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HomeMy WebLinkAboutHEX Decision Obasi Code Enforcement BEFORE THE HEARING EXAMINER OF RENTON FINAL DECISION -- APPEAL OF FINDING OF VIOLATION AND ORDER TO CORRECT FILE NUMBER: CODE22-000313 SITE OF VIOLATION: 1608 Pierce Ave SE Renton, WA 98058 PROPERTY OWNER: Chidinma Obasi 1608 Pierce Ave SE Renton, WA 98058 REVIEW AUTHORITY: City of Renton TYPE OF CASE: Appeal of Notice of Violation and Order to Correct Fourth Notice. DISPOSITION: Appeal Denied. Violation committed for unlicensed maroon Audi parked upon property owned by Ms. Obasi. $250 fine sustained and due by June 9, 2023. INTRODUCTION Ms. Obasi appeals a Notice of Violation and Order to Correct Fourth Notice, CODE22-000313 (NOV). The NOV asserts one code violation, specifically that Ms. Obasi is responsible for unlicensed vehicles parked upon her property. The City asserts that two vehicles are unlicensed and parked on Ms. Obasi’s property. One vehicle, a Chevrolet 300, is found to have dealer plates and so is construed as licensed for purposes of the alleged code violation. The other, a maroon Audi, is not found to be licensed. Ms. Obasi claims the vehicle is owned by her husband so she should not be held responsible for that vehicle. However, as one of t he owners of the property upon which it’s parked, Ms. Obasi is responsible for the vehicle violation under City code standards. There was a significant amount of discussion at the appeal hearing on whether Ms. Obasi was also in violation of a code provision prohibiting vehicles from being parked off driveways and other approved surfaces on residential lots. That alleged violation was not a part of the NOV appealed by Ms. Obasi. Consequently, the merits of that violation cannot be discussed since it could come up for review in another notice of violation hearing. As noted during the hearing, if Ms. Obasi has any additional room upon her lot for approved parking surfaces, that issue would best be addressed by consulting with the City’s planning department on whether City development standards authorize those additional surfaces. It should also be clarified that this Decision only addresses a small part of the multitude of violations alleged against Ms. Obasi in other notices and warnings of violation. Ms. Obasi’s alleged use of her lot and her adjoining street to park numerous dealer licensed cars may be an egregious violation of City zoning and business licensing standards. The relatively minor offense addressed in this Decision should not be construed as sanctioning the other potentially more significant violations associated with Ms. Obasi’s property. The City’s zoning and/or home occupation standards can be interpreted as prohibiting neighborhood streets and residential lots from being used as parking lots for automobile businesses. Ms. Obasi should work with the City to ensure that she avoids further fines and penalties. TESTIMONY A computer-generated transcript has been prepared of the hearing to provide an overview of the hearing testimony. The transcript is provided for informational purposes only as Appendix A. EXHIBITS The staff’s exhibit list identifying 12 exhibits were admitted as Ex. 1-12 during the March 21, 2023 hearing date. FINDINGS OF FACT 1. Violation Site. The violation site is 1608 Pierce Ave SE, Renton. Ms. Obasi acknowledged at hearing that she and her husband own that parcel. 2. Notice of Violation. A Notice of Violation (“NOV”) dated January 25, 2023 was issued against Ms. Obasi alleging parking of unlicensed vehicles on residentially zoned property. Ms. Obasi filed an appeal of that NOV on January 30, 2023. 3. Hearing. A hearing on the subject appeal was held on February 14, 2023. 4. Unlicensed Vehicles. The maroon Audi depicted in one of the photographs of Exhibit 8 is found to have been parked on Ms. Obasi’s property without a vehicle license on July 27, 2022 as shown in the photograph of Ex. 2. Ms. Obasi does not contest that the Audi is unlicensed and Ms. Locher testified that she observed the vehicle without any license plate on that date. In addition to the Audi, the City asserted that an unlicensed Chevrolet 300 was also parked upon Ms. Obasi’s property on July 27, 2022. Ms. Obasi claims that there was a dealer plate located within that automobile. Ms. Locher acknowledged that she may not have been able to see such a plate. Given that Ms. Obasi’s testimony was often against her own interest and there’s no indication that her testimony was inaccurate, Ms. Obasi’s statement that the Chevrolet was licensed with dealer plates is taken as a verity. CONCLUSIONS OF LAW 1. Authority of Examiner: The Hearing Examiner has the authority and jurisdiction to review appeals of NOVs as provided in RMC 1-10-5. 2. Zoning. The property is zoned R-8. 3. Code Violations: The Finding of Violation of this case (Exhibit 10) is based upon one alleged code violation, which is quoted below in italics and assessed in corresponding conclusions of law. Violation No. 3: Unlicensed Vehicle on Residentially Zoned Property (RMC 4-4-085(D)(2)): It is unlawful for any person to keep, store or park, or to permit any other person to keep, store or park, any disabled vehicle or boat, or unlicensed vehicle or boat, on any residentially zoned property within the City unless that vehicle or boat is stored and parked outside public view within a fully enclosed building at all times. Vehicles and boats which are kept on site and outside of an enclosed building shall be operational and currently registered. 