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HomeMy WebLinkAboutLUA-08-084 - Report 1September 30, 2008 OFFICE OF THE HEARING EXAMINER CITY OF RENTON REPORT AND DECISION APPELLANTS: Ralph Crear Representing: Christopher & Noraida Dawson 559 Windsor Place Renton, WA 980 Mark Barber Warren, Barber & Fontes City Attorney Renton, WA 98057 Representing: City of Renton Paul Baker Code Compliance Inspector Renton, WA 98057 Administrative Appeal of Notice and Order for Vacation of premises located at 559 Windsor Place, Renton, WA. File No.: LUA 08-084, AAD and SR05-0628 and OTC C05- 0692 PUBLIC HEARING: After reviewing the Appellants' written requests for a hearing and examining available information on file, the Examiner conducted a public hearing on the subject as follows: MINUTES The minutes of the September 23, 2008 hearing will be distributed at a later slate. The legal record is recorded on CD. The hearing opened on Tuesday, September 23, 2008, at 1:32 p.m. in the Council Chambers on the seventh floor of the Renton City Hall. Parties wishing to testify were affirmed by the Examiner. Parties present: Mark Barber, Sr. Assistant City Attorney Paul Baker, Code Compliance Officer City of Renton Ralph Crear, Attorney for Mr. Dawson Christopher Dawson, Appellant Dawson Code Violation Appeal File No.: LUA-08 September 30, 2008 Page 2 The following exhibits were entered into the record: Exhibit No. 1: Yellow file containing the original various reports, and letter of appeal. Exhibit No. 2: Stop Work Order -application, Exhibit No. 3: Original Notice and Order Exhibit No. 4: Inspection Report of Eugene Schneider Exhibit No. 5: ICC Certifications for Mr. Schneider The Examiner called for further testimony regarding this project. There was no one else wishing to speak, and no further comments from staff. The hearing closed at 4:00 p.m. FINDINGS. CONCLUSIONS & RECOMMENDATION Having reviewed the record in this matter, the Examiner now makes and enters the following: FINDINGS: The appellants, Christopher D. and Noraida M. Dawson, filed an appeal of a Notice and Order determining that their residence is a "Dangerous Building." 2. The appeal was filed in a timely manner. 3. The appellants own and reside at property located at 559 Windsor Place NE. The property is a single family home. 4. The home is located in the City of Renton. 5. The appellants have owned their home since sometime in 2001. The home was initially constructed in 1943. The appellants have had a variety of permits issued to enable them to remodel and renovate the home since 2002. All of those permits have since expired and no existing permits allow any further work on the home. 7. After what both parties tern informal inspections as well as documented inspections a number of deficiencies were identified. The appellants apparently did some work on structural elements as well as plumbing and electrical systems in the home. An inspection of the residence at 559 Windsor Place NE was done on July 11, 2007. The inspection was carried out by City of Renton building, electrical and code compliance inspectors. The results of that inspection were provided to both the appellant and his legal representative. 9. It appears from the record that the appellant never followed up on that inspection. The appellants apparently did not apply for or request permits to rectify any of the noted deficiencies. Those deficiencies are found below and were part of the Notice and Order that is being appealed in this proceeding. 10. The "Notice And Order" was issued on June 17, 2008. The order states: "The City of Renton has determined the building located on King County Dawson Code Violation Appeal File No- LUA-08 September 30, 2008 Page 3 Assessor's tax parcel number 9476200275 and addressed as 559 Windsor Place NE is a 'dangerous building'. Pursuant to RMC 4-5-060, RMC 1-3 and any other applicable codes or ordinances you are hereby ordered to vacate the structure at 559 Windsor Place NE, Renton, WA, within SEVENTY-TWO HOURS (underlining in original) of the posting of this notice." The Notice went on: "ACTION REQUIRED The dangerous building must be vacated within SEVENTY-TWO HOURS (underlining in original) of the posting of this notice. WHAT YOU MUST DO You or your licensed contractor must obtain permits to repair the violations that render 559 Windsor Place NE, Renton, WA, dangerous" 1 1. This appeal stayed the notice to vacate and the appellants still reside at the residence in question. 12. The appellants make two general arguments. first, the appellants are willing to rectify some of the deficiencies noted in the Order. Second, the appellants argue that some of the deficiencies noted in the report predated their permit applications, arguing, in fact, that some of those items are what are called "grandfathered" conditions that are not subject to current permitting or regulation standards. 13. The appellants' witnesses were a general contractor and an architect and neither was a licensed expert in electrical or plumbing systems. Neither could definitively address the electrical safety issues raised in the "Notice and Order." The general contractor described some of the work done on the residence as "crazy work" which does not provide much confidence in the safety or general efficacy of the renovations or what appeared to be renovations. Neither could address the potentially hidden defects behind closed walls or underneath foundation pours. Both witnesses did indicate that the way the order was written made it hard for them to determine precisely what portions of the home or systems might be deficient. W. The City's electrical inspector reiterated the electrical problems he found that were noted in Exhibit A (see below). He noted that when reviewing electrical systems and wiring, the assumption is that all wiring is live or will be live, that is, that such wires or systems carry an electric current. That means that wires twisted together without proper caps or electrical boxes or wiring inside walls but not protected by "nail plating" at stud locations would be considered live and a potential cause of fire or electrical shock. 15. It appears that interior walls were moved, a carport was walled in but did not comply with fire separation standards for enclosed garages, a carport "roof' was converted to a "deck" without proper permits and indications that it met structural load requirements. A "laundry room" was apparently created that did not meet code standards. Plumbing work and/or foundation work was closed prior to proper inspections making it impossible to determine if standards were complied with during installation. 16. Even if one could discern older work'that might be considered "grandfathered" it was noted that exposed or visible work that did not meet standards was subject to inspection and compliance with code. Dawson Code Violation Appeal File No.: LUA-08 September 30, 2008 Page 4 17. Attached to the "Notice and Order" were two exhibits. Exhibits A and B are quoted below. Exhibit A contains the "dangerous building violations" while Exhibit B contains the "building, electrical, plumbing and mechanical code violations that must be corrected before approval of occupancy can be granted." EXHIBIT A 1. NATIONAL ELECTRICAL CODE (NEC.) 110.14 EQUIPMENT GROUNDING CONDUCTORS SHALL BE PROPERLY CONNECTED WITH LISTED CONNECTIONS. (JUST TWISTING TOGETHER NOT APPROVED). POSSIBLE FIRE HAZARD 2. NEC.300.4 (A) NAIL PLATING REQUIRED WHEN DRILLED HOLES ARE LESS THAN 11/4" FROM INSIDE OF HOLE TO OUTSIDE OF STUD. POSSIBLE FIRE HAZARD 3. NEC408.40 SUB -PANEL IN BASEMENT SHALL HAVE NEUTRAL AND GROUNDS ISOLATED. POSSIBLE ELECTRICAL SHOCK 4. NEC.334.15 (B) BONDING OF HOT, COLD AND GAS PIPE REQUIRED IN BASEMENT FOR SERVICE PANEL. (200 AMP) POSSIBLE ELECTRICAL SHOCK 5. NEC.250.53 (A) GROUND ROD SHALL BE LOCATED OUTSIDE DWELLING AND NOT IN BASEMENT FOR MOISTURE LEVEL NEEDED. INSTALL A MINIMUM OF (2) GROUND RODS A MINIMUM OF 6' APART. POSSIBLE SHOCK HAZARD 6. NEC.334.15 EXPOSED ROMEX IN GARAGE AREA BOTTOM OF FLOOR JOISTS, ALSO ROMEX TO LIGHT IN GARAGE IS STUBBED OUT OF WALL & NOT PROPERLY PROTECTED. POSSIBLE FIRE AND SHOCK HAZARD 7. NEC334.40 NON-METALLIC ROMEX SHALL ENTER METAL BOX KO`S WITH APPROVED FITTINGS TO PROTECT CABLE. (RECESSED CAN LIGHTS) POSSIBLE FIRE HAZARD 8. NEC.314.27 (D) BEDROOM OFF DECK AND ALSO BACK BEDROOM HAS EXISTING PADDLE FANS SUPPORTED OFF BOXES NOT APPROVED FOR PADDLE FANS, WHICH CREATES A HAZARDOUS INSTALLATION. POSSIBLE FIRE HAZARD AND FALLING EQUIPMENT 9. REVISED CODE OF WASHINGTON (RCW.) 19.28.101 (4) SHEETROCK HAS BEEN INSTALLED IN A NUMBER OF LOCATIONS SUCH AS BATH, BEDROOM OFF DECK & BASEMENT CONCEALING THE NON-METALLIC SHEATHED CABLE BEFORE INSPECTED. POSSIBLE FIRE HAZARD 10. UNIFORM BUILDING CODE (UBC) SEC 106.4.5 WALLS MOVED IN SINGLE-FAMILY DWELLING. POSSIBLE COLLAPSE 11. UBC 1806 EXTERIOR WALL SUPPORTING DECK (BASEMENT WALL) REQUIRES A FOOTING. POSSIBLE COLLAPSE 12. UBC 108.5 FOOTING PLACED WITHOUT INSPECTION. POSSIBLE SEISMIC FAILURE 13. UBC 1806.6 ANCHOR BOLTS REQUIRED. POSSIBLE SEISMIC FAILURE 14. UBC 2320.11 IMPROPER WALL FRAMING Dawson Code Violation Appeal File No.: LUA-08 September 30, 2008 Page 5 BEAMS SUPPORTED BY POST TO FOOTING. POSSIBLE COLLAPSE 15. UBC TABLE 3-8 OCCUPANCY SEPARATION WALL. PREVENTS FIRE SPREAD 16. UNIFORM PLUMBING CODE (UPC) 103.5 APPROVAL OF UNDERGROUND PLUMBING INSTALLATION OF WASTE, VENT AND WATER PIPING NOT COMPLETE. POSSIBLE METHANE GAS EXPLOSION EXHIBIT B 1. NEC.334.15 (B) EXISTING ROMEX HANGING DOWN IN BATHROOM WITH KEYED PORCELAIN FIXTURE CONNECTED TO IT. ROMEX IS SUBJECT TO PHYSICAL DAMAGE HANGING OUTSIDE WALL & EXPOSED. 2. NEC.230.24 EXCEPT #2 SERVICE DROP SHALL BE RAISED A MINIMUM OF T ABOVE ADDITION TO BACK OF HOUSE FOR PROPER CLEARANCE. (ONLY APPROXIMATELY 12" CLEARANCE) 3. NEC.334.15 EXPOSED ROMEX 1N BASEMENT ABOVE SUB -PANEL. (NOT LOCATED IN WALL) 4. N EC.210.11 (C) (2) SHALL HAVE 20 AMP CIRCUIT FOR LAUNDRY IN BASEMENT. S. NEC.220.54 DRYER SHALL HAVE A MINIMUM OF A 30 AMP CIRCUIT IN BASEMENT. 6. NEC.210.12 BASEMENT BEDROOM LIGHTS AND RECEPTACLES SHALL BE GFI PROTECTED. 7. NEC.314.17 NON-METALLIC CABLE SHALL ENTER APPROVED ENCLOSURES AND BE SUPPORTED. (BASEMENT AREA) B. NEC.314.23 2-GANG SWITCH BOX NOT CONNECTED TO STUD - HANGING FREE AND SUPPORTED WITH A 12/2 ROMEX. 9. NEC.210.52 (A) DINING IN BASEMENT SHALL HAVE REQUIRED NUMBER OF RECEPTACLES. 10. NEC.200.6 AND NEC.250.62 GROUNDING ELECTRODE CONDUCTOR SHALL NOT HAVE WHITE PHASE TAPE ON TERMINATING END IN SERVICE PANEL. 11. NEC.110.22 PANEL DIRECTORY SHALL BE FILLED OUTTO INDICATE EACH DISCONNECTS PURPOSE. 12. NEC.334.30 SUPPORT AND SECURE ROMEX WITHIN 12" OF ENCLOSURES AND THEN EVERY 41/2". (BASEMENT AREA) 13. NEC.210.8 (A) AND NEC210.52 (5) (D) A GFCI RECEPTACLE SHALL BE LOCATED WITHIN T OF BASIN LOCATION IN BATHROOM LOCATED BY NEW BEDROOM OFF DECK. 14. UBC 509 INSTALL GUARDRAILS. Dawson Code Violation Appeal File No.: LUA-08 September 30, 2008 Page 6 15. UBC 1003.3.3.6 INSTALL HANDRAILS. 16. OBTAIN ALL REQUIRED MECHANICAL PERMITS. CONCLUSIONS: The appellant has the burden of demonstrating that the decision of the City Official was either in error, or was otherwise contrary to law or constitutional provisions, or was arbitrary and capricious (Section 4- 8-110(E)(7)(b). The appellants have failed to demonstrate that the action of the City should be reversed. The appeal is denied. 2. Arbitrary and capricious action has been defined as willful and unreasoning action in disregard of the facts and circumstances. A decision, when exercised honestly and upon due consideration of the facts and circumstances, is not arbitrary or capricious (Northern Pacific Transport Co. v Washington Utilities and Transportation Commission, 69 Wn. 2d 472,478 (1966). An action is likewise clearly erroneous when, although there is evidence to support it, the reviewing body, on the entire evidence, is left with the definite and firm conviction that a mistake has been committed. (Ancheta v Daly, 77 Wn. 2d255, 259 (1969)., An appellant body should not necessarily substitute its judgment for the underlying agency'with expertise in a matter unless appropriate. 4. The record clearly shows that the residence is a dangerous building and that occupancy during any needed renovation could jeopardize life and safety. As the Notice indicated "Dangerous buildings are any buildings or structures that have conditions or defects that endanger the life, health, property or safety of the public or the building's occupants." The list of problems is extensive. Many involve electrical problems that can lead to fire or electrical shock. Both fire and electrical shock may jeopardize life -safety. Some of the problems noted are structural and could lead to failure of supporting beams, ceilings or floors. Some of the problems that were found are less serious but still add to the overall conclusion that the home is not a safe living environment. 5. Occupancy of the home as a residence by the appellants is not appropriate when the outstanding problems are so extensive. The order to vacate the premises appears reasonable. It is based on a list of hazards in both electrical systems and structural elements. 6. The appellants' suggestion that substandard elements are grandfathered since they were preexisting is untenable. The problem with the appellants' "grandfathered" arguments is that there is nothing in the record that clearly delineates what items the appellants altered and what might have existed prior to their renovation work. The work appears in many instances to be haphazard. One of the appellants' witnesses testified that it was "crazy work." That strongly suggests things were amiss and not in just small measure. The appellants have the burden of demonstrating that the City's order was erroneous. They did not produce evidence supporting their claims of grandfathered deficiencies. In addition, what work might have been grandfathered, if any, was exposed by renovation and became subject to proper inspection. What is clear that some of the deficiencies noted on the "Notice and Order" are more than cosmetic and could lead to life/safety issues. 7. Even the structural issues raised by the appellants' witnesses were fairly debatable by one or both of those parties but they did not address the cumulative affects of substandard construction work. Foundation work, footings and supporting beams ,were either not properly done or were not subject to inspection. Roof structures were converted to decks without proper plans showing bearing loads. Dawson Code Violation Appeal File No.: LUA-08 September 30, 2008 Page 7 Improper fire separation was created when a carport was converted to an enclosed garage. The decision below should not be reversed without a clear showing that the decision is clearly erroneous or arbitrary and capricious. This office has found that the decision below was clearly supported by the facts and the decision below should not be reversed or modified. DECISION: The decision is affirmed and the appeal is denied. ORDERED THIS 30`s day of September 2008. FRED J. KA AN HEARING EXAMINER TRANSMITTED THIS 30`h day of September 2008 to the parties of record: Mark Barber Sr. Asst City Attorney City of Renton Renton, WA 98057 Christopher & Noraida Dawson 559 Windsor Place NE Renton, WA F,ugene Schneider Combination Inspector City of Renton Paul Baker Code Compliance Inspector City of Renton Renton, WA 98057 Jonathan Brown 17400 158`4 Ave SE Renton, WA 98058 Michael Smith Contractor for Dawson TRANSMITTED THIS 30t" day of September 2008 to the following: Mayor Denis Law Jay Covington, Chief Administrative Officer Julia Medzegian, Council Liaison Gregg Zimmerman, PBPW Administrator Alex Pietsch, Economic Development Jennifer Henning, Development Services Stacy Tucker, Development Services Renton Reporter Ralph Crear Puget Sound Law Group 17724 Eleventh Ave NE Shoreline, WA 98155 Richard Gilchrist Electrical Inspector City of Renton Dave Pargas, Fire Larry Meckling, Building Official Planning Commission Transportation Division Utilities Division Neil Watts, Development Services Janet Conklin, Development Services Pursuant to Title IV, Chapter 8, Section 100Gof the City's Code, request for reconsideration must be tiled in writiniz on or before 5:00 p.m., October I4, 2008. Any aggrieved person feeling that the decision of the Examiner is ambiguous or based on erroneous procedure, errors of law or fact, error in judgment, or the Dawson Code Violation Appeal File No.: LUA-08 September 30, 2008 Page 8 discovery of new evidence which could not be reasonably available at the prior hearing may make a written request for a review by the Examiner within fourteen (14) days from the date of the Examiner's decision. This request shall set forth the specific ambiguities or errors discovered by such appellant, and the Examiner may, after review of the record, take further action as he deems proper. An appeal to the City Council is governed by Title IV, Chapter 8, Section 110, which requires that such appeal be filed with the City Clerk, accompanying a filing fee of $75.00 and meeting other specified requirements. Copies of this ordinance are available for inspection or purchase in the Finance Department, first floor of City Hall. An appeal must be filed in writen on or before 5:00 .m. October 14 2008. If the Examiner's Recommendation or Decision contains the requirement for Restrictive Covenants, the executed Covenants will be required prior to approval by City Council or final processine of the file. You may contact this office for information on formatting covenants. The Appearance of Fairness Doctrine provides that no ex parte (private one-on-one) communications may occur concerning pending land use decisions. This means that parties to a land use decision may not communicate in private with any decision -maker concerning the proposal. Decision -makers in the land use process include both the Hearing Examiner and members of the City Council. All communications concerning the proposal must be made in public. This public communication permits all interested parties to know the contents of the communication anddwould allow them to openly rebut the evidence. Any violation of this doctrine would result in the invalidation of the request by the Court. The Doctrine applies not only to the initial public hearing but to all Requests for Reconsideration as well as Appeals to the City Council. CITY OF. RENTON * Hearing Examiner 1055 South Grady Way - Rey on WA 98057 7006 2150 0000 []327 0699 Chi- her & Noraida Dawson 5 559 or Pace NE W,4 lv L4 Let No'Acidress/unable Ta j` �� 4 Renton, 8057 0 Aft*nV ed - Not KnownForward 41110 d ❑ Refused Q No Such Street Ci No Such Nun tw ❑ lnsuificient Address This paper contains 50%recycled paper. 30% post-oonsumer SENDER: COMPLFTE THIS SECPON i ■ 'Qom'phM item 1, 2, and 3. Also complete Item-4 it Restricted Delivery is desired. I is Print your name and Address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mallplece, or on the front if space permits. t. Artici ressed to: W A A SlgnMrs 0Addressee erd X B. Received by (PrNtted Manta) G. Dats of Delivery D. Is delhrery address different from Item 1? ❑ Yes If YES, enter delivery address below: 0 No 3. Service Type 9Mrtif l Mail 0 BWm Mall 0 Registered 0 Return Receipt for Merchandise O Insured Mail 0 C.O.D. 4. RWtr'iotad Delivery? Oft Fee} 0 Yes 2. Article Number 7006 2150 0000 0337 0699 r PS Form 3811, August 2001 Domestic Return Receipt 102595-02-i•t54o ■ Complete items 1, 2, and 3. Also complete Item A if Restricted Cauvery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attaph this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: 2 r EA04- 19v,- ti4'r 2. Article On"ej PS Form A. Signature ❑ Agent ❑ Addressee 6. Aecelved by (Printed !fame} I C. DaWof Defivery D. Is delivery addiess dlffemrrt Tram item 17 N Yes If YES, enter delivery address below: �] No 3. Service Type ,&!Nrdf ed Mail 0 Express Wi ❑ Registered ❑ Return Receipt for Merchandise ❑ insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Feel p Yes 40. SZ-02-M-1570 UNrrED STATES POSTAL SERVICE Sender. Please print your name, address, and MP+*this box 4eo-'o rici 6-za-M /os-T set et� 6clzy lc'e4� . to', 91f 057 ■ Complete items 1, 2, and 3. Also complete Item 4 if Restricted Delivery is degrred. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: AUUP Signature Agent Addressee Otad iva nq C. Wept Delivery It delivery address different from stern 1? U Yet If YES, enter delivery address bebw. ❑ No 3. Service Type Certifiett Mail ❑tpress Mall ❑ Registered 29LEtetum Receipt for Merchandlse ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Feb) 13 Yes 2, Article Numtw t7ransferfrom service label) 10 1 ,August 2DD1 eturn Receipt 102595-02-WIS40 UNITED STATES POSTAL SERVICE • Sender-. Please print your name, addresg,'"-*and�+A�inMfo�s"b�ox'*4�.. /J Cay- I III LIM I 111 111111111 b I I I M STATE OF WASHINGTON, COUNTY OF KING } AFFIDAVIT OF PUBLICATION PUBLIC NOTICE Linda M Mills, being first duly sworn on oath that she is the Legal Advertising Representative of the Renton Reporter a bi-weekly newspaper, which newspaper is a legal newspaper of general circulation and is now and has been for more than six months prior to the date of publication hereinafter referred to, published in the English language continuously as a bi-weekly newspaper in King County, Washington. The Renton Reporter has been approved as a Legal Newspaper by order of the Superior Court of the State of Washington for King County. The notice in the exact form annexed was published in regular issues of the Renton Reporter (and not in supplement form) which was regularly distributed to its subscribers during the below stated period. The annexed notice, a: Public Notice was published on September 13, 2008. The full amount of the fee charged for said foregoing publication is the sum of $73.50. �: inda M. Mills Legal Advertising Representative, Renton Reporter Subscribed and sworn to me this 15th day of September, 2008. Kathy Dal , Notary PublVfor the State of Washington, Residing in Covington, Washington P. O. Number: NOTICE OF APPEAL HEARING RENTON HEARING EXAMINER RENTON, WASHINGTON An appeal Hearing will be held by the Renton Hearing Examiner in the Council Chambers on the seventh floor of Renton City Hall, 1055 South Grady Way, Renton, Washington, on September 23, 2008 at 1:30 p.m. to consider the following petitions: Dawson Code Compliance Appeal LUA08-084, AAD Location: 559 Windsor Place NE. Appeal of the administrative decision of the Notice and Order declaring (lie residential structure a dangerous hoilding_ Legal descriptions of the files nosed above are on file in the City Clerk's Office, Seventh Floor, City Hall, Renton. All interested persons are invited to be present at the Public Hearing to express their opinions. Questions should be directed to the Heating Examiner at 425-430-6515. Published in the Renton Reporter on September 13, 2008. #116065. STATE OF WASHINGTON, COUNTY OF KING } AFFIDAVIT OF PUBLICATION PUBLIC NOTICE Linda M Mills, being first duly sworn on oath that she is the Legal Advertising Representative of the Renton Reporter a bi-weekly newspaper, which newspaper is a legal newspaper of general circulation and is now and has been for more than six months prior to the date of publication hereinafter referred to, published in the English language continuously as a bi-weekly newspaper in King County, Washington. The Renton Reporter has been approved as a Legal Newspaper by order of the Superior Court of the State of Washington for King County. The notice in the exact form annexed was published in regular issues of the Renton Reporter (and not in supplement form) which was regularly distributed to its subscribers during the below stated period. The annexed notice, a: Public Notice was published on August 2, 2008. The full amount of the fee charged for said foregoing publication is the sum of $71.40, Eiilda M. Mills Legal Advertising Representative, Renton Reporter Subscribed and sworn to me this 5th day of August, 2008. Kathy Dals , otary Publ' or the State of Washington, Residing in Covingt , Washington P. O. Number: NOTICE OF APPEAL. BEARING RENTON HEARING EXAMINER RENTON, WASHINGTON An appeal Hearing will be held by the Renton Hearing Examiner in the Council Chambers on the seventh floor of Renton City Hall, 1055 south Grady Way, Renton, Washington, on August 12, 2008 at 10:00 a.m. to consider the following petitions: Dawson Code Compliance Appeal LUA08 084,AAD