HomeMy WebLinkAbout2024 - Notice of Violation and Order - Tien Q Le / Vui Thi Nguyen - 20241002000019Instrument Number: 20241002000019 Document:C Rec: 5313.50 Page -1 of 11
Record Date:10/2/2024 8:07 AM
Electronically Recorded King County, WA
Return Address:
City of Tukwila — City Clerk
6200 Seauthcenter 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 of Violation 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 of Tukwila
Additional names on page of document.
Grantee(s) Exactly as name(s) appear on document
1. Tien Q. Le and Vui Thi Nguyen
2.
Additional names on page of document.
Legal description (abbreviated: i.e. lot, block, plat or section, township, range)
All of vacated Block 1, Riverside Interurban Tracts Replat Tract 34 (vacated), according to the
plat thereof recorded in Volume 15, of Plats, Page(s) 49, in King County, Washington
Together with all of vacated South 125th Street adjoining.
Additional legal is on page of document.
Assessor's Property Tax Parcel/Account Number Assessor Tax # not yet assigned.
7340600540
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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
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Instrument Number: 20241002000019 Document:C Rec: $313.50 Page -2 of 11
Record Date:10/2/2024 8:07 AM King County, WA
City of Tukwila
Code Enforcement
NOTICE OF VIOLATION AND ORDER-TMC§8.45.070
October 2, 2024
Tien Q. Le and Vui Thi Nguyen
3850 S 126th St
Tukwila, WA 98168
Person(s) / Business Responsible:
Tien Q. Le and Vui Thi Nguyen
File #:
CE24-0010
Violation
3850 S 126th St
Location:
Parcel #:
7340600540
Legal Description (Abbreviated)
A Portion of the SE
A of the SW A, Section 10, T 23 N,
R4E,WM.
See Exhibit A for Full
Legal Description
100,188 sq. ft.
Lot Size:
2.30 acres
Zoning:
Low Density Residential — LDR
Single Family (Residential Use /
Current Use:
Zone)
Environmentally
Landslide Hazard Area
Critical Areas:
. Class 2 — Moderate
• Class 3 — High
See Exhibit 8
Sensitive Area and Hold
Harmless Agreement
See Exhibit C
Purchased:
Tien Q. Le and Vui Thi Nguyen purchased the
property on September 29, 2004
Instrument Number: 20241002000019 Document:C Rec: $313.50 Page -3 of 11
Record Date:10/2/2024 8:07 AM King County, WA
Violations
Violation # 1 UNPERMITTED VEGETATION REMOVAL IN ENVIRONMENTALLY CRITICAL
AREA (LANDSLIDE HAZARD / STEEP SLOPE)
Code Reference:
• 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.
b. Invasive vegetation (blackberry, ivy, laurel, etc.) may be removed from 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 licensed 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.
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:
a. A vegetation survey on a site plan that shows the diameter, species and location of all significant
trees and all existing native vegetation.
b. A site plan that shows trees and native vegetation to be retained and trees to be removed and
provides a table showing the number of significant trees to be removed and the number of
replacement trees required.
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Record Date:10/2/2024 8:07 AM King County, WA
c. Tree protection zones and other measures to protect any trees or native vegetation that are to be
retained for sites undergoing development or re -development.
d. Location of the OHWM, stream buffer, wetland, wetland buffer, steep slope or any other critical
areas with their buffers.
e. A landscape plan that shows diameter, species name, spacing and planting location for any required
replacement trees and other proposed vegetation.
f. An arborist evaluation justifying the removal of hazardous trees if required by DCD.
g. An application fee 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.
The requirement for a biologist may be waived by the Director for single family property owners when
the mitigation area
is less than 1,500 square feet.
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.
(For complete text, see 18.45.158 Vegetation Protection and Management, C. Vegetation Retention
and Replacement.)
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:
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 three 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
Instrument Number: 20241002000019 Document:C Rec: $313.50 Page -5 of 11
Record Date:10/2/2024 8:07 AM King County, WA
Environmentalist.
d. A performance bond or financial security equal to 150% of the cost of labor and materials
required for implementation of the planting, maintenance and monitoring shall be submitted prior
to City acceptance of project.
Observed Conditions: On January 22, 2024, and January 30, 2024, 1 observed on the subject
property, a large area of land located to the north / back of the single-family
residence has been cleared of all vegetation and trees.
Research: Reviewing the City's permit tracking system, I did not find a Type 2 Critical
Area Tree Removal and Vegetation Clearing Permit submitted, under review,
corrections required or issued.