4. Violation Committed. The violation is found committed. As determined in Finding of Fact No. 4, an unlicensed maroon Audi was parked upon Ms. Obasi’s property on July 27, 2022. Ms. Obasi asserted she should not be responsible for that vehicle because it is owned by her husband. However, as identified in RMC 1-10-1N, a “violator” is defined to include an owner of a violation site. RMC 1-10-3C authorizes the City to cite violators with notices of violation. 9. Fines. RMC 1-10-5C5 authorizes the Examiner to reduce fines. There is no basis to reduce fines in this case. Although Mr. Obasi’s responsibility is marginally excusable because the vehicle in violation was owned by her husband, she has also been responsible for numerous other on-going violations associated with the conduct of her automobile business on her residential lot. DECISION The appeal of the NOV for CODE22-000313 is denied. ORDER TO CORRECT Ms. Obasi shall complete all corrective action identified in the NOV and pay the $250 fine by June 9, 2023. Failure to correct as ordered shall subject the Appellant to criminal prosecution authorized by RMC 1-3-2(F)(2). Failure to comply with an Order to Correct can be prosecuted as a misdemeanor. The maximum penalties for a misdemeanor are 90 days in jail and $1,000 in fines. Decision issued May 3, 2023. Hearing Examiner NOTICE OF RIGHT TO APPEAL Appeal to Superior Court. An appeal of the decision of the Hearing Examiner must be filed with Superior Court within twenty-one calendar days, as required by the Land Use Petition Act, Chapter 36.70C RCW. Code Enforcement Decision -- 5 Obasi (Completed 05/02/23) Transcript by Rev.com Page 1 of 20 Appendix A March 21, 2023 Hearing Transcript Obasi Code Compliance Hearing -- CODE21-000313 Note: This is a computer generated transcript provided for informational purposes only. The reader should not take this document as 100% accurate or take offense at errors created by the limitations of the programming in transcribing speech. A recording of the hearing is available from the City should anyone need an accurate rendition of the hearing testimony. Phil Olbrechts: ...Let city staff know that Ms. Obasi doesn't have a screen to see any exhibits they might be putting up on the computer. But I think if you just reference the documents you're looking at, hopefully Ms. Obasi has hard copies and she can follow along with us. Let me get my recorder going too, and then for the record, it's March 21st, 2023, 10:00 AM. I'm Phil Olbrechts, hearing examiner, for the City of Renton. We are addressing a code enforcement appeal, file number code 22-000313. Participating right now is Donna Locher and Jason Churchill with the city and Ms. Obasi, the appellant, representing herself. The hearing format, Ms. Obasi, you'll be able to start off with a presentation from staff. Mr. Churchill and/or Ms. Locher will give you an overview of what the notice of violation is about that you're appealing. You'll have an opportunity, if you want, to question them, to cross-examine them on anything that they say. Once they're done presenting their testimony and evidence, Ms. Obasi, you'll have a chance to present your side of the story and any evidence you want to present. Once you're finished, then since the city has the burden of proof, they can have a chance to respond to what you say. After that, I have about a couple of weeks to issue a decision. Now by state law, I'm only allowed to consider evidence that's put in the record today. Ms. Obasi, I just want to ask if you received a bunch of documents from the city? I don't actually have an exhibit list... Well, I'll just describe what each exhibit is. Exhibit one that the city gave me... Oh, sorry? Ms. Obasi: I have some exhibits that are printed out from my computer. Phil Olbrechts: You what? Ms. Obasi: I have some paperwork that I... They sent exhibits one through 12, I printed them out from my computer. Phil Olbrechts: I guess my sound quality's not very good. I'm having trouble hearing what you're saying, something about your computer. Ms. Locher, could you understand what Ms. Obasi was saying? I couldn't... Donna Locher: No, something about taking something off of her computer. Obasi (Completed 05/02/23) Transcript by Rev.com Page 2 of 20 Speaker 1: Yeah, she said she printed one through 12 exhibits off her computer. But Ms. Obasi, I also mailed them to your address, a physical copy of them, but that means she has them, Phil. Phil Olbrechts: Oh, okay. All right. Ms. Obasi: I have the one I printed out from the computer, yeah. Phil Olbrechts: Okay. All right. Ms. Obasi: I think exhibits one through nine, let me see. Phil Olbrechts: Hmm. Okay, I only exhibits one... Okay, I see, exhibits one through twelve. Ms. Obasi: One through nine. Phil Olbrechts: And you only have exhibits one through nine, Ms. Obasi? Ms. Obasi: I do. Phil Olbrechts: Okay. Ms. Obasi: I have those printed out from my computer, yeah. Phil Olbrechts: All right. Yeah, because like I said, there are 12 exhibits that I have. Let me see, I'm going to see what 10, 11, and 12 is. Ms. Obasi: Hold on, let me see. Oh, okay, so exhibits... Speaker 1: I also physically mailed them to... Obasi (Completed 05/02/23) Transcript by Rev.com Page 3 of 20 Ms. Obasi: I have the 12th exhibits, yes. Phil Olbrechts: Oh, you do have them. Ms. Obasi: One that says... Phil Olbrechts: Okay. All right. Ms. Obasi: Yeah, I got a copy, I printed all of them out. Phil