Location:559WindcorP1aceNE:. Appeal of the administrative decision of the Notice and Order declaring the re,idential structure a dangerous huildi[T Legal dewripzinns of the filet iwicd above arcon file inthe City Clerk's Office, Seventh Floor, City Hall, Renton. Ai9 interested persons arc invited to be present at the. Public Hearing to express their opinions, Questions should be directed to the Hearing Examiner at 425-430-6515. Published in the Renton Reporter on August 2, 2008. #102065. DAt& lit, 1 Q�tir,SgloM Zerrr� {y� / `a� ' ��r1'1pfi WAS�,`���� October 16, 2008 OFFICE OF THE HEARING EXAMINER CITY OF RENTON REPORT AND DECISION APPELLANTS: Ralph Crear Representing: Christopher & Noraida Dawson 559 Windsor Place Renton, WA 980 Mark Barber Warren, Barber & Fontes City Attorney Renton, WA 98057 Representing: City of Renton Paul Baker Code Compliance Inspector Renton, WA 98057 Administrative Appeal of Notice and Order for Vacation of premises located at 559 Windsor Place, Renton, WA. File No_: LUA 98-084, AAD and SRO 50628 and OTC C050692 PUBLIC HEARING: After reviewing the Appellants' written requests for a hearing and examining available information on file, the Examiner conducted a public hearing on the subject as follows: MINUTES The following minutes are a summary of the September 23, ZOOS hearing. The legal record is recorded on CD. The hearing opened on Tuesday, September 23, 2008, at 1:32 p.m. in the Council Chambers on the seventh floor of the Renton City Hall. Parties wishing to testify , ere affirmed by the Examiner. Parties present: Mark Barber, Sr. Assistant City Attorney Paul Baker, Code Compliance Officer City of Renton Ralph Crear, Attorney for Dawson Christopher Dawson, Appellant The following exhibits were entered into the record: Exhibit No. 1: Yellow file containing the original Exhibit No. 2: Stop Work Order application, various reports, and letter of appeal. w Dawson Code Violation A, --al File No.: LUA-08-084 AAD October 16, 2008 (Decision Issued 9/30/2008) Page 2 Exhibit No. 3: Original Notice and Order Exhibit No. 4: Inspection Report of Eugene Schneider Exhibit No. 5: ICC Certifications for Mr. Schneider Mr. Crear waived an opening statement and began by calling Mr. Dawson to testify Upon questioning by Mr. Crear, Mr. Dawson stated that he resides at 559 Windsor Place, Renton. He was aware of the Stop Work Order dated June 15, 2005. He believed that the Stop Work Order was issued because the existing permits had expired. There had been approximately four inspections at the site, Michael Allen came to the house, Mr. Allen discussed what would be required to make the job better. The next time he came out to inspect the progress Mr. Allen stated that things were looking good, it was not complete and there were a few more things to do. Shortly after the second visit, the neighbor sued for adverse land possession, she wanted more land even though it was not hers. During this time the permits expired, he did not realize the importance of keeping them current. At that time Mr. Dawson called for another inspection, they discussed the plumbing and the building in general. That was the last time he talked to Mr. Allen. When the Stop Work Order arrived, Mr. Allen was contacted and asked to come out to do another inspection. Mr. Dawson was told at that time, that he needed to call for inspections whether he was done or not, it would be okay, and they would just note that the job was not complete on the inspection form. Mr. Dawson stated that he did not understand what the Stop Work Order was for, he had been having inspections all along and had obtained new permits. He did not receive any documentation of the actual inspections that had been done. Mr. Dawson received a Notice and Order dated June 17, 2008 that was in relation to an inspection done on July 11, 2007. At that time three inspectors came out to the house, they walked through the property checking for defects, Mr. Baker stated that Mr. Dawson would receive a copy of the inspection within a month or so. About 3-weeks later Mr. Dawson received the inspection report, it was very thorough and detailed as to what remained to be done to the home. Mr. Allen told him that most of the items on the list would be "grandfathered" in since they were existing conditions. The Examiner asked about Exhibit A and B that were attached to the Notice and Order. Mr. Dawson stated that Exhibit B was a continuation of Exhibit A Mr. Dawson further stated that from the time of the Notice and Order, he had not made any substantial changes to his home. Upon questioning by Mr. Barber, Mr. Dawson stated that he was told to hire a licensed electrician in December of 2004. The original requests to do remodeling to his home began in 2002 and 2003. In 2003 the request was related to strengthening a wood deck. Mr. Dawson stated that he had a lot of construction experience, but he was not doing the work, a contractor was doing the work. He also had an experienced plumber doing the plumbing work. He did not recall an Order to Correct dated September 9, 2005 requiring him to submit site plans before continuing with the remodel. He said it was probably right, but he didn't remember it. After Mr. Baker visited the property, he received a communication stating that he had not responded and he told him that he had not Dawson Code Violation Appeal File No.; LUA-08-084 AAD October 16, 2008 (Decision Issued 9/30/2008) Page 3 received any paperwork. Regarding storage of water on the property, he stated that he spoke to a Mr. Arthur who stated that water runs downhill, if water comes out of the barrel and goes across the property and onto the neighbors property, that is a code violation. That is not what happens, the overflow from the barrel comes out and sinks into the ground and comes out on the sidewalk. Even after the sump pump was stopped, water continued to come out on the sidewalk. There definitely has been an ongoing problem with issues relating to his home. His home was posted on June 17, 2008 with a Notice to Vacate, the Order was handed to him personally by Mr. Paul Baker. Mr. Dawson and his wife are still residing in the premises and have never vacated the premises for any period of time. He has not done anything to the house since receiving the Notice and Order and no permits have been requested. Mr. Smith, his contractor, did put some concrete waterproofing in the basement. An architect is currently working on a set of plans but they are not complete. Mr. Dawson stated that the issue of not having enough finances came about because this was the second time Mr. Baker posted the house as a dangerous building. The Examiner stated that the history seems to go back quite a ways. The issue today is the appeal of the Stop Work Order and Notice that were issued in June and July of this year, not the past. Mr. Dawson stated that there was a walk-through scheduled, but no one showed up. The intention of that was to determine the meaning of the previous inspections and to make sure the contractor and architect would be looking at the same things that the inspectors were looking at. (The lists in Exhibit A and B) Mr. Michael Smith, Contractor for Mr. Dawson, reviewed the Notice and Order and attached documents. He stated that some of the items listed are a work in progress. A lot of the items on the list were vague, some included things like twisted wires without the proper covering. The line was dead and did not go back to the electrical box. Other items included things that had not as yet been removed. The house was built in 1943 and most all of the items do need to be done to the house, but they must be done in sequence and that takes some coordination. Some of the items he just did not see, he did not see anything that was unsafe or would cause Mr. Dawson to vacate the house. The fans would be grandfathered in and so he would not touch things like that. Mr. Crear stated that this is a bi-level residence and most of the issues are in the basement area and that is where most of the construction is being done. There is no construction on the main floor of the house. Upon questioning by Mr. Barber, Mr. Smith stated that he is a licensed general contractor and has electricians and plumbers working for him. Jonathan Brown, Architect, 17400 158"' Ave SE, Renton 98058 stated that on page 4 item 10, which generally address the uniform building code, is no longer applicable. It now is the International Building Code that is used. Items 10-15 address the architectural and structural issues. In a general sense, the possibility of a collapse, all things are possible. It is possible that the entire structure could collapse as well as the possible collapse of the supporting deck. The Examiner inquired about walls being moved, and if the wrong wall was moved it could lead to collapse. Mr. Brown stated that if it were a bearing wall, and it was removed without shoring it up somehow, the ceiling could collapse. Exterior walls in the basement do require a footing, from his observation, there was enough supporting structure to prevent a collapse. The beams in the basement need to be fixed in order to support the structure and make it more habitable. It would be his assumption that between the garage wall and the structure a fire separation wall would be required. The wall is there but it needs to become a firewall. Dawson Code Violation A . - al File No.: LUA-08-084 AAD October 16, 2008 (Decision Issued 9/30/2008) Page 4 The report was general but covered the steps that need to be taken in order to address the issues with this particular structure, however the report is not detail enough to address the specifics of what needs to happen to be in compliance. Upon questioning by Mr. Dawson, Mr. Brown stated that the occupancy separation wall says occupancy and it does matter in terms of this being a heated vs. not heated space, this is a separation between two separate areas. Mr. Smith stated that regarding the circuit breakers for the washer and dryer in the basement, currently there is no laundry room in the basement. Mr. Dawson purchased the house in 2001, the house was in much worse condition than it is today. The Examiner stated that because some of these things are "grandfathered" in does not necessarily make the building inhabitable. It still may be unsafe, even if the house was purchased in that condition. Unsafe contracting work does not mean any of it was reasonable or created a safe building. The bottom line is whether someone's life is in jeopardy. In 1943 safe building standards were definitely different from today. This building is in poor repair and needs to be brought up to code. These conditions can lead to life safety issues, wires that are not connected or terminated properly, and fixtures that are hanging. Mr. Dawson may not be entitled to be "grandfathered" because the previous owners did a poor job on some of the repairs. Mr. Barber called Dick Gilchrist as their first witness: Richard Gilchrist, 27322 217'h Place SE, Maple Valley, WA 98038 stated that he is an electrical inspector with the City of Renton and has been an electrical inspector for approximately 25 years. On July 11, 2007 he inspected the residence of Christopher Dawson. He did not look at any previous records of the house prior to his inspection. During his inspection he found a number of places where wires were twisted together rather than using a listed device, without the correct device possible shock and fire hazard is present. There was no nail plating done, there would be a chance of getting a sheet rock screw in the Romex and as the load builds up this can be a fire hazard. A nail plate is 1/16" thick and goes over a wood stud anyplace where you have less than an inch and a quarter of wood from the inside wall to the outside of the stud. Romex is a non-metallic sheet cable that is used for house wiring and should be inspected before it is concealed in walls or ceilings. The sub -panel had neutrals and grounds tied together which causes current on the equipment ground and is a very possible shock hazard. There is no "grandfather" on electrical code. There was no gounding on the hot and cold water pipes in the basement. Grounding allows current to go somewhere else besides giving a shock to a resident. There was a ground rod that was driven down in the basement, which does not give any grounding in that instance. All grounding rods should be placed outside the home. There was a lot of Romex corning in and out of metal boxes without the protective sleeve that is required. There were a couple of paddle fans in the bedrooms, which did not have the correct electrical support for paddle fans. Paddle fans require a listed box, which has longer screws to keep the fans from coming off the ceiling. RCW requires that no electrical wiring can be concealed until a complete inspection has been done. Inspection records show what has been there for many years and what is relatively new construction. Dawson Code Violation Appeal File No.: LUA-08-084 AAD October 16, 2008 (Decision Issued 9/30/2008) Page 5 Homeowners can do work without a licensed electrical contractor, they must obtain a permit and hold to the required standards. In 2007, when the inspection was done, there were a lot of concerns with shock and fire hazards in the house. A list of findings from the inspection done in 2007 were provided to Mr. Dawson. Upon questioning by Mr. Crear, Mr. Gilchrist stated that if someone else gave him this report, he would be able to go to the residence and make the necessary corrections to the home. A lay person may have more difficulty, but the repairs should most likely be done by a licensed electrical contractor to insure safety. Mr. Dawson asked if a power box does not have any power to it and the work was done so long ago, why is that his responsibility other than it will be fixed in the future, what makes it such a dangerous building today? Mr. Gilchrist stated that he presumes everything is hot when he goes in to do an inspection unless service has not been turned on yet. He would have no reason to test a box, if there is power coming into the house, the assumption is that the box is hot. Eugene Schneider, Combination Inspector, City of Renton Upon questioning by Mr. Barber, Mr. Schneider stated that he is a Combination Inspector and is qualified in plumbing, mechanical and building. He did inspect the residence of Mr. Dawson on July 11, 2007. This inspection was not a total inspection but a preliminary inspection that was requested by the Building Official. It is the duty of the permit applicant to cause the work to remain open and exposed for inspection purposes. He continued to explain what areas were inspected and what should have been open to his inspection in all the various areas of plumbing, mechanical and building. The first building permit number was B02-0468 which was to move walls of single-family dwelling. This permit showed no inspections were done until Mr. Schneider showed up in July of 2007. This permit was revoked for lack of work being done. There were additions on that part of the basement that were never applied for or approved to be built. Permit B03-0275 was to replace rear deck and install sheeting in front carport, provide guardrail on rear deck. Exterior wood should be treated, framing was not complete, exterior wall supporting deck and back part of the basement wall requires footing. There never was any permit to put an addition on the back part of the house. The carport has been enclosed and turned into a garage, an occupancy separation wall is required and has not been done. Once it -is _enclosed- s_a_garage .the requirenents-of-.garage -must be complied -with, -without complying this becomes a life safety hazard. Michael Allen related to Mr. Schneider that Mr. Dawson had called requesting an inspector to come out at certain times in order to keep the permit from expiring, but when Mr. Allen arrived at the residence, Mr. Dawson was not ready for the inspection. Permit B04-0665 front and cover rear deck and interior walls. Mr. Allen was also out for framing on this particular permit. The enclosure of the deck exceeded the scope of the permit and was revoked. The upper portion of the deck on the back part of the house was put into a conditioned space inside the first floor for a possible future laundry room. Permit B03-0226 was to strengthen the wood deck. It was concluded that this deck was above the garage, which never at any time in the permit application related that this was a deck/roof combination. More support and concrete footing was required, with positive connection from post to pad and post to beam. Dawson Code Violation A al File No.: LUA-08-084 AAD October 16, 2008 (Decision Issued 9/30/2008) Page 6 Permit B04-0513 there was no ground plumbing approval, the slab was already poured and no inspection had ever been done on the ground plumbing. No permits were ever issued for mechanical inspections. All results from inspections showing that things are not being completed and being left in an unsafe condition and the fact that permits were not issued for things that are being constructed on the site, all of this leads to being a life safety situation. Upon being questioned by Mr. Crear, Mr. Schneider stated that he did not look in the older portions of the house only the new areas that were being remodeled. The small room at the back of the house had a permit to cover the back deck, however, the deck was not covered rather a portion was actually enclosed and made into a room. The room was insulated and closed off prior to any type of inspections. Mr. Dawson stated that Mr. Meckling cancelled the permit prior to the inspection for the interior walls that were moved. So for all the items, if the inspector said it was not ready to be inspected, then I'm just calling to have my permit extended, nothing that was inspected was actually inspected, is that correct? Mr. Schneider continued saying that moving interior walls is one thing and still needs an inspection, but the permit was to cover the rear deck, not enclose a portion of it and make an additional room. This goes beyond the aspect of moving the interior walls. Framing inspections cannot be done prior to plumbing and electrical inspections. There was discussion between Mr. Schneider and Mr. Dawson regarding some of the changes that have been made and the permitting processes that were gone through or should have been gone through. Items that were put in by previous owners or contractors are still the responsibility of Mr. Dawson as the current owner. A 10-minute break was taken and the record resumed at 3:24 p.m. Larry Meckling, Building Official for City of Renton stated that he has reviewed the permit history for this matter. The history of applications for building, plumbing and mechanical date as far back as 2002 and as late as 2004 for a plumbing and electrical permit. All have expired either without any inspection or with a correction notice or non -approval prior to the expiration. Today there are no active permits at that site. Permits do not get revoked, if a permit expires the City would refuse to extend it, the applicant is instructed to re -apply for a new permit. The other alternative would be a permit that has exceeded the scope for which it was originally applied and does not apply any more, it would be cancelled and the applicant would then have to re- apply for the proposed scope of work they are intending to pursue. Based on inspections conducted by his staff he agrees with their assessment and the fact that there are life safety issues at the Dawson residence. To avoid further abatement proceedings, it was suggested a 90-day timeframe be given to submit a full set of design engineer plans that cover the full scope of all the work that has taken place there, an all inclusive permit. If that was obtained within 90 days and the inspections were conducted and approvals received the City would be satisfied. If the requirements were not followed through with, the same situation as today could arise again. If the above recommendation were not met, he would recommend that the Dawson residence be demolished. If, on the other hand, the permits were obtained and the work appeared to be moving forward, he would still recommend that the Dawson's vacate the premise while it is brought up to code. Dawson Code Violation Appeal File No.: LUA-08-084 AAD October 16, 2008 (Decision Issued 9/30/2008) Page 7 Under a permit, if things are moved or replaced that are subject to review, for example if a wall is opened and the insulation is no good, it is not "grandfathered" now that it has been brought out in the open, it must be replaced or fixed because it is substandard and does not meet code requirements. A permit will not expire if work is shown within a six-month period. Permits show a 180-day expiration date from day one. If an inspection is held in the third month, the permit expires 180 days from the date of the inspection, each inspection re -sets the expiration date to a new 180-day period. There does have to be work done and the inspection has to show improvement and standards being brought up to code. It is not necessary to hire a licensed plumber or electrician, but if work is not to the code standard, then a professional will have to be hired to insure that the project is to code. Upon questioning by Mr. Crear, Mr. Meckling stated that he does know who Mr. Dawson is, but has not seen him in quite some time. The permit process involves an explanation by the applicant of a true estimation of the work being performed on site along with minimal drawings that would be subject to field inspection. In line of what has transpired, he would not allow Mr. Dawson an over-the-counter permit now. Mr. Dawson and Mr. Crear carried on a conversation regarding the permits, inspections and reports that ultimately were received from the inspections. The Examiner stated that on June 15 a Stop Work Order was issued and on June 17 a Notice to Vacate was issued. The state of the home in June 2008 is the concern today, was it habitable, safe while remodeling, if and when a permit is issued. The question today is should the Dawsons still be living in their home? If there is no progress made, the City could ask for a demolition of the property. Until a decision is issued, the parties may settle the matter. However, it is the Examiner's understanding that the City wants Mr. Dawson and his wife out of the home until it is habitable and safe. The Order before us today is for Mr. Dawson and his wife to vacate the premise, once they have vacated, then architects and engineers can come in, permits may be obtained and work may proceed. Paul Baker, Code Compliance Officer, City of Renton stated that there had been a lot of correspondence and talks from 2005 until July 11, 2007 where the City agreed to have inspectors go to the home and inspect for deficiencies that had been reported in the past. They waited eleven and a half months following that inspection for a response from Mr. Dawson or his representative to notify the City that permits were being applied for. Nothing has occurred. Along with the Building Official it was determined that this structure had conditions that were reflected in the dangerous building code. At that time the Notice and Order was prepared, dated June 17, 2008 and was personally served upon Mr. Dawson by Mr. Baker. From July 11, 2007 to June 17, 2008 he did not recall any discussions with Mr. Dawson or any of his representatives. They did try to establish a walk-through inspection of the property, there seems to have been a misunderstanding between Mr. Dawson's contractor and the City, it was agreed that the contractor, his electrician and plumber would come to the City for a meeting. That meeting never took place, finally Mr. Smith called and asked where Mr. Baker was, it was Mr. Smith's understanding that the meeting was to take place at the Dawson home_ The meeting was never rescheduled. The Dawson residence was posted as an unsafe building at the same time the Notice and Order was served. He further informed Mr. Dawson that he could not reside in the residence once it was posted. He was given 72 hours to remove his personal belongings, they could go inside to do the repairs, but no one can live in the house. Mr. Dawson asked for clarification on the "grandfather" issues. Dawson Code Violation A,, -al File No.: LUA-08-084 AAD October 16, 2008 (Decision Issued 9/30/2008) Page 8 Mr. Baker advised Mr. Dawson