HomeMy WebLinkAbout2023 - Notice of Violation and Order - Nikolas Lowell Knutson-Bradac - 20231220000012Instrument Number: 20231220000012 Docun'ontzNRocz$213.50 Pugo1of11
XXuoordDutud2/2#/2#23 8:22 AM
Electronically Recorded King County, WA
Return Address:
@yofTukwila—@yClerk
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 2.
3. 4.
Reference Number(s) of Documents assigned or released:
A66itinna|reference#'onnpagenf6ncument
Grantor(s) Exactly as name(s) appear on document
1. City of Tukwila
2. '
AdJitiona|namesonpageof6ocumen1.
Grantee(s) Exactly as name(s) appear on document
1. Nikolas Lowell Knutson-Bradac
2. '
Ad6itiona|namesonpageof6ocument.
Legal description (abbreviated: i.e. lot, block, plat or section, township, range)
BENNETTS INTERURBAN TRS UNREC
PLa1B|ock: Plat Lot: ]9
Ad6itinna||ega|isnnpagenf6ncument.
Assessor's Property Tax Parcel/Account Number Assessor Tax # not yet assigned.
0733000205
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: 20231220000012 Document:N Rec: 8213.50Pago2of11
Record |Nuto:12/20/20230:22AM King County, WA
City of Tukwila
Code Enforcement
NOTICE OF VIOLATION AND ORDER
January 19, 2023
Person(s) / Business Responsible:
Nikolas Lowell Knutson-Bradac
Nikolas Lowell Knutson-Bradac
3818S115th5t
Tukwila, WA 98168
Violations
Violation # 1*
Code Reference:
File #:
Violation Location:
Parcel #:
CE22-0177
(Replaces CE16-0415)
3818 S 116th St
0733000205
Environmentally Sensitive Areas: Shoreline Residential
Shoreline Residential —
Outside Buffer
See Exhibit A for details.
SINGLE-FAMILY RESIDENTIAL REMODEL AND ADDITION PERMIT REQUIRED FOR THE
COMPLETE REMODEL OF THE HOUSE.
IBC [A] 105.1 Required. Any owner or owner's authorized agent who intends to
construct, enlargealter, repair, movedemolish or change the occupancy of a
building or structure, or to erect, install, enlarge, alter, repair, remove, convert
or replace any electrical, gas, mechanical or plumbing system, the installation
of which is regulated by this code, or to cause any such work to be performed,
shall first make application to the building official and obtain the required
permit.
IBC [A] 110.1 General. Construction or work for which a permit is required shall
be subject to inspection by the building official and such construction or work
shall remain visible and able to be accessed for inspection purposes until
approved. Approval as a result of an inspection shall not be construed to be an
approval of a violation of the provisions of this code or of other ordinances of
the jurisdiction. Inspections presuming to give authority to violate or cancel the
provisions of this code or of other ordinances of the jurisdiction shall not be
valid. It shall be the duty of the owner or the owner's authorized agent to
cause the work to remain visible and able to be accessed for inspection
FORCEMENT 6300 SOUTHCENT ER. BLVD., SUITE 100, TUKWILA., WA 98188 * ,(206)431-36"71
Instrument Number: 20231220000012 Document:N Rec: 8213.50Pago'3of11
Record |Nuto:12/20/20230:22AM King County, WA
purposes. Neither the building official nor the jurisdiction shall be liable for
expense entailed in the removal or replacement of any material required to
allow inspection.
IBC [A] 110.5 Inspection requests. It shall be the duty of the holder ofthe
building permit or their duly authorized agent to notify the building official
when work is ready for inspection. It shall be the duty of the permit holder to
provide access to and means for inspections of such work that are required by
this code.
Observed Conditions: On January 17, 2023 1 observed the house, Iocated on the subject property,
from South 116th Street. 1 compared the house to a photograph taken by
another code enforcement officer, dated February 10, 2017, and it appeared
that two overhangs located on the front side have since been removed.
Research:
| also observed the house from South 115th Street. | compared the house to a
photograph taken by another code enforcement officer, dated February 10,
2017 and the French door and two windows appear to be the same.
