HomeMy WebLinkAbout2012 - Complaint of Unfit Building / Violation Notice and Order - Puget Sound Guardians / Gaskill Herbert - 20120731001651Return Address:
City of Tukwila
ATTN: City Clerk
6200 Southcenter Blvd
Tukwila, WA 98188
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20120731001651
CITY OF TUKWIL C 66.00
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07/31/2012 12 :24
KING COUNTY, WA
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Document Title(s) (or transactions contained therein): (all areas applicable to your document must be filled in)
1. COMPLAINT OF UNFIT BUILDING 2. VIOLATION NOTICE & ORDER
3. 4.
Reference Number(s) of Documents assigned or released:
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Grantor(s) Exactly as name(s) appear on document
1. CITY OF TUKWILA ,
2.
Additional names on page of document.
Grantee(s) Exactly as name(s) appear on document
1. PUGET SOUND GUARDIANS
2. GASKILL, HERBERT ,
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Legal description (abbreviated: i.e. lot, block, plat or section, township, range)
TYLERS STELLA A 1ST TO STERLING
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Assessor's Property Tax Parcel /Account Number ❑ Assessor Tax # not yet
assigned
PARCEL NO. 873300 -0080
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City of Tukwila
Code Enforcement
6300 Southcenter Boulevard
Tukwila, WA 98188
(206) 431 -3670
FAX: (206) 431 -3665
Violation
Notice And Order
Tukwila Municipal Code §
8.45.050(D)
The undersigned City of Tukwila Code Enforcement Officer, hereby certifies and states that:
Violation Location:
15010 Macadam Road South, Tukwila, WA File #: RFA10 -395 (LDR)
Owner Name:
Herbert Gaskill
Address:
15010 Macadam Road South
City/State/Zip:
Tukwila, WA 98188
Guardian:
Summer Gallagher, CPG
Puget Sound Guardians
Address:
PO Box 3429
City/State/Zip:
Redmond, WA 98073
is in violation of Tukwila's Municipal Code (TMC),
TMC Chapter:
TMC 8.45.030.E.2 Fail to comply with any applicable provisions of TMC
TMC Chapter:
TMC 8.28.020 International Property Maintenance Code Adoption (IPMC)
Specifically:
IPMC 307.1 Accumulation of rubbish, debris, garbage
"All exterior property and premises... shall be free from any accumulation of
rubbish or garbage."
The yard. open gargage and shed are cluttered with rubbish, debris and garbage.
Specifically:
IPMC 302.8 Motor vehicles
"...no inoperative or unlicensed motor vehicle shall be parked, kept or stored on
any premises, and no vehicle shall at any time be in a state of major disassembly,
disrepair, or in the process of being stripped or dismantled."
Specifically:
IPMC 302.4 Weeds, overgrowth
"All premises and exterior property shall be maintained free from weeds or plant
growth in excess of 24 inches."
The entire lot is overgrown with blackberrie bushes and weeds.
Specifically:
IPMC 302.7 Accessory structures.
"All accessory structures, including detached garages, fences and walls, shall be
maintained structurally sound and in good repair."
The open shed and garage is unstable and has partially collapsed.
Corrective Action required:
Violation notice & order.doc
Page 1 of 3
Compliance Date:
August 2, 2012
Corrective Action:
•
Remove all trash and debris from the property, and take the necessary
steps to prevent this from becoming a problem in the future.
September 13, 2010 - Pre -Notice of Violation
•
Remove junk vehicles from the property or store them completely within a
building.
•
Cut back and remove overgrowth from property.
•
Demolish and remove dangerous and unsafe open shed and garage.
Pre -Notice of Violation issued on the following dates:
Issue Date:
October 6, 2008 - Violation Notice and Order
Issue Date:
August 24, 2010 - Pre -Notice of Violation
Issue Date:
September 13, 2010 - Pre -Notice of Violation
FAILURE TO COMPLY WITH THIS ORDER MAY SUBJECT YOU TO A MONETARY PENALTY OF UP TO $500 PER
DAY FOR EACH DAY THAT THE VIOLATION EXISTS UNDER THE PROVISIONS SET FORTH IN TMC 8.45.100(2).
Appeal Provisions:
A person may, within ten days of receipt of this notice, file with the City Clerk a written notice of appeal containing the
following:
1. A heading with the words: "Before the Hearing Officer of the City of Tukwila ";
2. A caption reading: "Appeal of , giving the names of all appellants participating in the appeal;
3. A brief statement setting forth the legal interest of each of the appellants in the property involved in the
notice and order;
4. A brief statement of the specific order or action protested, together with any material facts claimed to
support the contentions of the appellant or appellants;
5. 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;
6. The signature of all persons named as appellants, and their official mailing address;
7. The verification (by declaration under penalty of perjury) of each appellant as to the truth of the matters
stated in the appeal.
8. The appeal fee for violations in the LDR zone is $100.00 and in all other zones is $200.00. Fees must
accompany the written notice of appeal.
Failure to appeal this Violation Notice and Order shall constitute a waiver of all rights to any additional administrative hearings.
Failure to respond may result in the matter being forwarded to the City Attorney for further action.