Olbrechts: Okay. Ms. Obasi, do you have any objections to those being put in the record? I mean, did you find any of the exhibits to not be relevant or maybe inauthentic, [inaudible 00:03:21] are not correct? Ms. Obasi: Okay, so do you want me to tell my own side of the story now? I thought you said to wait. Phil Olbrechts: No, I'm just asking if you have any objections to the admission of those exhibits. Ms. Obasi: There is, [inaudible 00:03:34] send the pictures. I have a dealers plate, and my dealers plate, I put it inside my car, in my Honda CR-V, it's tinted glass. You may not see it from the picture, but the... What do you call it? Phil Olbrechts: Okay. Yeah, let me finish what I'm saying. No, this is not your time to say your side of the story. This is the time just to have the objections... Ms. Obasi: Okay, then let me know when to talk. Phil Olbrechts: Yeah. I'm just asking now if you have any objections to entry of these documents in the record, that maybe that the photographs aren't accurate, they're not... Ms. Obasi: Obasi (Completed 05/02/23) Transcript by Rev.com Page 4 of 20 Some of them are incorrect. That's what I'm trying to say, some of them are incorrect, like the CR-V, when you take a picture from outside, there is no tags outside, but there is tags on the window, but the tinted glass may not even let you see it, because I have the dealers plate, five of them that I use for my cars. Phil Olbrechts: Okay. Anything else in terms of the photographs or...? Ms. Obasi: That's it. Phil Olbrechts: Okay. I'll admit the photographs, Ms. Obasi, when it's your turn to speak you can explain what's missing from the photograph, that it doesn't show something and that'll be just fine, just tell us what's wrong with them at that point. Okay. With that, who's going to... Ms. Locher or Mr. Churchill, who's going to speak on behalf of the city? Donna Locher: I'm going to speak on behalf of the city this morning. Phil Olbrechts: Okay. Let me swear you in. Just raise your right hand. Do you swear and affirm to tell the truth, nothing but the truth Ms. Locher? Donna Locher: I do. Phil Olbrechts: Okay, great, go ahead. Ms. Obasi: Hold on. Hold on. Okay, yeah, go ahead. I need to record it. Donna Locher: Pardon? Okay. Phil Olbrechts: Okay. Donna Locher: I'm going to go ahead and start. We received a request to check the property at 1608 Pierce Avenue Southeast, and this was on Wednesday, June 29th, 2022. The request was many vehicles without license plates located at the property and on the street surrounding the property causes limited site street view when driving around the corner. Prior to this request, I've had earlier code compliance on Ms. Obasi's Obasi (Completed 05/02/23) Transcript by Rev.com Page 5 of 20 property for unlicensed vehicles and parking. I did a site inspection per this request, and that was done on July 27th. At that time, there was an unlicensed Chrysler 300 in the driveway and an unlicensed maroon Audi on the property. There was the maroon Audi and a dark-colored Chevrolet that were parked on dirt or grass. Those are depicted in the photos taken July 27th, whoop, excuse me, July 18th and July 28th. Per that, I sent Ms. Obasi a warning of violation to correct those two situations with the parking. I also emailed the Department of Licensing because there was dealer plates being used at the property, and my concern with that was that there was a business being operated at that property at that time. Phil Olbrechts: Okay. Which exhibits are the photographs you're talking about? Donna Locher: Yes. Exhibit two... Well, Exhibit two is the request and then exhibit three is the photographs that were taken on July 18th and July 28th. Phil Olbrechts: Okay, and so we're talking about the Chevrolet 300 and what was the other vehicle again? Donna Locher: There's a maroon Audi that's parked on the grass in the front. Phil Olbrechts: Yeah, there it is. Okay. Donna Locher: Yeah. Phil Olbrechts: Both these vehicles didn't have any plates on the exterior of the vehicle, and you said there were dealer plates. Is that in the window of the vehicle or where were those located? Donna Locher: There was dealer plates on a Ford Land Rover, or excuse me, I guess a Land Rover's not a Ford. It was dealer plate 11268C. Because of the number of vehicles and them being unlicensed and parked on the street and on the property, that's what prompted me to call the Department of Licensing to check and see if there was a business at this address. Phil Olbrechts: What was the Department of Licensing response? Was that where it was like unpublished or something they couldn't share? Was that their response? Donna Locher: Obasi (Completed 05/02/23) Transcript by Rev.com Page 6 of 20 No, they shared, I've got emails from them a little bit later on in exhibit five. What I had to do was open a case with the Department of Licensing to get the information. Just so I don't get us mixed up, I have another case on Ms. Obasi for the business, for the actual business. Phil Olbrechts: Oh, I see. Okay. Donna Locher: Maybe I shouldn't have put those in here, but for this one I'm dealing with license plates not being there or dealer plates being used and parking on the dirt and grass. Phil Olbrechts: Yeah. The reason I was asking was just if the Department of Licensing had verified that they were not licensed then, because we are, like you said, focusing on the licensing issue. Your charge of no licensing then is based on the fact that there