HomeMy WebLinkAbout2023 - Notice of Violation and Order - 13242 40th Avenue South Tukwila, LLC - 20230712000022Instrument Number: 20230712000022 Docun'ontzCRoczS214.50 Pugo1of12
Record Dutu:7/22/2023 8:20 AM
Electronically Recorded King County, WA
Return Address:
[ityofTukwAa—CityCler
6200 SoutFcenter 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 filled in)
1. Notice ofViolation and Order 2.
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
Additional names on page of document.
Grantee(s) Exactly as name(s) appear on document
1. 1324240thAvenue South Tukwila, LLC
Additional names on page of document.
Legal description (abbreviated: i.e. lot, block, plat or section, township, range)
SE'A,NVV1/4,Section 15,Township Z],Range East, VV.K8
The South 77.67 feet of the North 197.67 feet of Tract 62, Riverside Interurban Tracts, according to the plat
thereof recorded in Volume 10 of Plats, page 74, records of King County, Washington;
EXCEPT the west 10 feet conveyed to King County for roads.
Situate in the County of King, State of Washington.
Additional legal is on page of document.
Assessor's Property Tax Parcel/Account Number Assessor Tax # not yet assigned.
7340600960
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.
"1 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
Instrument Number: 20230712000022 Document:C Rec: S214.50 Page -2 of 12
Record Date:7/12/2023 8:20 AM King County, WA
City of Tukwila
Code Enforcement
NOTICE OF VIOLATION AND ORDER-TMc§8.45.070
July 11, 2023
Person(s) / Business Responsible:
13242 40th Avenue South Tukwila, LLC
13242 40th Avenue South Tukwila, LLC
ATTN: Ly Le (Xuanly Le)
8236 W Mercer Way
Mercer Island, WA 98040
Via Email:
tlwapropertyl@gmail.com
File #:
Violation
Location:
Parcel:
CE23-0148
13242 40th Ave S, Tukwila
7340600960
Environmentally Critical Areas — Southgate Creek
Type:
Buffer:
Np Stream (Year Round)
Ns Stream (Intermittent)
Np Stream: 80 feet
Ns Stream: 50 feet
See Exhibit A
Legal Description:
SE 1/4, NW %, Section 15, Township 23, Range East,
W.M.
Legal Description:
The South 77.67 feet of the North 197.67 feet of
Tract 62, Riverside Interurban Tracts, according to
the plat thereof recorded in Volume 10 of Plats, page
74, records of King County, Washington;
EXCEPT the west 10 feet conveyed to King County for
roads.
Situate in the County of King, State of Washington.
Subject to: See attached Exhibit A, which is made a
part hereof by this reference.
This legal description is from the recorded Statutory
Warranty Deed, May 18, 2023, Instrument Number:
20230518000548
CITY OF TUKWILA CODE ENFORCEMENT • 6300 SOUTHCENTER BLVD, SUITE 100, TUKWILA, WA 98188 • (206)431-3671
Instrument Number: 20230712000022 Document:C Rec: 8214.50 Page -3 of 12
Record Date:7/12/2023 8:20 AM King County, WA
Violations
Violation # 1
Code Reference:
See Exhibit B for the Exhibit A referenced above.
13242 40th Avenue South Tukwila, LLC (Ly Le (Xuanly
Le)) purchased the home on May 18, 2023
GRADING AND VEGETATION CLEARING IN AN ENVIRONMENTALY SENSITIVE
AREA — TWO BRANCHES OF SOUTHGATE CREEK
See below
• TMC 16.54.050 PERMIT
A. A permit is required for all grading activities occurring within the City limits.
+ TMC 18.45.070 Critical Area Permitted Activities
A. Outright Permitted Activities. The following activities are outright permitted subject to the
provisions of TMC Chapter 21.04 and of the mitigation requirements of this chapter, if applicable:
See TMC 18.45.70 for complete list of activities.
B. Permitted Activities Subject to Administrative Review. The following uses may be permitted only
after
administrative review and approval of a Type 2 Special Permission application by the Director:
1. Maintenance and repair of existing uses and facilities where alteration or additional fill materials
will be placed or heavy construction equipment used in the critical area or buffer.
• TMC 18.45.110 Watercourse Alterations and Mitigation
A. WATERCOURSE ALTERATIONS. No use or development may occur in a watercourse or its buffer
except as
specifically allowed by this chapter. Any use or development allowed is subject to the standards of this
chapter.
