Loading...
HomeMy WebLinkAbout07-08-2025 - HEX Decision - Kazem Code ComplianceOFFICE OF THE HEARING EXAMINER CITY OF RENTON REPORT AND DECISION – APPEAL OF NOTICE OF VIOLATION AND ORDER TO CORRECT (CODE 24-000547) Appellant: Brian Kazem 2315 Blaine Ave. NE Renton, WA 98056 Alleged Violation: Graffiti Location of Violation: 2315 Blaine Ave NE Renton, WA 98056 Public Hearing: May 13, 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 Brian Kazem has appealed a Notice of Violation (NOV) alleging that he has failed to remove graffiti on his property. Mr. Kazem did not appear at his appeal hearing. The NOV and associated $250 fine is sustained. HEARING TESTIMONY Mr. Kazem failed to appear at the hearing. The hearing was left open for ten minutes for his appearance. The City Clerk has confirmed that Mr. Kazem did not contact the City to reschedule. Cindy Moya, asst. City Clerk, testified that notice of the hearing was mailed to Mr. Kazem. EXHIBITS Exhibits 1-5 identified in the City’s Exhibit List are admitted as exhibits for this decision. Appeal of Finding of Violation Page 2 FINDINGS OF FACT 1.Appellant. Brian Kazem, 2315 Blaine Ave NE, Renton, WA 98056 2.Property. 2315 Blaine Ave NE, Renton, WA 98056 3.Finding of Violation. A Notice of Violation and Order to Correct (“NOV”) was issued to Mr. Kazem on February 12, 2025. The NOV asserts that Mr. Kazem has failed to remove graffiti from his property as required by RMC 4-5-130. 4.Appeal. Mr. Kazem filed his appeal of the NOV on February 26, 2025. 5.Graffiti. It is undisputed that black spray painted symbols were painted onto Mr. Kazem’s fence at 2315 Blaine Ave NE as shown in photographs taken on August 13, 2024; October 1, 2024, January 2, 2025 and February 11, 2025. See Ex. 2-5. Warnings of violation for the graffiti had been previously sent to Mr. Kazem on August 14, 2024 and October 3, 2024. As outlined in Ex. 1, Mr. Kazem informed Donna Locher, Renton Compliance Inspector, that he didn’t agree that he had to remove the graffiti. 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: RMC 4-5-130 adopts the 2018 edition of the International Property Maintenance Code (IPMC). Violation of IPMC 302.9 is alleged in the NOV. IPMC 302.9 is quoted in italic below and applied via an association conclusion of law. IPMC 302.9: A person shall not willfully or wantonly damage, mutilate or deface any exterior surface of any structure or building on any private or public property by placing thereon any marking, carving or graffiti. It shall be the responsibility of the owner to restore said surface to an approved state of maintenance and repair. 3.Violation Committed. The fence pictures shown in Ex. 2-5 clearly show that Mr. Kazem’s fences have been defaced by spray painted markings. Mr. Kazem has failed to remove the graffiti despite two warnings of violation and other contacts by City code enforcement. The alleged violation of IPMC 302.9 is found committed. DECISION The Finding of Violation (CODE 23-000547) is sustained, and the appeal is denied. The $250 fine imposed by the NOV shall be paid by August 8, 2025. Appeal of Finding of Violation Page 3 ORDER TO CORRECT Mr. Kazem is ordered to remove the graffiti on the fences at 2315 Blaine Ave, Renton, by 5 pm August 8, 2025. Failure to correct as ordered may subject the 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.