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HomeMy WebLinkAbout11-13-2025 - M. Patrice Kent Declaration & Exhibits in Support of City's Motion to Dismiss - Untimely AppealDeclaration of M. Patrice Kent – Page 1 Renton City Attorney 1055 S. Grady Way Renton, WA 98057-3232 Phone: 425.430.6480 Fax: 425.430.6498 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BEFORE THE CITY OF RENTON HEARING EXAMINER IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON AUGUSTO ARRIAGA, Governing Person; AND ION RENTON, LLC, a Washington Limited Liability Company Appellant(s), v. CITY OF RENTON, a Washington municipal corporation Respondent. NOS. CODE23-000667 and CODE24-000670 DECLARATION OF M. PATRICE KENT IN SUPPORT OF RESPONDENT CITY OF RENTON’S MOTION TO DISMISS I, M. Patrice Kent, declare as follows: 1. I am over the age of 18 and am otherwise competent to testify as to all matters herein, and make the following statements based on my own personal knowledge. 2. I hold the title of Senior Assistant City Attorney for the City of Renton, Respondent in this action. On behalf of the City of Renton, I have been involved in the development of the Voluntary Correction Agreement subject to this appeal and Declaration of M. Patrice Kent – Page 2 Renton City Attorney 1055 S. Grady Way Renton, WA 98057-3232 Phone: 425.430.6480 Fax: 425.430.6498 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 am familiar with the documents sent to and received from Appellants regarding conditions at the premises and enforcement of the Voluntary Correction Agreement. 3.The documents attached as exhibits to this Declaration are part of the administrative record in this matter. 4.Attached hereto as Exhibit 1 is a true and accurate copy of the Voluntary Correction Agreement executed by the Appellant and Respondent to this matter on June 4, 2025. 5.Attached hereto as Exhibit 2 is a true and accurate copy of the Fourth Notice of Violation & Order to Correct issued to Appellant on January 10, 2025. 6.Attached hereto as Exhibit 3 is a true and accurate copy of the 48-Hour Notice of Noncompliance issued to Appellant on September 18, 2025. 7.Attached hereto as Exhibit 4 is a true and accurate copy of the Notice of Agreement Violation issued to Appellant on September 26, 2025. 8.Attached hereto as Exhibit 5 is a true and accurate copy of the email transmitting the Notice of Agreement Violation issued to Appellant on September 26, 2025. 9.Attached hereto as Exhibit 6 is a true and accurate copy of the receipts for mailing, and delivery confirmations of, the USPS Certified Mailing of the 48-Hour Notice and the Notice of Agreement Violation. 10.Attached hereto as Exhibit 7 is a true and accurate copy of the Fifth Notice of Violation & Order to Correct issued to Appellant on October 15, 2025. Declaration of M. Patrice Kent – Page 3 Renton City Attorney 1055 S. Grady Way Renton, WA 98057-3232 Phone: 425.430.6480 Fax: 425.430.6498 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 11. Attached hereto as Exhibit 8 is a true and accurate copy of the email sent to the CED Administrator by Appellant on October 15, 2025 notifying her of the instant Appeal. 12. Attached hereto as Exhibit 9 is a true and accurate copy of the Appeal Request filed by the Appellant and received by the City Clerk’s office. I declare under penalty of perjury of the laws of the State of Washington that the foregoing is true and correct. Dated this 13th day of November, 2025, and signed at Renton, Washington. By:____/s/ M/ Patrice Kent______ M. Patrice Kent, WSBA #42460 Attorney for City of Renton Declaration of M. Patrice Kent – Page 4 Renton City Attorney 1055 S. Grady Way Renton, WA 98057-3232 Phone: 425.430.6480 Fax: 425.430.6498 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 DECLARATION OF SERVICE I declare under penalty of perjury under the laws of the State of Washington that on November 13, 2025, a true and correct copy of the foregoing document, together with its 9 exhibits, was served upon the parties listed below via the method indicated: Plaintiff: Counsel for Plaintiff: Ian Morrison McCullough Hill, PLLC 701 5th Ave, Ste 6600 Seattle, WA 98104 EMAIL: imorrison@mhseattle.com ION Renton LLC c/o AAA Management LLC 1450 Frazee Rd., Ste 409 San Diego, CA 92108 Augusto Arriaga, Governing Person ION Renton, LLC 1450 Frazee Rd., Ste 409 San Diego, CA 91208 EMAIL: augusto@diamond-electronics.com Chris Kelly, Construction Manager AAA Management 1450 Frazee Rd., Ste 409 San Diego, CA 91208 EMAIL: ckelly@aaamanagementllc.com [X] E-mail [X] United States Mail [ ] Legal Messenger [ ] Other Agreed E-Service DATED this 13th day of November 2025, at Renton, Washington. Melissa Carasa, Legal Analyst EXHIBIT 1 (June 2025) VOLUNTARY CORRECTION AGREEMENT BETWEEN ION RENTON, LLC AND CITY OF RENTON 6/4/25 EXHIBIT 2 (January 10, 2025) FOURTH NOTICE OF VIOLATION & ORDER TO CORRECT Fourth Notice of Violation & Order to Correct Armondo Pavone, Mayor Community & Economic Development Gina Estep, Administrator ISSUED TO: ION Renton, LLC 1450 Frazee Rd., Ste 409 San Diego, CA 92108 ION Renton, LLC, C/O Governing Person Augusto Arriaga 1450 Frazee Rd., Ste 409 San Diego, CA 92108 COPIED TO: ION Renton, LLC, C/O Registered Agent Cogency Global, Inc. 1780 Barnes Blvd SW Olympia, WA 98512-0410 Complianceteam@cogencyglobal.com COPIED TO: ION Renton, LLC, C/O Construction Manager Chris Kelly 1450 Frazee Rd., Ste 409 San Diego, CA 92108 ckelly@aaamanagementllc.com DATE: January 10, 2024 CODE CASE(S): CODE 23-000667 CODE 24-000670 PROPERTY OWNER/TAXPAYER: ION Renton, LLC PREMISES SUBJECT TO THIS NOTICE & ORDER: Tax Parcel ID 7564600055 Commonly Called: 500 Park and/or 530 Park and/or 535 Garden Renton, WA 98057 Previously Accrued Outstanding Fines: $29,750 New Daily Fine Amount: $23,300.00 This Notice and Order is issued jointly and severally to ION Renton, LLC as the owner of the above-described premises (hereafter Property or Premises) and Augusto Arriaga, as the owner’s sole Governing Person. The City has determined both to be a Person in Control of the Premises and the violations described herein, as such term is deflned in Renton Municipal Code (RMC) 1-3-3.B.22. Copies are provided to the Registered Agent and Construction Manager as additional means of delivery to the Persons in Control. ** All corrective actions required herein are required to be implemented effective immediately unless otherwise specifled or agreed to in writing by the City of Renton. 4th Notice of Violation - Page 2 of 14 Failure to complete corrective actions may result in summary abatement actions by the City of Renton, pursuant to RMC 1-3-3.G or other applicable law, and costs of which are recoverable against the property owner in compliance with city and state law. NOTICE PROVIDED VIA USPS (CERTIFIED) AND VIA EMAIL WHEN THAT ADDRESS IS KNOWN APPEAL RIGHTS The means of appealing this Notice and Order are described on the flnal page and within Chapter 1- 10 RMC. CITY’S RESERVATION OF RIGHTS TO SEEK REMEDIES AGAINST PERSONS IN CONTROL Notices & Orders issued pursuant to Chapter 1-10 RMC, including related flnes, are not exclusive remedies for the violations addressed herein. The City reserves the right to pursue other remedies which may include, but are not limited to, criminal enforcement against any and all Persons in Control, civil court action to require abatement of nuisances on the Property and/or to collect flnes and costs, performance of summary abatement, and collection of the City’s costs of abatement through liens against the property. STATEMENT OF CODE COMPLIANCE INSPECTOR: Background According to public records, ION Renton, LLC acquired ownership of the Premises on or about December 10, 2021. Augusto Arriaga is the only identifled Governing Person of ION Renton, LLC, in its state of Washington business fllings. The buildings on the Premises have been vacant and not permitted for lawful occupancy since ION Renton, LLC acquired ownership. The City has adopted and enforces the 2018 Edition of International Property Maintenance Code (IPMC), and its own speciflc requirements regarding the maintenance of vacant buildings and premises thereof. See RMC 4-5-010; RMC 4-5-130. The City also requires property to be maintained so that it does not become a nuisance as described in RMC 1-3-3. These codes are meant, in part, to assure safety of the community and to prevent vacant properties from becoming attractive nuisances and nuisances that reduce property values and/or quality of life in the neighborhood, endanger neighboring properties, residents, and visitors, and to deter vacant buildings from attracting unauthorized entrants and harmful criminal activity to the community. Since ION Renton, LLC’s acquisition of the Premises, there have been ongoing and repeated violations of the RMC 1-3-3 and 4-5-130. However, flnes assessed to date have been relatively low compared to the nature and severity of violations. This has been in part due to periodic responsiveness and attempts by the Persons in Control to address the problem, including obtaining a demolition permit. The City has repeatedly attempted through formal and informal 4th Notice of Violation - Page 3 of 14 means to encourage the Persons in Control to take effective action to make the Premises safe and secure, but the situation has unfortunately only become less safe and more of a nuisance and danger to the community. The purpose of this 4th Notice and Order is to emphasize the severity of the issues, replace the previously accruing daily flnes with a new order that more speciflcally addresses the number of violations occurring on the Premises, and encourage Persons in Control to actively address the issues and reach out to the City to ensure we can flnd a path towards restoring safety to the Premises and the surrounding community. The Premises has become notorious for its lack of maintenance, broken windows, lack of security, extreme dangerousness (to the extent the flre authority will not enter the building even to respond to an emergency), source of crime, the site of arson, and theft of infrastructure that led to fiooding and the loss of millions of gallons of City water. See recent story from Seattle’s King 5 News for an idea of how this property is viewed within the community: Vacant property in Renton draws major safety concerns from residents and businesses | king5.com The City previously limited its imposition of flnes in its attempts to gain compliance, in part due to perceptions that the Persons in Control appeared to be working towards compliance (e.g. installation of fencing with no trespassing signs, providing the police department authorization to remove trespassers, contracting with a property manager, provision of monitored security, and processing an application to demolish the existing vacant buildings). However, in recent months it appears the Persons in Control have abandoned all or most attempts to maintain or secure the premises and have stopped progress towards demolishing the buildings and have instead listed the Premises for sale on commercial websites . While the City appreciates the continued authority to remove trespassers, the building’s condition has made entry into the buildings a safety risk, and it is an undue drain on City public safety resources. It is an unacceptable solution for Persons in Control to utilize the City police department as the only mechanism for providing security. The neglect of maintenance of the premises has led to frequent and visible instances of trespassing, graffiti, malicious mischief, and reports of other criminal activity on the premises. The temporary fencing initially erected by the Persons in Control has become damaged and ineffective without any attempts by the Persons in Control to resecure the fencing. The Persons in Control have also allowed windows and entry points to become and remain broken, which in turn has allowed entry to the premises to unauthorized individuals, who have caused even further damage inside and outside of the buildings. The increased damage creates signiflcant public safety hazards and worsening blight that serves to attract continued unlawful trespassing and dangerous activity. Recent reports and investigation reveal evidence that unauthorized occupants of the building have begun to move equipment and materials from the interior to the roofs of the buildings and have thrown items off the side – creating even more hazardous conditions on the Premises. 