Signed: 4
Today's date: July 18, 2012
Name: Mary Hulvey
Phone 206/431 -3676
Title: Code Enforcement Office
Email: Mary.Hulvey@tukwilawa.gov
Violation notice & order
Page 2 of 3
City of Tukwila
Code Enforcement
6300 Southcenter Boulevard
Tukwila, WA 98188
(206) 431 -3670
FAX: (206) 431 -3665
Complaint of Unfit
Building
Tukwila Municipal Code § 8.45.140
The undersigned City of Tukwila Code Enforcement Officer, hereby certifies and states that:
Violation Location:
15010 Macadam Road S., Tukwila, WA File #: RFA10 -395 (LDR)
Owner Name:
Herbert Gaskill
Address:
15010 Macadam Road South
City /State/Zip:
Tukwila, WA 98188
Guardian:
Summer Gallagher, CPG
Puget Sound Guardians
Address:
PO Box 3429
City /State/Zip:
Redmond, WA 98073
is declared to be an Unfit Building in violation of Tukwila's Municipal Code (TMC),
TMC Chapter:
TMC 8.28.020 International Property Maintenance Code Adopted (IPMC)
Specifically:
IPMC 108.1.3 Structure Unfit for Human Occupancy. "...whenever code official
finds that such structure is unsafe, unlawful, or because of the degree to which
the structure is in disrepair or lacks maintenance, is insanitary...or lacks
ventilation, illumination, sanitary or heating facilities or other essential
equipment required by this code..."
The vacant structure distroyed by fire in 2010 has been abandoned and is in total disrepair, lacks
most essential equipment, and contains accumulations of debris inside the structure.
Specifically:
IPMC 108.1.5 Dangerous structure. "Any portion of a building, structure...that
has been damaged by fire...deterioration, neglect, abandonment,
vandalism...that it is likely to partially or completely collapse is possible."
The vacant structure was destroyed by fire in 2010. Tukwila Fire Marshall Tomaso stated the
structure is a total loss. The fire has destroyed the foundation and flooring inside the structure.
The structure is so damaged and structurally unsafe that it is in danger of collapsing. The
vacant structure has been abandoned and is in total disrepair, and contains accumulations of
debris inside the structure.
TMC Chapter:
TMC 8.28.010 Nuisance. "(A) All violations of development, land use, licensing
and public health ordinances are found and declared to be nuisances. (B) The
following are declared to be public nuisances: building and structures that are
determined by the City's Building Official to be vacant and so old, dilapidated
or have become so out of repair as to be dangerous, unsafe, unsanitary, or
otherwise unfit for human habitation or occupancy, and such that it is
unreasonable to repair the.structure (collectively referred to as a "Vacant
Building")."
Specifically:
The City of Tukwila adopted the above code provisions as either development, land use, or public
health ordinances and thus violation of such ordinances constitute public nuisances. This
structure has become an attractive nuisance to harbor vagrants. Vagrants continue to break into
this unsafe and dangerous structure.
TMC Chapter:
TMC 8.28.030 Vacant Structures. "...a vacant building is a building structure or
portion there of, which is: (a) unoccupied and unsecured; (b) unoccupied,
unsecured, and so old, dilapidated, or has become so out of repair as to be
dangerous, unsafe, unsanitary or otherwise unfit for human habitation or
occupancy, and such that it is unreasonable to repair the strucuture; (c)
unoccupied and secured by boarding or other similar means; (d) unoccupied
and a dangerous structure; (e) unoccupied and condemned by the Building
Hearing Time:
Official; (f) unoccupied and has multiple code violations; (g) unoccupied, and
the building or its premises has been the site of alleged unlawful activity
within the previous 12 months; (h) unoccupied for over 180 days, during which
time Code Officials have issued an order to correct public nuisance violations
and those violations have not been corrected, or (i) unoccupied for over two
years."
Specifically:
Legal vacant structures must appear to be occupied, must be secured against unauthorized entry,
roofing and siding must be maintained intact and free from holes, fire protection systems
maintained in working order, utilities must be terminated and disconnected. A vacant building
declared to be unsafe by the building official will be ordered demolished and removed. The
structure located on the above referenced parcel is unoccupied, unsecured, dilapidated,
dangerous, neglected and has multiple code violations.
You are hereby notified of a Complaint Hearing before the Tukwila Improvement Officer scheduled as follows:
Hearing Date:
August 14, 2012
Hearing Time:
1:00 PM
Hearing Location:
Department of Community Development
Conference Room #1
6300 Southcenter Blvd.
Please contact this office if you need to reschedule hearing date specified.
By receipt of this Complaint of Unfit Building, you are required to attend a Hearing before the Tukwila Improvement
Officer at which all parties in interest shall be given the right to appear in person, to bring witnesses, and to give
testimony regarding the complaint. At any time prior to or at the time of the hearing, any party may file an answer to
the Complaint. All rules governing the procedure of such Hearing, are available for public inspection at the Tukwila
Department of Community Development.
Within ten days of the Complaint Hearing, the Improvement Officer shall issue a Determination, Findings of Fact,
and Order stating whether the subject dwelling, building, structure, or premises is unfit for human habitation or
other use, findings of fact supporting the determination, an order specifying the actions necessary to address any
unfitness, and a deadline for completing the actions.
If you fail to comply with the Determination and Order and no appeals have been filed, the Improvement Officer may
order the building to be repaired or demolished. The cost of such action shall be assessed against the subject property
as a tax lien, pursue Chapter 35.80.030, Revised Code of Washington (RCW).
Signed: 4 C.j Y
Today's date: July 19, 2012
Name: Mary Hulvey
Phone: 206 - 243 -3676
Title: Code Enforcement Officer
Emal: Many.Hulvey @tukwilawa.gov