were no plates on the car, basically. Donna Locher: No plates on the car, correct. Phil Olbrechts: Then just to be clear, so which vehicles didn't have the plates? It was the Chevrolet and the maroon vehicle. Then, which cars were not parked on the street? Just so... It might be obvious in the photographs, maybe if you could just go through that. Donna Locher: No, that's fine. The unlicensed Chrysler 300 was in the driveway with no plates. The unlicensed maroon Audi has been unlicensed for well over, at this point, probably three years. Phil Olbrechts: And then how do you know that? Donna Locher: Because I ran the plates at the Department of licensing, which I think is what you were asking me. Phil Olbrechts: Right, okay. That's in the exhibits is the Department of Licensing records that shows it hasn't been licensed for three years? Donna Locher: I'm not sure it is. Phil Olbrechts: Okay. Obasi (Completed 05/02/23) Transcript by Rev.com Page 7 of 20 Donna Locher: Sorry. Phil Olbrechts: How do you know that then, I guess, is what I... That was from the Department of Licensing records you saw, is that correct? Donna Locher: Correct. Phil Olbrechts: Okay. Got it. Donna Locher: Yes. Phil Olbrechts: Okay. Then, if you could point out the vehicles that aren't parked on the, just to... Like I said, I probably could tell from the photos anyway, but just from your perspective, what vehicles were not parked on the driveway or street? Donna Locher: Right next to the Chrysler 300, there's a van that is parked inside the driveway. Phil Olbrechts: What's the surface that van's on? I can't tell from the photograph. Is that gravel or what is it? Donna Locher: Well, it's kind of dirt, grass, mixed. Phil Olbrechts: Okay. All right, got it. Donna Locher: From being parked on. Phil Olbrechts: I see. Donna Locher: If you look at the maroon Audi, it's parked on the grassy, dirt area on the boulevard in front of the property. Obasi (Completed 05/02/23) Transcript by Rev.com Page 8 of 20 Phil Olbrechts: Okay. Yeah, it looks like there's some kind of a Chevrolet SUV or something, it looks kind of green, it's next to the white van. Donna Locher: Yes, and that was from the 27th, so that was a later date. It's now parked on the dirt, grass. You can tell where the driveway ends under the white van. Phil Olbrechts: Okay. Donna Locher: Okay, and what this is telling me, Mr. hearing examiner, I need to mark these better for you so that I can just say, "Go to photo one or two." Phil Olbrechts: Oh, sure, yeah. Donna Locher: Have the DOL, so I will keep that in mind for next time. Then, the dealer plate is on the Land Rover, that's in the street. There's a Honda that's unlicensed in the street, a gray Honda. Phil Olbrechts: You verified the Honda's owned by Ms. Obasi, is that correct? Donna Locher: No. Ms. Obasi: Hello? Donna Locher: There's no way to verify that without a license plate. Just so you know, Department of Licensing does not allow us to run plates to see who owns them. Phil Olbrechts: Oh, okay. Donna Locher: We can use them to see if they're licensed or not, and we can see where the addresses they're licensed to. Obviously we do see who they're licensed to, but we can't use that per their guidelines for us. Obasi (Completed 05/02/23) Transcript by Rev.com Page 9 of 20 Phil Olbrechts: Okay, so how do you know that Honda's hers then, or she's responsible for it? Donna Locher: Because it was parked in front of her house. Phil Olbrechts: Just in front of her house. Okay. Donna Locher: She, not she personally, but the cars in that area go round and round in front of the house, across the street from the house. There was a Hummer that wasn't licensed at one time and now it's licensed to that property. Ms. Obasi: Oh my God. Phil Olbrechts: Okay. All right. Is that everything Ms. Locher? Donna Locher: Yeah, I mean that's on that one exhibit. I went all the way through our process of sending out multiple notices to Ms. Obasi and letting her know what needed to be taken care of, the licensing and the parking. I do not have photos from today... I mean I do have photos from today, but not to share because I was unable to get them downloaded from my phone before this. But at this time, the parking, there's a dark gray-silver Ford that's parked on... It looks like she may have put down some gravel, but it's not an established driveway so that one is in violation of city code. Then, there's a silver Ford truck that's parked on kind of gravel that is still in violation of parking. The dark silver Ford is parked where the Audi used to be parked in front of the house on the Boulevard. Phil Olbrechts: Okay. Let's see. Donna Locher: There was also other cars around the property or in the street that did not have license plates, or if they did, they had temporary plates. Phil Olbrechts: Do you know off the top of your head what code provision, say, a driveway has to be paved as opposed to just gravel or...? Because I see that the code provision that's on the notice of violation says it has to be parked on a lawfully established driveway or an approved impervious surface. Donna Locher: Correct. Obasi (Completed 05/02/23) Transcript by Rev.com Page 10 of 20 Phil Olbrechts: How do I interpret what's a lawfully established driveway or approved impervious surface? People use gravel driveways in other cities maybe, I don't know about Renton, but... Donna Locher: Yeah, fair question. In this case, there is a concrete driveway in front of the garage, so that