4th Notice of Violation - Page 4 of 14 Similarly, garbage and bulky waste have been allowed to accumulate on the property which may contribute to public health concerns related to noxious aromas and/or sustenance for invasive pest species such as rats which are known carriers of disease. First responders (including Renton Police Department and the Renton Regional Fire Authority) have responded to numerous emergency calls for service reporting that the premises are unlawfully occupied. Calls for service have decreased since the Persons in Control discontinued providing monitored security services. However, without constant and reliable security monitoring, while the calls for service have decreased, the amount of illegal activity and damage to the premises have increased. The increasing criminal activity on the premises is highly concerning and a threat to public safety as the condition of the building continues to degrade and become more hazardous. Past unlawful activity has included cutting cables to elevators, leaving opened and unsecured elevator shafts. Unlawful activities have also included theft of wiring and plumbing systems that resulted in the disabling of safety systems that are necessary to protect public health and safety. These damages have not been repaired, and it appears there have been no attempts to make the building safe for any occupants – including emergency responders who would be endangered by the conditions in responding to calls for service. Unauthorized occupants of the premises caused damage to a water supply line which on October 30, 2024, led to a loss of more than 1.3 million gallons of water. This water loss was a signiflcant impact to the City’s water storage system, diverted City resources to respond, and created a risk to the health and safety of the entire community. ION Renton, LLC applied for demolition permits (B24001196 and B24001200) for the vacant office buildings on the parcel. The property owner was notifled on October 9, 2024, that those permits were waiting to be issued by the City, pending payment of fees. The City has received no communication from the Persons in Control regarding its plans to complete such demolition since the City notifled it the permit was ready to pick up, but the City has seen for-sale listings of the property that lead it to believe the Persons in Control are not actively working to abate the violations. This 4th Notice & Order articulates with greater particularity numerous violations of the Renton Municipal Code and sets out new fees/flnes related to those violations that, in light of the current condition of the property, more accurately refiect the criteria for establishing flnes as set forth in RMC 1-10-3.B.2. The violations are generally within the IPMC as adopted by RMC for: securing the premises against entry (fencing and door/window opening; appearance of the vacant structure (covering of broken or inoperable windows and doors); graffiti (which is not timely removed); and interior safety of the premises (including general conditions and the institution/maintenance of a 24-hour flre watch). 4th Notice of Violation - Page 5 of 14 Site Inspections: Code Compliance Inspectors have conducted documents inspections of the two vacant office buildings, garage, and property on the above-referenced parcel from the public right-of way on the following dates: 04/23/2024 05/02/2024 05/06/2024 05/09/2024 05/13/2024 05/14/2024 09/16/2024 09/17/2024 09/18/2024 09/23/2024 09/30/2024 10/02/2024 10/03/2024 10/08/2024 10/09/2024 10/15/2024 10/17/2024 10/21/2024 10/22/2024 10/23/2024 10/24/2024 10/25/2024 1029/2024 10/30/2024 10/31/2024 11/13/2024 12/07/2024 01/10/2025 Code Compliance, together with representatives of the Renton Police Department and the Renton Regional Fire Authority, was escorted by the Construction Manager for the Property Owner for an on-site walkthrough of the vacant office buildings on June 5, 2024. Renton Police Department, with permission of the Construction Manager, conducted an unmanned aerial vehicle (“UAV”) survey of the interior of the vacant office buildings on the premises on or about December 4, 2024. Additional UAV inspections have been conducted in order to attempt to assess and enforce instances of trespassing. These inspections and additional observations and community reports demonstrate clearly that the condition of the property has only been deteriorating with no active attempts by the Persons in Control to maintain compliance with applicable City codes and requirements. Renton Regional Fire Authority Stop Work Order and 24-Hour Fire Watch Following the June 5, 2024 walkthrough the Renton Regional Fire Authority (“RRFA”) issued a Stop Work Order prohibiting access to the premises with limited exceptions. They also noted interior and exterior conditions they assert create hazards to unauthorized occupants and flreflghter safety. Both buildings on the property were placed on an immediate 24-hour flre watch to address inoperable flre suppression systems. As a result of the conditions, and concern for flreflghter safety in responding to emergency calls for the buildings, the RRFA instituted a “defensive tactics only” limitation on the buildings. It is not clear whether a 24-hour flre watch was ever instituted, but since at least August 23, 2024, the City has seen no evidence or conflrmation that required 24-hour flre watch is in place. The 4th Notice of Violation - Page 6 of 14 RRFA began regular exterior inspections to verify whether a 24-hour flre watch is in place and has also conflrmed it is not in place. Previous Code Compliance Warnings or Notices of Violation: Despite warnings and multiple Notice & Orders, the Property Owner has not consistently taken substantive steps to cure the identifled violations, nor have they appealed either the violations or the related fees. Most violations identifled in previous Notice & Orders and this 4th Notice & Order are related to maintenance conditions of the vacant buildings and their premises. As discussed above, failure to maintain and secure the vacant buildings from unauthorized entry have resulted in the repeated emergency calls, identifled nuisance conditions, and the premises being a public safety hazard. Code Compliance for the City of Renton issued its flrst Warning of Violation on December 7, 2023. Under Code Compliance Cases 23-000667 (“2023 Case”) and 24-000670 (“2024 Case”), Notices of Violation & Orders to Correct, including related fees, were issued for the premises as follows (by date of mailing): •2023 Case: September 19, 2024, and October 29, 2024 •2024 Case: September 30, 2024, and October 17, 2024, and November 4, 2024 This Fourth Notice of Violation and Order to Correct consolidates the two Code Compliance Cases under CODE24-000670. It does not replace the RRFA’s requirement of a 24-hour flre watch but adds a separate and overlapping requirement for around the clock 24/7 onsite security to deter trespassing and further deterioration of the Premises. Status of Fines: Daily flnes issued under Notice & Order 1, 2, and 3 accrued in the amount of twenty-nine thousand, seven hundred and flfty dollars and zero cents ($29,750.00) remain due and owing. Effective on the date of issuance of this Order, accrual of daily flnes under previous orders is suspended and superseded by daily flnes identifled in this Notice & Order. Fines issued pursuant to this 4th Notice & Order will accrue according to its terms until violations are corrected to the satisfaction of the City, or this 4th Notice & Order is superseded. The City takes the position that flndings of violations may not be appealed beyond the initial flfteen (15) day appeal period starting from this Notice, but for flnes that accrue on a daily basis after issuance, the appeal period is a rolling flfteen (15) days for appeals of the amount assessed for daily flnes. If at any time you believe you have abated violations pursuant to this Notice & Order, you may request in writing to Donna Locher at the contact information provided below for the flnes to be discontinued or reduced. The City’s decision on such request will be flnal unless appealed in the same manner as an appeal to this Notice & Order within flfteen (15) days of such decision on the request. 4th Notice of Violation - Page 7 of 14 Order of Corrective Action: Because this is an Ongoing Violation, abatement for the violations specifled below shall not be deemed to be complete and flnes will continue to accrue on a daily basis until a Person in Control has notifled the Code Compliance Inspector (“CCI”) of the abatement and the CCI has been afforded a reasonable opportunity to inspect the Violation and deem the Abatement complete. The CCI for this Notice & Order is : Donna Locher Email: DLOcher@RentonWA.gov Address: 1055 South Grady Way, Renton, WA 98057 In order to cure the violations and terminate accrual of fees/flnes identifled herein, the Property Owner must demonstrate to the satisfaction of the City that the violations have been abated/eliminated and that there are reasonable measures in place to adequately maintain the premises in a safe and secure condition, including at a minimum immediately taking all reasonable steps necessary to as expeditiously as possible: 1. Immediately close and vacate the structures and the surrounding premises pursuant to RMC 4-5-060.O and RMC 4-5-130.B.1 and other applicable orders herein. 