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Home My WebLink About10-21-2025 - HEX Decision - Newland Code Enforcement BEFORE THE HEARING EXAMINER OF RENTON FINAL DECISION -- APPEAL OF FINDING OF VIOLATION AND ORDER TO CORRECT FAILURE TO COMPLY WITH CORRECTION ORDER CAN RESULT IN INCARCERATION FILE NUMBER: CODE24-0000437 SITE OF VIOLATION: 17040 123rd Ave SE Renton, WA 98058-6043 PROPERTY OWNER: Richard Newland 17040 123rd Ave SE Renton, WA 98058-6043 REVIEW AUTHORITY: City of Renton TYPE OF CASE: Appeal of Notice Violation (NOV); three charges. DISPOSITION: Appeal Denied. City withdrew rodent charge; outdoor storage and litter charges sustained; $400 fine imposed. INTRODUCTION Richard Newland appeals a Notice of Violation and Order to Correct Second Notice, CODE24- 000437 (“NOV”). The NOV asserts three violations, specifically (1) harboring rodent infestation; (2) prohibited outdoor storage; and (3) litter on premises. The City withdrew the rodent charge. The storage and litter violations are sustained for fines of $200 each. Mr. Newland shall also abate the violations by November 28, 2025 or face potential criminal prosecution. TESTIMONY Sheila Madsen, City of Renton Code Compliance Inspector, testified on behalf of the City. She introduced Exhibit 19, a set of seven photographs of the violation site Ms. Madsen took the morning of the October 7, 2025 hearing. No one else testified. Mr. Newland did not appear at the hearing. EXHIBITS The staff’s exhibit list identifying 18 exhibits were admitted during the October 7, 2025 hearing. An additional seven photographs of the violation site were entered as Exhibit 19 during the hearing. FINDINGS OF FACT 1. Violation Site. The violation site is 17040 123rd Ave SE, Renton, WA 98058-6043. Richard Newland is the owner. 2. Notice of Violation. The NOV under appeal was issued on August 14, 2025. It alleges three violations, specifically (1) harboring rodent infestation (RMC 4-5-130A, IPMC 302.5); (2) prohibited outdoor storage (RMC 4-5-130B4); and (3) litter on premises (RMC 6-14-19). 3. Violation No. 1 Rodent Infestation. At the appeal hearing, Ms. Madsen withdrew the rodent infestation charge. 4. Violation No 2 Outdoor Storage. On August 14, 2025 the violation site stored the following items outdoors within the front of the residence: cardboard boxes, plastic buckets, plastic tubs, coolers, cleaning materials and other items. These items were documented by photographs taken by Ms. Madsen on August 14, 2025, Ex. 16. Photographs taken by Ms. Madsen on October 7, 2025 show the same type of items stored outdoors with no visible reduction in the storage. Ex. 19. 5. Violation No 3 Litter. On August 14, 2025 the outdoor front entryway to the residence of the violation site was littered with paper, cardboard, and plastic bags. These items were documented by photographs taken by Ms. Madsen on August 14 and August 15, 2025, Ex. 16 and 17. Photographs taken by Ms. Madsen on October 7, 2025 show the same type of items stored outdoors with no visible reduction in the storage. Ex. 19. 6. Compliance History. Mr. Newland was first issued a Warning of Violation on July 11, 2024 with six alleged violations. A Warning of Violation Second Notice was issued on February 26, 2025 for four violations. A Notice of Violation was issued on April 23, 2025. 7. Hearing. A hearing on the subject appeal was held on October 7, 2025 at 10:00 am. 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 R6. 3. Code Violations: The Finding of Violation of this case (Exhibit 4) is based upon the code violations identified in Finding of Fact No. 2. The text of each code citation is quoted in italics below and applied via an associated conclusions of law. Violation No. 1 RMC 4-5-130A: IPMC 302.5 Rodent Harborage: Structures and exterior property shall be kept free from rodent harborage and infestation. Where rodents are found, they shall be promptly exterminated by approved processes that will not be injurious to human health. After pest elimination, proper precautions shall be taken to eliminate rodent harborage and prevent reinfestation. 4. Withdrawn. The City withdrew Violation No. 1 from the NOV at the October 7, 2025 appeal hearing. Violation No. 1 is dismissed on that basis. Violation No. 2 RMC 4-5-130(B)(4): Section 308 is deleted in its entirety and replaced with a new Section 308 Residential Outdoor Storage, which shall read as follows: 308 Residential Outdoor Storage: … 308.3 Prohibited areas for outdoor storage: Outdoor storage is prohibited on residentially zoned property in the following areas: Front yards Side yards Slopes greater than 15% Designated open spaces or restricted areas Critical areas, including wetland, streams and associated buffer areas … 5. Violation Committed. Mr. Newland engaged in outdoor storage in violation of IPMC 308.3 as quoted above on August 14, 2025. RMC 4-11-250 defines the front yard as the “yard requirement” that separates a structure from public right of way. The width of front yards are set by zoning district. The International Property Management Code (IPMC) defines a “yard” as “[a]n open space on the same lot with a structure.” Combining these definitions, it appears that the “front yard” as designated in the IPMC as the area between the residence of the violation site and the public right of way, i.e. 123 Ave SE. Applying the definition, it is concluded that the items identified in Finding of Fact No. 4 were stored outdoors in the front yard of the violation site in violation of IPMC 308.3 as adopted by RMC 4-5- 130(B)(4). As owner of the violation site, Mr. Newland is responsible for the violation and subject to violation penalties and abatement as outlined in RMC 1-10-2H and N. Violation No. 3 RMC 6-14-19: The owner or person in control of any private property shall at all times maintain the premises free of litter. Provided, however, that this Section shall not prohibit the storage of litter in authorized private receptacles for collection. 6. Violation Committed. The violation is found committed. RMC 6-14-2 defines litter as: Garbage, refuse and rubbish as defined herein and all other waste material which, if thrown or deposited as herein prohibited, tends to create a danger to public health, safety and welfare. RMC 6-14-2 defines rubbish to include both combustible and noncombustible wastes, such as paper, wrappings, cardboard and similar materials. The paper, cardboard and plastic bag waste stored in piles in the outdoor doorway entrance area of the violation site identified in Finding of Fact No. 5 qualifies as rubbish and therefore litter as identified in RMC 6-14-19. The litter was not stored in authorized containers. The litter was thus stored in violation of RMC 6-14-19. As owner of the violation site, Mr. Newland is responsible for the violation and subject to violation penalties and abatement as outlined in RMC 1-10-2H and N. 7. Fines. RMC 1-10-5C5 authorizes the Examiner to reduce fines. There is no basis for fine reduction. As identified in Finding of Fact No. 6, Mr. Newland has a long history of repeated code violations. As far as the record shows he has made little or no effort to abate the violations. DECISION Violations No. 2 and 3 of the NOV are sustained. A total of $400 in fines shall be paid to the City by November 30, 2025. ORDER TO CORRECT Mr. Newland shall complete all corrective action identified in the NOV for Violations No. 2 and 3 by November 14, 2025. Failure to correct as ordered shall subject Mr. Newland to criminal prosecution authorized by RMC 1-10-07. 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. The minimum penalty for the misdemeanor as set by RMC 1-10-07A2 is five days of jail for a first conviction and no eligibility for electronic home detention. Decision issued October 21, 2025. 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