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HomeMy WebLinkAbout2024 - Voluntary Compliance Agreement - Tien Q Le and Vui Thi Nguyen - 20241119000844Instrument Number: 20241119000844 Document:COMP Rec: 5308.50 Page -1 of 6 Record Date:11/19/2024 4:12 PM 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. Voluntary Compliance Agreement 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 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: 20241119000844 Document:COMP Rec: $308.50 Page -2 of 6 Record Date:11/19/2024 4:12 PM Mug County, WA VOLUNTARY COMPLIANCE AGREEMENT TM.S VOLUNTARY COMPLIANCE AGREEMENT("Agreement") is made and entered into as of the Effective Date by and between the City of Tukwila ("City"), a. Washington municipal corporation,, and Tien Le and Vui Ngy-uen, a marital community ("Owners") to address code violations in the City's October 2, 2024, Notice of Violation and Order in code enforcement case #24-0010, RECITALS WHEREAS, the Owners own the parcel of real property legally described and depicted in Exhibit A comprised of King County Tax Parcel No. 7340600540 and physically located at 3850 S 126th St, Tukwila, WA 98168 ("Subject Property ");and WHEREAS, a landslide hazard exists on the Subject Property, which is considered a regulated Environmentally Critical Area ("ECA") pursuant to Tukwila Municipal Code ("TMC") 1.8.45.030; and WHEREAS, because the area. around the landslide hazard is considered in ECA, no use or development can occur around the area pursuant to TMC 1 &45.110 unless for the reasons specified in TMC 1$.45.110 and TMC 18.45.070 (See Exhibit D); and WHEREAS, on January 22, 2024, and January 30, 2024, City staff observed that the area around the landslide hazard area had been cleared of vegetation., A, review of the City's permitting showed no lawfully issued permit was issued for the clearing; and WHEREAS, on January 22, 2024, City staff observed a large area of fill on the Subject Property located to the north. / back of the single-family residence on the Subject Property. The two slopes facing E Marginal Way S (west -facing slope) are steep and not covered to prevent erosion and slumping. There are significant slumps and rills throughout these two areas. The north and south -facing slopes are, also steep and have not been covered to prevent erosion and slumping; and WHEREAS, on January 30, 2024, City staff observed that the land on the north side of the property, and within the ECA, had been excavated, filled, and graded; and WHEREAS, a review of the City's permitting system revealed that the City had not issued any lawfully issued permits allowing for the grading, filling, and excavation to occur on the Subject Property; and WHEREAS, the Owner's activities in the landslide hazard area without a permit are a violation of TMC 18.45.195; and WHEREAS, the Owners concede the above -referenced violations and desire to avoid enforcement, monetary Fines, abatement, arid/or other potentially applicable civil and criminal penalties and reirredies by executing this Agreement, and have fully considered the terms of this Agreement as well as the consequences of noncompliance as provided herein; and WHEREAS, the City desires to provide the Owners with an opportunity to achieve code -compliant status with respect to the Property as art alternative to formal code enforcement proceedings and assessments. 4881-8512-6642, v. 8 Instrument Number: 20241119000844 Document:COMP Rec: $308.50 Page -3 of 6 Record Date:11/19/2024 4:12 PM Mug County, WA NOW, 'THERE ORE, inconsideration of the following mutualpromisesand covenants, the Parties agree as follows: Section L P AM)ose. This Agreement aims to establish a binding contractual relationship under which the parties will address specified code violations relating to the Property by establishing an enforceable compliance schedule as an alternative to formal code enforcement proceedings and/or assessments. This Agreeiiient shall be reasonably construed to further the said purposes. Section 2. Admission of Code Violations. The Owners expressly and voluntarily concede and agree as follows: A. The Owners knowingly cleared vegetation in an environmentally critical area without a permit in violation of TMC 18.45.158. B. The Owners knowingly graded, excavated, and filled an environmentally critical area without a permit, violating TMC 18,45.195. Section 3. �:�omfiaucc Schedule. The Owners shall take the following remedial and compensatory measures per the timeframes provided in this section: a. The Owner or assigned shall install Temporary Erosion and Sediment Control Measures (TESC) in accordance with the 2021 King County Surface Water Design Manual, See Exhibit B. City staff