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Home My WebLink AboutCOW 2024-02-12 Item 4C.2 - Update - Code EnforcementCOUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayor's review Council review 2/12/24 NG ITEM INFORMATION ITEM No. 4.C. (2) STAFF SPONSOR: NORA GIERLOFF ORIGINAL AGENDA DATE: 2/12/24 AGENDA ITEM TITLE Code Enforcement Update CATEGORY ® Discussion Mtg Date 2/12/24 ❑ Motion Mtg Date ❑ Resolution Mtg Date ❑ Ordinance Mfg Date ❑ Bid Award Aitg Date ❑ Public Hearing Mtg Date ❑ Other !Wig Date SPONSOR ❑ Council ❑ Mayor ❑ Admin Svcs ® DCD Finance ❑ Fire ❑ P&R ❑ Police ❑ PW SPONSOR'S SUMMARY The Tukwila Code Enforcement team works to support a safe, inviting, and healthy environment for residents, businesses, and visitors by enforcing the parts of the Tukwila Municipal Code that relate to conditions on private property. These include rubbish and garbage, parking on grass, unpermitted remodeling and additions to residential homes, filling and grading, tree removals, clearing, and disturbance of Environmentally Critical Areas. REVIEWED BY ❑ Trans&Infrastructure Svcs ❑ Community Svcs/Safety ❑ Finance & Governance ❑ Planning & Community Dev. ❑ LTAC DATE: ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. COMMITTEE CHAIR: RECOMMENDATIONS: SPONsoR/ADMIN. Department of Community Development COMMITTEE None, direct to Committee of the Whole COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 2/12/24 MTG. DATE ATTACHMENTS 2/12/24 Informational Memorandum dated 2/12/24 Power Point Presentation 75 76 City of Tukwila Thomas McLeod, Mayor INFORMATIONAL MEMORANDUM TO: City Council FROM: Nora Gierloff, DCD Director BY: Jim Toole & Wally Snover, Code Enforcement Officers CC: Mayor Thomas McLeod DATE: February 12, 2024 SUBJECT: Code Enforcement Update ISSUE Provide a periodic update on Tukwila's Code Enforcement program and the serious nature of the life safety and environmental issues the Officers address. BACKGROUND The Code Enforcement team consists of two general Code Enforcement officers, one Rental Housing focused officer, and one Rental Housing Admin who also is lead on public records requests for DCD. Historically Officers have addressed a wide range of complaints including rubbish and garbage, parking on grass, contractor's storage yards, unpermitted remodeling and additions to residential homes, filling and grading, tree removals, clearing, and disturbance of Environmentally Critical Areas. Over the last 5 years there has been an increase in the scale and seriousness of violations in the City including life safety issues like constructing an addition onto a house without permits or destabilizing a steep slope through unpermitted grading. Code Enforcement Officers approach each case individually, but they rely on their knowledge of the City, past cases, and City Codes such as TMC 8.45 to determine reasonable timelines and effective solutions for the property owner to achieve compliance. Unfortunately, there are cases where the violation is so severe or the fix so expensive that the property owner may be unwilling or unable to bring their property into compliance in a timely manner. TUKWILA Department of Community Development CODE ENFORCEMENT- FLOWCHART CITY OF TUKWILA www.Tubwilo W A.oc, CASE OPENED Inspection Inspection 1111,* hbhccal . M1ssesrrot.1 . Inspection Requosl for 00mp6oncc Compliance 77 INFORMATIONAL MEMO Page 2 DISCUSSION While Tukwila generally takes a reactive, complaint -based approach to code enforcement we will actively pursue cases when we see potentially serious violations of construction, environmental, and livestock codes. Code enforcement cases become significantly more difficult to resolve when they require consultants like geotechnical engineers, wetland biologists, or structural engineers to design solutions to bring the property into compliance. A contractor who clears and grades or fills a site without permits or without following Geotechnical recommendations can quickly create a situation that can take many tens of thousands of dollars and years of work to bring into compliance. Code Enforcement Cases by Year Year Opened Closed 2020 148 125 2021 153 117 2022 208 155 2023 273 194 TOTALS 782 591 Code Enforcement Top 10 Types of Cases by Year 2020 2021 2022 2023 Bldg Permit Req 40 Rental License and/or Inspection Req. 42 Bldg Permit Req 44 Prohibited Signage 49 Garbage/Rubbish 24 Bldg Permit Req 35 Overgrowth 36 Garbage/Rubbish 44 Overgrowth 21 Garbage/Rubbish 20 Rental License and/or Inspection Req. 33 Overgrowth 31 Parking (Not in the R.O.W.) 8 Grading Permit Req. 13 Garbage/Rubbish 21 Bldg Permit Reg. 30 Prohibited Signage 7 Overgrowth 8 Parking (Not in the R.O.W.) 13 