1 reviewed the City's PermitTracking Software, the City's Code Enforcement
Records, and the King County Recorder's Office records. Based on my review of
these records, | discovered the foliowing property history:
On November 24, 2015, the property was sold to Ms. Vivian Nguyen
On February 13, 2018, the City issued Ms. Nguyen a Notice of Violation and
Order, under Code Enforcement Case # CE16-0415, for the following violations
on the property:
�
Violation # 1: WORK IN ENVIRONMENTALLY SENSITIVE AREAS WITHIN
THE SHORELINE JURISDICTION
• Violation # 2: TREE REMOVAL IN SENSITIVE AREA BUFFER AND
WITHOUT APERM |T
• Violation # 3: BUILDING PERMIT REQUIRED
Ms. Nguyen failed to timely comply with the Notice of Violation and Order, so
on September 7, 2018, the City issued Ms. Nguyen a Notice of Assessment in the
amount of $11,250.00. Eleven days later, the violations had still not been
abated, so the City issued Ms. Nguyen a second Notice of Assessment in the
amount of $22,500.00. (According to the City's Permit Tracking System,
$11,250.00 was paid towards the $22,500.00 Notice of Assessment on
September 7, 2018. However, the remaining $11,250.00 balance has yet to be
paid to the City.) According to the King County Recorder's Office records for this
property, both Notice of Assessments and the Notice of Violation and Order
were recorded on August 8, 2019, Instrument #20190808000085.
On November 20, 2018Ms. Nguyen then sold the property to current -owner
Nikolas Lowell Knutson-Bradac.
Instrument Number: 20231220000012 Document:N Rec: 8213.50 Page -4 of 11
Record Date:12/20/2023 8:22 AM King County, WA
On November 30, 2018, a letter was then issued to Nikolas Lowell Knutson-
Bradac from Code Enforcement Office Lauri Dunning, which stated in part
"...there are is a pending permit application that will require your immediate
attention: development permit D18-0352 ..."
"...development permit is pending approval and requires corrections
"...approved Shoreline Tree Removal permit L18-0023 was completed
recently, so you will not be required to do anything further in regards
to the tree planting mitigation, as noted in the Notice of Violation and
Order. You are, however, required to maintain the six new sapling
trees recently planted behind the house in order to remain
compliant..."
On February 27, 2019, the City issued Mr. Knutson-Bradac building permit D18-
0352 for the installation of two (2) doors and five (5) windows. However, no
inspections were performed on the work, and the permit expired on August 26,
2019.
On August 27, 2019, a Request for Compliance was issued to Nicholas Lowell
Knutson-Bradac for no building permit, which required Mr. Knutson-Bradac to
apply for and obtain new building permit for construction related to the
installation of new windows and doors.
No other City building permits were issued for the property during this time
period.
I also reviewed King County Assessor's Office Localscape / Analytics: 2015 -
2021, Google Street View: 2014 - 2022, previous Code Enforcement Officer's
photographs from 2016 — 2017, and the 2018 Redfin Real Estate listing for the
house. Based on my review, I was able to assess the house was extensively
renovated sometime around 2016-2017. This includes but not limited to work
on windows (removal of older windows and reducing / enlarging the size of the
opening for new windows and enclosing window openings), doors (front /
south door was moved from original location to a new location on the front of
the house, single back door is now a French door), roof alterations, siding,
removal/addition of interior walls, electrical, plumbing, mechanical, and an
addition of a large concrete patio on the back / north side of the house.
This conclusion is supported by records from the King County Assessor's office,
Parcel Data, Building, the floor plan, which show that, as of July 25, 2022, the
kitchen is currently located on the front / south side of the house and the living
room is located on the back / north side of the house. But, according to the
Redfin Real Estate listing from 2018, the kitchen was located on the back / north
side of the house and the living room is located on the front / south side of the
house. There were no pictures of any of the four (4) bedrooms in this listing.
CITY OF TUK"WILA Ct E ENFORCEMENT & 6300 SOUTRHCEN ER BLVD. SUITE
K NqG_.