would be the established driveway. Anything beyond that is something that the property owner would have recently or not so recently just been parking on the grass or the dirt and possibly put down some gravel. But what the city did is, as far as the legally established, there's quite a few houses in the Highlands area that don't have asphalt or cement driveways, they've always parked on a dirt, gravel type situation, and so those are lawfully established for those properties. Phil Olbrechts: Oh, I see. It kind of sounds like driveways that were approved as part of the building permits when the house was first built, that would be considered lawfully established. Then if somebody just threw some gravel on their lawn or something, that wouldn't be lawfully established. Is that...? Donna Locher: Correct. Phil Olbrechts: Okay. All right. Okay, Ms. Obasi, did you have any questions of Ms. Locher about any of her testimony? Ms. Obasi: I want to know, because I want to use every space that I have around my house because I have tenants living in my house, we are eight adults living here and everybody has a car. Me personally, I have four cars, one is inside my garage and four is outside. Other adults living here, I used to... They said my packing place wasn't okay. I put it back. I called the people that does the... Landscaping people, they came and put it back. This lady, [inaudible 00:17:21] permissive, I should make it [inaudible 00:17:29] level so that I can be able to park out there. We went and bought gravel and pour on it, it's not okay with her, so I want to know what is okay with her so I can do that and be able to use my space. Phil Olbrechts: Okay. Ms. Locher, can you answer that or could you hear the question or...? Donna Locher: I caught bits and pieces of that. What I thought I heard you say, Ms. Obasi, is that you put gravel down. Is that correct? Ms. Obasi: You told me to put it back, it's not dirt, it's back, I paid for it, I paid $415 to the landscaping people to come and put those back there and make sure that grass will not grow up there so I can use my space. You said it's not okay. I paid another $515 for them to come and put gravel, and still it's not okay with you. What is okay with you? I want to use my space in my own house. Obasi (Completed 05/02/23) Transcript by Rev.com Page 11 of 20 Donna Locher: Okay. Well, what I got from that is that you put down gravel because of my notices. Is that correct? Ms. Obasi: You said that is not okay, then I put gravel. Is gravel not okay? Tell me what is okay, then I will do it and use my space in my house. The Chrysler he's talking about is packed in my driveway, in my own driveway that I pay tax on. What is your problem? It's not on the street. Phil Olbrechts: Okay, so Ms. Locher, what she's asking is what does she need to put on her property to make it an acceptable parking location? I guess she's paid somebody a bunch of money to put gravel on there. Ms. Obasi: But [inaudible 00:19:20] people park their cars [inaudible 00:19:23] or pour gravel and park their cars is okay, but it's not okay for me because I'm Black. Phil Olbrechts: Okay. Yeah, she's just asking, I mean, does gravel work? From what I got from what you said before, the city's position is no. What can she do to expand her parking space on her property? Does she have to pave it or what does she need to do? Donna Locher: At this point, she's got a driveway that's legal and there's no driveways that can be wider than what she has now, so the vehicles either have to be parked on the cement driveway or in the garage, as you mentioned. They cannot be parked... Ms. Obasi: So you want me to pave...? Listen, you want me to pave, because that is my property, you want me to pave it? Because if you want me to pave it, then I'll do that and then pack my cars on top of it. I have people living in my house, I have tenants, they need space to park their cars. Donna Locher: No ma'am, you can't put any asphalt or any more cement on there, you can only have the cars that'll fit in the driveway or the garage. Where the maroon Audi was... Ms. Obasi: I still have... Listen, no. Beside my driveway, I have four feet which my garage widens out to that I can put... That is where I put the concrete and that is where I park my car, it's just only two cars parked over there. Do I pave it or do I leave it with concrete? That is what I want to know. Donna Locher: You need to quit using it for parking. It's not allowed. Ms. Obasi: Obasi (Completed 05/02/23) Transcript by Rev.com Page 12 of 20 Why? That is my property, I pay tax on it. Phil Olbrechts: Okay. All right. Well, okay, Ms. Obasi, that is the staff's interpretation of the renton ordinances are that you cannot widen your driveway, you can only park your vehicles on your driveway or the street. That's their position. When I write up my decision, I'll look up the codes. Ms. Obasi: Why other people can park cars anywhere, I cannot even widen my own, even though it's my own property? Phil Olbrechts: That's the position Ms. Locher's taking. Like I said, when I write my decision, I'll look at the laws adopted by the city and see if I agree with the city's interpretation of those laws. If there's a way you can widen your driveway, I'll mention that in my decision. But if the city council has adopted laws that say you can't widen your driveway, that's what the law is. Like I said, I... Ms. Obasi: But that's... I want to know why. Other people they do and they park four