Rental License and/or Inspection Req. 29 Tree Permit Req 6 Contractor Storage Yard 6 Graffiti 12 Parking (Not in the R.O.W.) 13 Rental License and/or Inspection Req. 5 Graffiti 4 Grading Permit Req. 9 Tree Permit Req. 10 Junk Vehicle 5 Tree Permit Req 3 ROW Use Permit 6 Graffiti 9 Public Works Permit Req 4 Env Critical Areas 3 Erosion Control Req 6 Env Critical Areas 8 Sign Permit Req 4 Junk Vehicle 3 Unsecured Structure/Premises 5 Livestock 6 TOTALS 124 137 185 229 Some examples of resolved cases are: 78 https://tukwilawa.sharepoint.com/sites/mayorsoffice/cc/Council Agenda ltems/DCD/2-12-24 COW CE Update.docx INFORMATIONAL MEMO Page 3 • Vintage Housing Holdings, LLC (VHH), 107xx 47th Ave S: On March 2023, VHH purchased this property for a senior housing development and inherited a tremendous amount of rubbish, garbage, construction debris, automotive parts / tires, and unpermitted structures. They quickly took action to remove all the debris, remove the overgrowth, and install security fencing around the entire property. Since this property was brought into compliance, it has remained in compliance to this date. April 2023 Current Condition • 102xx E Marginal Way S: Complaints from local businesses regarding overgrowth at the intersection of S 104th St and S 102nd St creating a dangerous "line of sight" condition. Within one mile of this intersection are the new Amazon Distribution Center, USPS Distribution Center, and Boeing, all significant traffic generators. The property owner was contacted, and they had a crew remove not only the overgrowth at the corner, but throughout the property. https://tukwilawa.sharepoint.com/sites/mayorsoffice/cc/Council Agenda Items/DCD/2-12-24 COW CE Update.docx 79 INFORMATIONAL MEMO Page 4 • On August 22, 2023, we received a complaint from the Police Department about four RVs and several junk vehicles impeding semi -truck access onto Midland Drive from Andover Park West. This was causing verbal confrontations between truckers and the RV occupants. TPD could not remove the RVs because Midland Drive is a private road on its own parcel. Further investigation discovered that the parcel was owned by an LLC with the address of a small shed on a dirt road in Wyoming. It took quite some time to find the owner of the property and advise him of the need to have the vehicles removed. We finally met the owner on site in November so he could see the situation firsthand. It is difficult to find tow truck companies that will impound RVs because it is not profitable for them. However, a TPD traffic officer was able to put the owner in contact with a tow company that would work with him. The vehicles were all marked with 24 hour impound notice stickers and the RV occupants advised that they needed to leave or be trespassed. After allowing some extra time for the occupants to get the vehicles running a total of two RVs, two junk vehicles and a semi -trailer were towed away. It cost the property owner $5000 each to remove the RVs. In the end all vehicles that were in violation had been removed along with the garbage that was left behind. ONGOING CASES • 13242 40th Ave S: On July 3, 2023, the City was contacted regarding active clearing in the Southgate Creek Environmentally Critical Area. Code Enforcement and the Urban Environmentalist arrived on site to discover active clearing, excavating, and grading occurring on and around both branches of the salmon bearing Southgate Creek without a permit. The contractor explained that they were installing a side sewer along the back property line because the septic system had failed. The work was immediately stopped, and the excavator was removed from the property. Since July 3, 2023, the City, WA State Fish and Wildlife, the property owner, and their Biologist have worked collaboratively to install temporary erosion and sediment control measures (TESC) and work on obtaining required permits. Remediation of the damage to the Creek, three to five years of monitoring, and a performance bond are required. The owner has maintained the TESC measures and is required to monitor upstream from the property to confirm there is no flooding caused by this unpermitted work. 80 https://tukwilawa.sharepoint.com/sites/mayorsoffice/cc/Council Agenda Items/DCD/2-12-24 COW CE Update.docx INFORMATIONAL MEMO Page 5 During Grading Environmentally Critical Areas Map Red rectangle is the area of unpermitted work. After erosion control measures were installed We have also seen a rise in unpermitted and non -code compliant building construction. Some of these are flippers, hoping to make a quick sale before the construction is discovered. This can create unsafe conditions that are expensive