2. Secure and repair/replace windows and covering in compliance with relevant code requirements and applicable permit requirements; and 3. Remove/cover graffiti in compliance with relevant code requirements; and 4. Comply with all orders of the Renton Regional Fire Authority, including implementing a 24- hour flre watch; and 5. Cover and secure holes in fiooring, including securing open elevator shafts; and 6. Implement a 24-hour security watch to immediately report unauthorized entry to flrst responders (i.e., call 911) and deter unlawful entry; and 7. Replace the existing temporary exterior fence with a fence that is: a. Not less than 6 feet in height from the base of the fence; and b. Solid surface fencing, speciflc type to be approved prior to installation; and c. Placed on the boundary of the premises (i.e., removed from the public right-of- way/sidewalk) 8. Until the existing fencing is replaced, repair and maintain existing fencing. ** Because this is an ongoing violation, flnes set forth in the following section are in effect immediately starting January 10, 2025. If corrective actions to secure the Premises are not promptly implemented with immediate diligent and continued action, the City may take additional enforcement action beyond imposition of these flnes. Property Owner demonstrate compliance with all abatement requirements to the satisfaction of the City via site inspection, photo documentation, executed contract to complete required action, etc. as appropriate to the applicable corrective action. 4th Notice of Violation - Page 8 of 14 If the City deems necessary and feasible, the City may at any time perform summary abatement actions, pursuant to RMC 1-3-3.G or other applicable law, and costs of which will be charged to the Persons in Control and against the Premises. BY: _________________________________________ Donna Locher, Lead Code Compliance Inspector DATE: January 10, 2025 DETAILS OF VIOLATIONS, FINES, AND ORDERS: VIOLATION 1: Maintenance of Vacant Building Code Text: RMC 4-5-130.B.1 amending Section 301.2 of the 2018 Edition of the IPMC to read as follows: Responsibility: The owner of the premises shall maintain the structures and exterior property in compliance with these requirements, except as otherwise provided for in this code. A person shall not occupy as owner-occupant or permit another person to occupy premises which are not in a sanitary and safe condition and which do not comply with the requirements of this section. RMC 4-5-130.B.2 referencing Subsection 301.3, Vacant structures and land, of the 2018 Edition of the IPMC: 301.3 Vacant buildings: All vacant buildings and premises thereof must comply with this Code. Vacant buildings shall be maintained in a clean, safe, secure and sanitary condition provided herein so as not to cause a blighting problem or otherwise adversely affect the public health, safety, or quality of life. Violation Facts: The buildings and premises are not maintained in a clean, safe secure, and sanitary condition. There are boarded up and broken windows. The doorways are boarded up. There is graffiti on the buildings and people are occupying the premises despite its unsafe condition. Lack of security, including failing to maintain the existing fence, provide 24-hour security monitoring, and repair openings has led to increasing blight, crime, and insecurity. Corrective Actions: Person in control shall: 1.repair/replace windows and covering in compliance with relevant code; and 2.remove/cover graffiti in compliance with relevant code sections; and 4th Notice of Violation - Page 9 of 14 3. Implement a 24-hour security watch to immediately report unauthorized entry to flrst responders (i.e., call 911) and deter unlawful entry; and 4. Replace the existing temporary fence with a fence that is: a. Not less than 6 feet in height from the base of the fence; and b. Solid surface fencing, speciflc type to be approved prior to installation; and c. Placed on the boundary of the premises (i.e., removed from the public right-of- way/sidewalk) Fines: Description Amount Fine Per Day until Abated $250 VIOLATION 2: Appearance of Vacant Building Code Text: RMC 4-5-130.B.2 referencing Subsection 301.3.1 Appearance, of the 2018 Edition of the IPMC: Subsection 301.3.1 Appearance: All vacant buildings must appear to be occupied, or appear able to be occupied with little or no repairs. Violation Facts: The buildings are not maintained to appear legally occupied. The buildings and premises continue to become more and more damaged with no attempt to maintain or repair. Corrective Action: Person in control shall: 1. Repair/replace windows and covering in compliance with relevant code sections; and 2. Remove/cover graffiti in compliance with relevant code sections; and 3. Replace the existing temporary fence with a fence that is: a. Not less than 6 feet in height from the base of the fence; and b. Solid surface fencing, speciflc type to be approved prior to installation; and c. Placed on the boundary of the premises (i.e., removed from the public right-of- way/sidewalk) Fees: Description Amount Fine Per Day until Abated [included under Violation 1] Violation 2 Subtotal: $ 00.00 4th Notice of Violation - Page 10 of 14 VIOLATIONS 3 - 61: Security of Vacant Building Code Text: RMC 4-5-130.B.2 referencing Subsection 301.3.2 Security, of the 2018 Edition of the IPMC: Subsection 301.3.2 Security: All vacant buildings must be secured against outside entry at all times. Security shall be by the normal building amenities such as windows and doors having adequate strength to resist intrusion. Violation Facts: There are at least 59 broken windows and doors on the building that have no plywood or other covering to secure the openings. No permits have been obtained for repairs. Each unsecured window or door is a separate violation. Windows and broken doors are required to be immediately secured. Corrective Action: Person in control shall: 1.Replace or secure doors and windows with amenities of sufficient strength to secure against intrusion 2.Until all other requirements of RMC are met, implement a 24-hour security watch to immediately report unauthorized entry to flrst responders (i.e., call 911) 3.Until all other requirements of RMC are met, replace and maintain the existing temporary fence with a fence that is: a.Not less than 6 feet in height from the base of the fence; and b.Solid surface fencing, speciflc type to be approved prior to installation; and c.Placed on the boundary of the premises (i.e., removed from the public right-of- way/sidewalk) Fees: Description Daily Subtotal 59 violations * $100 per day $ 5,900.00 VIOLATIONS 62 - 155: Security of Vacant Building Code Text: RMC 4-5-130.B.2 referencing Subsection 301.3.2.1 Architectural (cosmetic) structural panels, of the 2018 Edition of the IPMC: Subsection 301.3.2.1 Architectural (cosmetic) structural panels: Architectural structural panels may be used to secure windows, doors, and other openings provided they are cut to flt the opening and match the characteristics of the building. Architectural panels may be of 4th Notice of Violation - Page 11 of 14 exterior grade flnished plywood or Medium Density Overlaid plywood (MDO) that is painted to match the building exterior or covered with a refiective material such as plexi-glass. Exception: Untreated plywood or similar structural panels may be used to secure windows, doors and other openings for a maximum period of thirty (30) days. Violation Facts: There are 94 windows, doors, and openings that have been secured using plywood in excess of 30 days and are not painted to match the exterior of the building. In each case, the untreated plywood is over its maximum 30-day time period. (94 violations) Corrective Action: Person in control shall: 1. Replace untreated plywood covering openings with code compliant architectural structural panels Fines: Description Daily Subtotal 94 violations * $100 per day $ 9,400.00 VIOLATION 156: Fire Safety Investigation Dates: June 5, 2024 Code Text: RMC 4-5-070 adoption of International Fire Code, and RMC 4-5-070.C.25 referencing Subsection 112.4 Failure to Comply: 112.4 Failure to comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be guilty of a misdemeanor, subject to RMC 1-3-1. Violation Facts: The Renton Regional Fire Authority (RRFA) issued a Stop Work Order, prohibiting unauthorized access to the vacant buildings and requiring institution of a 24 -hour flre watch to mitigate inoperable flre protection systems. According to September 19, 2024 notice from the RRFA, unauthorized access continues to be a problem, and there is no flre watch in place. (1 violation for no flre watch, in addition to flnes and penalties issued by the Renton Regional Fire Authority) Corrective Action: Person in control shall: 1. Clear the building of unauthorized entrants; and 2. Secure the building against entry; and 3. Institute a 24-hour flre watch until such time the RRFA approves its removal Fees: Description Daily Subtotal 1 violation * $250/day $ 250.00 4th Notice of Violation - Page 12 of 14 VIOLATIONS 157 - 166: Interior Floors Investigation Dates: June 5, 2024 Code Text: RMC 4-5-130.B.2 referencing Subsection 301.3.8 Interior Floors of the 2018 Edition of the IPMC: 301.3.8 Interior fioors: If a hole in a fioor presents a hazard, the hole shall be covered and secured with three-quarter inch (3/4") plywood, or a material of equivalent strength, cut to overlap the hole on all sides by at least six inches (6"). Violation Facts: On the June 5, 2024, site inspection I observed at least ten (10) uncovered and/or unsecured holes in the fiooring, including open elevator shafts noted in the RRFA Stop Work Order. No permits have been obtained to repair such holes. Corrective Action: Person in control shall: 1.Cover and/or secure holes in the fiooring in compliance with relevant code sections and obtain required permits Fines: Description Daily Subtotal 10 violations * $250 per day $ 2,500.00 VIOLATIONS 167 - 186: Defacement of Property (“Graffiti”) Code Text: RMC 4-5-130.B.2 referencing Subsection 302.9 Exterior Property Areas: Defacement of the 2018 Edition of the IPMC: 301.2.9 Exterior Property Areas: Defacement of Property: No person shall 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. Violation Facts: There are at least 20 separate graffiti markings visible from the public right-of-way along the exterior of the premises. The Person in Control has not taken steps to restore the surfaces to an approved state of maintenance and repair, and the property owner has had previous notice of the graffiti. (20 violations) Corrective Action: Person in control shall: 1.Remove, cover, or otherwise restore the surface of structures of the premises to an 4th Notice of Violation - Page 13 of 14 approved state of maintenance and repair. Fees: Description Daily Subtotal 20 violations * $250 per day $ 5,000.00 SUMMARY DAILY FINES Daily Fees Violations 1 – 186 Violation 1 and 2: $ 250.00 Violation 3-61: $ 5,900.00 Violations 62-155:$ 9,400.00 Violations 156: $ 250.00 Violations 157-166:$ 2,500.00 Violation 167-186:$ 5,000.00 TOTAL DAILY FINE:$ 23,300.00 Payment of $23,300.00 must be made within flfteen (15) days of the date of this Notice of Violation for the violations as they exist on such date. and additional amounts will be invoiced or imposed by separate order for every day the required corrections are not implemented. I certify under penalty of perjury under the laws of the State of Washington that I have issued this Notice of Violation on this date and at the Premises identifled above. This Notice of Violation and Order is issued on the date of my signature below is based upon information and belief that there is a preponderance of evidence that the violator committed the above violations. Signed: __________________________________________________ Date: ______________________ Issued By: Donna Locher Lead Compliance Inspector 425-430-7438 dlocher@rentonwa.gov 01-10-25 4th Notice of Violation - Page 14 of 14 Code Case No: CODE23-000667; CODE24-000670 Property Identiflcation of Violation: Tax Parcel ID 7564600055 Commonly Called: 500 Park, 530 Park, and/or 535 Garden, Renton, WA 98057 Daily Fines - 4th Notice & Order: $23,300.00 NOTICE OF RENTON MUNICIPAL CODE VIOLATION The City has elected to establish a non-judicial hearing and determination system to enforce Renton Municipal Codes (RMC) civil code violations. Therefore a code violation penalty, consistent with RMC 1~3~2.P is imposed, not including any costs, fees or as sessments. Please select a response: □I deny creating, permitting to exist, maintaining or failing to eliminate the violation(s) and I am requesting a hearing to contest this Notice of Violation. Appeal requests must be received by the Renton City Clerk’s office within 15 days of the date of this Notice of Violation. Please send me a hearing date. I promise to appear on that date. The administrator must prove by a preponderance of the evidence that I committed the violation. Failure to attend the scheduled hearing makes the Notice of Violation flnal, and I may be subject to additional costs if I fail to withdraw or resolve my appeal prior to the hearing date. I also understand that the city has not waived any rights or remedies under the law. Appeals should be mailed to: City of Renton Attention: City Clerk 1055 S Grady Way Renton, WA 98057 □I admit that I have created, permitted to exist, maintained or failed to eliminate the violation(s) and do not need or want any kind of hearing. As a result, I have enclosed a check or money order (do not send cash) in the amount of $_________. I understand I am required to bring the property into compliance with City of Renton Municipal Code. I also understand that if compliance is not achieved I may be issued additional Notice of Violation with increasing penalties, and or criminally prosecuted. NSF checks will be treated as failure to respond. Payment should be made to: City of Renton Attention: 1st Floor Finance 1055 S Grady Way Renton, WA 98057 Complete information below: (PLEASE PRINT) Name: ______________________________________________________________ Street or P.O. Box: ____________________________ City, State, Zip Code: _____________________________ Telephone: Home: ____________________ Work: _________________________ Email:_____________________________________________________________ Signature of Violator: _______________________________ Date: ____________ EXHIBIT 3 (September 18, 2025) 48-HOUR NOTICE OF NONCOMPLIANCE September 18, 2025 ION Renton, LLC Attn: Augusto Arriaga 1450 Frazee Rd., Ste 409 San Diego, CA 92108 (augusto@diamond-electronics.com ) CC: Chris Kelly, Construction Manager (ckelly@aaamanagementllc.com) Michael Edwards, Legal Counsel (michael.edwards@hcmp.com) RE: 48 Hour Notice of Noncompliance **SENT VIA USPS (CERTIFIED) AND EMAIL (RETURN RECEIPT REQUESTED) Dear Mr. Arriaga, This letter is the City’s notice, pursuant to the Corrective Actions (“CA”) Section 5.c of the Voluntary Correction Agreement which was fully executed on June 4, 2025 (“VCA”). ION Renton, LLC (“ION”) has failed to meet deadlines, maintain security, or reasonably prevent trespassing. SUMMARY: ION has failed to comply with the VCA regarding location and type of fencing, securing perimeter against unauthorized entry including noncompliance with posting “No Trespassing” signs every 50 feet , and protecting the interior from known hazards of open elevator shafts. Moreover, the actions ION has taken have been inadequate to protect the public and both lawful and unlawful entrants to the property. As provided in the “Additional Violations and Enforcement Forbearance” section of the VCA, the City’s willingness to forbear enforcement for previously un-cited violations of City code was conditioned upon the property being secured against unauthorized entry. ION has failed to secure the property and it remains a nuisance and public safety hazard. As a result, the City intends to reinitiate fines enforcement and require full compliance with the Renton Municipal Code – subject only to potential negotiated amendment to the VCA that provides substantially more security and prevention of unauthorized access. Regardless of whether the VCA is amended, additional efforts by ION are required to secure and make the property safe. ION Renton, LLC c/o Augusto Arriaga Page 2 of 4 September 18, 2025 REQUIRED ACTIONS AND ADDITIONAL SECURITY MEASURES: ION is ordered to come into full compliance with the Renton Municipal Code as originally ordered in the 4th Notice of Violation and Order to Correct (“NOV”) dated January 10, 2025. In addition, a new NOV will be issued for previously un-cited violations of City code if you fail to comply and enter into an amended VCA that includes substantially increased commitment to security and property maintenance. The City’s willingness to amend the VCA in a way that allows any broken windows or other violations to continue existing without accrual of current and additional fines is contingent upon your production of executed demolition contracts that demonstrate your planned timing of, and progress toward, demolition of the office buildings and your agreement to implement effective security measures and increase measures as necessary to the extent implemented security measures are not deterring trespassing. In order to continue without additional fines accruing ION is required to implement, and add to the VCA by amendment, at a minimum, the following security measures: 1. Implement additional security measures: a. Immediately, within 48 hours of this notice, provide 24-hour/7-day security patrol consisting of at least a 2-person Washington State licensed security guard team constantly patrolling the exterior perimeter of the property to deter, encounter, and report to 911 unauthorized entry to the property until the City determines such patrols are no longer necessary; and b. Immediately, within 48 hours of this notice, institute a same day or no later than 24 -hour response to repair any breaches in the exterior fencing, window cladding, or other identifled entry points; and c. Immediately, within 48 hours of this notice, commence and complete within 96 hours of this notice, improved security of all accessible window, doors, and openings. This includes upper-level fioors that have been, or are apparently, accessible through such means as access bridges, ladders, terrain, or otherwise. Currently, the boarding being used is being removed by trespassers and not timely replaced. Boarding shall be cut to flt the size of the frame and secured on 4-sides with screws; there should be no space between the boards and frame that would allow unauthorized persons to pry off the boards . Methods and locations of security are subject to on-site walkthrough inspections and agreements by the City. 2. Immediately commence, and complete within 72 hours of this notice, installation of non-scalable fencing surrounding the perimeter of the property as authorized by permit LUA25-000202 ; and 3. Immediately, within 48 hours of this notice, secure the interior elevator shafts in a closed position; and 4. Immediately prioritize in demolition removal of all property, garbage, and other objects from both the interior and exterior of the buildings and secure any remove any safety hazards that make entry by flrst responders and tracking of trespassers within the building unsafe. ION Renton, LLC c/o Augusto Arriaga Page 3 of 4 September 18, 2025 NARRATIVE The City Code Compliance Inspector (“CCI”) team has regularly inspected the site to observe conditions. CCI has informed staff on-site of compliance and has regularly provided email communications showing violations to construction manager, Chris Kelly. Fencing: Under the VCA, CA Section 1b ION agreed to remove all fencing from the City right-of-way and either provide 24-hour security or install non-scalable fencing outside of the ROW. The agreed deadline for doing this was 48 hours after the demolition permits were issued, which was June 24, 2025. A special fencing permit (LUA25-000202) was issued on or about July 9, 2025, to install non- scalable fencing (specifically temporary fencing topped with barbed wire based upon your request and specifications). The previously existing construction fencing remains within the City’s right -of-way. The permitted non-scalable fence configuration is not in place. Signage: VCA, CA Section 1.d requires “No Trespassing” signs to be installed and maintained every 50’ (fifty feet). There is at least one interval in excess of 50’ without proper signage. Proper signage ensures notice to the public that access to the property requires permission as another deterrence to unauthorized entry. Patrol/Security Breaches VCA CA Section 1cii requires ION to inspect the property at least once daily for security breaches, and repair breaches within 48 hours (VCA CA Section 1e). ION has not regularly inspected for security breaches; multiple breaches in fencing and building entrances have not been secured within 48 hours. Secure Elevator Shafts VCA CA Section 2c requires ION to have secured elevator shafts in a closed position no later than commencement of demolition. Interior demolition commenced on or about June 24, 2025 (permits B24001200 and B24001196). VCA CA Section 4.a requires ION to notify the City when milestones are met. ION has not notified the City regarding securing the open elevator shafts, and so the City must presume the elevator door shafts are not secured in a closed position. This is a significant safety hazard. Additional Security Frequent trespassing continues to be reported by neighbors, additional windows have been broken, graffiti continues to be a problem, and reports of objects being thrown from upper floors of the building continue to be reported. New videos of trespassing and people living in the buildings ION Renton, LLC c/o Augusto Arriaga Page 4 of 4 September 18, 2025 have also been widely circulated on the internet, and local news stories continue to draw attention to the disrepair of the property. Under VCA CA Sections 1f and 4c, the City retained the right to require additional