buffer.
Complete and submit the Special Permission -Director application.
Submit the Special permit application:
June 1, 2021
ACCUMULATION OF GARBAGE AND RUBBISH
IPMC 308.1 (as adopted by TMC 8.28.020) ACCUMLJLATION OF RUBBISFI OR GARBAGE
All exterior property and premises shall be free from any accumulation of rubbish or
garbage.
Garbage is defined as the animal or vegetable waste resulting from the handling,
preparation, cooking and consumption of food.
Rubbish is defined as combustible and noncombustible waste materials, except
garbage; the term shall include the residue from the burning of wood, coal, coke and
other combustible materials, paper, rags, cartons, boxes, wood excelsior, rubber,
leather, tree branches, yard trimmings, tin cans, metais, mineral matter, glass crockery
and dust and other similar materials.
CITY OF TUKWILA CODE ENFORCEMENT • 6300 SOUTHCENTER BLVD, SUITE 100, TUKWILA, WA 98188 • (206)431-3671
Instrument Number: 20230227000271 Document:N Rec: $216.50 Page -12 of 14
Record ]Natr:2/27/2A23lAz17AMKing County, WA
Corrective Action:
On March 16, 2021, I observed rubbish and garbage strewn throughout the steep slope
and elsewhere on the property. This included hut not limited to dimensional lumber,
lumber fragments, wood flooring, asphalt shingles, brick and mortar, concrete, and
cardboard boxes. | also observed fresh soil and additional rubbish and garbage on
portions of the steep slope. At the top of the steep slope, I observed a pile of rubble I
observed on February 24, 2012 has been removed and another rubble pile has been
pushed easterly/down the siope.
Properly dispose of all ruhbish and garbage, or store rubbish and garbage in approved
leakproof containers with close -fitting covers or inside an enclosed structure until
garbage and rubbish is removed from the property. Maintain the property to this
standard at all times.
Compliance date: August 31, 2021
NOTE: The removal of the rubbish and garbage can only be removed manually on the
steep slope. No equipment is permitted anywhere on the steep slope. Do not remove
the rubbish and garbage until after July 1, 2021 to prevent further damage to the steep
slope. If there is rubbish and garbage along the fence line that can be removed without
disturbing the soil, this task is permitted.
NOTE: Permit applications are now being accepted electronically.
See https://www.tuhwi|awm.nov/wp-content/un|oad,/D[D'Pe,mits'Lo«in-to~On|ine'Portaindf for further detalis
on how to submit the above applications.
The city's perm it center website is httnc//www.tukwi|awa.«ov/departnoents/pernnit'center/
This isarequest for complianceThe City has determined that one or more violations ofthe Tukwila Municipal
Code (TMC) exist on the above referenced property. ¥ou must complete the corrective action(s) noted above by
the compliance date indicated. If you fail to take the required corrective action, the City may issue a Notice of
Violation arid Order, pursuant to Tukwila MLlnicipal Code 8.45.050. This is your final notice prior to the City's
issuance of a Notice of Violation and Order.
Clean, safe attrctive neighborhoods are our goal and compliance support is our specialty. If you are experiencing
extenuating circumstances, please contact us to discuss your options and pathways to compliance.
Code Enforcement Officer: Jim Toole
Telephone: (206)431'3676
Email: jim.toole@tukwilawa.gov
CC:
Kevin Mi VUU & Mai Thi Nguyen
4661S148*St
Tukwila WA 98168
CITY OF TUKWILA CODE ENFORCEMENT • 6300 SOUTHCENTER BLVD, SUITE 100, TUKWILA, WA 98188 • (206)431-3671
Instrument Number: 20230227000271 Document:N Rec: $216.50 Page -13 of 14
Record Date:2/27/2023 10:17 AM King County, WA
June 10, 2021
David Ideker & Winifred White, LLC
22852 SE Lake Wilderness Drive South
Maple Valley, WA 98038
Mr. Ideker & Ms. White:
OGDEN: MURPHY WALLACE, p up
A\IF.
SE ATTLE, WA 98164-2008
2.06.447.1000
20e.i.,441.0215
(;)MWI AW CC) M
ANDREW D. TSOMING
atsoming(Omwlaw.com
My name is Andrew Tsoming. My law firm, Ogden Murphy Wallace, PLLC represents the City
of Tukwila (hereinafter "City"). The purpose of this letter is to provide you with information
pertaining to your property located at 4812 South 150th Street, Tukwila, Washington 98188
(hereinafter "Property") as it relates to City of Tukwila Code Enforcement File # CE21-0013.
Earlier this year, the City sent you an Amended Request for Compliance ("ARFC"), under Code
Enforcement File # CE21-0013, informing you that three separate violations (hereinafter
"Violations") of the Tukwila Municipal Code ("TMC") are occurring on the Property. A copy of
the ARFC document, dated March 19, 2021, is attached to this letter for your reference. The
purpose of the ARFC was to seek voluntary correction of the Violations from you, as the legal
owner of the Property. TMC 8.45.050(C) ("Upon receipt of a complaint regarding a potential code
violation of a non -emergency nature, the Code Enforcement Officer may send a Request for
Compliance to the owner... or other person responsible for the alleged violation documenting the
complaint and seeking voluntary compliance.").
After the City sent you the ARFC, the City conducted an additional investigation and determined
that you did not cause the Violations. Therefore, at this time, the City does not intend on issuing
you any further notices or orders, under TMC Chapter 8.45, with respect to the Violations noted
in the ARFC. However, please be aware that, as of the date of this letter, the Violations noted in
the ARFC are still occurring on the Property. And if the City, in its sole discretion, later determines
that you or your heirs, agents, employees, assignees, or successors initiated, maintained, or caused
to be initiated or maintained these Violations, the City may issue you further notices and/or orders,
under TMC Chapter 8.45, and/or pursue further legal action against you or your heirs, agents,
employees, assignees, or successors.
{ADT2428712.DOCX;2/13175.000001/ }
Instrument Number: 20230227000271 Document:N Rec: $216.50 Page -14 of 14
Record Date:2/27/2023 10:17 AM King County, WA
David Ideker & Winifred White, LLC
June 10, 2021
Page 2
If you have any further questions, comments or concerns, you may reach me at
,q.1•911:011cV(4,1.111:1yd cqtp or at (206) 447-7000.
Very truly yours,
OGDEN MURPHY WALLACE, PLLC
/s/ Andrew D. Tsoming
Andrew D. Tsoming
Assistant City Attorney, City of Tukwila
Attachment: Enforcement Fi le CE21 -0013
cc: Nora GierlotT, City of Tukwila Department of Community Development Director
Jim Toole, City of Tukwila. Code Enforcement Officer
{ADT2428712.DOCX;2/13175.000001/