Loading...
HomeMy WebLinkAbout07-08-2025 - HEX Decision - CE -- No Bldg Permit -- PDA LLC OFFICE OF THE HEARING EXAMINER CITY OF RENTON REPORT AND DECISION – APPEAL OF NOTICE OF VIOLATION AND ORDER TO CORRECT (CODE 23-000593) Appellant: DK Market/PDA LLC 720 Lind Ave SW Renton, WA 98057 Alleged Violation: No building permit for walk-in cooler. Location of Violation: 720 Lind Ave SW Renton, WA 98057 Public Hearing: April 8, 2025 Decision: Notice of Violation sustained. Corrective action: File timely construction permits and remove cooler or have it approved with required building permits within timelines specified at end of this decision. SUMMARY OF DECISION PDA LLC has appealed a Notice of Violation (NOV) alleging that it has installed a walk-in cooler without a required building permit. PDA doesn’t dispute the violation but rather notes that it has had problems getting the installation manual it needs to acquire necessary permits. At the April 28, 2025 hearing the City stated it would be willing to waive the $250 fine if the cooler is removed within 60 days of permit approval. Given that more than 60 days has elapsed since the hearing, the Appellant will be given 30 days from permit approval to remove the cooler to have the fine waived. HEARING TESTIMONY A computer-generated transcript of the hearing has been prepared to provide an overview of the hearing testimony. The transcript is provided for informational purposes only as Appendix A. EXHIBITS Exhibits 1-13 identified in the City’s Exhibit List were admitted during the April 8, 2025 hearing. Appeal of Finding of Violation Page 2 FINDINGS OF FACT 1. Appellant. DK Market/PDA LLC, 720 Lind Ave SW, Renton, WA 98057. 2. Property. 720 Lind Ave SW, Renton, WA 98057. 3. Finding of Violation. A Notice of Violation and Order to Correct Third Notice (“NOV”) was issued to DK Market/PDA LLC on January 7, 2025. The NOV asserts that a single-family home was remodeled without a building permit as required by RMC 4-5-060. 4. Appeal. PDA LLC filed an appeal of the FOV on July 22, 2024. 5. Unpermitted Improvements. It is undisputed that a walk-in cooler was installed at the violation site without a required building permit. CONCLUSIONS OF LAW 1. Authority of Examiner: The Hearing Examiner has the authority and jurisdiction to review code violations as provided in RMC 1-10-3C5. 2. Code Violation: The code violation identified in Finding of Fact No. 3 is quoted below and applied to this appeal via a corresponding conclusion of law. RMC 4-5-060(E)(1)): 105.1 Required. Any owner or owner’s authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by the Construction Codes and the Construction Administrative Code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit. 3. Appellant in Violation. The Appellant has violated RCW 4-5-060(E)(1) for failing to acquire building permit approval for the installation of a walk-in cooler as determined in Finding of Fact No. 5. As noted in the NOV, RMC 4-5-060A2a identifies the International Building Code (“IRC”) as comprising part of the City’s “Construction Codes.” The IBC requires a building permit for the cooler and the Appellant doesn’t contest this fact. Consequently, since the Appellant failed to acquire a “required permit” under Section 105.1 as quoted above, his is in violation of RMC 4-5-060(E)(1). 4. Waiver of Fines. RMC 1-10-5C5 authorizes the hearing examiner to modify fines considering factors such as the nature of the offense, the impact on the neighbors, neighborhood, or community and the need to discourage such conduct, inactivity or neglect. At hearing the City has agreed to waive the fine if the Appellant acquires the necessary permits and/or lawfully removes the cooler. Appeal of Finding of Violation Page 3 DECISION The Finding of Violation (CODE 23-000593) is sustained, and the appeal is denied. The $250 fine imposed by the NOV shall be waived if corrective action is completed within the timeframes required below. ORDER TO CORRECT The Appellant is required to file complete a application for a building permit for the installation of the cooler installed at the time of the April 8, 2025 hearing or a complete building permit application to have it removed. If the application has not yet been filed, it shall be filed by July 31, 2025. If the permit is for removal of the cooler that was installed at the time of the April 8, 2025 hearing, the cooler shall be removed within 30 days of permit approval. If no permit is required for removal of the cooler in place on April 8, 2025, the cooler shall be removed by August 8, 2025. Complete applications for required mechanical, electrical and all other required construction permits shall also be filed within the later of 30 days of notice from City staff or July 31, 2025. City staff shall have the authority to extend deadlines as reasonably necessary. Failure to correct as ordered may subject the Violator (Appellant) to criminal prosecution authorized by RMC 1-10-7A1. Failure to comply with an Order to Correct can be prosecuted as a misdemeanor. Per RMC 1-10-7A2, if a Violator is found guilty beyond a reasonable doubt, the Violator shall serve no less than five (5) days in jail for the first conviction, no less than ten (10) days for the second conviction, and no less than thirty (30) days for any subsequent conviction. A Violator shall not be eligible for Electronic Home Detention or any other alternative to jail time. DATED this 8th day of July, 2025. Hearing Examiner NOTICE OF RIGHT TO APPEAL 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.