Reviewing the City's permit tracking system, D24-0231 was submitted on
September 4, 2024 for "Grading permit and Tree permit". This permit is a
Type 1 decision.
Corrective Action:
IMMEDIATELY STOP all vegetation (trees, shrubs, understory, blackberries) clearing activities on
the property.
2. Obtain a Type 2 Critical Area Tree Removal and Vegetation Clearing Permit and a Type 2 Critical
Areas Special Permission Permit. To obtain these permits, you must submit the following:
a. A vegetation survey on a site plan that shows the diameter, species and location of all
significant trees and all existing native vegetation.
b. A site plan that shows trees and native vegetation to be retained and trees to be removed
and provides a table showing the number of significant trees to be removed and the number of
replacement trees required using TMC 18.45.195, Violations.
c. Tree protection zones and other measures to protect any trees or native vegetation that are
to be retained for sites undergoing development or re -development.
e. A landscape plan that shows diameter, species name, spacing and planting location for any
required replacement trees and other proposed vegetation.
f. An arborist evaluation justifying the removal of hazardous trees if required by DCD.
Submit complete applications for a Type 2 Critical Area Tree Removal and Vegetation Clearing
Permit and a Type 2 Critical Areas Special Permission Permit for the restoration of the
unpermitted grading, clearing, fill, and excavation. Planting and mitigation plans must be
prepared by an ISA certified arborist or a Qualified Tree Professional as defined in TMC
18.06.845(009).
These two permit applications may be submitted and reviewed concurrently.
Once the Type 2 Critical Area Tree Removal and Vegetation Clearing Permit and a Type 2 Critical
Areas Special Permission Permit is issued and before any work begins, a pre -construction
meeting must be held on site with the following City officials:
Heidi Waters @ Heidi.Watters@TukwilaWA.gov
Instrument Number: 20241002000019 Document:C Rec: $313.50 Page -6 of 11
Record Date:10/2/2024 8:07 AM King County, WA
Jim Toole @ lim.toole@tukwilawa.gov
3. The Type 2 Critical Areas Special Permission Permit must include a complete Mitigation Plan for
the restoration of the unpermitted grading, clearing, fill, and excavation. The Mitigation Plan
contents must include but are not limited to native trees and shrubs, native understory plants,
irrigation, and maintenance plan.
Once the Type 2 Critical Area Tree Removal and Vegetation Clearing Permit and a Type 2 Critical
Areas Special Permission Permit are issued and before any work begins, a pre -construction
meeting must be held on site with the following City officials:
Heidi Waters @ Heidi.Watters@TukwilaWA.gov
Jim Toole @ lim.toole@tukwilawa.gov
4. Once all of the restoration work is completed, inspected, and approved, the land must remain in
this condition for the life of the property.
Compliance Date to submit all applications, plans, reports, documents, and any other required
documents: November 4, 2024
If you have any questions regarding the Type 2 Critical Area Tree Removal and Vegetation Clearing
Permit or Type 2 Critical Areas Special Permission Permit, please contact either Max Baker or Breyden
Jager. You can reach them at (206) 431-3670 and ask to speak to one of them or you can submit you
question(s) at Plannine@TukwilaWA.eov On the email, the Subject would be "CE24-0010, D24-0231,
their name"
Violation # 2 GRADING PERMIT REQUIRED (TYPE 1 PERMIT)
CLEARING AND GRADING IN AN ENVIRONMENTALY CRITICAL AREA
(LANDSLIDE HAZARD / STEEP SLOPE)
Code Reference:
• TMC 16.54.050 Permit
A. A permit is required for all grading activities occurring within the City limits ...
(Ord. 2517 §3, 2016, Ord. 2062 §1 (part), 2004)
• TMC 16.54.060 Standards
A. All grading activities require erosion prevention and sediment control that prevents, to the
maximum extent practicable, the transport of sediment from the site to drainage facilities, rights-of-
way, water resources, and adjacent properties. Erosion and sediment controls shall be applied
commensurate with the degree of risk, and as specified by the temporary erosion and sediment
control measures, performance criteria, and implementation requirements of TMC Chapter 14.30 and
the Surface Water Design Manual*.