06)431.-3671
Instrument Number: 20231220000012 Document:N Rec: 8213.50Pago'5of11
Record |Nuto:12/20/20230:22AM King County, WA
Corrective Action:
Compliance Date:
See Exhibit B
1. Obtain a Single -Family Residential Remodel and Addition Permit from the
City ofTukwila. To apply for said Permit, new plans must be submitted due
to the extensive remodel of the exterior and interior of the home. Plans
must include, but not limited to the following:
a. Structural engineer reports and plans which include but not Iimited to all
floor joistsfloor deckingall exterior walis, rafters' structural members,
Iocations where exterior and/or interior walis have been removed, added,
or altered, Iocations where exterior windows / doors have been removed
or Iocations where new windows / doors have been installed.
b. Architectural plans which include but not limited to the existing floor plan
before the remodel and the floor plan after the remodel, site plan, framing
cross sections, elevation views.
Z. Obtain additional permits, required by the TMC, related to the Single -
Family Residential Remodel and Addition, which include but not limited to
Electrical, Plumbing & Gas, and Mechanical. For more information, please
contact the Department of Community Development Permit Center at 206-
431-3670 and ask to speak with a Building Plans Examiner regarding
additional permit requirements for the Single -Family Residential Remodel
and Addition.
3. Pay all applicable permit fees. Other additional fees will be required for
Electrical, Plumbing and Gas, Mechanical, and any other required perniit(s).
See Exhibit B for the "Single -Family Residential Remodel and Addition Permit"
permit checklist.
Compliance dcite to submit complete Single -Family Residential Remodel and
Addition Permit application, plans, caku&mtions, reports, and any other
required documents: April 3D,2Q23.
Instrument Number: 20231220000012 Document:N Rec: S213.50 Page -6 of 11
Record Date:12/20/2023 8:22 AM King County, WA
NOTE: Chapter 18.44, Shoreline Overlay, SHORELINE USE MATRIX (Figure 18-1), TMC 18.44.030
Principally Permitted Uses and Shoreline Use and Modification Matrix
...,
P . May be permitted subject to development standards.
Shore(ine Residential
C = May be permitted as a Shoreline Conditional Use.
X . Not Allowed in Shoreline Jurisdiction.
uffer
Non -
Buffer
RESDENTtAL —SNGLE FAMILY/MULTI-FAMILY
Dwelling
X (27)
P
Houseboats
X
X
1 iup,ilnarrk
,
IPatios and decks
P (29)
'
P
cignc flril
0
P
Shoreline Restoration
I
P
P
I
(29) Patios and decks are permitted within the shoreline buffer so long as they do not exceed 18 inches
in height and are limited to a maximum of 200 square feet and 50% of the width of the river frontage,
whichever is smaller. Decks or patios must be located landward of the top of the bank and be
constructed to be pervious and of environmentally -friendly materials. If a deck or patio will have an
environmental impact in the shoreline buffer, then commensurate mitigation shall be required.
Violation # 2 ENVIRONMENTALLY SENSITIVE AREAS: CONSTRUCTION OF CONCRETE STAIRS
DOWN TO THE RIVER
Code Reference:
TMC 18.44.030 Principally Permitted Uses and Shoreline Use and Modification Matrix
A. TMC Section 18.44.030A, including the Use Matrix (Figure 18-1), specifies the uses that are
permitted outright, permitted as a Conditional Use or prohibited altogether for each Shoreline
Environment....
SHORELINE USE MATRIX* (Figure 1841
P .=, May be permitted sub)ect to developmenttandards..
C -. May be permitted as a Shoreline ConClOtiOnifilUse,
X. Not Mowed in Shoreline ivrOdictiom
Shoreline 5esdntial
Jhes Conservancy
kilet
intensity
Ito tratici
Environment
Buffer
Non
Boller
Buffer
Noe
Roller
offer
Non,
Buffer
U SPECOMID
B. In the matrix, shoreline environments are listed at the top of each column and the specific uses are
listed along the left-hand side of each horizontal row. The cell at the intersection of a column and a row
indicates whether a use may be allowed in a specific shoreline environment and whether additional use
criteria apply. The matrix shall be interpreted as follows:
2. If the letter "C" appears in the box at the intersection of the column and the row, the use may be
allowed within the shoreline environment subject to the shoreline conditional use review and approval
procedures specified in TMC Section 18.44.110.E.