cars in front of their house, why can't I park four cars in front of my own house? Phil Olbrechts: Right. Well, like I said, I... Ms. Obasi: If I have the space. Phil Olbrechts: I'm not in a position to argue why the city council adopted the laws that they did, I'm just here to tell... Ms. Obasi: Can you ask them why? Can they tell me why? Phil Olbrechts: I'll, yeah... Ms. Obasi: Who can I ask to tell me why? Phil Olbrechts: Well, after I've had a chance to look at those laws, I'll write my decision why if I can see what the reason is. But at this point, the city's position is that the city's laws say you can't widen your driveway. I'm the judge, I just have to look and find out if the city's correct in their interpretation of that law. I'll explain that in my decision... Obasi (Completed 05/02/23) Transcript by Rev.com Page 13 of 20 Ms. Obasi: This is injustice. Every other person widening their driveway, they park four cars in front of their house, I can only park three when I have a position to park another one. They said I was using it back, I changed it to gravel, the gravel is not okay with her. This is injustice. Phil Olbrechts: Okay, well like I said, I'll see what the law is and write that out in my decision. But Ms. Obasi, if you want to present any evidence, I need to swear you in at the... Excuse me, did you have any other questions of Ms. Locher? Ms. Obasi: Say that again, Judge. Phil Olbrechts: Okay. What was that? Ms. Obasi: What did you ask me? Phil Olbrechts: I'm asking if you have any more questions of Ms. Locher before you present your side of the case. Ms. Obasi: No, I don't. I just want to know why I cannot park cars on the ground that I pay taxes on. Phil Olbrechts: Okay. Yeah, I understand. Ms. Obasi: It doesn't make no sense. Phil Olbrechts: I understand your position there. Okay, well at this point, let me swear you in if you're going to present any evidence. Do you swear and affirm to tell the truth and nothing but the truth in this proceeding? Ms. Obasi: I do. Phil Olbrechts: Okay, great. Yeah, you can just go ahead and tell us what you want to say on your case. Ms. Obasi: Obasi (Completed 05/02/23) Transcript by Rev.com Page 14 of 20 Okay. Initially the people that live beside me on 1607 or whatever, the lady has a brother that works with the state police department. The lady... Me, I do not mingle with no one. I do not mingle with nobody, I just go to work, come home, go to my house and sleep. I do my own thing. My brother, yes, he's a problem. He tried to talk with everybody. My next neighbor lady, the guy met the lady on thee internet and then the lady moved in here, and then the lady tried to be like a dog, going to everybody. But I told her she should mind her own business, I strictly stick to my own self, I think she got offended with that. They said her brother is in the police force, which I don't give a damn. They said [inaudible 00:24:56] trying to oppress me, which doesn't make any sense to me. Then I was still working as a nurse, I hadn't started my car business. When I got a license to do my car business, I had an office and everything. Donna, they went and told Donna that I'm operating my business from my home, which is a lie. I explained to Donna I wasn't operating my business from 1608, I have an office in Auburn. Then she still went and reported me to the DOL and they conducted an investigation and they hold my license for two months, which after they finished the investigation, they released my license, and doing that was saying the truth because I have a business premises. I used to use, what do you call it? Dealers tell me to drive my car around. Donna went and reported me, which I didn't know. I'm a new brand dealer, I didn't know better. But the lady that did the investigation, she corrected me and told me that I can only use my dealer plate to move my cars to a mechanic or wherever I want to move it, the dealers plate. That being said, I have five dealers plates. When those plates are active and I put them on my cars that I take to mechanics, detailers, body shops and everything because that is what DOL, Department of Licensing, told me that I can use my dealer plates to move my car around. If I have an active license with my dealers plates, I can park my cars on the street, the Department of Licensing told me. I tried to explain to Donna, but even she still sticks with her old [inaudible 00:26:54] trying to make my job hard. But because I park on the street, all of them have dealers license on them, but that is for me to be able to get them from my house, get into the car and take them to the mechanic or body shop or detailing to get them ready for sale. When they're ready for sale, they go to Auburn where they're being sold. Donna sent me a letter telling me to seize every operation, selling cars from Renton. I don't sell cars yet, I live here. But the cars that I fix, they stay with me till I get them done, then I take them to Auburn, and that is why I have dealers plates on them, and then she's saying that none of them have plates. I have some of them that she said. I do not put them outside, because I had a very bad experience when I started my dealership, I lost my three dealers plates when they mailed these to my address in Auburn. Most of my mails come here in my house because it's a secured mail, but all my business is done in Auburn. I wrote her a letter three times or two times, I sent to her that I don't do business here. I live here, but I take my