C. MITIGATION STANDARDS.
1. The following shall be considered the minimum standards for approved mitigation projects:
a. Maintenance or improvement of stream channel habitat and dimensions such that the fisheries
habitat functions of the compensatory stream meet or exceed that of the original stream;
b. Bank and buffer configuration restored to an enhanced state;
c. Channel, bank and buffer areas replanted with native vegetation that improves upon the original
condition in species diversity and density;
d. Stream channel bed and biofiltration systems equivalent to or better than in the original stream;
e. Original fish and wildlife habitat enhanced unless technically not feasible; and
CITY OF TUKWILA CODE ENFORCEMENT • 6300 SOUTHCENTER BLVD, SUITE 100, TUKWILA, WA 98188 • (206)431-3671
Instrument Number: 20230712000022 Document:C Rec: S214.50 Page -4 of 12
Record Date:7/12/2023 8:20 AM King County, WA
f. If onsite mitigation is not possible and to ensure there is no net loss of watercourse functions
including, but not limited to, shading, the applicants may pay into an in -lieu fund, if available, to
ensure that projects are fully mitigated.
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 and wetland quality will be maintained or improved. Any temporary disturbance of the
buffers shall be replanted with a diverse plant community of native northwest species.
2. Permit Requirements.
Prior to any tree removal or site clearing, unless it is part of Special Permission approval for
interrupted buffer, buffer averaging or other critical areas deviation, a Type 2 Critical Area Tree
Removal and Vegetation Clearing Permit application must be submitted to the Department of
Community Development (DCD) containing the following information:
4. Tree Replacement Requirements.
Where permitted, significant trees that are removed, illegally 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)....
5. If all required replacement trees cannot be reasonably accommodated on the site, the applicant
shall pay into a tree replacement fund in accordance with the Consolidated Permit Fee Schedule
adopted by resolution of the City Council.
E. Plant Materials Standards.
For any new development, redevelopment or restoration in a Critical Area, invasive vegetation must
be removed, and native vegetation planted and maintained in the Critical Area and its buffer.
1. A planting plan prepared by a qualified biologist shall be submitted to the City for approval that
shows plant species, size, number, spacing, soil preparation, irrigation, and invasive species removal ...
2. Invasive vegetation must be removed as part of site preparation and native vegetation planted in
the Critical Area and its buffer where impacts occur.
3. Removal of invasive species shall be done by hand or with hand-held power tools....
5. A combination of native trees, shrubs and groundcovers (including but not limited to grasses,
sedges, rushes
and vines) shall be planted. Site conditions, such as topography, exposure, and hydrology shall be
taken into account for plant selection. Other species may be approved if there is adequate
justification.
CITY OF TUKWILA CODE ENFORCEMENT • 6300 SOUTHCENTER BLVD, SUITE 100, TUKWILA, WA 98188 • (206)431-3671
Instrument Number: 20230712000022 Document:C Rec: S214.50 Page -5 of 12
Record Date:7/12/2023 8:20 AM King County, WA
7. Plants shall meet the current American Standard for Nursery Stock (American Nursery and
Landscape Association - ANLA).
8. Smaller plant sizes (generally one gallon, bareroot, plugs, or stakes, depending on plant species) are
preferred for buffer plantings. Willow stakes must be at least 1/2 -inch in diameter. For existing
developed areas refer to TMC Chapter 1832, "Landscape Requirements," for plant sizes in required
landscape areas.
9. Site preparation and planting of vegetation shall be in accordance with Best Management Practices
for ensuring the vegetation's long-term health and survival. Irrigation is required for all plantings for
the first three years as approved by the Director.
11. Native vegetation in critical areas and their buffers installed in accordance with the preceding
standards shall be maintained by the property owner to promote healthy growth and prevent
establishment of invasive species. Invasive plants (such as blackberry, ivy, knotweed, bindweed) shall
be removed on a
regular basis, according to the approved maintenance plan.
12. Critical areas, including steep slopes disturbed by removal of invasive plants or development, shall
be replanted with native vegetation where necessary to maintain the density shown in the Critical
Area Buffer Vegetation Planting Densities Table below, and must be replanted in a timely manner
except where a
long-term removal and re -vegetation plan, as approved by the City, is being implemented.