security measures to prevent unauthorized entry to your property. ION has not taken effective action to reasonably secure the dangerous building from unauthorized entry and it is apparent additional measures are necessary. As a result of these conditions, and until the property is otherwise brought into full compliance with all applicable building and property maintenance code requirements, the City requires ION to immediately provide adequate 24-hour Washington State-licensed security staffing 7 days per week. Such security staff will be a minimum of a 2-person team to patrol the exterior perimeter of the property in order to deter unauthorized entry, identify and document any breaches in the exterior fencing, and report unauthorized entry to Renton Police for response. These requirements apply even if ION chooses not to enter into an amended VCA as such option was presented above to address the issue of fines. Without an amendment to the VCA, these requirements will apply and fines will accrue. Further, the City requires any breaches in exterior fencing or entries to be repaired the same day or no later than 24 hours of being observed. Quick action to repair breaches is necessary to deter and prevent repeated unauthorized entries. Finally, the City requires more effective means to secure windows, doors, and other entries into the dangerous buildings themselves from unauthorized entry as described above. Please schedule a walk through with the City within 48-hours of this Notice to discuss how you will improve the security of the building. These additional security requirements apply even if ION chooses not to enter into an amended VCA as such option was presented above to address the issue of fines. Because contractual deadlines in the VCA have already been missed, past fines will not be waived and new fines will continue accruing, unless an amendment to the VCA is promptly negotiated that adequately addresses the public safety hazards posed by this property. Sincerely, Gina Estep Gina Estep, Administrator Renton Community & Economic Development Department EXHIBIT 4 (September 26, 2025) NOTICE OF AGREEMENT VIOLATION EXHIBIT 5 (September 26, 2025) EMAIL TRANSMISSION OF NOTICE OF AGREEMENT VIOLATION Outlook ION - Notice of Agreement Violation From Gina Estep <gestep@rentonwa.gov> Date Fri 9/26/2025 3:26 PM To Chris Kelly <ckelly@aaamanagementllc.com>; Michael Edwards <michael.edwards@hcmp.com>; Augusto Arriaga <augusto@diamond-electronics.com>; Steve Shamoun <sshamoun@diamond-electronics.com> Cc Patrice Kent <PKent@rentonwa.gov>; Shane Moloney <SMoloney@Rentonwa.gov>; Ed VanValey <Evanvaley@Rentonwa.gov>; Robert Shuey <RShuey@Rentonwa.gov>; Donna Locher <DLocher@Rentonwa.gov> 1 attachment (334 KB) ION NAV 09 26 2025.pdf; Mr. Arriaga, Edwards and Kelly, As provided for in the Dispute Resolution section of our Voluntary Correction Agreement dated June 4, 2025, attached is the City’s Notice of Agreement Violation. GINA ESTEP | CED Administrator City of Renton | CED | Community and Economic Development 1055 S Grady Way | 6th Floor | Renton, WA 98057 Virtual Permit Center | Online Applications and Inspections 206 305 3615 | gestep@rentonwa.gov From: Gina Estep Sent: Thursday, September 18, 2025 2:12 PM To: Chris Kelly <ckelly@aaamanagementllc.com>; Michael Edwards <michael.edwards@hcmp.com>; Augusto Arriaga <augusto@diamond-electronics.com>; Steve Shamoun <sshamoun@diamond-electronics.com> Cc: Patrice Kent <PKent@rentonwa.gov>; Shane Moloney <SMoloney@Rentonwa.gov>; Ed VanValey <Evanvaley@Rentonwa.gov>; Robert Shuey <RShuey@Rentonwa.gov>; Donna Locher <DLocher@Rentonwa.gov> Subject: 48-Hour Notice of Noncompliance with Voluntary Correction Agreement. Mr. Arriaga, Attached is a 48-Hour Notice of Noncompliance related to the Voluntary Correction Agreement with the City of Renton. A hard copy is also being sent via USPS certified today. Your timely response is required. GINA ESTEP | CED Administrator City of Renton | CED | Community and Economic Development 1055 S Grady Way | 6th Floor | Renton, WA 98057 Virtual Permit Center | Online Applications and Inspections 206 305 3615 | gestep@rentonwa.gov EXHIBIT 6 RECEIPTS FOR CERTIFIED MAILING AND DELIVERY CONFIRMATION OF 48-HOUR NOTICE OF NONCOMPLIANCE AND NOTICE OF AGREEMENT VIOLATION Tracking Number: ER 219908455US (https://tools.usps.com/go/TrackConfirmAction?tRef=fullpage&tLc=2&text28777=&tL abels=ER219908455US%2C&tABt=true; last visited 11.04.2025) 48-Hour Notice - Mailed September 18, 2025 Tracking Number: ER219908464US (https://tools.usps.com/go/TrackConfirmAction?qtc_tLabels1=ER219908464US# ;last visited 11.04.2025) Notice of Agreement Violation - Mailed September 26, 2025 EXHIBIT 7 (October 15, 2025) FIFTH NOTICE OF VIOLATION & ORDER TO CORRECT Fifth Notice of Violation & Order to Correct Armondo Pavone, Mayor Community & Economic Development Gina Estep, Administrator ISSUED TO: ION Renton, LLC 1450 Frazee Rd., Ste 409 San Diego, CA 92108 ION Renton, LLC, C/O Governing Person Augusto Arriaga 1450 Frazee Rd., Ste 409 San Diego, CA 92108 augusto@diamond-electronics.com COPIED TO: ION Renton, LLC, C/O Construction Manager Chris Kelly 1450 Frazee Rd., Ste 409 San Diego, CA 92108 ckelly@aaamanagementllc.com COPIED TO: ION Renton, LLC, C/O Legal Counsel Michael Edwards Hillis Clark Martin & Peterson 999 3rd Ave, #4600 Seattle, WA 98104 michael.edwards@hcmp.com DATE: October 15, 2025 CODE CASE(S): CODE 23-000667 CODE 24-000670 PROPERTY OWNER/TAXPAYER: ION Renton, LLC PREMISES SUBJECT TO THIS NOTICE & ORDER: Tax Parcel ID 7564600055 Commonly Called: 500 Park and/or 530 Park and/or 535 Garden Renton, WA 98057 Previously Accrued Outstanding Fines: $3,478,050.00 (as of dated of NAV) New Daily Fine Amount: $50,200.00 NOTICE PROVIDED VIA USPS (CERTIFIED) AND VIA EMAIL WHEN THAT ADDRESS IS KNOWN This Fifth Notice of Violation and Order to Correct (“5th Notice” or “Notice & Order”) is issued jointly and severally to ION Renton, LLC as the owner of the above-described premises (hereafter Property or Premises) and Augusto Arriaga, as the owner’s sole Governing Person. The City has determined both to be a Person in Control of the Premises and the violations 5th Notice of Violation - Page 2 of 16 described herein, as such term is defined in Renton Municipal Code (RMC) 1-3-3.B.22 and RMC 1-10-2.K. Copies are provided to the Construction Manager and Legal Counsel as additional means of delivery to the Persons in Control. ** All corrective actions herein are required to be implemented effective immediately unless otherwise specified or agreed to in writing by the City of Renton. Failure to complete corrective actions may result in summary abatement actions by the City of Renton, pursuant to RMC 1-3-3-G.3 or other applicable law, and costs of which are recoverable against the Person in Control in compliance with city and state law. APPEAL RIGHTS The means of appealing this Notice & Order are described on the final page and within Chapter 1- 10 RMC. CITY’S RESERVATION OF RIGHTS TO SEEK REMEDIES AGAINST PERSONS IN CONTROL Notices & Orders issued pursuant to Chapter 1-10 RMC, including related fines, are not exclusive remedies for the violations addressed herein. The City reserves the right to pursue other remedies which may include, but are not limited to, criminal enforcement against any and all Persons in Control, civil court action to require abatement of nuisances on the Property and/or to collect fines and costs, performance of summary abatement, and collection of the City’s costs of abatement through liens against the property. STATEMENT OF CODE COMPLIANCE INSPECTOR: Background According to public records, ION Renton, LLC acquired ownership of the Premises on or about December 10, 2021. Augusto Arriaga is the only identified Governing Person of ION Renton, LLC, in its state of Washington business filings. The buildings on the Premises have been vacant and not permitted for lawful occupancy since ION Renton, LLC acquired ownership. The City has adopted and enforces the 2018 Edition of International Property Maintenance Code (“IPMC”), and its own specific requirements regarding the maintenance of vacant buildings and premises thereof. See RMC 4-5-010; RMC 4-5-130. The City also requires property to be maintained so that it does not become a nuisance as described in RMC 1-3- 3. These codes are meant, in part, to assure safety of the community and to prevent vacant properties from becoming attractive nuisances and nuisances that reduce property values and/or quality of life in the neighborhood, endanger neighboring properties, residents, and visitors, and to deter vacant buildings from attracting unauthorized entrants and harmful criminal activity to the community. 5th Notice of Violation - Page 3 of 16 Since ION Renton, LLC’s acquisition of the Premises, there have been ongoing and repeated violations of the RMC 1-3-3 and RMC 4-5-130. The City has repeatedly attempted through formal and informal means to encourage the Persons in Control to take effective action to make the Premises safe and secure, but the situation has only become less safe and more of a nuisance and danger to the community. On June 4, 2025, the City entered into a Voluntary Correction Agreement (“VCA”) with ION Renton, LLC. The City has determined that ION Renton, LLC is not in compliance with the VCA. ION Renton, LLC has not appealed the City’s determination. The purpose of this 5th Notice is to fully characterize the number, nature and on-going severity of the issues, and replace the previously accruing daily fines with a new order that more specifically addresses the number of violations occurring on the Premises. The City again reiterates its commitment to restoring safety to the Premises and the surrounding community. The Premises have become notorious for lack of maintenance, broken windows, lack of security, extreme dangerousness (to the extent the fire authority will not enter the building even to respond to an emergency), source of crime, the site of arson, and theft of infrastructure that led to flooding and the loss of millions of gallons of City water. As a result of inspections and observations noted below, news reports (e.g., Fox 13 here), and social media reports (e.g., here), the City has determined that the measures and methods in place are not sufficient to deter unauthorized entry or trespass into the dangerous building and or the Premises and that such unauthorized entry or trespass continues to persist and constitute an imminent risk to the health or safety of persons or property. The neglect of maintenance of the premises has led to frequent and visible instances of trespassing, graffiti, malicious mischief, and reports of other criminal activity on the premises. The Persons in Control have also allowed windows and entry points to become and remain broken, which in turn has allowed entry to the premises to unauthorized individuals, who have caused even further damage inside and outside of the buildings. The increased damage creates significant public safety hazards and worsening blight that serves to attract continued unlawful trespassing and dangerous activity. Similarly, garbage and bulky waste continue to accumulate on the property which may contribute to public health concerns related to noxious aromas and/or sustenance for invasive pest species such as rats which are known carriers of disease. 