shall inspect all installations and issue approvals or requests for corrections. Once the final has been issued, the TESL measures must meet all requirements regal -ding maintenance of thcTESC measures cited in the 2021 King County Surface Water Design Manual. b. Obtain aType 2 Special Permission Permit by March 1, 2025, See Exhibit D for the Special Permission Permit Checklist. c. Obtain a Type 2 Critical Arca T ree removal Permit by March 1, 2025. d. Obtain a Grading permit by March 1, 2025. See Exhibit C for the Grading Checklist. e. Cornplete all remediation efforts to restore the landslide hazard area by December 1, 2025. Section 5. Right of Aqce s and Inspection Granted. The Owners hereby consent to and grant the City or their representative the right to enter, access, and inspect the Subject Property, which may be necessary to determine compliance with the Voluntary Correction Agreement. Inspections shall occur during City business hours. The City shall notify the Owners at least twenty-four (24) hours before each such entry. Section 6. C i s Qbligatiqns. Upon mutual execution of this Agreement, and in consideration of the Owners' fliffilirrient of obligations as set forth herein, and except as otherwise provided in this Agreement, the City shall withdraw the Amended Notice of Violation. dated August 15, 2023 (attached and incorporated herein as Exhibit A) as well as the associated penalties, discontinue all current civil and criminal enforcement proceedings against the Owners, shall not proceed with revocation of any current regulatory permit, certificate or approval, and shall not pursue abatement of the unlawful conditions upon the Subject 4881-8512-6642, v, 8 Instrument Number: 20241119000844 Document:COMP Rec: $308.50 Page -4 of 6 Record Date:11/19/2024 4:12 PM Mug County, WA Property. In addition, after the Owners have completed all obligations outlined in Section 3 above, the City shall provide the Owners with a Certificate of Compliance that will indicate that all. violations of the TMC, outlined in. the City of Tukwila Violation Notice and Order, dated October 2, 2024, relating to the Subject Property, have been abated. Section 7. Violations. In the event that the Owner breaches this Agreement by failing to fully, completely, and timely perform any of the conditions, obligations, covenants, and requirernents set forth herein, the City's obligations under Section 6 of this Agreement shall be null and void, and the provisions of this section shall instead apply. In -,rich event, the City may, it its discretion, proceed. with any or all of the following remedies, as well as any other remedy, claim, or cause of action authorized. by law: A. The City may enter the Subject Property and abate all code violations and/or public nuisances located thereupon. No judicial or other independent authorization shall be required before such entry and abatement. The City shall notify the Owner at least twenty-four (24) hours before each such entry. Notification may be provided orally or in writing. All expenses of such abatement shall be charged to the Owner and may be collected by civil collection action, assignment to a collection agency, filing a lien against the title of the Property, an&or any other method in, the City's sole discretion. B. The City may impose and assess civil penalties against the Owner in the amount of $250.00 per day, per violation, for each day the violation exists that a breach. of this Agreement exists. C. The City may initiate civil code enforcement proceedings against (lie Owner for violating any applicable TMC or the 2015 International Property Maintenance Code (IPMC) provision. TMC 8.28X0. D. The City may initiate criminal code enforcement proceedings against the Owner for violating any applicable TMC provision or the 2015 IPMC provision. E The City may initiate civil litigation against the Owner for breach of contract and/or abatement of a public nuisance. F. The City may initiate civil litigation against the Owner for reimbursement of the City's expenses in addressing, pursuing, correcting, and abating any violation, including but not limited to staff time, contractor fees, attorneys' fees, expert witness fees, and court costs. Section 8. Waiver of HearLnig,&Llaimg. Defenses - hi the event the City takes any action pursuant to Section 7 and/or otherwise enforces this Agreement, the Owner agrees that they shall be deemed to have waived any and all claims, appeals, legal defenses, and objections with respect thereto, including but not limited to the defenses of laches, estoppel, and statutes of limitation. Section 9. Indemnification. The Owners shall fully indemnify, protect, defend, and hold harmless the City, its