to talk with the Building Official and ask for information in writing. Mr. Barber stated that the City's recommendation is that Mr. and Mrs. Dawson be given 90 days to submit a complete set of design and engineering plans for an all-inclusive remodel of their home. They permit the necessary inspections and approvals obtained from those inspections. No one should be living in the home during this 90-day period. The Examiner called for further testimony regarding this project. There was no one else wishing to speak, and no further comments from staff. The hearing closed at 4:00 p.m. FINDINGS, CONCLUSIONS & RECOMMENDATION The Findings, Conclusions and Recommendation were distributed under separate cover on September 30, 2008. THESE ARE THE MINUTES of the Public Hearing, October 16, 2008. FRED J. KAUkkAN HEARING EXAMINER TRANSMITTED THIS 16`h day of October 2008 to the parties of record: Mark Barber Sr. Asst City Attorney City of Renton Renton, WA 98057 Christopher & Noraida Dawson 559 Windsor Place NE Renton, WA Eugene Schneider Combination Inspector City of Renton Paul Baker Code Compliance Inspector City of Renton Renton, WA 98057 Jonathan Brown 17400 158 h Ave SE Renton, WA 98058 Michael Smith Contractor for Dawson Ralph Crear Puget Sound Law Group 17724 Eleventh Ave NE Shoreline, WA 98155 Richard Gilchrist Electrical Inspector City of Renton Pursuant to Title IV, Chapter 8, Section 100Gof the City's Code, request for reconsideration must be filed in writinE on or before 5:00 p.m., October 14, 2008. Any aggrieved person feeling that the decision of the Examiner is ambiguous or based on erroneous procedure, errors of law or fact, error in judgment, or the discovery of new evidence which could not be reasonably available at the prior hearing may make a written request for a review by the Examiner within fourteen (14) days from the date of the Examiner's decision. This request shall set forth the specific ambiguities or errors discovered by such appellant, and the Examiner may, after review of the record, take further action as he deems proper. An appeal to the City Council is governed by Title IV, Chapter 8, Section 110, which requires that such appeal be filed with the City Clerk, accompanying a filing fee of $75.00 and meeting other specified requirements. Dawson Code Violation Appeal File No.: LUA-08-084 AAD October 16, 2008 (Decision Issued 9/30/2008) Page 9 Copies of this ordinance are available for inspection or purchase in the Finance Department, first floor of City Hall. An appeal must be filed in writiny- on or before 5:00 p.m., October 14, 2008. If the Examiner's Recommendation or Decision contains the requirement for Restrictive Covenants, the executed Covenants will be reouired prior to approval by City Council or final processing of the file. You may contact this office for information on formatting covenants. The Appearance of Fairness Doctrine provides that no ex parte (private one-on-one) communications may occur concerning pending land use decisions. This means that parties to a land use decision may not communicate in private with any decision -maker concerning the proposal. Decision -makers in the land use process include both the Hearing Examiner and members of the City Council. All communications concerning the proposal must be made in public. This public communication permits all interested parties to know the contents of the communication and would allow them to openly rebut the evidence. Any violation of this doctrine would result in the invalidation of the request by the Court. The Doctrine applies not only to the initial public hearing but to all Requests for Reconsideration as well as Appeals to the City Council. r J September 30, 2008 OFFICE OF THE HEARING EXAMINER CITY OF RENTON REPORT AND DECISION APPELLANTS: Ralph Crear Representing: Christopher & Noraida Dawson 559 Windsor Place Renton, WA 980 Mark Barber Warren, Barber & Fontes City Attorney Renton, WA 98057 Representing: City of Renton Paul Baker Code Compliance Inspector Renton, WA 98057 Administrative Appeal of Notice and Order for Vacation of premises located at 559 Windsor Place, Renton, WA. File No.: LUA 08-084, AAD and SR05-0628 and OTC C05- 0692 PUBLIC HEARING: After reviewing the Appellants' written requests for a hearing and examining available information on file, the Examiner conducted a public hearing on the subject as follows: MINUTES The minutes of the September 23, 2008 hearing will be distributed at a later date. The legal retard is reeorded on CD. The hearing opened on Tuesday, September 23, 2008, at 1:32 p.m. in the Council Chambers on the seventh floor of the Renton City Hall. Parties wishing to testify were affirmed by the Examiner. Parties present: Mark Barber, Sr. Assistant City Attorney Paul Baker, Code Compliance Officer City of Renton Ralph Crear, Attorney for Mr. Dawson Christopher Dawson, Appellant A Dawson Code Violation Al.r,,al File No.: LUA-08 September 30, 2008 Page 2 The following exhibits were entered into the record: Exhibit No. 1: Yellow file containing the original various reports, and letter of appeal. Exhibit No. 2: Stop Work Order -application, Exhibit No. 3: Original Notice and Order Exhibit No. 4: Inspection Report of Eugene Schneider Exhibit No. 5: ICC Certifications for Mr. Schneider The Examiner called for further testimony regarding this project. There was no one else wishing to speak, and no further comments from staff. The hearing closed at 4:00 p.m. FINDINGS, CONCLUSIONS & RECOMMENDATION Having reviewed the record in this matter, the Examiner now makes and enters the following: FINDINGS: 1. The appellants, Christopher D. and Noraida M. Dawson, filed an appeal of a Notice and Order determining that their residence is a "Dangerous Building." 2. The appeal was filed in a timely manner. The appellants own and reside at property located at 559 Windsor Place NE. The property is a single family home. 4. The home is located in the City of Renton. The appellants have owned their home since sometime in 2001. The home was initially constructed in 1943. 6. The appellants have had a variety of permits issued to enable them to remodel and renovate the home since 2002. All of those permits have since expired and no existing permits allow any further work on the home. After what both parties term informal inspections as well as documented inspections a number of deficiencies were identified. The appellants apparently did some work on structural elements as well as plumbing and electrical systems in the home. An inspection of the residence at 559 Windsor Place NE was done on July 11, 2007_ The inspection was carried out by City of Renton building, electrical and code compliance inspectors, The results of that inspection were provided to both the appellant and his legal representative. 9. It appears from the record that the appellant never followed up on that inspection. The appellants apparently did not apply for or request permits to rectify any of the noted deficiencies. Those deficiencies are found below and were part of the Notice and Order that is being appealed in this proceeding. 10. The "Notice And Order" was issued on June 17, 2008. The order states: "The City of Renton has determined the building located on King County JP Dawson Code Violation Appeal File No.: LUA-08 September 30, 2008 Page 3 Assessor's tax parcel number 9476200275 and addressed as 559 Windsor Place NE is a 'dangerous building'. Pursuant to RMC 4-5-060, RMC 1-3 and any other applicable codes or ordinances you are hereby ordered to vacate the structure at 559 Windsor Place NE, Renton, WA, within SEVENTY-TWO HOURS (underlining in original) of the posting of this notice." The Notice went on: "ACTION REQUIRED The dangerous building must be vacated within SEVENTY-TWO HOURS (underlining in original) of the posting of this notice. WHAT YOU MUST DO You or your licensed contractor must obtain permits to repair the violations that render 559 Windsor Place NE, Renton, WA, dangerous" 11. This appeal stayed the notice to vacate and the appellants still reside at the residence in question. 12. The appellants make two general arguments. First, the appellants are willing to rectify some of the deficiencies noted in the Order. Second, the appellants argue that some of the deficiencies noted in the report predated their permit applications, arguing, in fact, that some of those items are what are called "grandfathered" conditions that are not subject to current permitting or regulation standards. 13. The appellants' witnesses were a general contractor and an architect and neither was a licensed expert in electrical or plumbing systems. Neither could definitively address the electrical safety issues raised in the "Notice and Order." The general contractor described some of the work done on the residence as "crazy work" which does not provide much confidence in the safety or general efficacy of the renovations or what appeared to be renovations. Neither could address the potentially hidden defects behind closed walls or underneath foundation pours. Both witnesses did indicate that the way the order was written made it hard for them to determine precisely what portions of the home or systems might be deficient. 14. The City's electrical inspector reiterated the electrical problems he found that were noted in Exhibit A (see below). He noted that when reviewing electrical systems and wiring, the assumption is that all wiring is live or will be live, that is, that such wires or systems carry an electric current. That means that wires twisted together without proper caps or electrical boxes or wiring inside walls but not protected by "nail plating" at stud locations would be considered live and a potential cause of fire or electrical shock. 15. It appears that interior walls were moved, a carport was walled in but did not comply with fire separation standards for enclosed garages, a carport "roof' was converted to a "deck" without proper permits and indications that it met structural load requirements. A "laundry room" was apparently created that did not meet code standards. Plumbing work and/or foundation work was closed prior to proper inspections making it impossible to determine if standards were complied with during installation. 16. Even if one could discern, older work that might be considered "grandfathered" it was noted that exposed or visible work that did not meet standards was subject to inspection and compliance with code. Dawson Code Violation A,F_al File No.: LUA-08 September 30, 2008 Page 4 17. Attached to the "Notice and Order" were two exhibits. Exhibits A and B are quoted below. Exhibit A contains the "dangerous building violations" while Exhibit B contains the "building, electrical, plumbing and mechanical code violations that must be corrected before approval of occupancy can be granted." EXHIBIT A 1, NATIONAL ELECTRICAL CODE (NEC.) 110.14 EQUIPMENT GROUNDING CONDUCTORS SHALL BE PROPERLY CONNECTED WITH LISTED CONNECTIONS. (JUST TWISTING TOGETHER NOT APPROVED). POSSIBLE FIRE HAZARD 2. NEC.300.4 (A) NAIL PLATING REQUIRED WHEN DRILLED HOLES ARE LESS THAN 11/4" FROM INSIDE OF HOLE TO OUTSIDE OF STUD. POSSIBLE FIRE HAZARD 3. NEC408.40 SUB -PANEL IN BASEMENT SHALL HAVE NEUTRAL AND GROUNDS ISOLATED. POSSIBLE ELECTRICAL SHOCK 4. NEC.334.15 (B) BONDING OF HOT, COLD AND GAS PIPE REQUIRED IN BASEMENT FOR SERVICE PANEL. (200 AMP) POSSIBLE ELECTRICAL SHOCK 5. NEC.250.53 (A) GROUND ROD SHALL BE LOCATED OUTSIDE DWELLING AND NOT IN BASEMENT FOR MOISTURE LEVEL NEEDED. INSTALL A MINIMUM OF (2) GROUND RODS A MINIMUM OF 6' APART. POSSIBLE SHOCK HAZARD 6. NEC.334.15 EXPOSED ROMEX IN GARAGE AREA BOTTOM OF FLOOR JOISTS, ALSO ROMEX TO LIGHT IN GARAGE IS STUBBED OUT OF WALL & NOT PROPERLY PROTECTED. POSSIBLE FIRE AND SHOCK HAZARD 7. NEC334.40 NON-METALLIC ROMEX SHALL ENTER METAL BOX KO'S WITH APPROVED FITTINGS TO PROTECT CABLE. (RECESSED CAN LIGHTS) POSSIBLE FIRE HAZARD 8. NEC.314.27 (D) BEDROOM OFF DECK AND ALSO BACK BEDROOM HAS EXISTING PADDLE FANS SUPPORTED OFF BOXES NOT APPROVED FOR PADDLE FANS, WHICH CREATES A HAZARDOUS INSTALLATION. POSSIBLE FIRE HAZARD AND FALLING EQUIPMENT 9. REVISED CODE OF WASHINGTON (RCW.) 19.28.101 (4) SHEETROCK HAS BEEN INSTALLED IN A NUMBER OF LOCATIONS SUCH AS BATH, BEDROOM OFF DECK & BASEMENT CONCEALING THE NON-METALLIC SHEATHED CABLE BEFORE INSPECTED. POSSIBLE FIRE HAZARD 10, UNIFORM BUILDING CODE (UBC) SEC 106.4.5 WALLS MOVED IN SINGLE-FAMILY DWELLING. POSSIBLE COLLAPSE 11. UBC 1806 EXTERIOR WALL SUPPORTING DECK (BASEMENT WALL) REQUIRES A FOOTING. POSSIBLE COLLAPSE 12. UBC 108.5 FOOTING PLACED WITHOUT INSPECTION. POSSIBLE SEISMIC FAILURE 13. UBC 1806.6 ANCHOR BOLTS REQUIRED. POSSIBLE SEISMIC FAILURE 14. UBC 2320.11 IMPROPER WALL FRAMING r Dawson Code Violation Appeal File No.: LUA-08 September 30, 2008 Page 5 BEAMS SUPPORTED BY POST TO FOOTING. POSSIBLE COLLAPSE 15. UBC TABLE 3-B OCCUPANCY SEPARATION WALL. PREVENTS FIRE SPREAD 16. UNIFORM PLUMBING CODE (UPC) 103.5 APPROVAL OF UNDERGROUND PLUMBING INSTALLATION OF WASTE, VENT AND WATER PIPING NOT COMPLETE. POSSIBLE METHANE GAS EXPLOSION EXHIBIT B 1. NEC.334.15 (B) EXISTING ROMEX HANGING DOWN IN BATHROOM WITH KEYED PORCELAIN FIXTURE CONNECTED TO IT. ROMEX IS SUBJECT TO PHYSICAL DAMAGE HANGING OUTSIDE WALL &. EXPOSED. 2. NEC.230.24 EXCEPT #2 SERVICE DROP SHALL BE RAISED A MINIMUM OF T ABOVE ADDITION TO BACK OF HOUSE FOR PROPER CLEARANCE. (ONLY APPROXIMATELY 12" CLEARANCE) 3. NEC.334.15 EXPOSED ROMEX IN BASEMENT ABOVE SUB -PANEL. (NOT LOCATED IN WALL) 4. NEC.210.11 (C) (2) SHALL HAVE 20 AMP CIRCUIT FOR LAUNDRY IN BASEMENT. 5. NEC.220.54 DRYER SHALL HAVE A MINIMUM OF A 30 AMP CIRCUIT IN BASEMENT. 6. NEC.21012 BASEMENT BEDROOM LIGHTS AND RECEPTACLES SHALL BE GFI PROTECTED. 7. NEC.314.17 NON-METALLIC CABLE SHALL ENTER APPROVED ENCLOSURES AND BE SUPPORTED. (BASEMENT AREA) 8. NEC.314.23 2-GANG SWITCH BOX NOT CONNECTED TO STUD - HANGING FREE AND SUPPORTED WITH A 12/2 ROMEX. 9. NEC.210.52 (A) DINING IN BASEMENT SHALL HAVE REQUIRED NUMBER OF RECEPTACLES. 10. NEC.200.6 AND NEC.250.62 GROUNDING ELECTRODE CONDUCTOR SHALL NOT HAVE WHITE PHASE TAPE ON TERMINATING END IN SERVICE PANEL. 11. NEC.110.22 PANEL DIRECTORY SHALL BE FILLED OUTTO INDICATE EACH DISCONNECTS PURPOSE. 12. NEC.334.30 SUPPORT AND SECURE ROMEX WITHIN 12" OF ENCLOSURES AND THEN EVERY 41/2". (BASEMENT AREA) 13. NEC.210.8 (A) AND NEC210.52 (5) (D) A GFCI RECEPTACLE SHALL BE LOCATED WITHIN T OF BASIN LOCATION IN BATHROOM LOCATED BY NEW BEDROOM OFF DECK. 14, UBC 509 INSTALL GUARDRAILS. Dawson Code Violation A_ _al File No.: LUA-08 September 30, 2008 Page 6 15. UBC 1003.3.3.6 INSTALL HANDRAILS. 16. OBTAIN ALL REQUIRED MECHANICAL PERMITS. CONCLUSIONS: The appellant has the burden of demonstrating that the decision of the City Official was either in error, or was otherwise contrary to law or constitutional provisions, or was arbitrary and capricious (Section 4- 8-110(E)(7)(b). The appellants have failed to demonstrate that the action of the City should be reversed. The appeal is denied. 2. Arbitrary and capricious action has been defined as willful and unreasoning action in disregard of the facts and circumstances. A decision, when exercised honestly and upon due consideration of the facts and circumstances, is not arbitrary or capricious (Northern Pacific Transport Co. v Washington Utilities and Transportation Commission, 69 Wn. 2d 472, 478 (1966). An action is likewise clearly erroneous when, although there is evidence to support it, the reviewing body, on the entire evidence, is left with the definite and firm conviction that a mistake has been committed. (Ancheta v Daly, 77 Wn. 2d255, 259 (1969). An appellant body should not necessarily substitute its judgment for the underlying agency with expertise in a matter unless appropriate. 4. The record clearly shows that the residence is a dangerous building and that occupancy during any needed renovation could jeopardize life and safety. As the Notice indicated "Dangerous buildings are any buildings or structures that have conditions or defects that endanger the life, health, property or safety of the public or the building's occupants." The list of problems is extensive. Many involve electrical problems that can lead to fire or electrical shock. Both fire and electrical shock may jeopardize life -safety. Some of the problems noted are structural and could lead to failure of supporting beams, ceilings or floors. Some of the problems that were found are less serious but still add to the overall conclusion that the home is not a safe living environment. Occupancy of the home as a residence by the appellants is not appropriate when the outstanding problems are so extensive. The order to vacate the premises appears reasonable. It is based on a list of hazards in both electrical systems and structural elements. The appellants' suggestion that substandard elements are grandfathered since they were preexisting is untenable. The problem with the appellants' "grandfathered" arguments is that there is nothing in the record that clearly delineates what items the appellants altered and what might have existed prior to their renovation work. The work appears in many instances to be haphazard. One of the appellants' witnesses testified that it was "crazy work." That strongly suggests things were amiss and not in just small measure. The appellants have the burden of demonstrating that the City's order was erroneous. They did not produce evidence supporting their claims of grandfathered deficiencies. In addition, what work might have been grandfathered, if any, was exposed by renovation and became subject to proper inspection. What is clear that some of the deficiencies noted on the "Notice and Order" are more than cosmetic and could lead to life/safety issues. 7. Even the structural issues raised by the appellants' witnesses were fairly debatable by one or both of those parties but they did not address the cumulative affects of substandard construction work. Foundation work, footings and supporting beams were either not properly done or were not subject to inspection. Roof structures were converted to decks without proper plans showing bearing loads. e Dawson Code Violation Appeal File No.: LUA-08 September 30, 2008 Page 7 Improper fire separation was created when a carport was converted to an enclosed garage. The decision below should not be reversed without a clear showing that the decision is clearly erroneous or arbitrary and capricious. This office has found that the decision below was clearly supported by the facts and the decision below should not be reversed or modified. DECISION: The decision is affirmed and the appeal is denied. ORDERED THIS 30`h day of September 2008. FRED J. KAUFMAN HEARING EXAMINER TRANSMITTED THIS 30L` day of September 2008 to the parties of record: Mark Barber Sr. Asst City Attorney City of Renton Renton, WA 98057 Christopher & Noraida Dawson 559 Windsor Place NE Renton, WA Eugene Schneider Combination Inspector City of Renton Paul Baker Code Compliance Inspector City of Renton Renton, WA 98057 Jonathan Brown 17400 158`h Ave SE Renton., WA 98058 Michael Smith Contractor for Dawson TRANSMITTED THIS 30`' day of September 2008 to the following: Mayor Denis Law Jay Covington, Chief Administrative.Officer Julia Medzegian, Council Liaison Gregg Zimmerman, PBPW Administrator Alex Pietsch, Economic Development Jennifer Henning, Development Services Stacy Tucker, Development Services Renton Reporter Ralph Crear Puget Sound Law Group 17724 Eleventh Ave NE Shoreline, WA 98155 Richard Gilchrist Electrical Inspector City of Renton Dave Pargas, Fire Larry Meckling, Building Official Planning Commission Transportation Division Utilities Division Neil Watts, Development Services Janet Conklin, Development Services Pursuant to Title IV, Chapter 8, Section 100Gof the City's Code, request for reconsideration, must be filed in iyritin2 on or before 5:00 p.m., October 1.4, 200$. Any aggrieved person feeling that the decision of the Examiner is ambiguous or based on erroneous procedure, errors of law or fact, error in judgment, or the Dawson Code Violation Al.,al File No.: LUA-08 September 30, 2008 Page 8 discovery of new evidence which could not be reasonably available at the prior hearing may make a written request for a review by the Examiner within fourteen (14) days from the date of the Examiner's decision. This request shall set forth the specific ambiguities or errors discovered by such appellant, and the Examiner may, after review of the record, take further action as he deems proper. An appeal to the City Council is governed by Title IV, Chapter 8, Section 110, which requires that such appeal be filed with the City Clerk, accompanying a filing fee of $75.00 and meeting other specified requirements. Copies of this ordinance are available for inspection or purchase in the Finance Department, first floor of City Hall. An appeal must be filed in writine on or before 5:00 p.m., October 14, 2008. If the Examiner's Recommendation or Decision contains the requirement for Restrictive Covenants, the executed Covenants will be required prior to approval by City Council or final processin2 of the file. You may contact this office for information on formatting covenants. The Appearance of Fairness Doctrine provides that no ex parte (private one-on-one) communications may occur concerning pending land use decisions. This means that parties to a land use decision may not communicate in private with any decision -maker concerning the proposal. Decision -makers in the land use process include both the Hearing Examiner and members of the City Council. All communications concerning the proposal must be made in public. This public communication permits all interested parties to know the contents of the communication and would allow them to openly rebut the evidence. Any violation of this doctrine would result in the invalidation of the request by the Court. The Doctrine applies not only to the initial public hearing but to all Requests for Reconsideration as well as Appeals to the City Council. LX CITY( ' RENTON Kathy Keoiker, Mayor January 12, 2006 Ralph Crear Puget Sound Law Group 14928 Fifth Avenue NE Shoreline, WA 98155 RE: Christopher and Noraida Dawson Dear Mr. Crear: This office has received a fax from you dated January 12, 2006. Hearing Examiner Fred J. Kaufman From this letter this office cannot discern if you are attempting to file an appeal or just seeking clarification of some matters. Unless and until an appeal is filed with this office, we have no background or other information regarding the matters you speak about in your letter. This office is judicial in nature and cannot independently seek out information or explore the matter until an appeal is filed. You may appeal final decisions of City action in certain cases but you will have to determine if a final decision has been issued and where to file your appeal. If this office can provide any further assistance please feel free to write. Sincerely, Fred Kaufman Hearing Examiner City of Renton FK/nt cc, Kathy Keolker, Mayor Jay Covington, Chief Administrative Officer Paul Baker, Code Compliance Inspector 1055 South Grady Way - Renton, Washington 98055 - (425) 430-6515 ® This papercontains 50`Y:: recycled matenal, 30%p081 consumer RENTON A HF.A t] 0F Ttl k. CURV F" Jan 12 06 12:17p p.2 14928 Fifth Aventee N.E. Shoreline, WA 98155 Phone: (425) 774-6016 E-mail: rcrear6 )cmc.net Ralph E. Crear January 12, 2006 RE: City of Renton Planning Department Unsafe to Occupy Ordcr at Dawson's Residence To Whom It May Concem: This firm has been retained by Mr. Christopher Dawson ("Mr_ Dawson"). Mr_ Dawson and his wife, Mrs. Noraida Dawson ("Mrs_ Dawson') are the owners of a home located at 559 Windsor Place NA.1, in Renton, Washington_ As homeowners, Mr. and Mrs. Dawson made a reasonable decision to improve the condition of their home. Since that decision was made, the Dawsons have encountered various problems with the City of Renton Planning/Building/Public Works Department ("building department") that recently resulted in planning department declaring the Dawson's home as unsafe to occupy [See attached letter dated December & attachments from Mr_ Paul Baker ("Mr. Baker") to Mr. Dawson. In an effort to bring final resolution to this particular issue. 