5th Notice of Violation - Page 4 of 16 The level of criminal activity on the premises is highly concerning and a threat to public safety as the condition of the building continues to degrade and become more hazardous. Past unlawful activity has included cutting cables to elevators, resulting in inoperable, opened, and unsecured elevator shafts. Unlawful activities have also included theft of wiring and plumbing systems that resulted in the disabling of safety systems that are necessary to protect public health and safety. These damages have not been repaired, and it appears there have been minimal attempts to make the building safe for any occupants – including workers on-site and emergency responders who would be endangered by the conditions in responding to calls for service. Unauthorized occupants of the premises caused damage to a water supply line which on October 30, 2024, led to a loss of more than 1.3 million gallons of water. This water loss was a significant impact to the City’s water storage system, diverted City resources to respond, and created a risk to the health and safety of the entire community. ION Renton, LLC was issued demolition permits (B24001196 and B24001200) for the vacant office buildings on the parcel on June 24, 2025. ION Renton, LLC has reported interior demolition has commenced; the City has not been notified in order to inspect progress, therefore the City has not inspected progress on the interior demolition due to unknown interior conditions raising safety concerns. The Premises are not served by electricity or other utilities and therefore any debris or holes in flooring create hazards that will not be visible without lighting (e.g., darkened stairways). Since multiple unauthorized persons have been reported and they may be reactive/aggressive to City officials, CCI do not enter the buildings without formal notice from ION and perhaps law enforcement escort. This 5th Notice & Order articulates with greater particularity numerous violations of the Renton Municipal Code and sets out new fees/fines related to those violations that, in light of the current condition of the property, more accurately reflect the criteria for establishing fines as set forth in RMC 1-3-1.D and RMC 1-10-3.B.2. The violations are generally within the International Property Maintenance Code (“IPMC”) as adopted by RMC for: securing the premises against entry (fencing and door/window openings); appearance of the vacant structure (covering of broken or inoperable windows and doors); graffiti (which is not timely removed); and interior safety of the premises (including general conditions and the institution/maintenance of a 24-hour fire watch). Site Inspections: Code Compliance Inspectors have conducted numerous inspections of the two vacant office buildings, garage, and property on the above-referenced parcel from the public right- 5th Notice of Violation - Page 5 of 16 of way. Violations cited herein are based on those inspections from the public right-of way. Inspections were conducted on the following dates: 04/23/2024 04/23/2024 05/02/2024 05/06/2024 05/09/2024 05/13/2024 05/14/2024 09/16/2024 09/17/2024 09/18/2024 09/23/2024 09/30/2024 10/02/2024 10/03/2024 10/08/2024 10/09/2024 10/15/2024 10/17/2024 10/21/2024 10/22/2024 10/23/2024 10/24/2024 10/25/2024 10/29/2024 10/30/2024 10/31/2024 11/13/2024 12/07/2024 01/10/2025 01/15/2025 01/16/2025 01/17/2025 01/21/2025 01/22/2025 01/23/2025 01/24/2025 01/28/2025 01/29/2025 01/30/2025 01/31/2025 02/03/2025 02/04/2025 02/05/2025 02/06/2025 02/07/2025 02/10/2025 02/11/2025 02/12/2025 02/13/2025 02/14/2025 02/17/2025 02/18/2025 02/19/2025 02/20/2025 02/24/2025 02/25/2025 02/26/2025 02/27/2025 02/28/2025 03/03/2025 03/04/2025 03/05/2025 03/07/2025 03/10/2025 03/11/2025 03/12/2025 03/13/2025 03/14/2025 03/17/2025 03/18/2025 03/20/2025 03/24/2025 03/25/2025 03/26/2025 03/27/2025 03/28/2025 03/31/2025 04/01/2025 04/02/2025 04/03/2025 04/07/2025 04/08/2025 04/09/2025 04/14/2025 04/15/2025 04/16/2025 04/17/2025 04/18/2025 04/21/2025 04/22/2025 04/24/2025 04/25/2025 04/29/2025 04/30/2025 05/01/2025 05/05/2025 05/06/2025 05/07/2025 05/08/2025 05/09/2025 05/12/2025 05/13/2025 05/14/2025 05/15/2025 05/16/2025 05/20/2025 05/21/2025 05/22/2025 05/26/2025 05/27/2025 05/28/2025 05/29/2025 05/30/2025 06/04/2025 06/05/2025 06/06/2025 06/09/2025 06/10/2025 06/11/2025 06/12/2025 06/16/2025 06/17/2025 06/18/2025 06/24/2025 06/25/2025 06/26/2025 07/01/2025 07/02/2025 07/03/2025 07/07/2025 07/08/2025 07/09/2025 07/10/2025 07/14/2025 07/15/2025 07/16/2025 07/17/2025 07/18/2025 07/22/2025 07/23/2025 07/24/2025 07/28/2025 07/29/2025 07/31/2025 08/07/2025 08/11/2025 08/12/2025 08/13/2025 08/14/2025 08/15/2025 08/18/2025 08/19/2025 5th Notice of Violation - Page 6 of 16 08/20/2025 08/21/2025 08/26/2025 08/28/2025 09/02/2025 09/03/2025 09/04/2025 09/08/2025 09/09/2025 09/12/2025 09/15/2025 09/16/2025 09/17/2025 09/18/2025 09/19/2025 09/22/2025 09/23/2025 09/24/2025 09/25/2025 09/26/2025 09/29/2025 09/30/2025 10/01/2025 10/02/2025 10/03/2025 10/06/2025 10/07/2025 10/08/2025 10/09/2025 10/10/2025 10/13/2025 10/14/2025 Code Compliance, together with representatives of the Renton Police Department and the Renton Regional Fire Authority, was escorted by the Construction Manager for the Property Owner for an on-site walkthrough of the vacant office buildings on June 5, 2024. Renton Police Department, with permission of the Construction Manager, conducted an unmanned aerial vehicle (“UAV”) survey of the interior of the vacant office buildings on the premises on or about December 4, 2024. Additional UAV inspections have been conducted in order to attempt to assess and enforce instances of trespassing. These inspections and additional observations and community reports (e.g., the City’s community reporting portal known as “Renton Responds” or “See-Click-Fix”) demonstrate clearly that the condition of the property has only been deteriorating with ineffective attempts by the Persons in Control to maintain compliance with applicable City codes and requirements. Renton Regional Fire Authority Stop Work Order and 24-Hour Fire Watch Following the June 5, 2024, walkthrough the Renton Regional Fire Authority (“RRFA”) issued a Stop Work Order prohibiting access to the premises with limited exceptions. They also noted interior and exterior conditions they assert create hazards to unauthorized occupants and firefighter safety. Both buildings on the property were placed on an immediate 24-hour fire watch to address inoperable fire suppression systems. As a result of the conditions, and concern for firefighter safety in responding to emergency calls for the buildings, the RRFA instituted a “defensive tactics only” limitation on the buildings. It is not clear whether a 24-hour fire watch was ever instituted, but since at least August 23, 2024, the City has seen no evidence or confirmation that the RRFA-mandated 24-hour fire watch is in place. The RRFA began regular exterior inspections to verify whether a 24-hour fire watch is in place and has also confirmed it is not in place. Previous Code Compliance Warnings or Notices of Violation: Despite warnings, multiple Notice & Orders, and a VCA, the Property Owner has not consistently taken substantive steps to cure the identified violations, nor have they to date 5th Notice of Violation - Page 7 of 16 appealed either the violations or the related fines . Most violations identified in previous Notice & Orders and this 5th Notice are related to maintenance conditions of the vacant buildings and their premises. As discussed above, failure to maintain and secure the vacant buildings from unauthorized entry have resulted in the repeated emergency calls, identified nuisance conditions, and the premises being a public safety hazard. Code Compliance for the City of Renton issued its first Warning of Violation on December 7, 2023. Under Code Compliance Cases 23-000667 (“2023 Case”) and 24-000670 (“2024 Case”), Notices of Violation & Orders to Correct, including related fines, were issued for the premises as follows (by date of mailing): • 2023 Case: September 19, 2024, and October 29, 2024 • 2024 Case: September 30, 2024, and October 17, 2024, and November 4, 2024 • Consolidated Cases: January 10, 2025 This 5th Notice of Violation and Order to Correct is for the two consolidated Code Compliance Cases under CODE24-000670. It does not replace the RRFA’s requirement of a 24-hour fire watch, but adds a separate and overlapping requirement for around the clock 24/7 onsite security to deter trespassing and further deterioration of the Premises. Status of Fines: Daily fines issued under Notice & Order 1, 2, 3, and 4 accrued through the execution of the VCA in the amount of three million four hundred seventy-eight thousand and fifty dollars and zero cents ($3,478.050.00) remain due and owing. Effective on the date of issuance of this Order, accrual of daily fines under previous orders is suspended and superseded by daily fines identified in this Notice & Order. Fines issued pursuant to this 5th Notice & Order will accrue according to its terms until violations are corrected to the satisfaction of the City, or this 5th Notice & Order is superseded. The City takes the position that findings of violations may not be appealed beyond the initial fifteen (15) day appeal period starting from this Notice, but for fines that accrue on a daily basis after issuance, the appeal period is a rolling fifteen (15) days for appeals of the amount assessed for daily fines. If at any time you believe you have abated violations pursuant to this Notice & Order, you may request in writing to Donna Locher at the contact information provided below for the fines to be discontinued or reduced. The City’s decision on such request will be final unless appealed in the same manner as an appeal to this Notice & Order within fifteen (15) days of such decision on the request. 5th Notice of Violation - Page 8 of 16 Order of Corrective Action: Because the violations noted herein are Continuing Violations (RMC 1-3-1.E and RMC 1-10-3.D), abatement shall not be deemed to be complete and fines will continue to accrue on a daily basis until a Person in Control has notified the Code Compliance Inspector (“CCI”) of the abatement and the CCI has been afforded a reasonable opportunity to inspect the Violation and deem the Abatement complete. The CCIs for this Notice & Order are: Donna Locher Email: dlocher@rentonwa.gov Address: 1055 South Grady Way, Renton, WA 98057 Eric Petzold Email: epetzold@rentonwa.gov Address: 1055 South Grady Way, Renton, WA 98057 In order to cure the violations and terminate accrual of fees/fines identified herein, the Property Owner must demonstrate to the satisfaction of the City that the violations have been abated/eliminated and that there are reasonable measures in place to adequately maintain the premises in a safe and secure condition, including at a minimum immediately (within 48- hours) taking all reasonable steps necessary to: 1. Immediately close and vacate (remove from) the structures and the surrounding premises all unauthorized personnel pursuant to RMC 4-5-060.O (unsafe structures) and RMC 4-5-130.B.1 (responsibility to not occupy or permit another to do so) and other applicable orders herein. 