CITY OF 11.11KWIA COIPE ENFORCEMENT & 6300 SOUTHCEINITER BLVD, SUITE 100, TUKWILA., WA 9.818.8 * 206)431-3671
Instrument Number: 20231220000012 Document:N Rec: 8213.50 Page -7 of 11
Record Date:12/20/2023 8:22 AM King County, WA
TMC 18.44.050 Development Standards
H. Environmental Impact Mitigation.
1. All shoreline development and uses shall at a minimum occur in a manner that results in no net loss
of shoreline ecological functions through the careful location and design of all allowed development
and uses. In cases where impacts to shoreline ecological functions from allowed development and uses
are unavoidable, those impacts shall be mitigated according to the provisions of this section; in that
event, the "no net loss" standard is met.
2. To the extent Washington's State Environmental Policy Act of 1971 (SEPA), chapter 43.21C RCW, is
applicable, the analysis of environmental impacts from proposed shoreline uses or developments shall
be conducted consistent with the rules implementing SEPA (TMC Chapter 21.04 and WAC 197-11).
3. For all development, mitigation sequencing shall be applied in the following order of priority:
a. Avoiding the impact altogether by not taking a certain action or parts of an action.
b. Minimizing impacts by limiting the degree or magnitude of the action and its implementation by
using appropriate technology or by taking affirmative steps to avoid or reduce impacts.
c. Rectifying the impact by repairing, rehabilitating, or restoring the affected environment.
d. Reducing or eliminating the impact over time by preservation and maintenance operations.
e. Compensating for the impact by replacing, enhancing, or providing substitute resources or
environments.
f. Monitoring the impact and the compensation projects and taking appropriate corrective measures.
4. In determining appropriate mitigation measures applicable to shoreline development, lower priority
measures shall be applied only where higher priority measures are determined by the City to be
infeasible or inapplicable.
5. When mitigation measures are appropriate pursuant to the priority of mitigation sequencing above,
preferential consideration shall be given to measures that replace the impacted functions directly and
in the immediate vicinity of the impact.
TMC 18.44.130 Enforcement and Penalties
E. Remedial Measures Required. In addition to penalties provided in TMC Chapter 8.45, the Director
may require any person conducting work in violation of this chapter to mitigate the impacts of
unauthorized work by carrying out remedial measures.
1. Remedial measures must conform to the policies and guidelines of this chapter and the Shoreline
Management Act.
2. The cost of any remedial measures necessary to correct violation(s) of this chapter shall be borne by
the property owner and/or applicant.
TMC 16.04.050 Building, Moving and Demolition Permits
A. No person shall move any existing building or structure within or into the City without first obtaining
a relocation permit and a building permit from the Building Division. No person shall effect any
demolition of any building or structure or any part thereof that is not exempted by Section 105.2 of
the International Building Code without first obtaining a demolition permit from the Building
Division.
CITY OF TUKWILA Ct E ENFORCEMENT & 6300 SOUTRHCIEN ER BLVD. SUITE
K NtlG_.
06)431.-3671
Instrument Number: 20231220000012 Document:N Rec: S213.50 Page -8 of 11
Record |Nuto:12/20/20230:22AM King County, WA
Observed Conditions: OnJanuary 17,2023,|observed concrete steps from S11SihSt. The steps Iead
from the house down to the Duwamish River.
Research:
Reviewing Tukw|a iMap, Environmentally Sensitive Areas layer, the subject
property is encumbered by a Shoreline Residential — Inside Buffer and
Shoreline Residential — Outside Buffer. This map indicates the Shoreline
Residential — Inside Buffer encumbers the entire backyard (river side) and half
of the house. This map also indicates the Shoreline Residential — Outside
Buffer encumbers a majority of the front yard (S 116th St).
| reviewed Google Street View pictures of the subject property, dated August
2014 and August 2016. It appeared that sometime between 2014 and 2016,
the concrete steps were constructed.
See Exhibit A for map and Exhibit C for photographs of the concrete stairs and
checklist for the Conditional Use Permit and Building Demolition Permit.