1 called your office on January 6, 2006 to arrange for a hearing regarding this matter. Your office was apparently not open and 1 left a detailed message instead. During the morning of January 9, 2006, I received a phone call from someone with your office. The person I spoke with indicated that she did not know whether or not the issues pending in this matter should be directed to the hearing examiner's office or not. Instead she informed me that I should contact Paul Baker ol'you_ Mr_ Baker informed me several weeks ago during a phone conversation that I should direct any irrqui�ieti regarding this matter to Mr. Paul Baker or the City attorney's office, .If these factual assertions are in anyway incorrect, please contact me at the phone number and/or address listed above promptly to inform me of any errors. Your cooperation in this matter is sincerely appreciated. Jan 12 36 12:17p p.3 Jammy 12, 2t1116 1'agc 2 Very truly yours, Mr. Ralph Crear Attorney for Mr_ and Mrs Dawson REC Cc.. Client, Mr. and Mrs. Dawson 7C -I V DEC u NN5 BY: '. P[�ui yBuildi�sgl�n41�a4t''ctks 0.mea� x�fiWbee.a. Mzra., ti �,+. GreZde+tq�r�>=,]r,1dm1f* W: •�I 1 ,, `+ y t 5 y �54Yp I7Bt+46Di} '' I .+ t r Subf eCt H Ufa LClg. e f tA1�5 ' Lf at I1ir Dau sen; y ! t+ Am pWatiItr{e 9'tfo th C,s {gj �C Jha if' 1 i 9E 1� r nd� ttai�d tg §rCep�ati� fps teflew dnd appIP', r. a btlp. ettet (copy_ q�lCs�d) f19.'ICI�]G�C� m Ih9. S6piCmger g� iii 5 �Yder t gtieCt C� -064L (copy enc �*�d) the Cit 'af to orb cfu� drE Y,?�Y � c se 9 `Duigetous Bu�Sd } r�, Th6 Ghty o£R:e wn ilk �' �¢gf tfiC`btTtii�f;Is>; tisatg:to ocd►iy;'O�1suf t4� DOG At`tiat IiuIQ}nu,vval�nctbe prutted to ocng: `. 1 '� ItS l8tler i� to ut vtlu yali Gf �lj's b�odb6y or. rihCLtld{wmg.aTra[1$tmcpsfy r ; �I jrou have tiny questiart3.yau m y uln1e6rttia of 425 30•738G:; }•' 1 4 i I I 4 i itiGi 1. L IU Pla.mungMuddinglublic XVodki Department y }�a11,y1CcuFier.Wbetler,t{ryvt Grqy 2lmmerrneo P.&, Ad"a}oratar 3 R! t 1.21-2005 a rn DAWSON CHRI5' O PIMR D+NORA @A M 559 WrI40OR PLNE REWON, WA M36 subject; PsmitBxphiion ►9040665 , 559 WVMSORPLNE %lork 1lemrtption - FRONT de COVBRD REAR DECK AND .INTERIOR V+rALLB L i Tenant psi rs=da indicate Reranit Number B 040665 has not had any inspxclona within tide Isst 180 days. This permit will expire on 12/14/2005, unless m ingpotdon Is made, or this offioe mceives a written request rur an extension. If you sun;)ty need a final inspection, call (425)-430-7202 prior to 4PM on the working day before you wart the inspection and Follow the instrLodons given in the raooiding. pnce youz permit expimi, it wi l t be nw-am ry to obtain a new permit to completa any uafiniabed work. A new pwnfi'amId be subject to all cumrent codes, which could include new mimame tial or Sand use revienvs. Add1gonally, utsfimsbed work that could coestitute s fire, life, or haalth safety hazard may be subject to civil pmalt e-s. Yotw ptompt attention to thin maitxt is requested. If you have any questions prease call mt st (425)a30-72b0. SiEcerely, Larry Mcckbag Building Official i fF1S Cnz,t� sir dr V4 aV - kwm Wrshiitrba 92055 R E N T O N � P1at�niugBus�dirglPublic 1�'or',cs A�partrneat d 1C.thY iCmtka•Wheetcr, } terx Gregg Z1jMmcrman P.I., AderJstuator 3 Y 11-211-2005 TOT Vl Y ru DAWSON CHRISTOPHER D+NORAMA M 559 WD SDOR PL N13 REN ON WA 9606 SutrjW,, 1?t rmit ExpirLiion • SADS1.3 M9 WINDSOR PL NE Wo;k Description - PLUMBING FOR STrA 1tEMODEU 19 ii'DC Tenant - D r records Indicate Permit Number P040313 bas not had any Lapectiom within tha tact ISO dos, 'this permit will expire on 12/1412005, Uakl o an inspect ion is made, os this office roceives atvtittfm request for art exteasitm. If you simply need s final ins m6co, call (423)-430-72D2 prior to 4PM on the Working day before you wtnt the inspeetian and fallow the iostructim givon in O;e retotding. Once your pmrY t txpiree, it will be aom5aryto oh -Airs a new permit to complete any unfuaished w4orL A ncvv permit \vould bo subjt at to all current codes, which cauid includs new =virorwtcntal or lamd ore ravimm Additionally, unfinished work that eauld coustiratt a firer iif% or htalth safety Ward may be subject to civil penalties. Your prompt =enf;on to this smatter is requested. If yrni have any questlous please cell me at (425)430-7290. Sincerely, .44 Lw y MeckUog $uilditS Official nrr �_.�: n r.. �v...• , 4.nrnn roVsel,lnoinrt 4Ap55 RE L N T O N Jan 12 06 12t17p P.1 PUGET SOUND LAW GROUP 14925 Fiftli Avenue N.E. Shoreline, WA 98155 (425) 774-6016 Fax (206) 365-5050 E-mail- rcrear(q7J,cFnc.net Ralph F. Crear FAX TRANSMISSION COVER SHEET DATE: January 12, 2006 TO: Hearings Examiner Fax: 425.430.6523 FROM: Ralph Crear RE: Residential Permitting Procedures Christopher and Noraida Dawson 559 Windsor Place Northeast Renton, WA 98056 Please see the attached Letter dated January 12, 2006. Your urgent attention to this matter is appreciated. Z look forward to hearing from you. Yours Very Truly, Ralph Crear This transmission consists of pages, including tNs ewer sheet, if you experience any difficulties in transmission, please contact our office at the number shown above. THE INFORMATION CONTAINED IN THIS FACSIMILiL TRANSMISSION IS INTENDED ONLY FOR THE PERSONAL AND CONFIDENTIAL USE OF THE DESIGNATED RECIPIENT NAMEV ABQYE_ This transmission may be an attarney-Bent communication and/or attorney work product, and as such is privileged and confidential. if the receiver of this transmission is not the intended recipient or an agent re_sponsiNe for delivering it to the intended recipient, you are hereby notified that you have received this document in error, and that any review, dissemination, disWbu6on or mpying of this message is sUietly prohibited. If you have received this communication in error, please notify us immediately by telephone (425) 774-6016, and rctum the original message to us by mall. 1Ttank you Jan 12 06 12:17p p,1 PUGET SOUND LAW GROUP 14925 FiftE>I Avenue N.E. Shoreline, WA. 9KI SS (425) 774-6016 Fax (206) 365-5050 E-mail_ rcrear(47]cmc.net Ralph F. Crear FAX TRANSMISSION COVER SHEET DATE. January 12, 2006 TO: Hearings Examiner Fax: 425.430.6523 FROM: Ralph Crear RE: Residential Permitting Procedures Christopher and Noraida Dawson 559 Windsor Place Northeast Renton, WA 98056 Please see the attached Letter dated January 12, 2006. Your urgent attention to this matter is appreciated. I look forward to hearing from you. Yours Very Truly, Ralph Crear This transmission consists of _^ pages, including this cover ,hect. If you experience any difficulties in trarrsm:ssion, please COntaCt our office at the number shown above, THE INFORMATION CONTAINED IN THIS FACSIMILL TRANSMISSION IS IKMNDED ONLY FOR THE PEIRsNVAL AND CONFIDENTIAL LSE OF THE DESIGNATED RECIPIENT KAME4 ABOVE. This transmission may be an aoxney-cliefit onmmunicabon and/ar attorney work product, and as such i5 pr,wleged and canfideabai, If the receiver of this trans mission is not the intended recipient or an agent respoo50e for delivering it to the intended mdpieM you are hereby notified that you have received this document in error, and that any review, dissemination, distnbution or copying of thr; r7pessage is stncdy prohibited. If you have received this communication in error, please notify us immediately by telephone (425) 774-6016, and return the oiginal message to us by mall. Thank you Jan 12 06 12s17p P•2 PUGET SOUND LAW GROUP 14928 Fifth Avenue N.E. Shoreline, WA 98155 Phone; (425) 774-6016 E-mail. rcrcarCq)cmc.nct Ralph F- Crear January 12, 2006 RE; City of Renton Planning Department Untiafe to Occupy Drdcr at Dawson's Residence To Whom It May Concern: This firm has been retained by Mr. Christopher Dawson ("Mr_ Dawson") Mr. Dawson and his wife, Mrs. Noraida Dawson ("Mrs. Dawson") are the owners of a hnme located at 559 Windsor Place N.E. in Renton, Washington. As homeowners, Mr. and Mrs_ Dawson made a reasonable decision to improve the condition of their home. Since that decision was made, the Dawsons have encountered various problems with the City of Renton Planning/Building/Public Works Department ("building department") that recently resulted in planning department declaring the Dawson's home as unsafe to occupy [See attached letter dated December & attachments from Mr, Paul Baker ("Mr, Baker") to .Mr, Dawson. in an effort to bring final resolution to this particular issue, I called your office on January 6, 2006 to arrange for a hearing regarding this matter, Your office was apparently not open and 1 left a detailed message instead. During; the morning of January 9, 2006, 1 received a phone call from someone with your office. `E'hc person I spoke with indicated that she did not know whether or not the issues pending in this matter should be directed to the hearing examiner's office or not. Instead she informed me that I should contact Paul Baker ol'you. Mr_ Baker informed me several weeks ago dtrring a phone conversation that 1 should direct any inquiries regarding this matter to Mr. Paul Baker or the City attorney's office. if these factual assertions are in anyway incorrect, please contact me at the phone number and/or address listed above promptly to inform me of any errors. Your cooperation in this matter is sincerely appreciated Jan 12 OG 12:17p p.3 immiry 12, 20(K-j Page 2 Very truly yours. r M.T. Ralph Crear Attorney for Mr. and Mrs Dawson REC Cc: Client, Mr. and Mrs. Dawson P[ui�Bi�ilding�n414G1rGc3cs"b�d,�n�eat 4C _ I •�ICS(�71'f9Yr �l VW.1'' ' l I-! I i I ti 1 'T tl IM1 - �1Tl6R�p'l1�'•�SVf$aAr-�' ! y, ' ltegloii,.AF 984�a t : Silt}�CC� :$C�I'1d111g�EfJ"Q��S r - 1 ,`A:ev�e�u u£ the City �f lZc,�ton recet�5, far yob prbpem,� �da�eLC�'tf►at"yau he�'e not'. � � I kc�pun'de� io shg ctt ' '''`' licgE "rnvt i& bal fid 1g and §iCcp�a�19 £or refit r and approvarl s' �g btto acedis im A'6 S; OO tt6 (cbpy Melcs�d�. ;b,s rndieited in the Scpterdbrs , 2Qb5 Qrder to . oft co o 4��t b •ite��nR dee�tlu naat atructi re a`;'Dan etous l3ulidi `,�. -rht City o[Req nw it p i'6o-Ful.ir ',.t," isaEG:tia bcdup `a Jsuiiarat i.0y io�}6. At tlfat;ha� ybti and nct 4�e eritllttodtdOCC9 1/ 5�kk1C6-A i AE d�V�Ellti� r xbf31$t<es t� td 11Oi7z] yb13 Of Ifjd �'ily�9 iLtl9nhOfl 8F1d �[0 V 1d0 OppOF�YiL�ty ' lykdk�'il�t',C� 1►Vutg ASta[1g+CIilC�il9f�' � 4 JJ ynu l�ev� tinyquCsi�aas yogi rnayconwbt lio M 425 a3Q•138b: S7TfCC Ely' ,,y i � ( s s�li$Sj�' r '1 �1y4 ti t '{ r { ,•r s � y}' is+ a ♦ 1 � y Q�1�E[{�'A�EL4'EYY� 1 I 1Y151�n��s 1 � 'r•� - S} 4 ,.r r Ff r> _.I• r � y 1; � � r+t I s'y �i 1 ..{ .'..,.._ ....�['n�:t�•T.�i.v,��. rb.:,}�r,t.l�Yc}i9rYotrirP4R!•IS, ''I', �. Lt � 1�4 .l:- � 111 ,R Pls:u�ing.'L3uildiagiublic 1'�odss 13zpattn�t K&LhyXouftcr-%Vhaeler,Mepnr Gmn ilnavterinau P4, Air. AWatar 11.21-2005 N C] m DAWSON CHRUTOPIMR 1?+NORAIFA M 5.59 W1NSD OR PL NE RE=.N WA 99036 Subject; Penmit Expiration ► B040665 , SS4 W110SOP PL NE V4Iork Uescrlp6on - FRONT & COVI RD REAR DECK AND INTERIOR WA1.1S L 1 Teatat<l - Os� records indicatePermitNumtrrtB[?406b5 has rotlbad eay inspectlana within the Last 180 days. ibis permit will cxpim on 1211412005, unless an inspection is made, or this office receives a written request for an extension. if }Nu simply need a final inspection, call (425Y430-7Z42 prl or to 4PM on the wor)dag day before you ward the imptcliati and Fallow the iustruc6anz given in the recording. Onee youz p=it expires, it wi I be necessary to obtain a new permii to completo any unWehad work, Anew poirrd v4d be reject to atl ounent codes, which could include mw environmental or land use reviews. Addigonally, uafirtisbcd work that could constitute a fire, lire, or hoalth safetyhazasd may be subjezi to civil penalties. Yatwptompt attention to thin matter is requested. If you have any questions please call me a: (425)43 d-7280. Sincerely, LartyMmkb g Building Official I W 5nnth (iradv S4 ev - itemm Wishim n 93455 dL P] nninOui`ldsng/Public Wor'ics Aepar nest tC.�hy lCsolker�ILeNcr, br.yor Gregg Vm=fua n P.E., MWnWWtor 11.21-2005 DAWSO� I CHMSTOPHER D+NORAIDA M 539 WLNSDORPLNB PLENTON WA 98056 Subj cck Permit Expiration • PUD513 559 WMDSOR PL NE INID k Dmvption • PLUMBING FOR SFR REMODEU 19 FIX Tenant - out records frldicatePermit Numbcr P040313 has not had any inspections within tho last 190 days. This permit will cxpire on 12/I4MOS. Wdess an erection i 9 made, or this office wA ives awrittm [equest for an extens cn, If you simply need a final inspections, call (425)430-7202 prior to OM on the working day he(orc you want the impecdan and ro Ltow the iostructi )w g von in tr a reotditig Once }cur pmnit txpires, i.t will he ncccssaryto ob-Ain a new paauit to complete any unfinished work. A nzw pmnit would bo s76jM tv All cuareat codes, which could inoludt r�ew covironuicntal or land use reviews. AdditionaW, unfinished work that could couatiratc a fire, Fife, or htalih safety hazard may 6a subject to ciA l penalties. Ycur protrrpt attenlios7 to this matte is requested. Ifywa havo any quesUonS pkase MIL me at (423)430-7280. Sincerely, . L4" NLlf LAiryMea iog Building Official CITY OF RENTON HEARING EXAMINER PUBLIC HEARING September 23, 2008 AGENDA COMMENCING AT 9:00 AM, COUNCIL CHAMBERS, 7TH FLOOR, RENTON CITY HALL The application(s) listed are in order of application number only and not necessarily the order in which they will be heard. Items will be called for hearing at the discretion of the Hearing Examiner. 9:00 a.m. PROJECT NAME: Kelsey's Crossing Preliminary Plat PROJECT NUMBER: LUA08-069, ECF, PP PROJECT DESCRIPTION: The applicant is requesting Environmental (SEPA) Review and Preliminary Plat approval for the subdivision of a 2.13-acre (92,637 sq. ft.) parcel into 13-lots for the eventual development of single-family residences, with tracts for recreation (Tract B) and stormwater (Tract C). The project site is generally flat and slopes to the east and south. This project is vested to King County regulations and is being processed in the City of Renton. King County applicable zoning is R-6. The proposed density would be approximately 6-dwelling units per gross acre. Lots range in size from 3,835 to 6,013 sq. ft. The site would be accessed off of 120th Avenue SE to a proposed internal street (Road A). Lots 8-13 would be accessed off proposed internal street (Road A) via a private access tract (Tract A). 1:00 P.M. PROJECT NAME: Dawson Appeal PROJECT NUMBER: LUA08-084. AAD PROJECT DESCRIPTION: An appeal of the administrative decision of the Notice and Order declaring the residential structure a dangerous building. HEX Agenda 9-23-08.doc CITY OF RENTON Building Division Telephone: 425-43 0-7200 CORRECTION NOTICE BUILDING PERMIT NO. � t� ADDRESS rO5q "l he followin; work does not comply with City codes and ordinances and must be CORRECTED and INSPECTED BEFORE fi►rther work is accomplished on this building or before equipment is put into service. R t Inspector e Date - Inspector's Signature DO NOT REMOVE THIS NOTICE oIJBII' I r11n1 Re: Dawson Residence Location: 559 Windsor Place The following are inspections conducted 7/11/07 by Gene Schneider. Permit: B020468 Description: Move walls single-family dwelling. Work being conducted is to finish portions of or all of unfinished basement. This exceeds the scope of the above permit and is revoked per UBC Sec. 106.4.5. STOP WORK and submit plans for required permit. Permit: B030275 Description: Replace rear deck and install sheeting on front of carport. Rear Deck 1. Provide guardrail per UBC Sec. 509. 2. Install handrail per UBC Sec, 1003.3.3.6. 3. Material for wood exposed to exterior elements shall be pressure treated per UBC Sec. 2306. 4. Framing is not complete. 5. Exterior wall supporting deck (basement wall) requires a footing per UBC Sec 1806. Sheathing on Front of Carport 1. Enclosing this area has now turned this into a garage. Occupancy separation required per UBC Table 3-B. 2_ Footing placed without inspection, UBC Sec. 108.5 3, Anchor bolts required per UBC Sec. 1806.6 4. Wall framing is to comply with UBC Sec. 2320.11. This work exceeds scope of permit and is revoked per UBC Sec. 106.5. STOP WORK and submit plans for required permits. Permit: B040665 Description: Front and cover the rear deck and interior walls. 1. Portion of this deck has been enclosed into a habitable space. This work exceeds scope of permit and is revoked, UBCSec. 106.5. STOP WORK and submit plans for required permits. Plan submittals for above permits shall comply with UBC 106. Permit: B030226 Description: Strengthen Wood Deck, (above garage) Direct bearing points (point loads) at ends of beams need to be supported with a post down to a concrete footing. Provide positive connection from post to pad and post to beam. Permit: P040513 Description: Install 19 Fixtures 1. No ground plumbing approval. Expose for inspection per UPC See. 103.5. 2. Rough in inspections for (DWV) drain, waste, vent and water piping are not complete. Complete and call for inspection per UPC Sec. 103.5. Other Items: 1. Secure required mechanical permits. Call for inspections when ready. 2. Deck being added to side of dwelling without permit. STOP WORK and submit plans for required permit. Plan submittal per UBC Sec. 106. 3. Guardrail being replace on dock above garage without pen -nit. STOP WORK and submit plans for required permit. Plan submittal per UBC Sec. 106. .3 -BUILDING PERMIT REQUIREMENTS: RESIDENTIAL CITY OF RENTON Development Services Division 1055 South Grady Way, Renton WA 98055 Phone: (425) 430-7200 SINGLE FAMILY RESIDENTIAL AND DUPLEXES NEW CONSTRUCTION, ADDITIONS, AND ACCESSORY BUILDINGS Be sure to check zoning regulations before you submit plans to ensure you will be able to build. We recommend having your site plan reviewed before submitting construction plans. Waterfront properties or other lands covered by water must also submit an environmental checklist package and may have to apply for a shoreline exemption. Contact the Development Services Division at (425) 430-7200 for more information. Prior to cutting trees you must contact the development Services Division at (425) 430-7200 regarding the City's tree cutting regulations. No new oil heating systems shall be allowed within the aquifer protection areas. APPLICANTS FOR BUILDING PERMITS ARE REQUIRED TO SUBMIT THE FOLLOWING FOR ANY STRUCTURE OR ADDITION: A. Water and sewer availability letter obtained from the Public Works Customer Service counter (425) 430-7266. B. Site Plan Two copies on 8.5 x 11 paper WITH ALL OF THE FOLLOWING: *Three copies required for all duplexes. 1. Drawn to scale 1 "=20'. 2. Legal description, address, and parcel number. 3. Include project description, such as, "Jones construction of new single-family residence". 4. Label and/or highlight existing and proposed construction. 5. Identify and dimension all property lines (bold line), streets, alleys, and/or easements. 6. Indicate distance in feet from structures to lot lines on all sides at the narrowest point. 7. Lot size in square feet. 8. Footprint size in square feet of all existing and proposed structures on property including decks, carports, storage sheds and garages. 9. Show approaches, driveways, and public sidewalks. 10. Show grade slopes, retaining walls, rockeries, etc. 11 _ Show location of fire hydrant located within 300 feet of structure. C. Construction Plans Two copies of following plans (no originals and no pencil drawings accepted). *Three copies required for all duplexes. 1. Floor plan drawn to 1/4"=1' scale to include: a) general building layout b) room use (every room called out on plan) c) window and door size, ventilation and opening headers d) plumbing and electrical layout rKTHRMTKINA1 COR Cgrac7V INnPaNn gaAr EUGENE W SCHNEIDER EUGENE W SCHNEIDER carnKa+clr RESIDENTIAL COMBINATION INSPECTOR LIGHT COMMERCIAL COMBINATION INSP-UNIFORM CODES The individua3 named hereon is CERTIFIED in the category shown, having been so certified pursuant to Successful completion of the prescribed written examination. Expiration date: January 6, 2011 No.0825270-RS/P3 Not valid unless signed by certificate holder !CC certification attests to competent knowledge of codes and standards, ICC INTnINADONAk LUUr L'UUwir EUGENE W SCHNEIDER CERTIFIED BUILDING OFFICIAL The individual named hereon is CERTIFIED in the category shown, having been so certified pursuant to successful Completion of the prescribed written examination_ Expiration date: January 6, 2011 No, 0825270-CB /C y [ Not valid unless signed by certificate holder 1CC certification attests to competent knowledge of codes and standards axe Wr.'Nc117 EUGENE W SCHNEIDER BUILDING INSPECTOR UBC The Individual named hereon is CERTIFIED in the category shown, having oeen so certified pursuant to successful completion of the prescribed xritteri examination. Expiration date: January 6, 2011 No.0825270-10 - Not valid unless signed by certificate holder 1CC certification attests to competent knowledge of codes and standards ME, INIFRR T",N1 ctxcs ra^il:lr EUGENE W SCHNEIDER BUILDING PLANS EXAMINER 'he individual named hereon is CERTIFIED in the category shown, having een so certified pursuant to successful completion of the prescribed mitten examination. xpisation date: January 6, 2011 Io.0825270-B3 - Not valid unless signed by certificate holder_ CC certification attests to competent knowledge of codes and standards. The individual named hereon is CERTIFIED in the category shown, having been so certified pursuant to successful completion of the prescribed written examination. Expiration date: January 6, 2011 No.0625270,57 AwF--N Not valid unless signed by certificare holder. ICC certification attests to competenr knowledge of codes and standards. fvra Ar1': ej ,tax nxeu iv EUGENE W SCHNEIDER COMBINATION DWELLING INSP - UNIFORM CODES The individual named hereon is CERTIFIED in the category shown, having been so certified pursuant to successful Completion of the prescribed written examination. Fxp-ratinr. dateJanuary 6, 2011 No 0825270-56 rrs l Not valid unless signed by Certificate holder 1CC certification attests to competent knowledge of codes and standards EUGENE W SCHNEIDER BUILDING INSPECTOR The individual named hereon is CERTIFIED in the category shown, having been so certified pursuant to successful completion of the prescribed wntten examination Expiration date: January 6, 2011 No 0825270-B5 Not valid unless signed by certificate holder. C certification attests to competent knowledge of codes and 1NIU"AYNAt Iecerlxxn• EUGENE W SCHNEIDER CERTIFIED BUILDING CODE OFFICIAL The individual named hereon is CERTIFIED in the category shown, having been so certified pursuant to successful completion of the prescribed written examination. Expiration date: January 6, 2011 No 0825270.86 _ Not valid unless signed by certificate holder ICC cerfrfrcation attests to competent knowledge of codes and standards, Nancy Thompson - Mr. Crear and Mr. Barbee _.__...