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HomeMy WebLinkAboutChien ltr & decision Denis Law Mayor O City Clerk-Jason A.Seth,CMC August 14, 2018 Mr. Jason Chien 16545 41'Avenue N.E. Seattle, WA 98155 Re: Hearing Examiner's Decision Code Case No: CODE-18-000175 Dear Mr. Chien: Attached is your copy of the Hearing Examiner's Decision dated August 14, 2018 in the above- referenced matter. If I can provide further information, please feel free to contact me. Sincerely, l42,..Ct Jason A. Seth City Clerk cc: Hearing Examiner Craig Burnell, Building Official Donna Locher, Code Compliance Inspector Robert Shuey, Code Compliance Inspector Kevin Louder, Code Compliance Inspector 1055 South Grady Way,Renton,WA 98057 • (425)430-6510/Fax (425)430-6516 • rentonwa.gov BEFORE THE HEARING EXAMINER CITY OF RENTON REPORT AND DECISION—APPEAL OF FINDING OF VIOLATION File Number: FOV#: 18-000175 Location of Violation: 371 Stevens Avenue SW Renton, WA 98057 Appellant: Jason Chien 16545 41st Avenue NE Seattle, WA 98155 Appellant's Representative: Ms. Lydia Chow Public Hearing: Held on July 31, 2018 at 10:30 am at Renton City Hall. Decision: Findings of Violation sustained. Penalty of$250 assessed. SUMMARY OF DECISION The Findings of Violation are sustained; however, all issues were addressed prior to the hearing. Mr. Chien has been charged with violating sections of the Renton Municipal Code for Outdoor Storage— Residential and Junk Vehicles. A Penalty of$250 is assessed. SUMMARY OF HEARING TESTIMONY Rob Shuey, City of Renton Code Compliance Inspector, described the violations. He noted that the City send a Warning of Violation in April 3,2018 with four noted violations including Outdoor Storage — Residential, Garbage and Recyclables on Public/Private Property, Junk Vehicles and Bulky Waste on Private Property. The appellant's representative, Lydia Chow, requested an extension on the same day noting disabling, but temporary health issues. On May 24, 2018, the City noted two of the original four violations remained including Junk Vehicles and Outdoor Storage. Additionally, the City noted a new violation for overgrown vegetation. The City spoke with Ms. Chow and agreed to extend the Comply By date to June 12, 2018. The City issued a Finding of Violation for the Outdoor Storage and Junk Vehicles on June 15, 2018. An inspection on July 31, 2018, prior to the hearing revealed that all outstanding violations had been resolved. The City requested the Examiner levy the $500 fine to reimburse the City for significant effort and because this appellant has a history of code enforcement violations prior to this offense. Lydia Chow,the appellant's agent, is the apartment manager for Mr. Chien. Ms. Chow apologized for the delay and reiterated that she had been in poor health during the Spring of this year and was Code Enforcement Decision- 1 living in a rehabilitation center after knee surgery. She stated she would maintain the property into the future. She also requested that the Examiner consider reducing the penalty. EXHIBITS Ex. 1 Appeal Request dated June 21, 2018 w/attached letter Ex. 2 Renton Code Compliance Narrative and Code Case Activity Report Ex. 3 Warning of Violation w/Owner Information dated April 3, 2018 Ex. 4 Warning of Violation Photos dated March 30, 2018 and DOL Documentation Ex. 5 Email from Lydia Chow dated April 3, 2018 Ex. 6 Email to Lydia Chow dated May 24, 2018 Ex. 7 Finding of Violation dated June 15, 2018 Ex. 8 Finding of Violation Photos dated June 14, 2018 and Invoice for Penalty Ex. 9 Photographs of Subject dated July 31, 2018 FINDINGS OF FACT 1. The site is located at 371 Stevens Avenue SW, Renton. The site in question is a multi- family apartment complex owned by Mr. Chien. The Finding of Violation was directed to Mr. Chien at 1545 41st Avenue NE, Seattle, Washington. 2. The subject property is zoned R8. 3. Photographs taken by Mr. Shuey, Ex. 4 and 8, clearly establish that the subject property contained outdoor storage and junk vehicles. All findings are based on observations made by Mr. Shuey on March 30, 2018 and June 14, 2018. 4. The City issued a Warning of Violation to Mr. Chien on April 3, 2018 with four counts of violation including outdoor storage and junk vehicles. 5. The City issued a Notice of Violation on June 15,2018 with three counts including outdoor storage,junk vehicles and overgrown vegetation. 6. Mr. Chien abated the violations prior to the July 31, 2018 hearing. CONCLUSIONS OF LAW 1. Authority of Examiner: The Hearing Examiner has the authority and jurisdiction to review code violation as provided in RMC 1-3-2. 