Corrective Action: 1. Obtain a Conditional Use Permit from the City for the concrete steps, or
Compliance date to submit complete Conditional Use Permit application,
plans, cakulatioms,reports, and any other required documents:
April 30, 2023
2. Remove the concrete steps. To remove the steps, you must:
a) Obtain a Building Demolition Permit from the City of Tukwila for the
removal of the concrete stairs. To apply for said Permit, plans must be
submitted due to the Iocation of the concrete stairs. The plans must be
created by a firm that specializes in the removal of structures and
mitigation of critical areas.
Complicince dcite to submit complete Building Demolition Permit
application, plans, calculations, reports, and any other required
documents: April 30, 2023.
b) After obtaining the Building Demolition Permit, remove the concrete stairs
in accordance with the conditions of the Permit. However, the removal of
the stairs cannot be performed except during July 1, 2023 and August 31,
2023 due to the close proximity of the Duwamish River. Since this work is
Iocated in the Shoreline Buffer, NO mechanical equipment (i.e., backhoe,
excavator) can be used. Ajack hammer is the only mechanical tool allowed
within this buffer. If any demolition debris falls into the river, this debris
must be removed immediately.
Instrument Number: 20231220000012 Document:N Rec: 8213.50Pago'9of11
Record |Nuto:12/20/20230:22AM King County, WA
c) After the stairs have been removedthen install mitigation / planting,
which must be performed during October 1, 2023 and December 31, 2023
to allow the plants an opportunity to survive.
See Exhibit C for the "Conditional Use Unclassified Use" permit checklist and
"Building Demolition" permit checklist.
Compliance Date: Either final aConditional Use Permit mra Bui!ding Demolition Permit and the
Mitigation Plan by December 31, 2023
NOTE: Permit applications are now being accepted electronically.
See https://xvxvxv.tukwi|owo.eav/xvp-cnntent/up|no6s/DCD-Pennits-Lngin-tn-Jn|ine-Pnrto|.p6f for
further details on how to submit the above applications.
The city's perm it center website is hiips://xvwxv1ukwi|axva.gov/deparimenis/permii'cenier/
This is a notice that your property is in violation of the Tukwila Municipal Code. You must complete the
Instrument Number: 20231220000012 Document:N Rec: 8213.50Pago10of11
Record |Nuto:12/20/20230:22AM King County, WA
Respectfully,
Code Enforcement Officer:
Jim Toole
Telephone: (206)431-3676
Email: jim.toole@tukwilawa.gov
*Violation #1:
SINGLE-FAMILY RESIDENTIAL REMODEL AND ADDITION PERMIT REQUIRED FOR THE COMPLETE
REMODEL OF THE HOUSE.
TMC 8.45 ENFORCEMENT
TMC 8.45.020 Violations
A. Failure to comply with any applicable civil provision of the Tukwila Municipal Code shall be enforced
through the procedures set forth in TMC Chapter 8.45. In the event of a conflict between this chapter
and any other provision of the Code, the more specific provision shall apply.
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:
1. It is unlawful for any person to initiate, maintain, or cause to be initiated or maintained, the use of
any structure, land or property within the City without first obtaining the permits or authorizations
required for the use by the applicable provisions of any of the Tukwila Municipal Code.
2. It is unlawful for any person to use, construct, 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 permitted by
the terms of any permit or authorization issued pursuant to the applicable provisions of the Tukwila
Municipal Code.
3. It is unlawful to remove or deface any sign, notice, complaint or order required by or posted in
accordance with TMC Chapter 8.45.
4. It is unlawful to misrepresent any material fact in any application, plans, or other information
submitted to obtain any building or construction authorization.
Instrument Number: 20231220000012 Document:N Rec: 8213.50 Page -11 of 11
Record Date:12/20/2023 8:22 AM King County, WA
City of Tukwila
Code Enforcement
NOTICE OF VIOLATION AND ORDER
Per 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.
a Y OF TUKWftA Cr: IF OR CEMENT & 6300 SOUTRHCIENTER BLVD. surrE
q<1Nq A_.
ti�6 ' 3671