—Page 1 From: Nancy Thompson To: mcrear@cmc.net Date: 8/12/2008 10:44.26 AM Subject: Mr. Crear and Mr. Barber: Mr. Crear and Mr. Barber: This is to confirm the Request for Continuance of the Dawson Appeal that was agreed to by both of you late yesterday evening. The above referenced hearing has been rescheduled for Tuesday, September 23, 2008 at t :30 pm. The hearing will take place in the Council Chambers on the seventh floor of the Renton City Hall. The address is 1055 S Grady Way in Renton. If you have any further questions, please do not hesitate to contact us in writing. Thank you, Nancy Thompson Secretary to Hearing Examiner City of Renton CC: Baker, Paul; mebarber@seanet.com, ---- .... Fred Kaufman - RE: Dawson Matter: Admini ve Appeal Page 1 From: "Mark Barber" <mebarber@seanet.com> To: "'Ralph Crear"' <rcrear@cmc.netb Date: 8/11/2008 5:23:15 PM Subject: RE: Dawson Matter: Administrative Appeal Mr. Crear: Thank you for informing me of the Dawson's' request for a continuance of the administrative hearing scheduled for tomorrow, August 12 at 10:00 AM. I suggest you contact the Hearing Examiner tomorrow morning and inform his office of your request. You have my permission to inform the Hearing Examiner that the City has no objection to the continuance. Again, the telephone number for the Hearing Examiner is 425-430-6515. As for the date requested by your clients, that will be decided by the Hearing Examiner, but I have no objection to it. 1 will also inform the Hearing Examiner of your request for continuance tomorrow morning. Mark Barber Senior Assistant City Attorney Renton City Attorney P.Q. Box 626 Renton, WA 98057-0626 Phone: 425255.8678 Fax: 425.255.9789 E-mail: mebarber@seanet.com From: Ralph Crear ]mailto:rcrear@cmc.net] Sent: Monday, January 01, 1990 2:11 AM To: Mark Barber Subject: Dawson Matter: Administrative Appeal Importance: High Mr_ Barber, Per our recent phone conversation, I have discussed a continuance of the August 12, 2008 administrative appeal regarding the Christopher and Noriada Dawson matter, SR05-0628, OTC C05-0692. The Dawsons are requesting that the matter be continued until September 23, 2008. Please promptly confirm via a return e-mail message. C)T a&s- CI?Z_ c,- R CAI' e Fred Kaufman - [YE: Dawson Matter: Admini ive Appeal Page 2 Ralph Crear Puget Sound Law Group CC: "Paul Baker" <pbaker@ci.renton.wa.us>, <fkaufman@ci.renton.wa,us> Fred KaufnSan - IRE: Dawson Matter: Admin' ive Appeal - Page 1 From: Fred Kaufman To: Mark Barber Subject: RE: Dawson Matter: Administrative Appeal All correspondence with this office regarding pending land use applications must be part of the public record. Your email and this response will be placed in the official file. Please refrain from replying to this email as that would generate another series of printouts and replies. >>> "Mark Barber" <mebarber@seanet.com> 08/11/08 5:22 PM >>> Mr. Crear: Thank you for informing me of the Dawson's' request for a continuance of the administrative hearing scheduled for tomorrow, August 12 at 10:00 AM. suggest you contact the Hearing Examiner tomorrow morning and inform his office of your request. You have my permission to inform the Hearing Examiner that the City has no objection to the continuance. Again, the telephone number for the Hearing Examiner is 425-430-6515. As for the date requested by your clients, that will be decided by the Hearing Examiner, but I have no objection to it. I will also inform the Hearing Examiner of your request for continuance tomorrow morning. Mark Barber Senior Assistant City Attorney Renton City Attorney P.O. Box 626 Renton, WA 98057-0626 Phone: 425.255.8678 Fax: 425.255,9789 E-mail: mebarber(a seanet.com From: Ralph Crear fmailto:rcrear(@cmc.net1 Sent: Monday, January 01, 1990 2:11 AM To: Mark Barber Subject: Dawson Matter: Administrative Appeal Importance: High Mr. Barber, Fred Kaufrrw - RE: Dawson Matter: Admini ive Appeal Page 2 Per our recent phone conversation, I have discussed a continuance of the August 12, 2008 administrative appeal regarding the Christopher and Noriada Dawson matter, SR05-0628, OTC C05-0692. The Dawsons are requesting that the matter be continued until September 23, 2008. Please promptly confirm via a return e-mail message. Ralph Crear Puget Sound Law Group Denis Law, Mayor July 21, 2008 Mr. Ralph E Crear Attorney at Law Puget Sound Law Group 17724 Eleventh Avenue NE Shoreline, WA 98155 RE: Christopher and Noraida Dawson Appeal SR05-0628, OTC C05-0692 Dear Mr. Crear: CIT. OF RENr-V0-TNf Hearing Examiner Fred J. Kaufman We are in receipt of your Notice of Appeal on behalf of the Dawsons. We have no phone number and have been unable to find a phone number for your office. We are attempting to schedule the hearing date at a time when you would be available. We have tentatively scheduled the hearing for August 12, 2008 to begin no earlier than 10:00 am and may continue into the afternoon of that date. The hearing will take place in the Council Chambers on the seventh floor of the Renton City Hall. The address is 1055 S Grady Way in Renton. Please contact us upon receipt of this letter to confirm the above date and time for the Appeal Hearing. Thank you, Fred Kaufman Hearing Examiner City of Renton cc: Mark Barber, Assistant City Attorney Larry Warren, City Attorney Paul Baker, Code Compliance Inspector Stacy Tucker, Development Services Bank of America Christopher & Noraida Dawson 1055 South Grady Way - Renton, Washington 98057 - (425) 430-6515 or 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 26 27 28 THE CITY OF RENTON IN KING COUNTY IN THE STATE OF WASHINGTON CHRISTOPHER AND NORAIDA DAWSON 559 Windsor Place NE Renton, Washington 98056 King County Parcel Number: 9476200275 Re: Alleged Violation RMC 4-5-060 NOTICE OF APPEAL SR05-0628 OTC C05-0692 , lECDVEO r>T' CERK.$ OFFICE COMES NOW Mr. Christopher Dawson ("Mr. Dawson") and Mrs. Noriada Dawson ("Mrs. Dawson" (collectively "the Dawsons") by and through their undersigned attorney -of record, Mr. Ralph Crear ("Mr. Crear") of Puget Sound Law Group ("PSLG"), and hereby moves for and order granting the relief requested below. i . Statements Regarding Substantial Error(s) in Fact or Law: PSLG was retained by Mr. Christopher Dawson ("Mr. Dawson') several years ago. Mr. Dawson and his wife, Mrs. Noraida Dawson ("Mrs. Dawson") are the owners of a home located at 559 Windsor Place N.E. in Renton, Washington. As homeowners, Mr. and Mrs. Dawson made a reasonable decision to improve the condition of their home several years ago. As part of this decision, the Dawsons applied for and were granted various building, plumbing and electrical permits by the City of Renton Planning/Building/Public Works Department (`Building Department") sometime ago. NOTICE OF APPFAL -1 PUGET SOUND LAW GROUP k .,:K C-: i.. y JM4 ELEVENTH AVENUE N.E. SHORELINE, WASHING ON 99155 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 26 27 28 Since that time, the Dawsons have encountered several issues over the past few years including various correspondences from the Building Department indicating among other things that [i] the previously applied for and granted permits had expired, [ii] The City of Renton ("City") had no choice but to declare the Dawson's home as a dangerous building and unsafe to occupy. In an effort to resolve these issues, Mr. Dawson retained the legal services of PSLG_ Since that time, PSLG has made reasonable good faith attempts on the Dawsons behalf to resolve the issues referenced above by [i] engaging in numerous mediation -like communications between the Building Department and/or City attorney and [ii] arranged for and observed an inspection of the Dawsons' home by Building Department representatives during July 2007, Despite these attempts, the Dawsons' have made PSLG aware that Mr. Paul Baker (Mr. Baker") of the Building Department (along with two police officers and others) showed up at the Dawsons' home at approximately 2:00 p.m. on June 18, 2008 with various documentation claiming among other things that their home was dangerous building and unsafe to occupy requiring evacuation within 72 hours. Since that time, PSLG has rnet with the Dawsons to discuss the recent course of events and would like to inform you of the following: Just this past Tuesday June 17, 2008, the Dawsons obtained a home improvement loan that should put them in a much better financial position to address the issues that have been raised by the City / and or Building Department over the past several years. In addition, the Dawsons have recently met with several professional engineers with the specific intent of completing the renovation work they initiated some time ago as well as to address various issues the City and/or Building Department have raised over the past several years. In fact, the Dawsons have already obtained several reasonable written estimates from the same engineers_ Based on these meetings as well as the reasonableness of the estimates, the Dawsons anticipate retaining the services of these professionals with the intent of promptly obtaining the proper permits to begin and/or complete the renovation work set forth above. Further, Mrs. Dawson encountered several medical problems over the past several months that imposed a substantial financial and emotional load upon the Dawsons. Fortunately, Mrs. Dawson has made considerable progress in her recovery and as a result of this progress in addition to the recent loan approval, the Dawsons are in a much better financial state at this time and are more than willing to move forward as set out above. However, the Dawsons can't help but questions the City's and/or Building Department's motive in delivering the recent notice upon them apparently declaring their home dangerous and unsafe to occupy. PSLG contacted both Mr. Baker and the City attorney several years ago and requested any and all documentation in the City's possession evidencing the fact the Dawson needed to NOTICE OF APPE-AL -2 PUGEI' %OUND LAW GROUP 17724E'LEVEN 71AVENUEN.E. SHORELINE, WASHINGION 98155 r 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 vacate their home_ Non was presented to PSLG at the time_ This is presumably because there were no written reports in the City's possession of inspections performed several years ago by City Inspector Mr. Michael Allen ("Mr. Allen") since he never provided the Dawsons with copies of any written inspection reports at that time indicating any serious danger(s) in the Dawsons' home. Also, a similar notice was recently delivered to the Dawsons nearly a year after several City representatives [including Mr. Baker] performed a lengthy inspection of the Dawson' home that I personally observed. Surety the City and/or Building Department should have informed the Dawsons in writing of any serious dangers within their home sooner than a year later. Moreover, the Dawsons and PSLG have reviewed the exhibits Mr. Baker attached to the recent notice he delivered to their home and have reached the conclusion that the assertions contained therein are not completely accurate and in fact should not render the Dawsons' home as dangerous and unsafe to occupy for the following reasons: Exhibit A 1. Grandfathered; 2. Not an issue because not powered; 3. Grandfathered; 4. Grandfathered; 5. Currently located inside but only one, grandfathered; 6. Not an issue because not powered; 7. Not an issue because not powered, S. Grandfathered; 9. Grandfathered; 10. Mr. Michael Allen ("Mr. Allen") with Building Department said okay, Mr_ Gene Schneider ("Mr_ Schneider") just shock examine wall and said nothing, with permit, Mr. Dawson [i] removed two studs and added two 4' x, 4's and connected them with sufficient metal fasteners and [ii]removed floor and placed foundation beneath, uncertain of location but regardless moved with permit, Mr. Larry Meckling ("Mr_ Meckling") with Building Department cancelled permit before expiration; 11. These facts never mention during any previous inspections; 12_ All footings inspected; 13- These facts never mention during any previous inspections 14. Probably grandfathered; These facts never mention during any previous inspections; 15. Building department cancelled applicable permits prior to expiration; 16. Mr. Allen stated caps required to be glued and caps and directions followed Exhibit B 1. Grandfathered; 2. Probably grandfathered; 3. No wiring enclosed in wall but the reason exposed is because under construction; 4_ Grandfathered and/or not issue because never worked on; 5. Grandfathered and/or not issue because never worked on; 6 Probably 50% granfathered and 509/6 permitted work; 7. Probably grandfathered; 8. Probably grandfathered; 9. Grandfathered and/or not issue because not dining room, only possibly used as dining room in future, not currently; 10. Accepted but simply fix and not a fire hazard or dangerous; 11. Accepted but not a fire hazard or dangerous; 12. Probably grandfathered; 12. Probably grandfathered, bedroom currently and previously contained table; 14. Building Department cancelled permit prematurely, 15. Building Department cancelled permit prematurely; 16_ Accepted. NOTICE OF APPEAL -3 PUGET SOUND LAW GROUP 17724 ELEVENTH AVENUE N.E. SHORELINE, WASHINGFON 99155 2 3 4 5 6 7 8 9 10 11 12 13 14 151 16 17 18 19 20 21 22 23 24 25 26 27 28 In addition, [1] Building Department officials have been inconsistent in their communications with the Dawsons as well as their enforcement procedures in the neighborhood that the Dawsons reside, and [ii] various mailings that City Officials have later claimed were mailed out were never actually received by the Dawsons and/or PSLG including certified mailings as with the recent Notice. ON — DATED this day of. , �. , 2008. PUGET SOUND LAW GROUP Ralph E- Crear, WSBA #33692 Attorney and Authorized Agent for Mr- and Mrs- Dawson (--j " kL�, Mr. Christopher Dawson Mrs. Noraida Dawson NDTICE OF APPEAL -a PUGET SOUND LAW GROUP 1'724 ELEVENTH AVENUE N E SHORELINE, WASHRdUCON "I SS 1zY o CITY OF RENTON C City Clerk Division +_ + 1055 South Gray Way l Renton, WA 98057 425-430-6510 ❑ Cash -�� ❑ Copy Fee Check No. 1 Appeal Fee Description: Funds Received From: Name +� :,1JC�►'ti Address c-4- ) City/Zip Receipt1155 1--u Date C.. ❑ Notary Service CITY OF RENTON —epartment of Community and Economic Development Alex Pietsch, Administrator June 17, 2008 Customer Service Research Bank of America 475 Cross Point Parkway Getzville, New York 14068 RE: Christopher D and N.oraida M. Dawson 559 Windsor Place NE Renton, WA. 98056 To Whom It May Concern: The enclosed Notice and Order is being sent to you as notification that the City of Renton is declaring the structure the Dawson's occupy at 559 Windsor Place NE Renton, WA. as a "Dangerous Building" and cannot be occupied. The Bank of America is a grantee of a mortgage the Dawson's has with your company. The City of Renton codes require that you. be notified of our actions. You may choose to take independent action,, as you deem necessary. If you have further questions or comments, you may contact me at 425-430-7385 or e-mail at pbake.r@ ci.renton.wa.us, Sincerely, Paul Baker Code Compliance Inspector Development Services Enclosures: i 055.South Gra ay -Renton, Washington 98057 RE J V T ON AHEAD 'OF T-HE.CURV.E This papefroxit3insbo%recycledmater6f,30%posfowsumei ' ..0 Dcnis Law, Mayor CIT - OF RENTON Department of Community and Economic. Development Alex Pietsch, Administrator NOTICE AND ORDER JUNE 17., 2008 CERTIFIED AND REGULAR MAIL TO: CHRISTOPHER D AND NORAIDA M. DAWSON 559 WINDSOR PLACE NE RENTON, WA. 98056 RE: SR05-0628 OTC C05-0692 PARCEL #:. 9476200275 THE CITY OF RENTON HASDETERMINED ERMINED THE BUILDING LOCATED ON ICING COUNTY ASSESSOR'S TAX PARCEL NUMBER 947620 0275 AND ADDRESSED AS 559 WINDSOR. PLACE NE IS -A "DANGEROUS BUILDING." PURSUANT TO RMC 4=5-060,.RMC 1-3 AND ANY OTHER.APPLICABLE CODES OR ORDINANCES YQU-ARE HEREBY ORDERED TO VACATETHE STRUCTURE AT 559 WINDSOR PLACE NE, RENTON,-WA; WITHIN SEVEN_T_Y 7 O aJ2 HOURS OF THE POSTING' OF THIS NOTICE. RENTON, BY RMC 4-5-060i HAS ADOPTED THE 1997 UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS. THIS CODE STATES ALL DANGEROUS BUILDINGS ARE.DECLARED PUBLIC NUISANCES.AND SHALL BE ABATED BY REPAIR, .REHABILITATION, DEMOLITION OR REMOVAL. . DANGEROUS BUILDINGS ARE ANY -BUILDINGS OR STRUCTURES THAT HAVE CONDITIONS.OR.DEFECTS THAT ENDANGER THE LIFE, HEALTH, PROPERTY OR SAFETY OF THE PUBLfC OR THE BUILDING'S OCCUPANTS. DANGEROUS BUILDINGS ARE UNSAFE BUILDINGS. CITY OF RENTON BUILDING, ELECTRICAL AND CODE COMPLIANCE INSPECTORS INSPECTED THE BUILDING AT 559 WINDSOR PLACE ON JULY 11, 2007, AND FOUND. VIOLATIONS OF THE BUILDING, ELECTRICAL, PLUMBING AND MECHANICAL CODES. 1055 South Grady Way - Renton, Washy igton 98057 This papercontains 50 % recycled material, 30%'past consumer RENTON AHEAD Or THE .CURVF I THE CITY OF RENTON PROVIDED YOU AND YOUR ATTORNEY WITH NOTICE OF THOSE VIOLATIONS SHORTLY AFTER THE INSPECTIONS. AFTER WAITING FOR YOU OR YOUR ATTORNEY.TO CONTACT US OR FOR YOU TO CORRECT THE VIOLATIONS IN A MANNER APPROVED IN THE APPLICABLE CODES, YOU HAVE FAILED TO OBTAIN PERMITS AND TO CORRECT THE DESCRIBED VIOLATIONS. ACTION REQUIRED: THE DANGEROUS BUILDING MUST BE VACATED WITHIN SEVENTY-TWO t72) HOURS OF THE POSTING OF THIS NOTICE. WHAT YOU MUST DO: YOU OR YOUR LICENSED CONTRACTOR MUST OBTAIN PERMITS TO REPAIR THE VIOLATIONS THAT RENDER 559 WINDSOR PLACE NE, RENTON, WA, DANGEROUS. AFTER THE REPAIRS HAVE BEEN -COMPLETED, CONTACT THE CITY OF RENTON, TO ARRANGE FOR INSPECTIONS. DO NOT COVER ANY OF'THE REPAIRS SO THAT THE INSPECTORS MAY VIEW THE ,COMPLETED REPAIRS: IN THE EVENT THAT FURTHER CORRECTIONS. ARE REQUIRED, THOSE CORRECTIONS MU- ST BE COMPLETED, INSPECTED AND APPROVED PRIOR TO THE RERAIRED AREAS BEING COVERED. THE DANGEROUS. BUILDING VIOLATIONS AkB- LISTED IN "EXHIBIT A." THE -BUILDING, ELECTRICAL, PLUMBING'AND MECHANICAL CODE VIOLATIONS THAT MUST BE CORRECTED BERG E:;AN APPROVAL OF OCCUPANCY CAN BE GRANTED ARE LISTED IN "EXHIBIT B."" .:APPEAL: THE OWNER OR HOLDER. OF ANY. MORTAGAGE. OR DEED OF: TRUST' HAS THE RIGHT T4 APPEAL THIS NOTICE AND ORDER, PROVIDED THAT APPEAL IS MADE IN WRITING AND SUBMITTED TO HEARING EXAMINERAS DESCRIBED IN RMC 4-8-110, WITHIN 14 DAYS OF THE DATE OF SERVICE OF THIS NOTICEAND ORDER. BY: CODE COMPLIANCE INSPECTOR DATE TIME 2 EXHIBIT A 1. NATIONAL ELECTRICAL CODE (NEC.)110.14 EQUIPMENT GROUNDING CONDUCTORS SHALL BE PROPERLY CONNECTED WITH LISTED CONNECTIONS. (JUST TWISTING TOGETHER NOT APPROVED). POSSIBLE FIRE HAZARD 2. NEC.300.4 (A) NAIL PLATING REQUIRED WHEN DRILLED HOLES ARE LESS THAN 1'/" FROM INSIDE OF HOLE TO OUTSIDE OF STUD. POSSIBLE FIRE HAZARD 3. NEC408.40. SUB -PANEL IN BASEMENT SHALL HAVE NEUTRAL AND GROUNDS. ISOLATED. POSSIBLE ELECTRICAL SHOCK 4. N EC.334.15 (B ) BONDING OF HOT, COLD AND GAS PIPE REQUIRED IN BASEMENT FOR SERVICE PANEL. (200 AMP) POSSIBLE ELECTRICAL SHOCK 5. NEC.250.53 (A) GROUND ROD SHALL BE LOCATED OUTSI'DE..-DWELLfNG.AND NOTI'N BASEMENT FOR- MOISTURE LEVEL NEEDED. INSTALL A MINIMUM"OF {2) GROUND RODS A MINIMUM OF 6' APART. POS81BLE-SHOCKHAZARD. 6. NEC.334.15 EXPOSED ROMEX IN GARAGE AREA BOTTOM -OF; FLOOR. JOISTS, ALSO ROMEX TO LIGHT IN GARAGE IS.STUBBED OUT OF:WALL-& NOT PROPERLY PROTECTED. POSSIBLE'FIRE AND SHOCK HAZARD 7. NEC334.44 NON-METALLIC ROMEX SHALL ENTER METAL BOX KO'S.WITH'APPROVED FITTINGS TO PROTECT CABLE. (RECESSED CAN LIGHTS) POSSIBLE FIRE HAZARD 8. NEC.314.27 (D) BEDROOM OFF DECK AND ALSO BACK BEDROOM HAS, EXISTING PADDLE FANS SUPPORTED OFF BOXES NOT APPROVED FOR PADDLE FANS, WHICH CREATES A HAZARDOUS INSTALLATION. POSSIBLE FIRE HAZARD AND FALLING EQUIPMENT 9. REVISED CODE OF WAS HINGTON (RCW.) 19.28.101 (4) SHEETROCK HAS BEEN INSTALLED IN A NUMBER OF LOCATIONS SUCH AS BATH, BEDROOM OFF DECK & BASEMENT CONCEALING THE NON-METALLIC SHEATHED CABLE BEFORE INSPECTED. POSSIBLE FIRE HAZARD 3 EXHIBIT B 1. NEC.334.15 (B) EXISTING ROMEX HANGING DOWN IN BATHROOM WITH KEYED PORCELAIN . FIXTURE CONNECTED TO.IT. ROMEX IS SUBJECT TO PHYSICAL DAMAGE HANGING OUTSIDE WALL & EXPOSED. 2. NEC.230.24 EXCEPT #2 SERVICE DROP SHALL BE RAISED A MINIMUM OF T ABOVE ADDITION TO BACK OF HOUSE FOR PROPER CLEARANCE. (ONLY APPROXIMATELY 12" CLEARANCE) 3. NEC.334.15 EXPOSED .ROMEX IN BASEMENT ABOVE SUB -PANEL. (NOT LOCATED IN WALL) 4. NEC.210..11 (C) (2) SHALL HAVE 20 AMP CIRCUIT FOR LAUNDRY`IN BASEMENT. 5. NEC_220.54 DRYER SHALL HAVE A MINIMUM OF A 30 AMP CIRCUIT IN BASEMENT. 6: NEC.210.12 - BASEMENT BEDROOM ;LIGHTS AND RECEPTACLES SHALL,BE. GF.I. PROTECTED. T. NEC.314.17 NON-METALLIC CABLE SHALL ENTER APPROVED ENCLOSURES AND BE - SUPPORTED.' (BASEMENT AREA) 8. NEC.314:23 : 2-GANG.SWITCH BOX NOT'CONNECTED:TO STUD - HANGING FREE AND. SUPPORTED WITH A 1212`ROMEX. 9= NEC.210.5..2 (A) DINING IN BASEMENT SHALL HAVE REQUIRED NUMBER :OFRECEPTACLES. 10. NEC,200.6 AND NEC.250..62 GROUNDING ELECTRODE, CONDUCTOR. -SHALL NOT HAVEWHITE PHASE TAPE ON TERMINATING END IN SERVICE PANEL, 11: NEC.110.22 PANEL DIRECTORY SHALL BE FILLED OUT TO INDICATE EACH DISCONNECTS PURPOSE, 12. N EC.334.30 SUPPORT AND SECURE ROMEX WITHIN 12" OF ENCLOSURES AND THEN EVERY 4Y2" (BASEMENT AREA) 5 I r Page I of 2 Paul Baker - RE: Dawson Residence - Code Violations From: "GN2" <GN2@seanet.com> To: "'Ralph Crear"' <rcrcar@cme.net> Date: 07/15/2008 11:17 AM Subject: RE: Dawson Residence - Code Violations CC: "'Paul Baker"' <pbaker@ci.renton.wa.us> Good Nlorning Mr. Crear, I have received your e-mail and have forwarded a copy- of it to Mr. Baker. 1\1r. Baker will be sure to Cc: you on any of his correspondences with the Dawsons, Any . Ir. Baker's actions that the Dawsons have interpreted as bad faith are likely the result of miscommunication or a misunderstanding. With your participation I am sure that there will be no futther miscommunication or misunderstandings, We look forward to your assistance in resolving this matter soon. 1liank you. G. Newsom II Senior Assistant City Attorney City of Renton 100 South Sccond Street P.O. Box 626 Renton, WA 98057 GN_2.@a eanet.com (425) 255-8678 (Office) (425) 255-5474 (Facsimile) CONFIDENTIALITY STATEMENT This message may contain information that is protected by the attorney -client privilege and/or work product privilege. If this message was sent to you in error, any use, disclosure or distribution of its contents is prohibited. If you receive this message in error, please contact me at the telephone number or e-mail address listed above and delete this message without printing, copying, or forwarding it. Thank you. From: Ralph Crear [mailto:rcrear@cmc.net] Sent: Monday, July 14, 2008 7:19 PM To: Garmon Newsom Subject: Dawson Residence Importance: High Mr. Newsom, As you are aware, this firm was retained sometime ago to represent Mr. and Mrs. Dawson's ("Dawson's") interest regarding various issues concerning their home that have been brought to their attention the City of Renton Planning, Building and Public Works Department ("Building Department") As stated in a letter dated June 24, 2008 that I recently forwarded to Mr. Paul Baker ("Mr. Baker") with the Building Department based on a recent Notice and Order ("Notice") dated June 17, 2008 (which was appealed in a timely manner) demanding that the Dawsons vacate their home within forty-eight (48) hours, "...the Dawsons have recently met with several professional engineers with the specific intent of completing the renovation work file: //C:\Documents and SettingslnbakerlLocal Settinas`,1TempIGW100001.HTM 07/15/2008 Page 2of2 they initiated some time ago as well as to address various issues [you] and/or Building Department have raised over the past several years. In fact, the Dawsons have already obtained several reasonable written estimates from the same engineers. Based on these meetings as well as the reasonableness of the estimates, the Dawsons anticipate retaining the services of these professionals with the intent of promptly obtaining the proper permits to begin and/or complete the renovation work..." The Dawsons have in fact retained the services of professionals discussed in my June 24, 20008 letter. Further, the Dawsons recently informed me of a meeting that the Dawson's prime contractor scheduled for 10:00 a.m. on Friday July 11, 2008 to be held at the Dawson's home along with Mr. Baker and/or other necessary City of Renton ("City") offcials with the purpose of addressing all the issues raised by the City sometime ago. The Dawson's informed me Mr. Baker failed to appear for the meeting. I am requesting that you promptly inform me of at least three times and dates that the proper City officials can meet with Mr. Dawson's contractor and/or other necessary individuals at the Dawsons' home as an initial step in resolving all the issues raised by you and Building Department sometime ago. The Dawsons are making a good faith effort to resolve and bring to a conclusion the issues that you and the Building Department have vigorously insisted they address, However, the recent actions of Mr. Baker appear to in bad faith and do not jive with the actions you and the Building Department have employed for sometime now. Your prompt attention to this matter is appreciated. Yours Very Truly, Ralph Crear Puget Sound Law Group 17724 Eleventh Avenue N.E. Shoreline, WA 98155 P.S. Please cc my office regarding all further communications by any City official to the Dawsons. file://CADocuments and Settingslpbaker\Local Settings\Temp\GW}00001.HTM 07/15/2008 EXHIBIT A 1. NATIONAL ELECTRICAL CODE (NEC.)110.14 EQUIPMENT GROUNDING CONDUCTORS SHALL BE PROPERLY CONNECTED WITH LISTED CONNECTIONS. (JUST TWISTING TOGETHER NOT APPROVED). POSSIBLE FIRE HAZARD PSLG Response: Grandfathered 2. NEC.300.4 (A) NAIL PLATING REQUIRED WHEN DRILLED HOLES ARE LESS THAN 1'/4" FROM INSIDE OF HOLE TO OUTSIDE OF STUD. POSSIBLE FIRE HAZARD PSLG Response: Not an issue because not powered. 3. N EC408.40 SUB -PANEL IN BASEMENT SHALL HAVE NEUTRAL AND GROUNDS ISOLATED. POSSIBLE ELECTRICAL SHOCK PSLG Response: Grandfathered 4. NEC.334.15 (B) BONDING OF HOT, COLD AND GAS PIPE REQUIRED IN BASEMENT FOR SERVICE PANEL. (200 AMP) POSSIBLE ELECTRICAL SHOCK PSLG Response: Grandfathered 5. NEC.250.53 (A) GROUND ROD SHALL BE LOCATED OUTSIDE DWELLING AND NOT IN BASEMENT FOR MOISTURE LEVEL NEEDED. INSTALL A MINIMUM OF (2) GROUND RODS A MINIMUM OF 6' APART. POSSIBLE SHOCK HAZARD PSLG Response: Currently located inside but only one, grandfathered 6. NEC.334.15 EXPOSED ROMEX IN GARAGE AREA BOTTOM OF FLOOR JOISTS, ALSO ROMEX TO LIGHT IN GARAGE IS STUBBED OUT OF WALL & NOT PROPERLY PROTECTED. POSSIBLE FIRE AND SHOCK HAZARD PSLG RESPONSE: Not an issue because not powered. 