Instrument Number: 20241002000019 Document:C Rec: $313.50 Page -7 of 11
Record Date:10/2/2024 8:07 AM King County, WA
(Ord. 2517 §5, 2016, Ord. 2062 §1 (part), 2004)
*(KING COUNTY, WASHINGTON SURFACE WATER DESIGN MANUAL
King County Department of Natural Resources and Parks, July 23, 2021) See Exhibit D
• TMC 18.45.120 Areas of Potential Geologic Instability Designations, Ratings and Buffers
A. DESIGNATION. Potential areas of geologic instability include areas of potential erosion and landslide
hazards. Areas of potential geologic instability are classified as follows:
1. Class 1 areas, which have a slope of less than 15%;
2. Class 2 areas, which have a slope between 15% and 40%, and which are underlain by relatively
permeable soils;
3. Class 3 areas, which include areas sloping between 15% and 40%, and which are underlain by
relatively impermeable soils or by bedrock, and which also include all areas sloping more steeply than
40%;
4. Class 4 areas, which include sloping areas with mappable zones of groundwater seepage, and which
also include existing mappable landslide deposits regardless of slope.
Observed Conditions: On January 22, 2024, 1 observed from E Marginal Way S, a large area of fill on
I subject property located to the north / back of the single-family residence
on the subject property. The slope facing E Marginal Way S (west facing
slope) is steep and was not covered to prevent erosion and slumping. There
are significant slumps and rills throughout this area. The north face is also
steep and has not been covered to prevent erosion and slumping.
On January 30, 2024, 1 observed the subject property from the Right Of Way
(ROW) of 40th Ave S, located on the east side of the house, the land from
the north side of the house to the northern property line. This entire area has
been excavated, filled, and graded. None of this area from the house to the
northern property has any erosion or sediment control measures applied.
The fill material closest to the house is approximately eight (8) feet in height.
About 20 yards north of the house significant excavation has occurred along
the western edge ROW of 40th Ave S and this excavation extends to the
northern property line. The excavation is approximately fifteen (15) feet in
height. Along the northern property line, the soil has been piled in front of
several trees, creating an approximately ten (10) feet in height berm.
I also observed in the same area as above are items being stored which
include but not limited to, rubbish, garbage, large pile of tree debris, 24 -foot
U -Haul, large cargo van, mini -excavator, extension ladders, towable
recreational trailer, towable open -bed work trailer, large chicken coop, chain-
link fence panels, astro turf. This entire area is bare, and no erosion or
sediment control measures have been installed.
Research: Reviewing the City's permit tracking system, D24-0231 was submitted on
September 4, 2024 for "Grading permit and Tree permit". This is a Type 1
permit and the scope of work for this permit is the clearing, excavation, and
grading. The Tree permit is part of the Type 2 permit identified in Violation #
1 above.
Instrument Number: 20241002000019 Document:C Rec: $313.50 Page -8 of 11
Record Date:10/2/2024 8:07 AM King County, WA
Corrective Action:
1. IMMEDIATELY STOP all clearing, grading, fill, and excavating activities on the property.
2. REMOVE all vehicles, trailers (work and recreational), astro turf, structures (wood and canopy),
chicken coop, ladders, construction debris, rubbish, garbage, and all other items located inside the
yellow rectangle shown in Exhibit D. All listed items must be moved and stored in accordance with
the Tukwila Municipal Code to an area east / in front of the storage barn.
Once this area is cleared of all items, this area must be maintained in this condition for the life of
the property due to the environmentally critical areas: landslide hazards.
3. A licensed in the State of Washington Land Surveyor must survey all property lines for the purpose
of determining whether the unpermitted excavation, clearing, fill, or grading has been conducted
on the adjoining parcel(s) and Right-of-Way(s). Also, both the east and west side of the R.O.W. for
401h Ave S must be included in this survey. This is required for the site plan.
A site plan, which includes but is not limited to property lines, abutting/ existing streets (This
includes the unopened / undeveloped streets.), east and west side of the 401h Ave S R.O.W.,
building set back lines: front yard, side yards, rear yard, clearing limits, existing and proposed
topography/ contours, existing trees (including size and species) and show trees to be removed,
existing and proposed retaining walls, and location of all structures on the property. A qualified
professional must be a professional land surveyor as defined in the Definitions chapter of the
Tukwila Municipal Code (TMC), Title 19, Zoning and licensed in the state of Washington. This must
be submitted with the Grading Permit. The site plan must be created by a professional engineer /
Civil Engineer as defined in the Definitions chapter of the TMC, Title 19, Zoning, licensed in the
state of Washington and has created these types of plans in the City of Tukwila in the past.