for the new owners to correct. We have had some success reaching out to real estate agents to inform them about houses that have been remodeled or converted without approvals when we discover them in time. Other times it's the owners themselves who have expanded their houses or created an Airbnb for additional income. https://tukwilawa.sharepoint.com/sites/mayorsoffice/cc/Council Agenda Items/DCD/2-12-24 COW CE Update.docx 81 INFORMATIONAL MEMO Page 6 82 The picture to the left shows an open space / cutout and stairs to the back deck. The picture above shows an unpermitted addition without a foundation that was constructed in that area. Tree removal without permits on residential property has been an ongoing issue. Neighbors, delivery drivers, and dog walkers do reach out to the City when they see trees being removed. Since Tukwila Works has been reactivated, we have received complaints from overgrowth to garbage and rubbish. Tukwila Works This is an efficient web or app-based tool based on the SeeClickFix platform used for reporting non -emergency concerns to the City in various categories such as potholes, graffiti, animals, garbage, overgrowth, speeding, discharging sewage into the storm drain, or illegally parked cars. This information is received by a designated City staff member who then forwards the complaint to the appropriate department. If the complaint is regarding trees being cut down or environmental issues, code enforcement will respond quickly to minimize the violations. Complaints can be anonymous, photographs can be attached to the complaint, and an interactive map allows the complainant to pinpoint where the violation is / has occurred. Users can view the status of complaints online and see a map or list of current reported issues. https://www.tukwilawa.gov/residents/enqaqe/tukwila-works/ FINANCIAL IMPACT While the majority of code enforcement cases are resolved by the property owner there are cases where the City intervenes due to life safety issues for the public or significant environmental impacts. Code Enforcement has in the past resolved violations on private property through abatement, but due to financial limitations abatements are difficult to perform. Code Enforcement has an abatement fund of $17,000 yearly that we have used in targeted situations to board up a nuisance property, install erosion control, or in rare cases demolish a dangerous structure. It can cost $5,000 to board up a single -story house and up to $10,000 for a two-story. It can cost up to $75,000 to demolish a house including removal of the foundation and capping of utilities. Erosion and sediment control measures can cost as little as $1,500 or up to $10,000 depending on the size and location of the property. Even getting the legal right to go onto the property to make the corrections can involve significant legal costs. The City records a lien on the property to eventually recover our expenses but are generally not paid until the property changes hands. RECOMMENDATION Information and discussion only. https://tukwilawa.sharepoint.com/sites/mayorsoffice/cc/Council Agenda Items/DCD/2-12-24 COW CE Update.docx City of Tukwila Department of Community Development Code Enforcement Department Case Presentation What Code Enforcement Investigates. TUKWILA Department of Community Development CODE ENFORCEMENT- FLOWCHART CASE OPENED Notice of Violation & Order Inspection r Inspection r, Notice of Assessment Inspection Request for Compliance CITY OF TUKWILA www.TukrwilaWA.gov Compliance Grading and Filling without a Permit in an Environmentally Critical Area: Steep Slopes Violation: Excavation and Grading in unstable soils. The soils were then pushed to create a larger flat surface. In the process, created a large, steep slope acceptable to runoff, erosion, and slides. Before & After Unpermitted Excavation, Grading, & Fill in the Right -of -Way without a Right -of -Way Use permit. September 2016 August 2023 Before & After Unpermitted Excavation, Grading, & Fill (Continued) The property owner excavated this area to create a larger surface area to store their equipment and vehicles (contractor's storage yard). The soils generated by the excavation were graded throughout this area, which created areas with deep fill. The zoning for this site is Single Family (LDR). Grading and Filling without a Permit in an Environmentally Critical Area: Two branches of Southgate Creek. The property owner's intention was to connect their side sewer to the 8" sanitary sewer located along their back property. (J w, LiT11.E P6S, mriYa L GOvoW T B 1- OU R HOu%E PouWN ►. Our r GHEGKEA WITH GITL MU- ANP F0142 OUT 'ou 6us pIQN'T RPP►_) eoR A ROMAN& PERmh1„, CO co