7. N EC334.40 NON-METALLIC ROMEX SHALL ENTER METAL BOX KO'S WITH APPROVED FITTINGS TO PROTECT CABLE. (RECESSED CAN LIGHTS) POSSIBLE FIRE HAZARD PSLG Response: Not an issue because not powered. 8. NEC.314.27 (D) BEDROOM OFF DECK AND ALSO BACK BEDROOM HAS EXISTING PADDLE FANS SUPPORTED OFF BOXES NOT APPROVED FOR PADDLE FANS, WHICH 3 CREATES A HAZARDOUS INSTALLATION. POSSIBLE FIRE HAZARD AND FALLING EQUIPMENT PSLG Response: Grandfathered 9. REVISED CODE OF WASHINGTON (RCW.) 19.28.101 (4) SHEETROCK HAS BEEN INSTALLED IN A NUMBER OF LOCATIONS SUCH AS BATH, BEDROOM OFF DECK & BASEMENT CONCEALING THE NON-METALLIC SHEATHED CABLE BEFORE INSPECTED. POSSIBLE FIRE HAZARD PSLG Response: Grandfathered 10. UNIFORM BUILDING CODE (UBC) SEC 106.4.5 WALLS MOVED IN SINGLE-FAMILY DWELLING. POSSIBLE COLLAPSE PSLG Response: Mr. Michael Allen ("Mr. Allen") with Building Department said, okay, Mr. Gene Schleider ("Mr. Schneider") just shock examine wall and said nothing, with permit, Mr. Dawson [1] removed two studs and added two 4' x 4's and connected them with sufficient metal fasteneres and [ii] removed floor and placed foundation beneath, uncertain of location but regardless moved with permit, Mr. Larry Meckling ("Mr. Meckling") with Building Department cancelled permit before expiration. 11. UBC 1806 EXTERIOR WALL SUPPORTING DECK (BASEMENT WALL) REQUIRES A FOOTING. POSSIBLE COLLAPSE PSLG Response: THese fact never mention during any previous inspections. 12. UBC 108.5 FOOTING PLACED WITHOUT INSPECTION. POSSIBLE SEISMIC FAILURE PSLG Response: All footings inspected. 13. UBC 1806.6 ANCHOR BOLTS REQUIRED. POSSIBLE SEISMIC FAILURE PSLG Response: These facts never mention during any previous inspections. 14. UBC 2320.11 IMPROPER WALL FRAMING BEAMS SUPPORTED BY POST TO FOOTING. POSSIBLE COLLAPSE PSLG Response: Probably grandfathered; these facts never mention during any previous inspections 15. UBC TABLE 3-B OCCUPANCY SEPARATION WALL. PREVENTS FIRE SPREAD PSLG Response: Building department cancelled applicable permits prior to expiration 16. UNIFORM PLUMBING CODE (UPC) 103.5 APPROVAL OF UNDERGROUND PLUMBING INSTALLATION OF WASTE, VENT AND WATER PIPING NOT COMPLETE. 4 POSSIBLE METHANE GAS EXPLOSION PSLG Response: Mr. Allen stated caps required to be glued and caps and directions followed EXHIBIT B NEC.334.15 (B) EXISTING ROMEX HANGING DOWN IN BATHROOM WITH KEYED PORCELAIN FIXTURE CONNECTED TO IT. ROMEX IS SUBJECT TO PHYSICAL DAMAGE HANGING OUTSIDE WALL & EXPOSED. PSLG Response: Grandfathered 2. NEC.230.24 EXCEPT #2 SERVICE DROP SHALL BE RAISED A MINIMUM OF T ABOVE ADDITION TO BACK OF HOUSE FOR PROPER CLEARANCE. (ONLY APPROXIMATELY 12" CLEARANCE) PSLG Response: Probably grandfathered 3. NEC.334.15 EXPOSED ROMEX IN BASEMENT ABOVE SUB -PANEL. (NOT LOCATED IN WALL) PSLG Response: No wiring enclosed in wall but the reason exposed is because under construction 4. NEC.210.11 (C) (2) SHALL HAVE 20 AMP CIRCUIT FOR LAUNDRY IN BASEMENT. PSLG Response: Grandfathered and/or not issue because never worked on 6'1 5. NEC.220.54 DRYER SHALL HAVE A MINIMUM OF A 30 AMP CIRCUIT IN BASEMENT. PSLG Response: Grandfathered and/or not issue because never worked on 6. NEC.210.12 BASEMENT BEDROOM LIGHTS AND RECEPTACLES SHALL BE GFI PROTECTED. PSLG Response: Probably 50% grandfathered and 50% permitted work 7. NEC.314.17 NON-METALLIC CABLE SHALL ENTER APPROVED ENCLOSURES AND BE SUPPORTED. (BASEMENT AREA) PSLG Response: Probably grandfathered 8. N EC.314.23 2-GANG SWITCH BOX NOT CONNECTED TO STUD - HANGING FREE AND SUPPORTED WITH A 12/2 ROMEX. PSLG Response: Probably grandfathered 9. NEC.210.52 (A) DINING IN BASEMENT SHALL HAVE REQUIRED NUMBER OF RECEPTACLES. PSLG Response: Grandfathered and/or not issue because not dining room, only possibly used as dining room in future, not currently 10. N EC.200.6 AND N EC.250.62 GROUNDING ELECTRODE CONDUCTOR SHALL NOT HAVE WHITE PHASE TAPE ON TERMINATING END IN SERVICE PANEL. PSLG Response: Accepted but simply fix and not a fire hazard or dangerous 11. NEC.110.22 PANEL DIRECTORY SHALL BE FILLED OUT TO INDICATE EACH DISCONNECTS PURPOSE. PSLG Response: Accepted but not a fire hazard or dangerous 12. NEC.334.30 SUPPORT AND SECURE ROMEX WITHIN 12" OF ENCLOSURES AND THEN EVERY 41/2". (BASEMENT AREA) PSLG Response: Probably grandfathered 13. NEC.210.8 (A) AND NEC210.52 (5) (D) A GFCI RECEPTACLE SHALL BE LOCATED WITHIN 3' OF BASIN LOCATION IN BATHROOM LOCATED BY NEW BEDROOM OFF DECK. PSLG Response: Probably grandfathered, bedroom currently and previously contained table 14. UBC 509 INSTALL GUARDRAILS. PSLG Response: Building Department cancelled permit prematurely 15. UBC 1003.3.3.6 INSTALL HANDRAILS. PSLG Response: Building Department cancelled permit prematurely 16. OBTAIN ALL REQUIRED MECHANICAL PERMITS. PSLG Response: Accepted 7 CIT" "F RENTON Bi tg Division Telephone: 42 5-43 0- 7200 CORRECTION NOTICE �o2.ag°a BUILDING PERMIT NO. F-OL05ay ADDRESS .Z Cv �uQS�,C QC.. AUK The follo-�,itio work does not comply with City codes and ordinances and must be CORRE.0 FED and INSPECTED BEFORE further work is accomplished on this building or before equipment is put into service. Inspector ` G;1—Cfqj Date `7 � r 7 Inspe(;tor's Si -nature: DO NOT REMOVE THIS NOTICE PRF1WRI,D11) 09199 bh 4.- CII ' "`F RENTON Bt zg Division 0 Telephone; 425-430-7200 CORRECTION NOTICE BUILDING PERMIT NO. 6 o ao ? 2,3 q�, F- o 4r 1 SO ADDRESS 7 / V✓IA1DUA, t'L AJ,ff . �+ 26,a. WA The foilowinl work does not comply with City codes and ordinances and must he CORRECTED and INSPECTED BEFORE further work is accomplished on this building or before equipment is put into service. �V9_CI It61;1A ?,►V" S, FiUR-0 awl -* _ i&Q;" TA CAr44 I)j cCPAWC-7-s io 4 1U�7^i o���r�o� {Si�O�sA%filw�r 1, 4---rRg l jyai b acYaR S/q4a Xler 1HR,j1, W hhyr, PA4,5#. T,4A2 ,J AAc1 4U S0rxuiL^e pNL. Al I-C , 3 3 Ff • 40 & AI A4 L7-X CZ41-- tom[ Sb`{r� LL FA-) ter- M• a r)CL $ � k a k +R%, r6f R r F►a�� �0 Pt "r7; AyGS .9 _ Plan-ria,_r 41 NPSG. 3 111,1 N8u-rruTr iG'c ew4e s Aec 7 lttspcctor-- D i'L-CW*`S;e Date 7r l/-07 fnspector's Sign,Aure DO NOT REMOVE THIS NOTICE PB11vXB1.r)I[11 09199hh � ClT" OF RENTON f ] B, ig Division Telephone: 425-430-7200 CORRECTION NOTICE BUILDING PERMIT NO. L� D a � FOW509 ADDRESS ��� Ic.� i,tJ i� Sri¢. L. 01l •P • R�,srti ��¢, The following work does not comply with City codes and ordinances and must be CORRECTED and INSPECTED BEFORE further work is accomplished on this building or before equipment is put into service. r6.)01 /� C, ,/ I C/, a e, to ( �J �j,eJ•S7WGG4V ink , Al"^bc8 e. O Oz 7 s�]?Ry�►� dp-1= Dtuk 9t- 8Asg�iteArl Cp,ucewci,�c W (b) 5" ROo" n g a 7as1G c3G *e, 3 B U4 ROVh H tS IT-x 47/40 PA-D J)" OAUS 7) lV arc , P-LO- 5 CA) 4- A 6ae [31�5, � �ric-� 7�a�..,, � �,rr $ w ��Rr�o�•r �v � ��a Y3�/ � � � Inspector 6�_��r S7 Date "7,11 — 4 % Inspector's Signature �CQJ �e.�C�v�►i DO NOT REMOVE THIS NOTICE PR I 1WH LP01 09.-99 bh 0 CIT 7 ' )F RENTON Bi tg Division Telephone: 425-430-7200 CORRECTION NOTICE BUII:DING PERMIT NO. .1G A 3 4 adift ! ADDRESS S'S4 wF��SoR pL, M,P. R tu1ToA; Vr1, The following work does not comply with City codes and ordinances and must be CORRECTED and INSPECTED BEFORE further work is accomplished on this building or before equipment is put into service- Pf� koel xx !S SHAt,G Par- kAtSx-0 A or 3' A-zu� Q+z, o,d '1 o r.. t4v,-s& Fvg- Pk�OgA a �+mn.,re . 0�1 A dux« 7xr /a" C tRrl,vc� Xaotex r a F- q.- ( a♦ 1�nJ F V +� � e lnspe Inspector's Signature s,,- moole r qt- Stc "'da LC-4;S7 Date '7—t/--07 DO NOT REMOVE THIS NOTICE ill fl, B[A)101 Q9r99 bh CITE OF RENTON �.• Bi ig Division Telephone: 425-430-7200 CORRECTION NOTICE BUILDING PERMIT NO. f0QQ--L 3 c ' ADDRESS �$G 'N'956& PL,rUFL GarW %,/A The following work does not comply with City codes and ordinances and must be CORRFC"FED and INSPECTED BEFORE further work is accomplished on this huilding or before equipment is put into service. COK)Q uc -as � N,4g- Of, VA0gwA1:4 Cayt/rct+�o 1va7jf LiSrip 04,y,t/AC�-f4-!r, C rti IZC t 3 / ,,1. ;2 3 ;� " Ca p AI G- i Zc 6if �cac A g-c- 3 u)6 and D P6 LLe-0 p L17St 0r' S-r-Lp. 144 7'. Lp-s IV P-ff- lnspecior� rpl C Date Inspector's Signature_ DO NOT REMOVE THIS NOTICE 1't311WHI-D101 09N9 bh 0 CITv r'F RENTON Bt ig Division Telephone: 42 5-43 0- 7200 CORRECTION NOTICE BUILDING PERMIT NO.. t; 6 3 `i� 6-0 ly l 4,GF ADDRESS !75-9 ilvi-A)DSo,0 G, A16- Ery�4 The followin- work does not comply with City codes and ordinances and mast be CORRECTED and INSPECTED BEFORE further work is accomplished on this budding or before equipment is put into service. /S g(2, A{!%D , 1_/D Scc� r PAA✓Z-fi i.4) J�- G L/ WAI-C .t FO& I-2veL �) eDF ('a) cR9r &OD.s 1*0 �I�+ L►�STd LG W#�-?( _ 111SpCct0r Dr LC `k(,1S7 Date lnspectWr's Stgnature DO NOT REMOVE THIS NOTICE P[3f'1��f3Ll)Ip! 09/99 t)h C1:Tv r'F RENTON Bu ig Division Telephone: 425-43 0- 7200 CORRECTION NOTICE BUILDING PERMIT NO. -KQi aV(9a 2,(�e -O WSa157 ADDRESS �sn7 Ly W� The f0HON ing work does not comply with City codes and ordinances and must be CORRECTED and INSPECTED BEFORE further work is accomplished on this building or before equipment is put into service. 11AixC l PaO I S Sg)+k& 14AJE A 30 2:^ 2 C * 7, / it/ 0 ofap f-C, as*o, l o B0,06,,16 a? 1407 ev,(,0 9L GAS Pi'pa- Rogt-4-v-p r"� Bri x•{.��•�rr I=vrQ Sa-/tvtC-9- PA/L. Caoo A220) `� � N�c , a i(9 � S"oZ, �� �fu,,c.�� iQpp�s �•t1 ditiwt•T 5'1444L cam Inspe.ctol- Q rck, (ff'f- "S'7 Datc 7 —11^0 % Inspector's SninatUreT- DO NOT REMOVE THIS NOTICE 09/99 bil CITY OF RENTON Bu g Division Telephone: 42 5-43 0-7200 CORRECTION NOTICE BUILDING PERMIT NO. 9— O ';L0'7 Z�-,3 c* P—b 4( 1$�49 ADDRESS -57-57 W I` A.)b $O!2 VL p A) F— 9rs i v W11. The following work does not comply with City codes and ordinances and must be CORRECTED and INSPECTED BEFORE further work is accomplished on this building or before equipment is put into service. Alv< 3 3LI. /3 .9-x nos go to i S7'e- A t-5 a kac�+-*Y- -ra /-i G H -t /,I) Inspector__— I �,fC �s��LC, c Date ^ U % Inspector's Signature — DO NOT REMOVE THIS NOTICE PBP%481,F)101 1 `0 09,199 bh CITY OF RENTON Building Division Telephone: 425-430-7200 CORRECTION NOTICE BUILDING PERMIT NO,_ _'5L--3Gr LO ADDRESS The following work does not comply with City codes and ordinances and must be CORRLCTED and INSPECTED BEFORE further work is accomplished on this building or before equipment is put into service. L° A t Inspector Date Inspectors Signature p DO NOT REMOVE THIS NOTICE nnuu e,r r,Iflt Re: Dawson Residence Location: 559 Windsor Place The following are inspections conducted 7/11/07 by Gene Schneider, Permit: B020468 Description: Move walls single-family dwelling. Work being conducted is to finish portions of or all of unfinished basement. This exceeds the scope of the above permit and is revoked per UBC Sec. 106.4.5. STOP WORK and submit plans for required permit. Permit: B030275 Description: Replace rear deck and install sleeting on front of carport. Rear Deck 1. Provide guardrail per UBC Sec. 509. 2, Install handrail per UBC Sec. 1003.3.3.6. 3. Material for wood exposed to exterior elements shall be pressure treated per UBC Sec. 2306, 4, Framing is not complete. 5, Exterior wall supporting deck (basement wall) requires a footing per UBC Sec 1806. Sheathing on Front of Carport 1. Enclosing this area has now turned this into a garage. Occupancy separation required per UBC Table 3-B. 2, Footing placed without inspection, UBC Sec. 108.5 3. Anchor bolts required per UBC Se::. 1806.6 4. Wall framing is to comply �vjth (1BC Sec. 2320.11. This work exceeds scope of permit and is revoked per UBC See. 106.5. STOP WORK and submit plans for required permits. Permit: B040665 Description: Front and cover the rear deck and interior walls. 1. Portion of this deck has been enclosed into a habitable space. This work exceeds scope of permit and is revoked, UBC' Sec. 106.5, STOP FORK and submit plans for required permits. Plan submittals for above permits shall comply with UBC 106. Service Request: SR08-0758 Inspector: Paul Baker SR Opened: 04/29/2008 Next Contact With Requestor: Address I Location of Inquiry: 559 WINDSOR PL NE REN Description: BUSHES GROWING UP AND DRIVERS CANNOT SEE UP THE HILL FOR ONCOMING TRAFFIC. DOING HOME REPAIR WITHOUT PERMITS Qwner ,nfaratron , lTnlator Information :... Ruestor lrtformation' Name: DAWSON CHRISTOPHER Name: Name: UNKNOWN D+NORAIDA M Compny: Address: Compny: Address: 559 WINSDOR PL NE Address: RENTON WA Phones: Phone9: Email: Email: ' C) Phones : 425-255.1538 Email: Service Request: SR08-0720 Inspector: Paul Baker SR Opened: 04/24I2008 Next Contact With Requestor: Address I Location of Inquiry: 559 W INDSOR PL NE REN Description: Occupant doing construction late at night and on weekends without permits Qwnerinformat ►t Name: DAWSON CHRISTOPHER D+NORAIDA M Address: 559 WINSDOR PL NE RENTON WA Phonel: Email: �yfator InformatIl Name: Compny: Address: Phonel: Email: 1— S Pe os -06 a F Rea b6stor info; atl+on; ..,, Name: VENESA Compny: Address: Phonel : 425-255-1538 Email: Dawson Residence 559 Windsor PI NE SR05-0628/CO5-0692 Permit ## Description of Work Inspection Record Comments Permit Expiration B020468 Move Walls in SFR* None Requested 07/22/03 B030226 Strengthen Wood Deck Inspection request 6/4/03 Inspection not approved, 12/02/03 Ins ected 6/5/03 no reason listed B030275 Replace Rear deck and install Insp. Request 6/4/03 Inspection not approved, 12/02/03 sheeting on front carport Inspected 6/5/03 — Shear no reason listed. -Wall/Nailing B040665 Front and cover rear deck and interior Insp. Request 12/20/04 Not Approved, no reason 12/04/05 walls Inspected 12/21/04 Framing listed Insp. Request 6/17/05 Not Approved, no reason Inspect- 6/17/05 Framing listed E020923 Upgrade existing circuit in SFR None Requested 01/22/03 E041500M Replace 1 panel and relocated 1 Insp. Requested 12/20/04 Not approved. Inspector 06/ 18/06 existing panel in SFR Inspected 12/20/04 wrote: "owner told to hire a licensed electrician and this permit could be used for new contractor." P020250 Remodel/Fixtures: 3 bathrooms, 2 None requested. 12/21/02 kitchens, 11 miscellaneous fixtures P030478 Install 16 fixtures and water piping. Insp. Requested 12/19/03 Approved 12/19/03 06/16/04 Insp. Requested 12/19 Insp. Canceled by inspector, job was not read P040513 Install 19 fixtures Insp. Requested 12/20/04 Insp. 12/21/04, not 12/14/05 For rough in waste and vent approved. No reason listed Insp. Request 06/17/05 for Not approved, no reason rough in water listed * SFR Single Family Residence R CITY lF RENTON Planning/BuildinglPublieWorks Department Kathy Keolker-Wheeler, Mayor Gregg Zimmerman P.E., Administrator June 28, 2005 Christopher Dawson 559 Windsor Pl. NE. Renton, WA. 98056 Subject: Building Permits Dear Mr. Dawson, After a review of all your building permits and an onsite inspection with you on June 21, 2005 the City of Renton Building Official has determined you will need to submit a full set of building and site plans for review and approval prior to continuing construction. Enclosed is a `Building Permit Requirements: Residential" check list to assist you in preparing your plans for submittal. After submittal the City of Renton Building Plan reviewer will determine compliance with current building codes. Once your plans have been approved, new building permits with new expiration dates will be issued to you at no cost to you. Secondly, the water you are collecting in the storage barrels, from your sump is subject to Surface Water Drainage Standards of the City of Renton. Along with the building and site plan, a surface water drainage plan will need to be submitted and approved as required in Renton Municipal Code 4-6-030 C. Within thirty days of the date of this letter, submit your plans for review. If you have any questions, you may contact me at 425-430-7386. Sincerely (imc k&4� Paul Baker Code Compliance Inspector Development Services Division 1055 South Grady Way - Renton, Washington 98055 This nar�Ycxinlain=.k,rl +�rarvrarl matwria{ ��% nnet rr.nci ir.wr RENTON AHEAD OF THE CURVE ,r " , CIT- OF RENTON Planning/Building/PublicWorks Department [lathy tCeoEke.r-Wheeler, Mayor Gregg Zimmerman RE.,Administrator Date: W09-2005 Location of Violation: Owner(tax-payer) Issued To: Address: ORDER TO CORRECT Service Request No. SR05-0628 Violation Index No. C05-0692 559 WINDSOR PL NE DAWSON CHRISTOPHER D+NORAIDA M CHRISTOPHER DAWSON 559 W'INDSOR PL NE RENTON, WA 98056 An inspection of the above premises revealed violations) of the City of Renton codes and ordinances listed below. The City would appreciate voluntary compliance or corrective action completed by: 09/30/2005. Be advised, however, if voluntary compliance is not achieved; a Civil Infraction Citation WILL be issued, and civil penalties assessed in the amounts noted, for each and every day or portion of a day in which the violation continues following the date and time set for correction. First three days of Violation: $100.00, per day. Second Three Days of Violation: $200.00, per day_ Third Three Days of Violation: $300.00, per day. Each Additional Day of Violation: $500.00, per day_ CODE SECTION CITED: DATE OF INVESTIGATION DESCRIPTION OF VIOLATION CORRECTIVE ACTION: Renton Municipal Code 4-5-050 06/21/2005 EXPIRED BUILDING PERMITS THE CITY OF RENTON NOTIFIED YOU BY LETTER DATED' JUNE 28, 2005 (COPY ENCLOSED) TO SUBMIT A FULL SET OF BUILDING AND SITE PLANS FOR REVIEW PRIOR TO CONTINUING CONSTRUCTION. THE DATE FOR SUBMITTAL- WAS JULY 28, 2005. TO DATE THE CITY OF RENTON HAS NOT RECEIVED PLANS FOR REVIEW. OBSERVATION OF YOUR PROPERTY INDICATES YOU ARE CONTINUING CONSTRUCTION. YOU HAVE OBTAINED NUMEROUS PERMITS FOR YOUR BUILDING LISTED AS FOLLOWS: BUILDING PERMIT B020468 EXPIRED 7-22-2003 TO: MOVE WALLS IN SFR BUILDING PERMIT B030226, EXPIRED 12-2-2003 TO: STRENGTHEN WOODEN DECK BUILDING PERMIT B030275, EXPIRED 12-2-2003 TO: REPLACE REAR DECK AND INSTALL SHEETING ON FRONT CARPORT BUILDING PERMIT B040665, EXPIRES 12-14-2005 TO: FRONT & COVER REAR DECK, AND INTERIOR WALLS ELECTRICAL PERMIT E020923, EXPIRED 1-22-2003 TO: UPGRADE EXISTING CIRCUIT IN SFR ELECTRICAL PERMIT E041509, EXPIRED ON 6-18-2005 TO: REPLACE 1 PANEL AND RELOCATE I EXISTING IN SFR PLUMBING PERMIT P020250, EXPIRED 12-21-2002 TO: REMODEL B3BATHROOMS, 2 KITCHEN, I FIXTURES PLUMBING PERMIT P030478, EXPIRED 6-16-2005 TO: INSTALL 16 FIXTURE AND WATER PIPING. THE ABOVE LISTED PERMITS HAVE NOT HAVE ANY INSPECTIONS THAT HAVE BEEN APPROVED AND FINALED. 1055 South Grady Way - Renton, Washington 98055 RENTON This paper curdairis SG°; rnryded material, 36% post consumer AHEAD Ot: THE CURVY i" THE CITY OF RENTON HAS NO CHOICE BUT TO DECLARE YOUR STRUCTURE A DANGEROUS BUILDING AS DEFINED IN THE DANGEROUS BUILDING CODE. THE CODE STATES "FOR THE PURPOSE OF THIS CODE, ANY BUILDING OR STRUCTURE WHICH HAS ANY OR ALL OF TILE CONDITIONS OR DEFECT HEREINAFTER DESCRIBED SHALL BE DEEMED TO BE A DANGEROUS BUILDING, PROVIDED THAT SUCH CONDITIONS OR DEFECTS EXISTS TO THE EXTENT THAT THE LIFE, HEALTH PROPERTY OR SAFETY OF THE PUBLIC OR ITS OCCUPANT ARE ENDANGERED. WHENEVER ANY BUILDING OR STRUCTURE HAS BEEN CONSTRUCTED, EXISTS OR IS MAINTAINED IN VIOLATION OF ANY SPECIFIC REQUIREMENT OR PROHIBITION APPLICABLE TO SUCH BUILDING OR STRUCTURES PROVIDED BY THE BUILDING REGULATIONS OF THIS JURISDICTION, SPECIFWp IN THE BUILDING CODE OR HOUSING CODE, OR OF ANY LAW OR ORDINANCE OYTHE THIS STATE OR. JURISDICTION RELATING TO THE CONDITIONS, LOCATIONS OR STRUCTURE OF BUH.DINGS." IN THIS REGARD, SUBMIT PLANS AS STIPULATED IN THE JUTE 28, 2005LETTER BY SEPTEMBER 30, 2005. FAILURE TO.. DO SO MAY REQUIRE THE CITY OF RENTON TO POST THE STRUCTURE "UNSAFE TO OCCUPY" WHICH WILL REQUIRE YOU TO VACATE THE'STRUCTURE FOR DWELLING PURPOSES. Issued By_ Paul Baker Code Compliance.Inspe.ctor Planning/Building/Public Works Department Development Services Division Phone No: 425-430-7386 SR05-0628 1 559 Windsor PINE Inspector: Paul Baker Initial Investigation: 06/21/05 Determination: Construction w/o Permit Requestor: Amy Knudson 514 Bronson PI NE Renton, WA Tel: 206-992-3678 Status: COURT Violator: Christopher Dawson 559 Windsor PI NE Renton. WA 98056 SR Opened: 05/26/05 SR Closed: Owner: Dawson Christopher D+noraida M 559 Winsdor PI NE Renton WA Description: NO INSPECTIONS ON PERMITS, ILLEGAL DRAINING OF WATER STORAGE TANKS ONTO DOWNSLOPE PROPERTY. BUILDING, PLUMBING AND ELECTRICAL PERMITS ISSUED IN NOVEMBER OF 2004 HOWEVER NO INSPECTIONS. ADDITIONAL CONSTRUCTION WORK BEING DONE WITH NO PERMITS. Activity Summary - - - __- 0512612005: Contact With Requestor / Received REQUESTOR STATES THAT VIOLATOR, DAWSON, HAS PLACED SEVERAL WATER STORAGE TANKS AT THE EDGE OF HIS RESIDENCE AND ALLOWS THEM TO EMPTY DOWN ONTO HER LOT. THERE ARE ALSO SEVERAL PERMITS, BUILDING, PLUMBING, ELECTRICAL THAT HAVE NOT BEEN INSPECTED. ADDITIONAL CONSTRUCTION WORK BEING DONE WITHOUT PERMITS. 0512612005: Received by Inspector Telephone Received via Phone 0612112005: Received by Inspector/ No Change 6-22-05, SITE INSPECTION, FOUND NUMEROUS PROBLEMS DETAIL IN LETTER FOUND IN OFFICE LINK 0612812005: Received by Inspector/ No Change 6-28-05, SENT LETTER 09/0912005: Issued Order to Correct/ Mail Ref. attached OTC information 1011212005: Received by Inspector/ No Change 10-1 Ceritified letter returned unclaimed. Reissued with new compliance date of 10-21-05 and hand delivered, no contact with violator upon delivery of OTC 1210212005: Inspection / Confirmed Violation Issued letter informing violator of our intent to post "Do Not Occupy" See Document file. 0312112006, Re -Inspection / Other in today's REACT meeting Garmon, City Attorney, repotted that Mr. Dawson's lawyer had Contacted him stating that he figured they had 50 days left on their permits and wanted to have a City inspector come out and inspect the property with the thought they would then apply for new permits. 0711112007: Received by Inspector / Diary log Item ELECTRICAL AND BUILDING INSPECTOR INSPECTED PROPERTY AND FOUND NUMEROUS VIOLATIONS. THE VIOLATIONS WERE COMPLIED AND FORWARDED TO THE CITY ATTORNEY WHO DISTRIBUTED THE VIOLATIONS LIST TO DAWSON AND HIS ATTORNEY, 0611812008, Received by Inspector / Diary log Item Prepared dangerous building report (see in MSOffice) and notice to vacate the premises Notice & Order. Issued same to occupant by personal delivery. Appeal period ends July 3, 2008. Related OTC's: OTC# C05-0692 Status OTC Investigated Jun-21-2005 Issued Sep-09-2005 Comply -by Date Oct-21-2005 Infraction Type Construction w/o Permit Description EXPIRED BUILDING PERMITS Service Request: SR05-0628 Inspector: Robert Arthur SR Opened: 05/26/2005 Next Contact With Requestor: . Address 1 Location of Inquiry: 559 WINDSOR PL NE PEN Description: NO INSPECTIONS ON PERMITS. ILLEGAL DRAINING OF WATER STORAGE TANKS ONTO DOWNSLOPE PROPERTY. BUILDING, PLUMBING AND ELECTRICAL PERMITS ISSUED 1N NOVEMBER OF 2004 HOWEVER NO INSPECTIONS. ADDITIONAL CONSTRUCTION WORK BEING DONE WITH NO PERMITS. Owner Information Violator Information ' €� Name: DAWSON CHRISTOPHER Name. CHRISTOPHER DAWSON Name: AMY KNUDSON D+NORAIDA M Address: 559 WINSDOR PL NE Compny:559 WINDSOR PL NE Compny:514 BRONSON PL NE RENTON WA Address: RENTON, WA 98056 Address: RENTON, WA Phonel: Email: Phonel: Email: NA 1 928. 31 a 0 OrMAX >r I 60 l (� Phonel: 206-992-3678 Email: Ui i v v'. "Lr,,"4 RECEIVED AUG 18 1007 August 23 2007 "30fLMNG DIVISIQN Dept of Planning & Development Division City of Renton 1055 S. Grady Way Renton, Wa.98057 Re: Dawson's Residence 559 Windsor PI NE Renton, Wa. 98056 The above resident, a neighbor, has been making a lot of noise and is a nuisance in making additions to their existing house, especially the basement. This is a nuisance in the neighborhood and I would request that you kindly check/inspect on this if they did have a permit/license to make some additions as they are continuously violating the laws. I am aware that they were cited already for violation of some planning and permit code, as there was a note posted in front of their house before; however; they continue to violate the laws which is not good and hazardous. Your kind attention to this matter is very appreciated. Sincerel , .-- oncern or and Citizen r~s 00 N ame CHRISTOPHER DAWSON and NORATDA DAI Address 559 WINDSOR PLACE NE City. State, Zip RENTON, Washington 98056 939174DR + J Reference (If ap ,Z � -7 Grantor(s) (1) TATE MELVIN L Grantee(s) (1) DAWSON CHRISTOPHER Addrt Grantor(s) on pg Legal Description(abbr,)- rveUD 3 15.14 Lip E1854171 11128/2001 15:C1 KING COUNTY. VA SALE $1 5;1�0,80 PAGE eat OF 002 (2) -?)