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HomeMy WebLinkAboutHolm Decision Denis Law Mayor City Clerk-Jason A.Seth,CMC March 21, 2018 Mr. John Holm 4611 130th Avenue SE Bellevue, WA 98006 Re: Hearing Examiner's Decision Code Case No: CODE-17-000477 Dear Mr. Holm: I have attached the Hearing Examiner's Decision dated March 20, 2018, in the above referenced matter. If you have any questions or concerns, please feel free to contact me. Sincerely, Jason . Seth City Clerk cc: Hearing Examiner Craig Burnell, Building Official Donna Locher, Code Compliance Inspector Robert Shuey, Code Compliance Inspector Alex Tuttle, Assistant City Attorney Chip Vincent, CED Administrator Angie Mathias, Long Range Planning Manager Sandra Pedersen, Finance 1055 South Grady Way, Renton,WA 98057 • (425)430-6510/Fax (425)430-6516 • rentonwa.gov BEFORE THE HEARING EXAMINER OF RENTON DECISION FILE NUMBER: FOV#: CODE17-000477 VIOLATION ADDRESS: 355 Rainier Ave N Renton, WA 98057 PROPERTY OWNER: John Holm 4611 130th Ave SE Renton, WA 98006 REVIEW AUTHORITY: City of Renton TYPE OF CASE: Appeal of Finding of Violation RULING: Finding of Violation sustained; $100 fine due by April 27, 2018. SUMMARY Mr. Holm has appealed a Finding of Violation asserting that he has failed to remove graffiti from property owned by him. The Finding of Violation is sustained. The$100 fine imposed by the Finding of Violation is due and payable to the City of Renton by April 27,2018. HEARING The hearing on the appeal was held on February 20, 2018 at the Renton City Hall Council Chambers, 1055 South Grady Way, Renton, WA 98057. TESTIMONY Donna Locher, code enforcement officer, summarized the Finding of Violation. She noted the graffiti has been removed since issuance of the Finding of Violation. EXHIBITS Exhibits 1-5 identified in the staff's exhibit list were admitted into the record during the hearing. The Appellant did not appear. Code Enforcement Decision - 1 FINDINGS OF FACT 1. Site and Owner. The violation site is located at 355 Rainier Ave N Renton, WA 98057 The site is owned by John Holm. 2. Appeal. Mr. Holm appeals a Finding of Violation issued on December 12, 2017 for violations based upon a site visit by City staff taken on December 11, 2017. For that date, the Finding of Violation asserts violation of International Property Maintenance Code ("IPMC") Section 302.9 (failure to remove graffiti). The Finding of Violation imposed a $100 fine. Mr. Holm filed an appeal of the Finding of Violation on December 20, 2017. 3. Graffiti. As shown in a photograph of the violation site taken on December 11,2017, Ex. 4, the violation site had graffiti spray painted on an exterior wall. As depicted in the Code Compliance Narrative, Ex. 1, Mr. Holm was issued a Warning of Violation on October 31, 2017 and a second Warning of Violation on November 28, 2017, directing him to remove the graffiti. Mr.Holm did not remove the graffiti prior to issuance of the Finding of Violation dated December 20, 2017. CONCLUSIONS OF LAW 1. Authority of Examiner: The Hearing Examiner has the authority and jurisdiction to review code violation as provided in RMC 1-3-2. 2. Code Violation: The Finding of Violation of this case (Ex. 4) is based upon the violation of Renton Municipal Code regulations, specifically RMC 4-5-130(A), which adopts IPMC 302.9. Applicable code sections are quoted below in bold italics and applied through associated Conclusions of Law. International Property Maintenance Code Section 302.9 as adopted by RMC 4-5-130(A): No person shall willfully or wantonly damage, mutilate or deface any exterior surface of any structure or building on any private property by placing ay marking, carving or graffiti. It shall be the responsibility of the owner to restore said surface to an approved state of maintenance and repair. 4. The Appellant is found to be in violation of International Property Maintenance Code Section 302.9. As determined in Finding of Fact No. 3, the Appellant failed to remove graffiti located on his property, despite receiving two Warnings of Violation requiring removal. DECISION The graffiti violation asserted in the Finding of Violation, Ex. 4, is sustained. The $100 fine is sustained and must be paid by April 27, 2018. Code Enforcement Decision-2 Decision issued March 20, 2018. Phi A.Olbrechts 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-3