2. Improve security of all accessible windows, doors, and openings. This includes upper-level floors that have been, or appear to be, accessible through such means as access bridges, ladders, terrain, or otherwise. Boarding shall be cut to fit the size of the frame and secured on four sides with screws, there should be no space between the boards and the frame that would allow unauthorized persons to pry off the boards. Methods and locations of security are subject to on – site walkthrough inspections and agreements by the City; 3. Remove/cover graffiti in compliance with relevant code requirements; and 4. Comply with all orders of the Renton Regional Fire Authority, including implementing a 24- hour fire watch; and 5. Cover and secure holes in flooring, including securing open elevator shafts; and 6. Immediately, within 48 hours of this notice, provide 24- hour security patrol consisting of at least a two person Washington State licensed security guard team constantly patrolling the exterior perimeter of the property to deter, encounter, and report to 911 unauthorized entry to the property until the City determines such patrols are no longer necessary. 7. Maintain perimeter fencing to secure boundaries of premises. ** Because this is an ongoing violation, fines set forth in the following section are in effect immediately starting October 14, 2025. If corrective actions to secure the Premises are not promptly implemented with immediate diligent and continued action, the City may take additional enforcement action beyond imposition of these fines. Property Owner demonstrate compliance with all abatement requirements to the 5th Notice of Violation - Page 9 of 16 satisfaction of the City via site inspection, photo documentation, executed contract to complete required action, etc. as appropriate to the applicable corrective action. If the City deems necessary and feasible, the City may at any time perform summary abatement actions, pursuant to RMC 1-3-3.G and RMC 1-10-3.D or other applicable law, and costs of which will be charged to the Persons in Control and against the Premises. BY: _________________________________________ Eric Petzold, Code Compliance Inspector DATE: October 15, 2025 DETAILS OF VIOLATIONS, FINES, AND ORDERS: VIOLATION 1: Maintenance of Vacant Building Code Text: RMC 4-5-130.B.1 amending Section 301.2 of the 2018 Edition of the IPMC to read as follows: Responsibility: The owner of the premises shall maintain the structures and exterior property in compliance with these requirements, except as otherwise provided for in this code. A person shall not occupy as owner-occupant or permit another person to occupy premises which are not in a sanitary and safe condition and which do not comply with the requirements of this section. RMC 4-5-130.B.2 referencing Subsection 301.3, Vacant structures and land, of the 2018 Edition of the IPMC: 301.3 Vacant buildings: All vacant buildings and premises thereof must comply with this Code. Vacant buildings shall be maintained in a clean, safe, secure and sanitary condition provided herein so as not to cause a blighting problem or otherwise adversely affect the public health, safety, or quality of life. Violation Facts: The buildings and premises are not maintained in a clean, safe secure, and sanitary condition. There are inadequately boarded and broken windows. The doorways are boarded up. There is graffiti on the buildings and people are occupying the premises despite its unsafe condition. Lack of security, including failing to maintain the existing fence, provide 24-hour security monitoring, and repair openings has led to increasing blight, crime, and insecurity. Corrective Actions: Until the property is brought into full compliance with this section, Person in 5th Notice of Violation - Page 10 of 16 control shall: 1. Immediately, within 48 hours of this notice, improve security of all accessible windows, doors, and openings. This includes upper-level floors that have been, or appear to be, accessible through such means as access bridges, ladders, terrain, or otherwise. Boarding shall be cut to fit the size of the frame and secured on four sides with screws, there should be no space between the boards and the frame that would allow unauthorized persons to pry off the boards. Methods and locations of security are subject to on – site walkthrough inspections and agreements by the City 2. Remove/cover graffiti in compliance with relevant code sections; and 3. Immediately, within 48 hours of this notice, provide 24- hour security patrol consisting of at least a two person Washington State licensed security guard team constantly patrolling the exterior perimeter of the property to deter, encounter, and report to 911 unauthorized entry to the property until the City determines such patrols are no longer necessary. Fees: Description Daily Subtotal $250 Fine Per Day until Abated $250 VIOLATION 2: Appearance of Vacant Building Code Text: RMC 4-5-130.B.2 referencing Subsection 301.3.1 Appearance, of the 2018 Edition of the IPMC: Subsection 301.3.1 Appearance: All vacant buildings must appear to be occupied or appear able to be occupied with little or no repairs. Violation Facts: The buildings are not maintained to appear legally occupied. The buildings and premises continue to become more and more damaged with no attempt to maintain or repair. Corrective Action: Until the property is brought into full compliance with this section, Person in control shall: 1. Immediately, within 48 hours of this notice, commence and complete within 96 hours of this notice, Improve security of all accessible windows, doors, and openings. This includes upper-level floors that have been, or appear to be, accessible through such means as access bridges, ladders, terrain, or otherwise. Boarding shall be cut to fit the size of the frame and secured on four sides with screws, there should be no space between the boards and the frame that would allow unauthorized persons to pry off the boards. Methods and locations of security are subject to on – site walkthrough inspections and agreements by the City; 2. Remove/cover graffiti in compliance with relevant code sections; and 3. Maintain perimeter fencing to secure boundaries of premises 5th Notice of Violation - Page 11 of 16 Fees: Description: Daily Subtotal Daily Fine included under Violation 1 $0.00 VIOLATIONS 3 – 307: Security of Vacant Building Code Text: RMC 4-5-130.B.2 referencing Subsection 301.3.2 Security, of the 2018 Edition of the IPMC: Subsection 301.3.2 Security: All vacant buildings must be secured against outside entry at all times. Security shall be by the normal building amenities such as windows and doors having adequate strength to resist intrusion Violation Facts: There are at least 304 broken windows and doors on the building that have no plywood or other covering to secure the openings. No permits have been obtained for repairs. Each unsecured window or door is a separate violation. Corrective Action: Until the property is brought into full compliance with this section, Person in control shall: 1. Immediately, within 48 hours of this notice, improve security of all accessible windows, doors, and openings. This includes upper-level floors that have been, or appear to be, accessible through such means as access bridges, ladders, terrain, or otherwise. Boarding shall be cut to fit the size of the frame and secured on four sides with screws, there should be no space between the boards and the frame that would allow unauthorized persons to pry off the boards. Methods and locations of security are subject to on – site walkthrough inspections and agreements by the City; 2. Immediately, within 48 hours of this Notice, provide 24-hour/7-day security patrol consisting of at least a 2-person Washington State licensed security guard team constantly patrolling the exterior perimeter of the property to deter, encounter, and report to 911 unauthorized entry to the property until the City determines such patrols are no longer necessary 3. Maintain perimeter fencing to secure boundaries of premises Fees: Description Daily Subtotal 304 violations @ $100 per violation/per day $30,400.00 VIOLATIONS 308 - 465: Security of Vacant Building Code Text: RMC 4-5-130.B.2 referencing Subsection 301.3.2.1 Architectural (cosmetic) structural panels, of the 2018 Edition of the IPMC: 5th Notice of Violation - Page 12 of 16 Subsection 301.3.2.1 Architectural (cosmetic) structural panels: Architectural structural panels may be used to secure windows, doors, and other openings provided they are cut to fit the opening and match the characteristics of the building. Architectural panels may be of exterior grade finished plywood or Medium Density Overlaid plywood (MDO) that is painted to match the building exterior or covered with a reflective material such as plexi-glass. Exception: Untreated plywood or similar structural panels may be used to secure windows, doors and other openings for a maximum period of thirty (30) days. Violation Facts: There are 158 openings in violation of the cut to fit, not painted to match, or have been installed more than thirty (30) days requirement. Corrective Action: Until the property is brought into full compliance with this section, Person in control shall: 1. Immediately, within 48 hours of this notice, improve security of all accessible windows, doors, and openings. This includes upper-level floors that have been, or appear to be, accessible through such means as access bridges, ladders, terrain, or otherwise. Boarding shall be cut to fit the size of the frame and secured on four sides with screws, there should be no space between the boards and the frame that would allow unauthorized persons to pry off the boards. Methods and locations of security are subject to on – site walkthrough inspections and agreements by the City; 2. Immediately, within 48 hours of this Notice, provide 24-hour/7-day security patrol consisting of at least a 2-person Washington State licensed security guard team constantly patrolling the exterior perimeter of the property to deter, encounter, and report to 911 unauthorized entry to the property until the City determines such patrols are no longer necessary 3. Maintain perimeter fencing to secure boundaries of premises Fees: Description Daily Subtotal 158 Violations @ $100 per violation/per day $15,800.00 VIOLATION 466: Fire Safety Investigation Dates: June 5, 2024 Code Text: RMC 4-5-070 adoption of International Fire Code, and RMC 4-5-070.C.25 referencing Subsection 112.4 Failure to Comply: 113.4 Failure to comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be guilty of a misdemeanor, subject to RMC 1-3-1. 