cars back and forth to a mechanic. I can't get up in the morning, drive to Auburn to bring a car to come and fix in Renton because that is stupid, I'm not going to do it. When I have the dealers plates, I put it on the car and I take it back and forth to the mechanic. When they are done, I take it to where they're being sold. I explained it to her, but she still doesn't want to listen to it. Phil Olbrechts: Okay. Now, Ms. Locher, just for clarification, the unlicensed vehicles you're talking about, is it just the Chevrolet and the maroon Audi? Is that correct? Donna Locher: Correct. Obasi (Completed 05/02/23) Transcript by Rev.com Page 15 of 20 Phil Olbrechts: Okay. Ms. Obasi, let me speak. The two vehicles... Ms. Obasi: [inaudible 00:28:49] in my car. Phil Olbrechts: Ms. Obasi, please let me speak. The two vehicles we're talking about not being licensed, we're not talking about the dealer plates, we're talking about the Chevrolet that doesn't have a plate on it, the Chevrolet 300. Ms. Obasi: It has a plate. It has my dealers plate on it, the Chevrolet. Phil Olbrechts: The Chevrolet 300 does? Ms. Obasi: The maroon was not on the street. Yes, it still has the dealers plate now. I'll go out and take a picture for you. The maroon... Phil Olbrechts: Where is the... On the Chevrolet 300, because I'm looking at a picture from November 3rd, 2022, it shows no plate on the rear. Are you saying is there a plate in the vehicle or something? Ms. Obasi: It's inside the glass on top. I don't put them outside because I don't want to lose my dealers plates. I told you I lost three dealers plates when I started my business, so I put them inside the car, on the window inside the car, not on the bottom. Phil Olbrechts: Okay, and then is that the same with the maroon Audi? Ms. Obasi: The maroon Audi was not on the street, it was outside the street, it doesn't have to have it... Phil Olbrechts: The Chevrolet... Yes, but it's also illegal to have a vehicle parked on your front yard without plates. In November of 2022... Ms. Obasi: The maroon was... Listen. Hold on, Judge. The Audi belongs to my husband, that is not my car, so why should I suffer for something that belongs to somebody else? Obasi (Completed 05/02/23) Transcript by Rev.com Page 16 of 20 Phil Olbrechts: Okay, but you do because you're the owner of the property. Does that maroon...? Ms. Obasi: No, the house belongs to me and my husband. That's his house too. Phil Olbrechts: All right. Ms. Obasi: He parks it and travels, that is not my... I explained it to Donna. That car doesn't belong to me, it belongs to my husband. Phil Olbrechts: Okay. All right. Okay, Ms. Locher, do you have any questions of Ms. Obasi? Donna Locher: No, but I just wanted to make it clear. This is not about your business on this hearing, Ms. Obasi, that's going to be a different subject. This is just about the parking and the unlicensed vehicles only. Ms. Obasi: When I park the car on the street, I know the rules and regulations, I'm not stupid. When I park the car on the street, I put my dealer license on the car. But when the car is not on the street, it doesn't have to have no license. If the car is on my driveway, it doesn't have to have no license on it. Donna Locher: Yes ma'am, it does. It needs to be currently licensed if it's parked on the street or on the driveway. Ms. Obasi: No, not on my driveway when I'm not driving it. If I have a car that I bought, I'm still fixing, it has to be fixed and go to state patrol before I get the license, I can park it on my driveway. That is my own driveway. But if I park it on government property, then it will have a license to be on government property, and that is when my dealers plates come into play, because when they're inspecting them, that is what the Department of Licensing told me. That is why I have the dealers plate, I have five of them. If I have something I'm still fixing... Phil Olbrechts: Okay, Ms. Obasi, the problem is you're talking to Department of Licensing about state licensing laws, Ms. Locher's talking about city laws. City laws don't allow licensed vehicles to be parked in the front yard. Anyway, Ms. Locher, did you have any questions? Ms. Obasi: But that is my car. If I buy a car and it's not licensed, then I cannot park it in front of my driveway? Obasi (Completed 05/02/23) Transcript by Rev.com Page 17 of 20 Phil Olbrechts: That's right, because the city council for the neighborhoods of the city of Renton don't want to see houses with a bunch of cars parked in front. People living in residences want to believe they're living in residential neighborhoods, not commercial areas that are full of cars parked on them. Ms. Obasi: If you have eight people living in a house, you cannot have eight cars in that house? Phil Olbrechts: Well, it's... Ms. Obasi: Is that what you guys are trying to tell me? Phil Olbrechts: Well, part of the law, at least the way the city... Like I said, I still have to review this for my decision, but the city's interpretation of the city regulations are that if you have cars parked on your property it has to be parked on an established, legally approved driveway and can't be parked on gravel. The city is saying you're not allowed to... Ms. Obasi: My Chevrolet is parked in front of my garage. Phil Olbrechts: All right. Ms. Obasi: It is legally parked in the driveway. Phil Olbrechts: I understand your position, Ms. Obasi, and I'll look into it. But Ms. Locher, do you have any other questions of Ms. Obasi? Donna