4. A Geotechnical Report must be submitted to the City that reflects what work has been performed
and to determine if the grading and fill is stable. A qualified professional for a geological hazard
study must be a professional geotechnical engineer as defined in the Definitions chapter of the
TMC, Title 19, Zoning, licensed in the state of Washington and has created these types of reports in
the City of Tukwila in the past.
Submit an Erosion and Sediment Control Measures plan for review. A qualified professional for
design of erosion and sediment control measures must be a professional engineer / Civil Engineer
as defined in the Definitions chapter of the TMC, Title 19, Zoning, licensed in the state of
Washington and has created these types of plans in the City of Tukwila in the past.
Install all required temporary erosion and sediment control measures (TESC) which includes but not
limited to, wired backed silt fencing installed with steel stakes, straw wattles, hydroseeding, straw
mulch. Once all TESC has been installed, contact Jim Toole for an inspection. All TESC measures
must be installed by a professional company that has installed TESC measures in Tukwila due to
the extensive excavation, clearing, fill, and grading.
Instrument Number: 20241002000019 Document:C Rec: $313.50 Page -9 of 11
Record Date:10/2/2024 8:07 AM King County, WA
All Erosion and Sediment Control measures must be installed and maintained in accordance with
the King County Surface Water Design Manual, APPENDIX D Construction Stormwater Pollution
Prevention Standards, July 23, 2021.
6. Obtain a Grading permit by submitting the permit application, plans, reports, and any other
required documents. Corrective Measures #3, #4, and #5 from above must be submitted with the
Grading permit. A qualified professional must be a professional engineer / Civil Engineer as
defined in the Definitions chapter of TMC, Title 18, Zoning, licensed in the state of Washington and
has created these types of plans in the City of Tukwila in the past.
Once the Grading permit is issued and before any work begins, a pre -construction meeting must be
held on site with the following City officials:
Heidi Waters @ Heidi.Watters@TukwilaWA.eov
Jim Toole @ lim.toole@tukwilawa.eov
7. Once this area has been restored, it must be maintained to these standards for the life of the
property.
Compliance Date to submit all applications, plans, reports, documents, and any other required
documents: November 4, 2024
ALL TESC measures must be installed, inspected, and approved by or before September 1, 2025
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@TukwiIaWA.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.
Instrument Number: 20241002000019 Document:C Rec: $313.50 Page -10 of 11
Record Date:10/2/2024 8:07 AM King County, WA
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.
Respectfully,
Code Enforcement
Jim Toole
Officer:
Telephone: 206-431-3676
Email: iim.toole@tukwilawa.gov
Enclosed:
Special Permission — Critical Areas Checklist & Grading Checklist
cc:
Davey Resource Group, Inc
Aegis Engineering Tres Montes, LLC
ATTN: Joe Sisneros
ATTN: Bernard P Knoll ATTN: Bernard P Knoll
18809 10th Ave NE
P.O. Box 935 303 Dalton Lane
Shoreline, WA 98155
Puyallup, WA 98371 Zillah, WA 98953
ioe.sisneros@davev.com
ages@agesengineering.com
C2MY Engineers, LLC
Department of Community Development
ATTN: Choomeng Chin
Max Baker, Development Supervisor
PO Box 52883
Rachelle Sagen, Permit Supervisor
Bellevue, WA 98015
Nick Waggood, Building Official
cmchin.c2my@gmail.com
Breyden Jager, Associate Planner
Heidi Watters, Urban Environmentalist
NOTE: PW24-0027
PW24-0027 and D24-0231 status are "Corrections Required" and neither permit will be reviewed until
the corrections have been submitted and all the required, complete documents have been submitted for
the Type 2 permit (Violation # 1). Regarding PW24-0027, the submitted plans show a fifteen (15) foot
wide driveway. Once this driveway has been inspected, approved, and finaled, the City may install
ecology blocks along the eastern edge of the driveway and at the access point to the undeveloped
portion of 40th Ave S. Therefore, this is only a suggestion, you may want to inquire about the possibility
of using the entire forty (40) foot width of undeveloped 40th Ave S. Also, since this permit is only for the
proposed driveway, you may want to create a revised set of plans that focuses on the area of the
proposed driveway for easier review. Most of your plans are for Violation # 1 and Violation # 2 of the
Notice of Violation and Order.
Instrument Number: 20241002000019 Document:C Rec: $313.50 Page -11 of 11
Record Date:10/2/2024 8:07 AM King County, WA
City of Tukwila
Code Enforcement
NOTICE OF VIOLATION AND ORDER-TMC§8.45.070
Aaaeal 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.