/ l4::�) (2) DAWSON NORAIDA Adciit Grantee(s) on pg, Addzt legal(s) on log Assessor's Tax Parcel TD# ACct # 947620-0275-00 LEVY 2100 STATUTORY WARRANTY DEED THE GRANTOR KELVIN L TATE, A SINGLE PERSON, for and in consideration of TEN AND NO/100 DOLLARS AND OTHER VALUABLE CONSIDERATION, in hand paid, conveys and Warrants to CHRISTOPHER DAWSON and NORAIDA DAWSON, HUSBAND AND WIFE, the following described real estate, situated in the County of KING, State of Washington See Legal Description attached hereto and marked Exhibit "A". SUBJECT TO- Easements, Restrictions, Reservations and Provisions of record, if any. tA-\)R,1Y-- -�>jW1 Dated �� November 21 20DI /1�LP� — z MELVIN L TATE STATE OF WASHINGTON ) t ss. COUNTY OF KING ) On thisday personally appeared before me MELVIN L TATE to me known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary act and deed, for the uses and purposes therein mentioned. rr /�� GIVEN under my hand and , f y�ra,; WeAl th day bf , .o f 00S01V rebNdI +? . ..... t3 EXPiqKY a itk,`` •.Sr�4F1 PubliI k and for the State of WaSharlgton, 9 at intment expires. 4W Transnation A VA M R= CBipuy Form 7176-3 (rev 12_96) Transnation Title Insurance Company LP810 AN EASEMENT AFFECTING A PORTION OF SAID PREMISES FOR THE PURPOSES STATED THEREIN IN FAVOR OF, FOR DISCLOSED BY INSTRUMENT RECORDED RECORDING NUMBER The City of Renton and the public Sewer, creek, and drainage October 15, 1943 3341724 The description contained therein is not sufficient to determine its exact location within the property herein described RESTRICTIONS ON THE FACE OF THE PLAT AS FOLLOWS: No lot or portion of a lot in this plat shall be divided and sold or resold, or ownership changed or transferred, whereby the ownerslp of any portion of this plat shall be less than the area required for the use district stated on this plat, namely 6000 square feet r, All lots in this plat are restricted to R-1 Residence use, governed by and subject to restrictions, �`- rules and regulations of the King County Resolution Number 6494 and subsequent changes thereto by official county resolution COVENANTS AND RESTRICTIONS CONTAINED IN DECLARATION OF PROTECTIVE RESTRICTIONS AND EASEMENTS, BUT OMITTING ANY C1.4 �- COVENANT OR RESTRICTION BASED ON RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN UNLESS AND ONLY TO �- THE EXTENT THAT SAID COVENANT (a) IS EXEMPT UNDER CHAPTER 42, SECTION 3607 OF THE UNITED STATES CODE OR (b) RELATES TO HANDICAP BUT DOES NOT DISCRIMINATE AGAINST HANDICAP PERSONS: RECORDED' May 19, 1942 RECORDING NUMBER, 3241087 ORDINANCE NO. 4612 OF THE CITY OF RENTON, WASHINGTON, ESTABLISHING AN ASSESSMENT DISTRICT FOR SANITARY SEWER SERVICE IN A PORTION OF THE SOUTH HIGHLANDS, HEATHER DOWNS, AND MAPLEWOOD SUB -BASINS AND ESTABLISHING THE AMOUNT OF THE CHARGE UPON CONNECTION TO THE FACILITIES AND THE TERMS AND CONDITIONS THEREOF: RECORDED, dune 21, 1996 RECORDING NUMBER 9606210966 Easement for grading of street slopes, as necessary, over portion of premises adjoining any street or alley oc> e�4 V_ c_j Coatnutrment No R250317-2 r- SCHEDULE A CONTINUED 4. The land referred to in this Commitment is described as follows, Lot 1, Block 3, Windsor Hills Addition to Renton, according to the plat thereof, recorded in Volume 38 of plats, page(s) 22, in King County, Washington; EXCEPT that portion described as follows Beginning at the southeast corner of said Lot 1; thence north 80*30137" west along the southerly line thereof, 112 87 feet to the southwest corner of said lot; thence northerly along the westerly line thereof, on a curve to the left with a radius of 3316 feet, a distance of 15 feet; thence south 7r57'41" east 114 2 feet to the point of beginning END OF SCHEDULE A STATE OF WASHINGTONf , f'ounty of King l -The Director of Records & Flections, King County, State of Washington and e-xofticio R-corder of Deeds and other instruments, do hereh;' cer{,ry the fbnn,oing copy has been compared with the original instrument as the sa c, appears on file and of record in t;;e office and that the same is a true and ocrtect transcript of said tj-igina' anrt or inr wh,7lr thereof. Witness m hand and official seal tht_.. day of M0 "' 5",j" __i '4-.. _ lj t CONTINUED Recording Requested by. LSI When recorded return to: Custom Recording Solutions 2550 N Redhill Ave Santa Ana, Ca 92705 Document Title(s) Deed of Trust CRSff4094780 Reference Number(s) of related document Additional reference #'s on page Grantor(s) (Last, first and Middle Initial) Electronic., j Recorded 20080501000949 ACS-ERX Page 001 of 017 05/01 /2008 11:59 King County, WA CHRISTOP14ER DAWSON AND NORAIDA DAWSON Additional granters on page Grantee(s) (Last, First and Middle Initial) BANK OF AMERICA, N.A. PRLAP, INC.Trustee) Additional Grantees on page DT 59.00 Legal Description (abbreviated form: i.e. lot, block, plat or section, township, range quarter) Lt 1, Blk 3, Windsor Hills Add,, Rec Vol 38 Pg 22, King Co., WA Full legal Description on Exhibit A Assessor's Property Tax Parcel/Account Number 947620027500 Additional Parcel #'s on page The Auditor/Recorder will rely on the information provided on this form. The staff will not read the document to verify the accuracy or completeness of the indexing information provided herein. I am requesting an emergency nonstandard Recording for an additional fee as provided in RCW 36.18.010. I understand that the recording processing requirements May cover up or otherwise obscure some part of the text of the original document. Signature of Requesting Party Recording requested by: LSI When recorded return to : Custom Recording Solutions 25SO N. Redhill Ave. 1404 Santa Ana, CA. 92705 800-756-3524 Ext. 5011 Assessor's Parcel or Account Number: 94762OC27500 Abbreviated Legal Description: (Include lot, black and plat or section, township and range] Full legal description located on page T04 Trustee: PRLAP , I NC. [Space Above This Line—FSr�cce Ing 3Tatal Exhibit DEED OF TRUST LOAN # 3309183956 DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means this document, which is dated MARCH 13, 2008 , together with all Riders to this document. (B) "Borrower" is CHRISTOPHER DAWSON AND NORAIDA DAWSON, MARIEO TO EACH OTHER. Borrower is the trustor under this Security Instrument. (C) "Lender" is BANK OF AMERICA, N.A. WASHINGTON-Single Family- Fannie MaelFreddie Mac UNIFORM INSTRUMENT Form 3048 lfdl t' -6(WA) (0012) Page I of 15 VMP MORTGAGE FORMS 1-1i800j5221-7 CVWA C3112/08 4:49 PM 1309183956 Lender is a NATIONAL BANKING ASSOC i AT I ON organized and existing under the laws of THE UN I TED STATES OF AMER I CA Lender's address is 275 S . VALENC I A AVENUE, BREA , CA 928230000 Lender is the beneficiary under this Security Instrument. (D) "Trustee" is PRLAP , I NC , (E) "Note" means the promissory note signed by Borrower and dated MARCH 13, 2008 The Note states that Borrower owes Lender TWO HUNDRED TEN THOUSAND FCUR HUNDRED SEVENTY NINE AND 001100 Dollars (U.S. $ 210,479.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than APR I L 01, 2038 (F) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." (G) "Loan" means the debt evidenced by the mote, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (H) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: Adjustable Rate Rider 0 Condominium Rider 8 Second Home Rider � Balloon Rider Planned Unit Development Rider I-4 Family Rider VA Rider 0 Biweekly Payment Rider Oother(s) [specify] (1) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect or law) as well as all applicable final, non appealable judicial opinions. M "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. W "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point -of -sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (L) "Escrow Items" means those items that are described in Section 3. (M) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for. (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (ITT) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (0) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. (P) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and Initials; (JMV(WA) (0012) Page 2 of 15 Form 3048 1101 CVWA 01113/08 4:49 PM 3309103956 restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (Q) "Successor in Interest of Burrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note andfor this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: 0) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this. Security Instrument and the Note. For this purpose, Borrower irrevocably grants and conveys to Trustee, in trust, with power of sale, the following described property located in the COUNTY of KING [Type of Recording Jurisdiction] [Name of Recording Jurisdiction] "LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF." See Attached Exhib'a A Parcel ID Number: 947620027500 which currently has the address of 559 W I NDSOR PL NE [street) RENTON [city] , Washington 98056-3661 [Zip Coda] ( "Property Address"): TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to grain and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and nonuniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: I. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Initials: *&) a-6(WA) (0012) Page 3 of 15 Form 3042 1101 CVWA 0311310E 4:49 PM 33091B3956 Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. however, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security lnstrument. 2. Application of Payments or Proceeds_ Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can he paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note_ Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items_ Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; '(b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the Initials: d-G(WA) (00I2) pogo 4 of 15 Form 3048 1101 CVWA 03113108 4:49 PM 3309183956 term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require_ Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section IS and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and tb) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments, if there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums sccured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Initials; 4-d(WA) (0012) page 5 of 15 Form 3048 1101 CVWA 03/13108 4:49 PM 3209103956 Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in goad faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4, Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. S, Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Theref are, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in, effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss. Borrower shall give prompt notice to the insurance carrier and Lender, Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was & N Initials: -b(WA) (0012) page 6 of 15 Form 3448 1101 CVWA D3/13106 4:49 PM 33D91B3955 required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a singe payment or in a series of progress payments as the work is completed, Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for is Section 2, If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may Use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or eondernnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. Inieials:t � -6(W A) (0012) Pap 7 of 15 Form 3048 1101 CVWA 03/13/08 4:49 PM 3309183956 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. bender's actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument, These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in affect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance, If Lender required Mortgage Insurance as a condition of making the Loan and Initials: rV (Ck-61WA) (DU12) Page 8 of 15 Form 3048 1101 CVWA 03113108 4:44 Ply 330316395E Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of funds that the mort&age insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. (b) Any such agreements will not affect the rights Borrower has _ if any - with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, andlor to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds, Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to i such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair Initials: Y -b(WA) (0012) Page 4 of 15 Form 3049 11O1 CVWA 031131D8 4:49 PM 3309181956 market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Pro�crty in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be appglied in the order provided for in Section Z. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, an Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer" ): (a is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writin&. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. Initials: (-6(WA,) (0012) Page 10 of 15 Form 3048 U01 CVWA 03113108 4:49 PM 3309183956 If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan char es collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces rincipal, the reduction will be treated as apartial prepayment without any prepayment charge whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address, If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument, 16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine ender shall mean and include corresponding neuter words or words of the feminine gender; (bJ words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action, 17. Borrower's Copy, Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law, If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. Initials: �„ (-6(WA) (0012) Page 11 of 15 Form 3048 1101 CVWA 03/13/08 4:44 PM 3309183956 1E9. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of, (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument, Those conditions are that Borrower: (a) ays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fecs, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by bender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Dote and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the an Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicar, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this pars&raph, The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances; gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Invironmental Law" means federal laws and laws of the jurisdiction where the Proffty is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Initials: 4 -G(WA) (4012) Page 12 of 15 Form 3049 lbl CVWA 03113/08 4:49 PM 330418395E Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be aypropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Leader for an Environmental Cleanup. NONUNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows; 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration. under Section 18 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property at public auction at a date not less than 120 days in the future. The notice shall further inform Borrower of the right to reinstate after acceleration, the right to bring a court action to assert the non-existence of a default or any other defense of Borrower to acceleration, and sale, and any other matters required to be included in the notice by Applicable Law. If the default is not cured on or before the date specified in the notice, Leader at its option, may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the power of sale andfor any other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, reasonable attorneys' fees and costs of title evidence. If Lender invokes the power of sale, Lender shall give written notice to Trustee of the occurrence of an event of default and of Lender's election to cause the Property to be sold. Trustee and Lender shall take such action regarding notice of sale and shall give such notices to Borrower and to other persons as Applicable Law may require. After the time required by Applicable Law and after publication of the notice of sale, Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder at the time and place and under the terms designated in the notice of sale in one or more parcels and in any order Trustee determines. Trustee may postpone sale of the Property for a period or periods permitted by Applicable Law by public announcement at the time and place fixed in the notice of sale. Leader or its designee may purchase the Property at any sale. Trustee shall deliver to the purchaser Trustee's deed conveying the Property without any covenant or warranty, expressed or implied. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements shade therein, Trustee shall apply the proceeds of the sale in the following order: (a) to all expenses of the sale, including, but not limited to, reasonable Trustee's and attorneys' fees; (b) to all sums secured by this Security Instrument; and (c) any excess to the person or persons legally entitled to it or to the clerk of the superior court of the county in which the sale took place. Initiole; �-b(WA) (0012) Page 13 of 15 Farm 3U49 1101 CVWA 03113108 4:49 Pia 33091 B395E 23. Reconveyance. Upon payment of all sums secured by this Security Instrument, Lender shall request Trustee to reconvey the Property and shall surrender this Security Instrument and all notes evidencing debt smurod by this Security Instrument to Trustee. Trustee shall rcconvey the Property without warranty to the person or persons legally entitled to it. Such person or persons shall pay any recordation costs and the Trustee's fee for preparing the reconveyance. 4. Substitute Trustee. In accordance with Applicable Law, Lender may from time to time appoint a successor trustee to any Trustee appointed hereunder who has ceased to act, Without conveyance of the Property, the successor trustee shall succeed to all the title, power and duties conferred upon Trustee herein and by Applicable Law. 25. Use of Property. The Property is not used principally for agricultural purposes. 26. Attorneys' Fees. Lender shall be entitled to recover its reasonable attorneys' fees and costs in any action or proceeding to construe or enforce any term of this Security Instrument. The term "attorneys' fees,' whenever used in this Security Instrument, shall include without limitation attorneys' fees incurred by Lender in any bankruptcy proceeding or an appeal. ORAL AGREEMENTS OR ORAL COMMITMENTS TO LOAN MONEY, EXTEND CREDIT, OR TO F'ORBF_.AR FROM ENFORCING REPAYMENT OF A DEBT ARE NOT ENFORCEABLE UNDER WASHINGTON LAW. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. Witnesses: (Seal) CHRISUPHER DAWSON -Borrower r, (seal) NORAIOA DAWSON -Borrower (Seal) (seat) -Borrower _ ( Seal ) -Borrower _ (Seal) -Burrower (-b(WA) (0012) COA 03/11/08 4:49 PM 3309183956 Page 14 of 15 -Borrower (Seal) -Borrower (Seal) -Borrower Form 3048 1101 STATE OF WASHINGTON County of (� On this day personally appeared before e to me known to be the individual( -described in and who executed the within and foregoing instrument,.and acknowledged that hefsheltheY signed the same as his1herithgir free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand and official seal this 4N day of Notary Public in and for tha S to Washington, residing at FDW My Appointment— Expires on �" "� l3 NO •''+a a•••aa• kr:• NOTARY 0 % %BL1C ;A .4P. �p r T8. 2Q.• ,fib Initsa1s: (Sk-6(WA) (Q612) Page 15 of 15 CVWA 03/13108 4:49 PM 3309183956 Forth 3048 1101 EXHIBIT A LEGAL DESCRIPTION The following described property: Order I0;4094780 Loan No.: 3309183956 The land referred to herein is situated in the State of WA, County of KING, City of RENTON and described as follows: Lot 1, Block 3, Windsor Hills Addition to Renton, according to the plat thereof, recorded in Volume 38 of plats, Page(s) 22, in King County, Washington, Except that portion described as follows Beginning at the Southeast corner of said Lot 1; thence North 80 deg 30 min 37 sec West along the Southerly line thereof, 112.87 feet to the Southwest corner of said lot; thence Northerly along the Westerly line thereof, on a curve to the left with a radius of 331.6 feet, a distance of 15 feet; thence South 72 deg 57 min 41 sec East 114.2 feet to the point of beginning. ""'Abbreviated Legal provided as a courtesy --- Lt 1, Blk 3, Windsor Hills Add., ReC Vol 38 Pg 22, King Co., WA Purported address is: 559 Windsor PI NE Renton, WA 98056 APN 947620027500 STATE OF WASHINGTONf ' Gounty of Kinb The Director of Records & Electrons, King County. State of Washington and cxofficio Recorder of Deeds and other instruments. do hereby ccmt — the foregoing copy has been compared with the original rnsirumert as the sZ:TIL appears on file and of record in the ottice and that the same is a true and perfect transcript of said )-igina, anrt of tnr- whol.r tht�reof; Witty�RSy1yV nd and official sral eha, day �i f'4q ff. Dirc tar Re idsB+ `ttttto ury CITY OF RENTON COUNTY OF KING, STATE OF WASHINGTON CITY OF RENTON, Plaintiff, vs. Christopher Dawson, 11 Paul Baker, ) } NO. SR06-0628 y COS-0692 } DECLARATION OF SERVICE ) ) } Defendant(s). } hereby declares under penalty of perjury pursuant to the laws of the State of Washington as follows: 1. 