officers, employees, and agents (collectively referred to in this section as "the City") from and against any and all claims, injuries, liabilities, costs, losses, and causes of action, including attorneys' fees, arising out of or otherwise connected directly or indirectly with the Owner's actions under and/or breach of this Agreement, and any remedial, corrective or enforcement action taken by the City in response thereto. The Owner's obligations under this section expressly include without limitation any personal inj Jury or property damage arising out of or connected with the City's entry onto the Subject 4881-8512-6642, v. 8 1 Instrument Number: 20241119000844 Document:COMP Rec: $308.50 Page -5 of 6 Record Date:11/19/2024 4:12 PM Mug County, WA Property for purposes of inspection, compliance verification, and/or abatement activities, as well. as the disposal of any items or materials removed from the Property pursuant to this Agreement. Section 10. Signato -natar rrantigg. Each signatory to this Agreement represents and warrants that he or she has full power and authority to execute and deliver this Agreement on behalf of the entity or party for which he or she is signing and that he or she will deflend and hold harmless the other parties and signatories from any claim that he or she was not fully authorized. to execute this Agreement on behalf of the person or entity for whom he or she signed. Section 11. Re LiLLY_Effe ,qt. Upon mutual execution, this Agreement shall have been duly entered into by the parties, shall constitute against each party a valid, legal, and binding obligation, and shall be enforceable against each party in accordance with the term,, hereof This Agreement will be recorded with the King County Recorder's Office, shall be deemed to run with the land, and shall fully bind all future owners of the Property. Section 12. GoXRfl1jfl&1AyK.,Ve, and Attorneys' Fees. This Agreement shall be governed by and construed in accordance with the laws of the State of Washing—ton. 'The venue for any action arising outof or relating to this Agreement shall be the Ding County Superior Court. If the City substantially prevails in any litigation arising out of this Agreement, the City shall be entitled to art award of its reasonable attorneys' fees and costs, incurred therefor. Section 133. hitqgLation• Modification. All exhibits to this Agreement are hereby incorporated herein by this reference as if set forth in full. This Agreement, inclusive of said exhibits, contains the entire understanding between the parties with respect to the subject matter hereof and shall not be modified, amended, or terminated in any way except by a. written signature by the parties hereto. Section 14, Non -waiver. Failure by the City to enforce a breach of any provision of this Agreement shall not be construed as a waiver of that or of any other provision hereunder. Section 15. Joint and SeverableLLabilily. Each Owner shall be jointly and severally responsible and liable for compliance with all. applicable provisions of this Agreement. Section 16. severability. If a court of competent jurisdiction ultimately invalidates any sentence, Clause, or provision of this Agreement, such invalidity shall not affect any other sentence, clause, or provision hereof. Section 17. This Agreement may be executed in multiple counterpart originals, each of which shall be deemed to constitute an original. agreement, and all of which shall constitute one agreement. The execution of one counterpart by a party shall have the same force and effect as if that party had signed. all other counterparts. Section i. Regulatory AuthoritXPreserygd, Nothing herein shall be construed as a waiver, J_ - abridgment, or limitation of the City's regulatory authority and/or police power, which the City hereby expressly reserves in full. Section 19. Ac. DqM1qdgLng. The undersigned certify that they have read the foregoing Agreement, that they have enjoyed an opportunity to review it with their respective legal counsel., that they -fully understand it, that they are executing this Agreement voluntarily and without duress or coercion, and that they are legally bound by it upon execution. 4881-8512-6642, v, 8 I Instrument Number: 20241119000844 Document:COMP Rec: $308.50 Page -6 of 6 Record Date:11/19/2024 4:12 PM King County, WA 1N WITNESS WHEREOF, this Agreement is executed as of"the latest (late, and both parties fully execute it. CITY OF TLU WILA Nora GiTrfoff Community Development Director Dated:.— I I -° I S .9 4,..,. C.iGDEN MURPHY WALLACE P.L.L,.C. sew i'cilfliiril Attorney for the. City of Tukwila Dated: -11/18/2024 4881-8512-6642, v. 8 } Tien Le Owner Dated:__ p ! a % _° 1 r Vui Nguyen Owner Dated:.