2. Code Violations: The Finding of Violation of this case (Ex. 7) is based upon the violation of Renton Municipal Code regulations, specifically RMC 4-5-130(B)(4) and the International Property Maintenance Code(Sections 308.2, 308.3, 308.4, 308.5 and 308.6) Outdoor Storage and Code Enforcement Decision-2 RMC 6-1-3 Junk Vehicles. The applicable criteria are quoted below in bold and italics with accompanying Conclusions of Law that apply those criteria to the Findings of Fact made above. International Property Maintenance Code Sections 308.2-6 as amended by RMC 4-5- 130(B)(4): 308.2 Allowed residential outdoor storage: For RC and R1 zoned properties, a maximum of 400 square feet of area may be used for outdoor storage. For R4 and R8 zoned properties, a maximum of two hundred(200) square feet of area may be used for 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 308.4 Emergency access: Outdoor storage areas shall not prevent emergency access to the residential structure or any other building. 308.5 Business related storage: Materials stored outdoors on residentially zoned properties shall not be owned by or used in any business or industry including a home occupation business. 308.6 Height limitations: Materials stored outdoors on residentially zoned properties shall be neatly stacked and not exceed a height of six feet (69. Tarps may not be utilized for screening outdoor storage. 3. Outdoor Storage Violations Affirmed in Part. The violation of RMC 4-5-130(B)(4) are affirmed, in part. The photographs in Exhibits 4 and 8 clearly show outdoor storage meeting the criteria of RMC 4-5-130(B)(4) including the presence in the front yard of a tire on a rim, buckets, rolls of astro turf, electrical extension cord, an oil change pan, a 5-gallon gas can, and a smaller gas can, a lawn mower and a metal tool box. The storage area was in excess of 200sf and located in the front yard.No evidence was presented that the storage prevented emergency access,that the storage was business related,that the storage pile exceeded six feet in height or was tamed. 4. RMC 6-1-2 Junk Vehicle: A vehicle that meets at least three of the following requirements: (1) a vehicle that is three years old or older; Code Enforcement Decision-3 (2) a vehicle that is extensively damaged, such damage including but not limited to any of the following: a broken window or windshield, or missing wheels, tires, motor, or transmission; (3) a vehicle that is apparently inoperable; (4)a vehicle that has an approximate fair market value equal only to the approximate value of the scrap in the vehicle's current condition; or (5) evidence of inoperability or damage that includes, but is not limited to, any buildup of debris that obstructs use, or a flat or missing tire or tires, or a nonfunctional motor or transmission, or missing bumpers, or missing license plates, or expired vehicle license plate tabs. 5. Junk Vehicle Violations Affirmed. The violation of RMC 6-1-2 are affirmed. The photographs in Ex. 4 and 8 clearly demonstrate the presence of junk vehicles meeting the criteria of RMC 6-1-3 on the subject property after the Comply By dates set by the City. These include an apparently inoperable 1991 Toyota truck with expired tags and filled with and surrounded by debris; a 2004 Dodge Stratus sedan that has not had valid tags since 2016 and appears to not have moved in that time based on the grass growing around it; an extensively damaged 2001 Dodge Ram truck with tags that expired in 2016 that is filled with garbage, another 2004 Dodge Stratus with expired tags and evidence of inoperability, and several other vehicles lacking tags (including a Ford Focus and a Dodge van). 6. Violations Abated. As of July 31, 2018, all violations have been abated. FINES Fines are governed by RMC 1-3-2(P): 1. The minimum penalty for the first violation shall be one hundred dollars ($100), not including costs or court costs,fees, and assessments. 2. The minimum penalty for the second violation of the same nature or a continuing violation shall be two hundred dollars ($200), not including costs or court costs,fees, and assessments. 1. The City assessed a Violation Fine of$250 per count,or$500 for the full violation.Though the violations are affirmed, both have since been abated. The Examiner recognizes both the City's efforts in this matter and the continuing violations. However,the appellant fully abated all counts of violation prior to the hearing. Therefore, the Examiner has reduced the penalty to $250. Code Enforcement Decision-4 DECISION One count of violating RMC 4-5-130(B)(4), outdoor storage and one count of violation of RMC 6-1-3 junk vehicles(Ex. 7), are affirmed as to Mr. Chien. The violation has since been abated. The appellant is hereby required to pay a penalty of$250. Decision issued on the 14th day of August 2018. Emily Terrill, 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 RC W. Code Enforcement Decision- 5