5th Notice of Violation - Page 13 of 16 Violation Facts: The Renton Regional Fire Authority (RRFA) issued a Stop Work Order, prohibiting unauthorized access to the vacant buildings and requiring institution of a 24-hour fire watch to mitigate inoperable fire protection systems. According to September 19, 2024, notice from the RRFA, unauthorized access continues to be a problem, and there is no fire watch in place. (1 violation for no fire watch, in addition to fines and penalties issued by the Renton Regional Fire Authority) Corrective Action: Person in control shall: 1. Clear the building of unauthorized entrants; and 2. Secure the building against entry; and 3. Institute a 24-hour fire watch until such time the RRFA approves its removal Fees: Description Daily Subtotal 1 violation @ $250 per day $ 250.00 VIOLATIONS 467- 477: Interior Floors Investigation Dates: June 5, 2024 Code Text: RMC 4-5-130.B.2 referencing Subsection 301.3.8 Interior Floors of the 2018 Edition of the IPMC: 301.3.8 Interior floors: If a hole in a floor presents a hazard, the hole shall be covered and secured with three-quarter inch (3/4") plywood, or a material of equivalent strength, cut to overlap the hole on all sides by at least six inches (6"). Violation Facts: On the June 5, 2024, site inspection CCI observed at least ten (10) uncovered and/or unsecured holes in the flooring, including open elevator shafts noted in the RRFA Stop Work Order. No permits have been obtained to repair such holes. Corrective Action: Person in control shall: 1. Cover and/or secure holes in the flooring in compliance with relevant code sections and obtain required permits Fees: Description Daily Subtotal 10 violations @ $250 per violation/per day $ 2,500.00 VIOLATIONS 478 – 482: Defacement of Property (“Graffiti”) Code Text: 5th Notice of Violation - Page 14 of 16 RMC 4-5-130.B.2 referencing Subsection 302.9 Exterior Property Areas: Defacement of the 2018 Edition of the IPMC: 301.2.9 Exterior Property Areas: Defacement of Property: No person shall willfully or wantonly damage, mutilate, or deface any exterior surface of any structure or building n 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. Violation Facts: There are at least 4 separate graffiti markings visible from the public right-of-way along the exterior of the premises which have not been removed in a timely manner. The Person in Control has not taken steps to restore the surfaces to an approved state of maintenance and repair, and the property owner has had previous notice of the graffiti. Corrective Action: Person in control shall: 1. Remove, cover, or otherwise restore the surface of structures of the premises to an approved state of maintenance and repair. Fees Description Daily Subtotal 4 violations @ $250 per violation/per day $ 1,000.00 SUMMARY DAILY FINES Daily Fees Violations 1 – 482 Violations 1 and 2: $ 250.00 Violations 3-307: $ 30,400.00 Violations 308-465: $ 15,800.00 Violations 466: $ 250.00 Violations 467-477: $ 2,500.00 Violations 478-482: $ 1,000.00 TOTAL DAILY FINE: $ 50.200.00 Payment of $50,200.00 must be made within fifteen (15) days of the date of this Notice of Violation for the violations as they exist on such date. and additional amounts will be invoiced or imposed by separate order for every day the required corrections are not implemented. RMC 1-3-1 and RMC 1-10-3 D I certify under penalty of perjury under the laws of the State of Washington that I have issued this Notice of Violation on this date and at the Premises identified above. This Notice of Violation and 5th Notice of Violation - Page 15 of 16 Order is issued on the date of my signature below is based upon information and belief that there is a preponderance of evidence that the violator committed the above violations. Signed: __________________________________________________ Date: ______________________ Eric Petzold, Code Compliance Inspector 10/15/2025 5th Notice of Violation - Page 16 of 16 Code Case No: CODE23-000667; CODE24-000670 Property Identification of Violation: Tax Parcel ID 7564600055 Commonly Called: 500 Park, 530 Park, and/or 535 Garden, Renton, WA 98057 Daily Fines - 5th Notice & Order: $50,200.00 NOTICE OF RENTON MUNICIPAL CODE VIOLATION The City has elected to establish a non-judicial hearing and determination system to enforce Renton Municipal Codes (RMC) civil code violations. Therefore a code violation penalty, consistent with RMC 1- 10-3 is imposed, not including any costs, fees or assessments. Please select a response: □ I deny creating, permitting to exist, maintaining or failing to eliminate the violation(s) and I am requesting a hearing to contest this Notice of Violation. Appeal requests must be received by the Renton City Clerk’s office within 15 days of the date of this Notice of Violation. Please send me a hearing date. I promise to appear on that date. The administrator must prove by a preponderance of the evidence that I committed the violation. Failure to attend the scheduled hearing makes the Notice of Violation final, and I may be subject to additional costs if I fail to withdraw or resolve my appeal prior to the hearing date. I also understand that the city has not waived any rights or remedies under the law. Appeals should be mailed to: City of Renton Attention: City Clerk 1055 S Grady Way Renton, WA 98057 □ I admit that I have created, permitted to exist, maintained or failed to eliminate the violation(s) and do not need or want any kind of hearing. As a result, I have enclosed a check or money order (do not send cash) in the amount of $_________. I understand I am required to bring the property into compliance with City of Renton Municipal Code. I also understand that if compliance is not achieved I may be issued additional Notice of Violation with increasing penalties, and or criminally prosecuted. NSF checks will be treated as failure to respond. Payment should be mailed to:    City of Renton  Attention: 1st Floor Finance  1055 S Grady Way    Renton, WA 98057   Complete information below: (PLEASE PRINT) Name: ______________________________________________________________ Street or P.O. Box: ____________________________ City, State, Zip Code: _____________________________ Telephone: Home: ____________________ Work: _________________________ Email:_____________________________________________________________ Signature of Violator: _______________________________ Date: ____________ EXHIBIT 8 (October 15, 2025) EMAIL TO CED ADMINISTRATOR WITH NOTICE OF APPEAL Outlook FW: Scanned image from MX-5071 From Chris Kelly <ckelly@aaamanagementllc.com> Date Wed 10/15/2025 4:43 PM To Gina Estep <gestep@rentonwa.gov> Cc Steve Shamoun <sshamoun@diamond-electronics.com>; Michael Edwards <michael.edwards@hcmp.com> 1 attachment (42 KB) SD-SHARP PRINTER_20251015_184933.pdf; CAUTION: This email originated from outside the City of Renton. Do not click links, reply or open attachments unless you know the content is safe. Gina, Appeal document attached. Chris Kelly Director of Construction -----Original Message----- From: sharp-sd@diamond-electronics.com Sent: Wednesday, October 15, 2025 4:50 PM To: Chris Kelly Subject: Scanned image from MX-5071 Reply to: SD-SHARP PRINTER Device Name: SHARP_PRINTER Device Model: MX-5071 Location: SUITE 409 File Format: PDF MMR(G4) Resolution: 200dpi x 200dpi Attached file is scanned image in PDF format. Use Acrobat(R)Reader(R) or Adobe(R)Reader(R) of Adobe to view the document. Adobe(R)Reader(R) can be downloaded from the following URL: Adobe, the Adobe logo, Acrobat, the Adobe PDF logo, and Reader are registered trademarks or trademarks of Adobe in the United States and other countries. http://www.adobe.com/ EXHIBIT 9 ION RENTON, LLC APPEAL REQUEST CITY OF RENTON OCT 21 2025 Code Case No:CODE23-000667;CODE24 1000670 -Voluntary Correction Agreement(RMC RECEIVED Property Identification of Violation:uLERK'S OFFICE Tax Parcel ID 7564600055 Commonly Called:500 Park,530 Park,and/or 535 Garden,Renton,WA 98057 Resumption of Daily Fines$23,300.00—Notice of Agreement Violation NOTICE OF RENTON MUNICIPAL CODE VIOLATION The City has elected to establish a non-judicial hearing and determination system to enforce Renton Municipal Codes(RMC)civil code violations.Therefore a code violation penalty,consistent with RMC 1-3--2.P is imposed,not including any costs,fees or assessments.Please select a response: XI deny creating,permitting to exist,maintaining or failing to eliminate the violation(s)and I am requesting a hearing to contest this Notice of Violation.Appeal requests must be received by the Renton City Clerk's office within 15 days of the date of this Notice of Violation.Please send me a hearing date.I promise to appear on that date.The administrator must prove by a preponderance of the evidence that I committed the violation.Failure to attend the scheduled hearing makes the Notice of Violation final,and I may be subject to additional costs if I fait to withdraw or resolve my appeal prior to the hearing date.I also understand that the city has not waived any rights or remedies under the law. Appeals should be mailed to: City of Renton Attention:City Clerk 1055 S Grady Way Renton,WA 98057 I admit that I have created,permitted to exist,maintained or failed to eliminate the violation(s)and do not need or want any kind of hearing.As a result,I have enclosed a check or money order(do not send cash)in the amount of$_23,300.00(twenty-three thoc and three hundred_dollars]per day between date of Notice and date of submission of payment.I understand I am required to bring the property into compliance with City of Renton Voluntary Correction Agreement.I also understand that if compliance is not achieved I may be issued additional Notice of Violation with increasing penalties,and or criminally prosecuted.NSF checks will be treated as failure to respond. Payment should be mailed to: City of Renton Attention: 1'Floor Finance 1055 S Grady Way Renton,WA 98057 Complete information below:(PLEASE PRINT) Name: Ion Renton, LLC Street or P.O.Box: 1450 Frazee Road,Suite 409 City,State,Zip Code: San Diego, CA 92108 Telephone: Home: NA Work: 619-278-0714 Email: ckelly@aaama .- - Ic.com Signature of Violator: Date: 10/15/2025g otice of greement Violation -Page 8 of 8 4- 0 rc l : 0 II II II I I I II ! 6. 04 ° S Cv A US PO S T A G E 1 G ) N L ( V/ E I FI R S T - CL A S S I 06 3 5 1 3 1 1 9 0 9 1 92 1 0 6 00 0 0 3 9 9 6 6 rT h 95 8 9 07 1 0 52 7 0 29 7 8 41 0 8 02 ti : YY + I C4 y - CI T Y RE N T ' ' , c o RE r . . ik \ kC y C I 1< OC T 21 20 2 5 Ic 0- r- A4 - y W RE C E I V E D CI T Y CL E R K S OF F I C E tA j 0_ _ Ak - ou \ ) EG O S ” ? - ; : 32 S i' i ' li ' Il i { if t i l i l l l l f i i i l } li l l l} i„ I1 1 ' If l { II I { ii t l , l li l