HomeMy WebLinkAbout10-11-2024 - HEX Order of Dismissal -- Dang
Order of Dismissal
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THE HEARING EXAMINER OF THE CITY OF RENTON
IN RE:
Sinh Ngoc Dang
Administrative Appeal of Notice of
Violation and Order to Correct Third Notice
Code No. CODE-23-000023
ORDER DISMISSING APPEAL AS
UNTIMELY
Whereas, Sinh Ngoc Dang, Appellant, filed an appeal of the above-captioned
Notice of Violation by mail post-marked June 29, 2024; and
Whereas Donna Locher, a City of Renton code enforcement officer, advised by
email dated July 11, 2024 that she had mailed the Notice of Violation to Appellant on
June 5, 2024 and that she wished to have the appeal dismissed as untimely; and
Whereas, Ms. Locher’s July 11, 2024 email along with a picture of the
Appellant’s June 29, 2024 post-marked appeal envelope was emailed to the Appellant
and the Appellant was given an opportunity to respond to Ms. Locher’s request for
dismissal; and
Whereas, the Appellant did not deny that the appeal was untimely but rather
suggested that the Appellant was out of town when the Notice of Violation came in; and
Whereas, RMC 1-10-5(B)(1) requires appeals of notices of violation to be filed
within 15 days of issuance; and
Whereas, allowing for the addition of three days to the mailing of the Notice of
Violation as specified in Superior Court Civil Rule 5b2A for the service of mailed
documents, the Appellant’s appeal should have been post-marked 18 days from the day
the Notice of Violation was mailed, which would have been June 23, 2024; and
Order of Dismissal
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Whereas, the Appellant’s June 29, 2024 appeal is found to be untimely for
failing to be mailed to the City by June 23, 2024
NOW, THEREFORE,
Order
Sinh Ngoc Dang’s appeal of the Finding of Violation for the above-captioned
matter is dismissed as untimely for failing to meet the appeal deadline set by RMC 1-
10-5(B)(1).
ORDERED this 11th day of October 2024.
City of Renton Hearing Examiner
Appeal Right
This order is a final decision and is appealable to superior court within 21 days of the
issuance of this order as governed by the Washington State Land Use Petition Act,
Chapter 36.70C RCW.