Locher: I do not. Thank you. Phil Olbrechts: Okay. All right. Okay. Ms. Obasi, is that everything you wanted to say at this point? Ms. Obasi: Well, I'm saying that my car is parked on my driveway in front of my garage. She's talking about the Chevrolet, the Chrysler, it's parked on my driveway. The one on the street has my dealers plate on it inside the window, and I drive it like that. Police comes behind me, they see it, and they know it's legit Obasi (Completed 05/02/23) Transcript by Rev.com Page 18 of 20 and then they leave me alone. I don't have to put it outside because I'm scared I'm going to lose my dealers plate. I don't put it outside, so I put it inside the window where I can lock the doors. Phil Olbrechts: That's the Chevrolet 300, you're saying, and with the dealer plates, correct? Ms. Obasi: That's it. That's what, yeah. Phil Olbrechts: Okay. Ms. Locher, is it possible that the plates were inside the car as opposed to outside for the Chevrolet? Donna Locher: It could have been, but I never heard from Ms. Obasi, I never saw the plates in the window, so that would make me come to the conclusion that there was no license. But yes. Phil Olbrechts: Okay. All right. Anything else from the city? Ms. Obasi: Even here today, I drove that car to City Hall, the license plate is inside the car. I don't put it... I lost three licensed dealers plates. With this business, you don't want to keep losing plates because they're going to suspect you, so that is why I put them inside and I lock the doors, I don't put them outside. Phil Olbrechts: Okay. I understand what you're saying. All right. Ms. Locher, anything else? Donna Locher: No, thank you. Phil Olbrechts: Okay. All right. I'll go ahead and close the hearing. Well, Ms. Locher, one thing... I mean, Ms. Obasi, couldn't she get a building permit to widen her driveway and then if she gets the building permit approved, then use the entire driveway to park vehicles or...? Donna Locher: There's a certain width, and I would have to look it up, but she doesn't have a very wide front yard, so no. Ms. Obasi: But I do. Phil Olbrechts: Obasi (Completed 05/02/23) Transcript by Rev.com Page 19 of 20 Ms. Obasi, please don't... Ms. Obasi: The place I put concrete is where I want to put whatever you guys want so I can park my extra car, one car there, that will make it four cars on my driveway. That's all I want, but that's my land. Phil Olbrechts: Okay. Ms. Locher, you're saying that it's possible that... I mean, Ms. Obasi is saying that right now the driveway doesn't span the width of her garage, I guess. You're saying that if she were to try to have the driveway extend the width of the garage, it may get into the setback where a driveway wouldn't be allowed or...? Donna Locher: Correct. Phil Olbrechts: Okay. All right, well just on the more general principle though, if there weren't a setback issue and the zoning laws allowed her to expand the width of her driveway, then she could expand it and park her vehicles on it, right? Donna Locher: Correct. Phil Olbrechts: That's something she could talk to the planning department and figure out if the planning department says, "Yes, you can widen your driveway," then she could. Okay. All right. Donna Locher: Sure. Phil Olbrechts: Ms. Obasi, that's it. I mean, you might want to just confirm with the planning department if it's allowable for you to widen your driveway. If it is, then you could park your vehicles on that widened driveway. I know at the very least you probably still have that option. But like Ms. Locher is saying, your lot, it might be a bit narrow and the side yard setback may not allow your driveway to be widened. Ms. Obasi: I have a big ass house, I have a garage that takes three cars, there is no way, if you can take three inside, I can be able to park outside of my lot. I have called the people that marked the land, they've already... My land, they already marked it. Why are they not letting me...? She told me, I was [inaudible 00:37:01], I changed it to concrete, the concrete is not okay. Because I know on the paperwork they sent to me, they said you can put concrete on the floor and then you can use it to park your car. That is what I did. But if she said it's not okay, I want to know what is okay so I can do it to park my extra car there, because I have people living in my home. Obasi (Completed 05/02/23) Transcript by Rev.com Page 20 of 20 Phil Olbrechts: Well, I'll look into. Like I said, I'll look at the city's laws and see if gravel is okay, if widening your driveway, that kind of thing. I can just tell you right now from what I know, that if a planning department tells you you can widen your driveway and you get the permits to widen your driveway, that you'll be able to use that widened driveway to park. Whether gravel or anything else works, that's something I still have to look into when I look at the city laws. But like I said, if it's possible for you to widen your driveway under the city's laws, then you can use that widened driveway to park more cars. That, I can tell you. Ms. Obasi: Thank you. Phil Olbrechts: That's probably true. But if there's any other way you can do it, I'll look at the laws and see, but that's my job to figure this out. I'll write that out. Ms. Obasi: Thank you so much. I appreciate it. Phil Olbrechts: Okay. All right. Thank you everybody for participating today. We're adjourned for this morning, so have a good day. Donna Locher: Thank you. You too. Phil Olbrechts: Thank you.