Critical Are
able 1 8.45.158.2 -
offer Vegetation Plantin
nsities Table
Plant Material Type
Planting Density
Stages/cuttings along
strearnbank
(willows, red osier dogwood)
2 %t on center or per
bioengineering method
Shrubs
3 - 5 feet on center, depending
on species
Trees
15 - 20 feet on center, dernding
on species
Groundcovers, grasses, sedges,
rushes, other herbaceous plants
1 1. feet on center, depending
on species
Native seed mixes
5 - 25 tb. p r acre, depending
on species
13. The Department Director, in consultation with the City's environmentalist, may approve the use of
shrub planting and installation of willow stakes to be counted toward the tree replacement standard
in the buffer if proposed as a measure to control invasive plants and increase buffer function.
F. Vegetation Management in Critical Areas.
The requirements of this section apply to all existing and new development within critical areas.
1. Trees and shrubs may only be pruned for safety, to maintain access corridors and trails by pruning
up or on the sides of trees, to maintain clearance for utility lines, and/or for improving critical area
CITY OF TUKWILA CODE ENFORCEMENT • 6300 SOUTHCENTER BLVD, SUITE 100, TUKWILA, WA 98188 • (206)431-3671
Instrument Number30330713000033 Document:C Rec: S214.50 Page -6 of 12
Record DuNo:7/12/2#23N:2#AMKing County, WA
ecological function. No more than 25% may be pruned from a tree within a 36 -month period without
prior City reviewThis
type of pruning is exempt from any permit requirements.
2. Plant debris from removal of invasive plants or pruning shall be removed from the site and disposed
of properly unless on-site storage is approved by the Director. Per King County Noxious Weed Control
Pro8nann8uide|ines,re8u|atednoxiousvveedsshaUbedisposedofinthe|andMU/tnashandnon-
regulated noxious weeds may be disposed of in green waste or composted on site.
G. Maintenance and Monitoring.
The property owner is required to ensure the viability and longterm health of vegetation planted for
replacement or mitigation through proper care and maintenance for the life of the project subject to
permit requirements as foliows:
1. Tree Replacement and Vegetation Clearing Permit Requirements.
a. Schedule an inspection with the City of Tukwila's Urban Environmentalist to document planting of
the correct number and type of plants.
b. Submit annual documentation of tree and vegetation health for five years.
2. Restoration and Mitigation Project Requirements.
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 the City and as -built
plans have been submitted.
b. Monitoring reports shall be submitted annually for City review up until the end of the monitoring
period. Reports shall measure survival rates against project goals and present contingency plans to
meet project goals.
c. Mitigation will be complete after project goals have been met and accepted by the City of Tukwila's
Urban
Environmentalist.
d. A performance bond or financial security equal to 150% of the cost of labor and materials required
for implementation ofthe planting,maintenance and monitoring shall be submitted prior to City
acceptance of project.
• TMC 18.45.195 Violations
A. VIOLATIONS.
Failure to comply with any requirement of this chapter shall be deemed a violation subject to
enforcement pursuant to this chapter and TMC Chapter 8.45. The following actions shall be
considered a violation ofthis chapter:
1. To use, construct or demolish a structure or to conduct clearing, earth -moving, construction or
other development not authorized under a Special Permission, Reasonable Use or other permit where
such permit is required by this chapter.
C. REMEDIAL MEASURES REQUIRED.
CITY OF TUKWILA CODE ENFORCEMENT • 6300 SOUTHCENTER BLVD, SUITE 100, TUKWILA, WA 98188 • (206)431-3671
Instrument Number30330713000033 Document:C Rec: S214.50 Page -7 of 12
Record DuNo:7/12/2#23N:2#AMKing County, WA
In addition to penalties assessed, the Director shall require any person conducting work in violation of
this chapter to mitigate the impacts of unauthorized work by carrying out remedial measures.
1. Any iliegal removal of required trees shall be subject to obtaining a Tree Permit and replacement
with trees that meet or exceed the functional value of the removed trees.
2. To replace the tree canopy Iostdue to the tree removal, additional trees must be planted on-site.
Payment shall be made into the City's Tree Fund if the number of replacement trees cannot be
accommodated on-site. The number of replacement trees required will be based on the size of the
tree(s) removed.
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 use, construct, locate, demolish or cause to be usedconstructed,
located, or demolished, any structure, land, or property within the City in any manner that is not
permitted by the terms of any permit or authorization issued pursuant to the applicable provisions of
the Tukwila Municipal Code.
Observed Conditions:
Research:
On Monday, May 3, 2023 at 5:47 pm, | observed a large excavator on the
subject property clearing brush, removing trees, and recontouring the land
within the established buffer and on Southgate Creek. There are two
branches of the creek in this Iocation and the excavator had to cross one or
both of them to continue the clearing and grading activities to the east. To
gain access to this area, the excavator had to travel down a twenty (20) to
thirty (30) foot steep slope, which placed the excavator at the confluence of
the two branches of the creek. This is the only way in and out of this area.
This steep siope has been cleared of all vegetation too.
The creek has been altered due to the clearing and excavation activities and
due to the excavator traveling through the creek. Significant amount of bare
soll, including on the steep siope, has been created in this area. The
vegetation was removed by the roots and the trees have been pushed over or
pulled out ofthe soil.
Reviewing the City's Permit Tracking system, 1 did not find any applied for or
issued permits for the clearing and grading activities within the Southgate
Creek stream and its buffers.
Reviewing Tukwila iMap, Environmentally Critical Areas, Watercourse Stream
and Watercourse Stream Buffer layers, shows the subject property is
encumbered by twa branches of Southgate Creek and their buffers. Both
branches have a 50 foot buffer. The buffer for the north branch comes very
close to the back of the house.
Located in the southeast corner of the subject property is another branch of
Southgate Creek that traverses either close to or onto the subject property.
CITY OF TUKWILA CODE ENFORCEMENT • 6300 SOUTHCENTER BLVD, SUITE 100, TUKWILA, WA 98188 • (206)431-3671
Instrument Number30330713000033 Document:C Rec: 8314.50Pugu'8of13
Record DuNo:7/12/2#23N:2#AMKing County, WA
The buffer for this branch encumbers the subject property too. The buffer for
this branch is 80 feet. A portion ofthis buffer overlaps the first buffer.
See Exhibit A for the Environmentally Critical Areas map.
Corrective Action: See below
1. IMMEDIATELY STOP ALVEGETATION CLEARING, GRADING, AND DEBRIS REMOVAL IN THE
SOUTHGATE CREEK AND ITS BUFFER AREA.
The Buffer for Southgate Creek is located very close to the back of the house (sliding glass
doors) and continues east to the east property line. DO NOT REMOVE ANY VEGETATION,
SOIL, OR DEBRIS WITHIN THE BUFFER until all required permits have been reviewed,
approved, and issued.
(See Exhibit A for a map depicting the Creek and its Buffer)
2. Obtain an approved set of plans for Erosion and Sediment Control Measures in accordance
with the 2021 King County Surface Water Design Manual. Submit a complete set of plans to
the City, Attn: Jim Toole by August 1, 2023. These plans must be created by a licensed in the
state of Washington Geotechnical Engineer.
Once the plans have been reviewedapproved, and issued, ALL Erosion and Sediment Control
Measures must be installed, inspected, and approved by City staif by September 18, 2023.*
Once the installation has been inspected and approved, these measures must be maintained
in accordance with the 2021 King County Surface Water Design Manual for the life of the
project.
Submission of plans for Erosion and Sediment Control Measures must be submitted to the City
under Development Permit D23-0182 as a Revision.
*IfaII Erosion and Sediment Control Measures have not been installed, inspected, and
approved by September 18, 2023, the City may hire a qualified contractor to install these
measures. The property will be Iiened for the cost of this work.
3. Obtain a Grading Permit by September 1, 2023.. To apply for a grading permit, you must
submit a complete application for a grading permit, plans, soils report, and any other required
documents. Thee plans must be created by a licensed in the state of Washington Geotechnical
Engineer. The plans must also be created utilizing Auto CAD or equivalent.
The Grading Permit application must be submitted to the City under Development Permit
D23-0182 as a Revision.
See Exhibit C for the list of requirements for the Site Plan for these plans.
4. Obtain a Type 2 Special Permit by September 1, 2023. To apply for a Type 2 Special Permit,
you must submit a complete application, plans, reports, and any other required documents.
CITY OF TUKWILA CODE ENFORCEMENT • 6300 SOUTHCENTER BLVD, SUITE 100, TUKWILA, WA 98188 • (206)431-3671
Instrument Number30330713000033 Document:C Rec: S214.50 Page -9 of 12
Record DuNo:7/12/2#23N:2#AMKing County, WA
This application must be created by a licensed in the state of Washington hydrologist, fisheries
biologist, engineer, or other scientist with experience in preparing watercourse assessments.
The Type 2 Special Permit application must be submitted to the City under Development
Permit D23-0182 as a Revision.
NOTE: The western edge ofthe buffer must be clearly identified and staked.
S. Obtain a Hydraulic Pject Approval (HPA) permit from Washington Department of Fish &
Wildlife. Submit a complete application for HPA and any other required documents by
September 1, 2023. This application must be created by a licensed in the state of Washington
hydrologist, fisheries biologist, engineer, or other scientist with experience in preparing
watercourse assessments.
Hydraulic Project Approval must be submitted to the City and the Washington Department of
Fish & Wildlife for their review. https://wdfw.wa.gov/licenses/environmental/hpa
NOTE: To ensure the viability and Iongterm health ofvegetation planted,plantings will only be
allowed between October 1 and December 31.
Compliance Date: See Compliance Dates above.
Violation # 2 BUSINESS LICENSE REQ
Code Reference: TMC 5.04.015 Business License Required
A. No person or persons shall conduct, maintain, operateor engage in any
business within the City without first applying for and obtaining a business
license, or renewing an existing license, and paying the fee(s) as prescribed
herein, unless exempted in this chapter. All businesses operating or engaging
in business within the City are required to submit a business Iicense
application or renewal, as appropriate, unless exempted in this chapter.
B. This license shall be in addition to any other licenses or permits required by
any other section of this code or by State or Federal laws.
C. Business licenses are nontransferable and a separate business license shall
be obtained for each location at which a business operates. Licenses shall be
displayed at each business Iocation 50 as to be viewable by the public.
TMC 5.04.020 Applications and fees required
A. Application Required. Any person desiring to establish or conduct any
business enterprise or undertaking within the corporate limits of the City shall
first file a master application through the Washington State Department of
Licensing Master License Service in coordination with the City of Tukwila
FinanceDeparimenifora|icenseioconductsuchbusiness.—
Instrument Number: 20230712000022 Document:C Rec: S214.50 Page -10 of 12
Record Date:7/12/2023 8:20 AM King County, WA
Research:
Corrective Action:
Reviewing the Department of Revenue Washington State, I did not find an
endorsement for the City of Tukwila for 13242 40th Avenue South Tukwila,
LLC.
Obtain a business license endorsement for the City of Tukwila. To apply for a
business license endorsement, please visit htts://bIlsAorwa,govi. Once
approved, the city license will show as an endorsement on your State
Business License. You will need to set up a SAW (Secure Access Washington)
account in order to apply for a State and City of Tukwila business license.
Compliance Date: August 1, 2023
NOTE: Permit applications are now only being accepted electronically.
The City's Permit Center website is https://www.tukwilawa.gov/departments/permit-center/
Phone: (206) 431-3670 Email: Permits@TukwilaWA.gov
Office Location : 6300 Southcenter Blvd., #100, 98188
Phone, email, and virtual appointment assistance hours:
+ Monday — Friday, 8:30 am — 4:00 pm.
In-person assistance hours:
Mondays, Wednesdays and Thursdays 8:30 am — 4:00 pm.
This is a notice that your property is in violation of the Tukwila Municipal Code. You must complete
the corrective action noted above by the compliance date indicated.
Code Enforcement Officer: Jim Toole
Telephone: 206-432-3676
Email: jim.toole@tukwilawa.gov
cc:
Heidi Watters, Urban Environmentalist, Department of Community Development
Eric Pritchard, Project Inspector, Department of Community Development
Breyden Jager, Associate Planner, Department of Community Development
Rachelle Sagen, Permit Supervisor, Department of Community Development
Jerry Hight, Building Official, Department of Community Development
Nora Gierloff, Director of Community Development, Department of Community
Development
CITY OF TUKWILA CODE ENFORCEMENT • 6300 SOUTHCENTER BLVD, SUITE 100, TUKWILA, WA 98188 • (206)431-3671
Instrument Number: 20230712000022 Document:C Roo: 8214.50Pago11 of 12
Record Date:7/12/2023 8:20 AM King County, WA
AAA Septic & Plumbing
3222D11GthAve SE
Auburn, WA 98092
NOTE:
TMC 5.04.015 Business License Required
A. No person or persons shall conduct, maintain, operate, or engage in any business
within the City without first applying for and obtaining a business license, or renewing
an existing license, and paying the fee(s) as prescribed herein, unless exempted in this
chapter. All businesses operating or engaging in business within the City are required
to submit a business license application or renewal, as appropriate, unless exempted in
this chapter.
CITY OF TUKWILA CODE ENFORCEMENT • 6300 SOUTHCENTER BLVD, SUITE 100, TUKWILA, WA 98188 • (206)431-3671
Instrument Number: 20230712000022 Document:C Rec: S214.50 Page -12 of 12
Record Date:7/12/2023 8:20 AM King County, WA
City of Tukwila
Code Enforcement
NOTICE OF VIOLATION AND ORDER-Tmc§ 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 following:
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