1 am a citizen of the United States, a,resident of the State of Washington, over the age of eighteen (18) years, not a party to the above -entitled action, competent to testify to the facts set forth herein, and I make this declaration based upon my personal knowledge 2. On June 18, 2008 [PRINT MONTH, DAY AND YEAR] at 1:30 P.M. [PRINT TIME OF SERVICE AND AM OR PM), I caused a copy of the following document(s): NOTICE AND ORDER and DANGEROUS BUILDING UNSAFE TO OCCUPY NOTICE, to be served upon the defendant(s) via the method of service checked below for each recipient at the following address [PRINT NAME AND ADDRESS OF EACH RECIPIENT]: CHRISTOPHER DAWSON at 569 WINDSOR PLACE NE, RENTON, WASHINGTON U.S. Postal Service, first class mail, postage prepaid and certified mail, with return receipt requested, postage prepaid XX— Personal service.by leaving a copy with the defendant(s) or a person of suitable age and discretion at the above -referenced address. Posted on Property: Other: EXECUTED at _RENTON], Washington, this 18 day of JUNE , 2008 [SIGN] Pagel of 2 Paul Baker - FW: Dawson Residence From: "GN2" <GN2@seanet.com> To: "'Mark Barber"' <mebarber@seanet,com> Date: 07/15/2008 8:12 AM Subject: FW: Dawson Residence CC: "'Paul Baker"' <pbaker@ci.renton.wa.us-> Mark, this was sent to me yesterday. G. Newsom 11 Senior Assistant City Attorney City of Renton 100 South Second Street P.O. Box 626 Renton, WA 98057 GN2@seanet.com (425) 255-8678 (Office) (425) 255-5474 (Facsimile) CONFIDENTIALITY STATEMENT This message may contain information that is protected by the attorney -client privilege and/or work product privilege. If this message was sent to you in error, any use, disclosure or distribution of its contents is prohibited. If you receive this message in error, please contact me at the telephone number or e-mail address listed above and delete_ this message without printing, copying, or forwarding it. Thank you. From: Ralph Crear [mailto:rcrear@cmc.net] Sent: Monday, July 14, 2008 7:19 PM To: Garmon Newsom Subject, Dawson Residence Importance: High Mr. Newsom, As you are aware, this firm was retained sometime ago to represent Mr. and Mrs. Dawson's ("Dawson's") interest regarding various issues concerning their home that have been brought to their attention the City of Renton Planning, Building and Public Works Department ("Building Department") As stated in a letter dated June 24, 2008 that I recently forwarded to Mr. Paul Baker ("Mr. Baker") with the Building Department based on a recent Notice and Order ("Notice") dated June 17, 2008 (which was appealed in a timely manner) demanding that the Dawsons vacate their home within forty-eight (48) hours, "...the Dawsons have recently met with several professional engineers with the specific intent of completing the renovation work they initiated some time ago as well as to address various issues [you] and/or Building Department have raised over the past several years. In fact, the Dawsons have already obtained several reasonable written estimates from the same engineers. Based on these meetings as well as the reasonableness of the estimates, the Dawsons anticipate retaining the services of these professionals with the intent of promptly obtaining the proper permits to begin and/or complete the renovation work..." file://C:1Documents and SettingslpbakerlLocal Settin-slTemp1GW100001.HTM 07/15/2008 Page 2 of 2 The Dawsons have in fact retained the services of professionals discussed in my June 24, 20008 letter. Further, the Dawsons recently informed me of a meeting that the Dawson's prime contractor scheduled for 10:00 a.m. on Friday July 11, 2008 to be held at the Dawson's Home along with Mr. Baker and/or other necessary City of Renton ("City") offcials with the purpose of addressing all the issues raised by the City sometime ago. The Dawson's informed me Mr. Baker failed to appear for the meeting. I am requesting that you promptly inform me of at least three times and dates that the proper City officials can meet with Mr. Dawson's contractor and/or other necessary individuals at the Dawsons' home as an initial step in resolving all the issues raised by you and Building Department sometime ago. The Dawsons are making a good faith effort to resolve and bring to a conclusion the issues that you and the Building Department have vigorously insisted they address. However, the recent actions of Mr. Baker appear to in bad faith and do not jive with the actions you and the Building Department have employed for sometime now. Your prompt attention to this matter is appreciated. Yours Very Truly, Ralph Crear Puget Sound Law Group 17724 Eleventh Avenue N.E. Shoreline, WA 98155 P.S. Please cc my office regarding all further communications by any City official to the Dawsons_ file://CADocuments and Settinvslubaker\Local Settin.gs\TemV\GW WOOOI.HTM 07/15/2008 Page 1 of 3 Paul Baker - RE: Dawson Residence - Code Violations From: To: Date: Subject: CC: "GN2" <GN29seanet.com> "'Ralph Crear"' <rcrear@cmc.net> 07/28/2008 12:12 PM RE: Dawson Residence - Code Violations "'Paul Baker"' <pbaker@ci.renton.wa.us> I have received your message and have left a mcssagc with N1r. Baker who is out of the office today. He will respond to you or your clients at his earliest possible convenience. The City looks forward to resolving this matter in an appropriate way that safeguards the health, safety and welfare of all the citizens of Renton. Thank you for saying on top of his matter N1r. Crear, G. Newsom II Senior Assistant City Attorney City of Renton 100 South Second Street P.O. Box 626 Renton, WA 98057 GN2 &seanet.cotn (425) 255-8678 (Office) (425) 255-5474 (Facsimile) CONFIDENTIALITY STATEMENT This message may contain information that is protected by the attorney -client privilege and/or work product privilege. If this message was sent to you in error, any use, disclosure or distribution of its contents is prohibited. If you receive this message in error, please contact me at the telephone number or e-mail address listed above and delete this message without printing, copying, or forwarding it. Thank you. From: Ralph Crear [mailto:rcrear@cmc.net] Sent: Saturday, July 26, 2008 9:35 AM To: Garmon Newsom Subject: Fw: Dawson Residence - Code Violations Importance: High Mr. Newsom, I am in receipt of your e-mail response below. However, I am not in receipt of a response to a specific request set forth in my original e-mail message ["... I am requesting that you promptly inform me of at least three times and dates that the proper City officials can meet with Mr. Dawson's contractor and/or other necessary individuals at the Dawsons' home as an initial step in resolving all the issues raised by you and Building Department sometime ago. The Dawsons are making a good faith effort to resolve and bring to a conclusion the issues that you and the Building Department have vigorously insisted they address. However, the recent actions of Mr. Baker appear to in bad faith and do not jive with the actions you and the Building Department have employed for sometime now. Your prompt attention to this matter is appreciated..."]. I am requesting a response from you via a return e-mail message regarding this request by 12:00 file://CADocuments and Settingslpbaker\Local SettingslTemplGWJ00001.HTM 07/29/2008 Page 2 of 3 p.m. on Tuesday July 29, 2008. If I am not in receipt of a timely response, I will assume you and the City are unwilling to act in good faith despite the Dawsons' attempts to do just that. Your immediate response is appreciated. Ralph Crear Puget Sound Law Group ----- Original Message ----- From: Ralph Crear To: Chris Dawson Sent: Tuesday, July 15, 2008 4:42 PM Subject: F'w: Dawson Residence - Code Violations ----- Original Message ---- From: GN2 To: 'Ralph Crear' Cc: 'Paul Baker' Sent: Tuesday, July 15, 2008 11:16 AM Subject: RE: Dawson Residence - Code Violations Good Morning Nir. Crear, I have received your e-mail and have forwarded a copy of it to Mr. Baker. Mr. Baker will be sure to Cc: you on any of his correspondences with the Dawsons. Any Mr. Baker's actions that the I)awsons have interpreted as bad faith are likely the result of miscommunication or a misunderstanding. With ,your participation I am sure that there will be no £urthcr miscommunication or misunderstandings. We look forward to your assistance in resolving this matter soon. Thank you. G. Newsom II Senior Assistant City :attorney City of Renton 100 South Second Street P.Q. Box 626 Renton, WA 98057 GN2 auseanet.com (425) 255-8678 (Office) (425) 255-5474 (Facsimile) CONFIDENT1ALiTY STATEMENT This message may contain information that is protected by the attomey-client privilege and/or work product privilege. If this message was sent to you in error, any use, disclosure or distribution of its contents is prohibited. If you receive this message in error, please contact me at the telephone number or e-mail address listed above and delete this message without printing, copying, or forwarding it. Thank you. From: Ralph Crear [mailto:rcrear@cmc.net] Sent: Monday, July 14, 2008 7:19 PM To: Garmon Newsom Subject: Dawson Residence Importance: High file:l/CADocuments and Settingslpbakerll.ocal SettingslTemplGW}00001.HTM 07/29/2008 Page 3 of 3 Mr. Newsom, As you are aware, this firm was retained sometime ago to represent Mr. and Mrs. Dawson's ("Dawson's") interest regarding various issues concerning their home that have been brought to their attention the City of Renton Planning, Building and Public Works Department ("Building Department") As stated in a letter dated June 24, 2008 that I recently forwarded to Mr. Paul Baker ("Mr. Baker") with the Building Department based on a recent Notice and Order ("Notice") dated June 17, 2008 (which was appealed in a timely manner) demanding that the Dawsons vacate their home within forty-eight (48) hours, "..,the Dawsons have recently met with several professional engineers with the specific intent of completing the renovation work they initiated some time ago as well as to address various issues [you] and/or Building Department have raised over the past several years. In fact, the Dawsons have already obtained several reasonable written estimates from the same engineers. Based on these meetings as well as the reasonableness of the estimates, the Dawsons anticipate retaining the services of these professionals with the intent of promptly obtaining the proper permits to begin and/or complete the renovation work..." The Dawsons have in fact retained the services of professionals discussed in my June 24, 20008 letter. Further, the Dawsons recently informed me of a meeting that the Dawson's prime contractor scheduled for 10:00 a.m. on Friday July 11, 2008 to be held at the Dawson's home along with Mr. Baker and/or other necessary City of Renton ("City") offcials with the purpose of addressing all the issues raised by the City sometime ago. The Dawson's informed me Mr. Baker failed to appear for the meeting. I am requesting that you promptly inform me of at least three times and dates that the proper City officials can meet with Mr. Dawson's contractor and/or other necessary individuals at the Dawsons' home as an initial step in resolving all the issues raised by you and Building Department sometime ago. The Dawsons are making a good faith effort to resolve and bring to a conclusion the issues that you and the Building Department have vigorously insisted they address. However, the recent actions of Mr. Baker appear to in bad faith and do not jive with the actions you and the Building Department have employed for sometime now. Your prompt attention to this matter is appreciated. Yours Very Truly, Ralph Crear Puget Sound Law Group 17724 Eleventh Avenue N.E. Shoreline, WA 98155 P.S. Please cc my office regarding all further communications by any City official to the Dawsons. file://C:\Documents and Settingslpbaker\Local Settings\Temp\GW)00001.HTM 07/29/2008 CITY OF RENTON COMMUNITY AND ECONOMIC DEVELOPMENT DIVISION DANGEROUS BUILDING UNSAFE TO OCCUPY Location: 559 WINDSOR PLACE NE Reason(s) for issuance: VIOLATIONS OF DANGEROUS BUILDING CODE Posted at , by PAUL BAKER For required repairs and further information, contact the COMMUNITY AND ECONOMIC DEVELOPMENT DIVISION at (425) 430-7200. WARNING! The removal, mutilation, destruction or concealment of this Notice is a Misdemeanor punishable by a fine of $300, or imprisonment for 90 days, or both. Persons failing to vacate may be guilty of Criminal Trespass as defined in Renton Municipal Code 6-18-10. Page I of 6 Paul Baker - RE: 599 Windsor Place From: "GN2" <GN2(a--),seanet.com> To: "GN2" <GN2(a seanet.com> Date: 06/07/2007 2:28 PM Subject: RE: 599 Windsor Place Not to belabor any point given that we are attempting to move forward with needed inspections, I have submitted the following brief responses to your Statements or queries: You asked "why did you attach computer generated inspection print outs to you August 18, 2006 e-mail transtntission to me?" You received that copy- of an inspection because during our August 18, 2006, telephone conversation you asked about that specific report and I scanned it and sent it to you while we were on the telephone. You wrote in your June 1, 2007, email that you "did not receive an adequate response to the primary issue we discussed on or around the same time: THE LEGITIMACY OF YOUR CLIENT'S CLAIM THAT DANGEROUS, HAZARDOUS, AND LIFT' THREA ENING CONDITIONS EXISTED IN THE DAWSONS' HOME PFR THE RESULT OF INSPECTIONS." We may disagree on what a>as the primary issue during our discussions; however none of our conversations revolved around the city establishing these conditions. Your clients do not need the city to establish that their failure to permit the city to return to the property and conduct thorough inspections resulted in a Stop Work Order on or about June 15, 2005. Even a child would agree that it would be appropriate to toll the 180 day permit period until the issues raised in the stop work order have been addressed. The reasonableness of that tolled period is another matter. This just seems like an attempt to be insulting. I will not join you in that dialogue since it simply diminishes the character of the person making the sttitcments. As for a tolling period, no one would expect for 180 days to be tolled if, as here, the ordinance does not provide for it. Further, no one expects for it to be tolled for more than 15 to 2 years unilaterally,-. Also, it would be inappropriate to demand detailed plans under permits that have already been issued to the Dawsons that did not require such plans. Of course, the City may require such plans under any permits addressing "new and different work" from that already authorized under previous permits (and where warranted). The permits have expired and ha%-e been expired for more than 1.5 to 2 years- Any work that is done will fall under the current rules and requirements of the Renton Building Department. If a plan, detailed or not, is currently required then that is what the Dawsons or any other homeowner will be required to provide. It would be easy for your client to provide the Dawsons with a carbon copy or a brief synopsis of any notes that they take during a "walk though" with a detailed report to follow a few days later. As stated during our telephone conversation this morning, the inspectors mad provide them with something in writing before leaving and or they will provide them with a copy: of the inspection reports in a timely manner after returning to their offices. Also, it is apparent from your attachments to your August 18, 2006 letter that many months ago I requested written documentation of inspection reports that your client allegedly provided to my client. There was no attachment to the August 18, 2006, letter. file:/f Mocuments and Setting slpbakerlLocal SettingslTernplGW J00002.HTM 06/07/2007 Page 2 of 6 As an officer of the court, I am extremely concerned now (as I was during our conversation many months ago) regarding your request that the Dawsons waive Such rights as a condition to continuing attempts to resolve the current permitting issues with your client given the fact our discussions have not thus far addressed legal claims Where is the quid quo pro' Quid quo Pro? Your clients have a property that at the time of the last inspections was out of code compliance. Now, 2 years later, they are being given an opportunity to baring it into compliance within a 50-day period at no "work permit" cost to them. Frankly, there doesn't have to be anything in exchatngc. It is their obligation to ensure that the work was done in accordance with code standards. This is not a siruarion where a property owner can say "catch me if you can," get caught, work out an agreement, and then sue because they got caught. Unless damages are completely addressed during these current discussions (who bears the risk of such damages?; how will the individual/entity not bearing the risk be compensated for any damages?), the Dawsons are not willing to waive their legal rights and have in fact requested that I vigorously pursue such rights if necessary. Hopefully, as an ethical attorney you would advise you client to do the same. Should you wish to discuss the issue of damages, 1 would be more than willing to do so with my client's consent. So that there is no misunderstanding, your clients bear the burden of following the requited steps to obtain a permit, executing the changes during the time allotted by the permit, and having the changes/remodeling approved by the city. .1s a result, any failure to do any of the aforementioned things, in a timely manner, may result in financial losses and or delays. Those losses and or delays are solely the result and responsibility of the Dawsons. The city is not required to guarantee that the Dawsons stay in budget, stay on schedule or do the ,vork that they planned to do. I would expect that an ethical attorney would advise his or her clients of that. That said, as always, thank you for your time and 1 look forward to resolving this matter with you and your clients. G. Newsom H Senior Assistant City :attorney City of Renton 100 South Second Street P.C. Box 626 Renton, WA 98057 G.N.2@Lseanet.com (425) 255-8678 (Office) (425) 255-5474 (Facsimile) CONFIDENTIALITY STATEMENT This message may contain information that is protected by the attorney -client privilege and/or work product privilege. If this message was sent to you in error, any use, disclosure or distribution of its contents is prohibited. If you receive this message in error, please contact meat the telephone number or e-nail address listed above and delete this message without printing, copying, or fonvarding it. Thank you. From: Ralph Crear [mailto:rcrear@cmc.net] Sent: Thursday, June 07, 2007 9:41 AM To: GN2@seanet.com Subject: Fw: 599 Windsor Place Your attached e-mail message seems to reiterate many of the same matters that I informed you in my recent e- mail message as "moot." file: //C:1Documents and SettingslpbakerlLocal Settiings\TemplGW) 00002.HTM 06/07/2007 0 Page 3 of 6 You then declare "You are now stating that you 'did not receive an adequate response to the primary issue we discussed on or around the same tune,' that the city establish that dangerous, hazardous and or life threatening conditions existed at the property... ...We never agreed that the city would prove to you or your clients that dangerous, hazardous and or life threatening conditions existed at the property. None of your correspondences support your claim that we discussed that and that the City of Renton agreed to establish for you or your clients that dangerous, hazardous and or life threatening conditions existed at the property." If you take a cursory look at my last e-mail message, you can obviously see that this is not at all what I claimed we discussed during prior correspondences. I referred to "THE LEGITIMACY OF YOUR CLIENT'S CLAIM THAT DANGEROUS, HAZARDOUS, AND LIFE THREATENING CONDITIONS EXISTED IN THE DAWSONS' HOME PER THE RESULT OF INSPECTIONS. In particular, I asked you to forward me written confirmation of your client's inspection reports (that were allegedly also provided to the Dawsons) evidencing the alleged dangerous, hazardous, and life threatening conditions that prompted your client to demand that the Dawsons vacate their premises. I have yet to receive that written documentation." if this were not the case, why did you attach computer generated inspection print outs to you August 18, 2006 e-mail transmission to me? In a letter that I directed to City attorney Larry Warren on January 4, 2005, 1 stated among other things "...I forwarded a brief letter to you in order to seek your assistance regarding a pressing matter. That matter involved comments in a letter dated December 2, 2005 that was forwarded to Mr. Dawson by City of Renton Code Compliance Inspector Mr, Raul Baker ("Mr. Baker"). In that letter, Mr_ Raiser stated among other things "As indicated in the September 9, 2005 Order to Correct C05-0692 (copy enclosed) the City of Renton declared your structure a 'Dangerous Building.' The City of Renton will post the structure 'Unsafe to Occupy' on January 10, 2006, At that time you will not be permitted to occupy the structure as a dwelling. This letter is to inform you of the City's intention and provide opportunity to comply or make other living arrangements." Assuming you have taken a moment to review the Me in this matter (as would be the proper procedure for any attorney), I was certain you were aware that your client (in particular Mr. Baker) had apparently already (verses during a future test trial) made some determination (apparently during a previous inspection) that the Dawsons' home should be declared a dangerous building. While a copy of an order to correct may have been attached to a letter directed to the Dawsons, I have yet to review any documentation from your office clearly showing any dangerous, hazardous, and/or life threatening condition in the Dawsons' home. Surely such documentation exists given the seriousness threat from your client to put the Dawsons' on the street and make them homeless. It is simple and straight forward request that has yet to be responded to. While it may be true that we discussed some the other issues you have stated again in your recent e-mail message, these issues are not as pressing at this time since the Dawsons are willing to move forward with inspections by your client. However, as a point of cfadty, I will briefly discuss them. I did not indicate to you that the Dawsons wished to obtain a "free" 180 day period_ Instead, I informed you that after the Dawsons applied for and received various permits, your client issued stop work orders regarding several of the permits before the 180 day period expired. Every a child would agree that it would be appropriate to toll the 180 day permit period until the issues raised in the stop work order have been addressed. The reasonableness of that tolled period is another matter. Also, it would be inappropriate to demand detailed plans under permits that have already been issued to the Dawsons that did not require such plans. Of course; the City may require such plans under any permits addressing "new and different work" from that already authorized under previous permits (and where warranted). It is, however, very important that your client provide the Dawsons with some written documentation of the inspection process shortly after the inspection process occurs. It would be easy for your client to provide the Dawsons with a carbon copy or a brief synopsis of any notes that they take during a "walk though" with a detailed report to follow a few days later. Also, it is apparent from your attachments to your August 18, 2006 letter that many months ago I requested written documentation of inspection reports that your client allegedly provided to my client. Despite this request, you simply attached computer generated documents indicating verbal communications with my client following a couple of inspections. Where are the written inspection reports that should have been given to the Dawsons following all inspections by your client. You agree now such documentation should have been provided to the file:T/C:1Documents and SettingslpbakerTocal Settings\Temp1GW'00002.HTM 06/07/2007 Page 4 of 6 Dawsons a few days after all inspections. And where is the written documentation that should have been provided to the Dawsons prior to a threat of declaring their home dangerous to occupy. The Dawsons are more than willing to move forward with arranging inspections of their home. I will promptly make you aware of their decision regarding your proposed inspection dates after I have spoken with them and they have given me feedback. However, based on the apparently improper actions of your client in the past (i.e.: not adequately providing the Dawsons with written corrective notice that would have allowed them to efficiently resolve any code issues), they are not willing to waive any rights to pursue potential litigation in the future. As an officer of the court, I am extremely concerned now (as I was during our conversation many months ago) regarding your request that the Dawsons waive such rights as a condition to continuing attempts to resolve the current permitting issues with your client given the fact our discussions have not thus far addressed legal claims Where is the quid quo pro? The bottom line is (based on my current knowledge of this matter) the conduct of your client has obviously caused the Dawsons to incur significant damages in the form of delay, time off work, attorney fees, etc. Presumably, your client may well make similar claim for such damages. Unless damages are completely addressed during these current discussions (who bears the risk of such damages?; how will the individual/entity not bearing the risk be compensated for any damages?), the Dawsons are not willing to waive their legal rights and have in fact requested that I vigorously pursue such rights if necessary. Hopefully, as an ethical attorney you would advise you client to do the same. Should you wish to discuss the issue of damages, I would be more than willing to do so with my client's consent. I appreciate your recent e-mail message and appreciate your taking time out of your busy schedule to read this correspondence. Please feel free to forward a response e-mail or give me phone call regarding any questions or concerns. Yours Very truly, Ralph Crear Puget Sound Law Group Ph: 425.774.6016 Fx: 206. 365.5050 ---- Original Message From: GN2 To: 'Ralph Crear Sent: Wednesday, June 06, 2007 2:45 PM Subject: RE: 599 Windsor Place Regarding your Friday, June 1, 2007 email, I bclicti-c that you are mistaken concerning some of your recollections. You stated that the city failed to reply to your last letter. The city sent the last correspondence on August 18, 2006, which was a response to your last letter dated August 15, 2006. The City's August 18, 2006, letter notes that on August 10, 2006, it appeared that we had a tentative agreement that you had to confirm with your clients. We went so far as to agree that you should memorialize that "'agreement or understanding of the parties."' However, instead of having an agreement, your clients made additional demands of the City. First, we agreed, subject to approval from your clients, to a 50-day period to correct any noted dangerous, defective or code -violating condition. We never agreed that a "free" 180 day period would be given after that time since the permits have expired and that has always been the city's position. Second, the city never agreed that it would not require plans, drawings or blueprints for completion work or correction work. In fact, we never discussed it. If Nve had, I would have reminded you that common sense file:// Mocuments and SettingslpbakerlLocal SettingslTemplGW}00002.HTM 06/07/2007 Page 5 of 6 dictates that the city cannot permit someone to make significant non -cosmetic changes to a structure without being able to see whether those changes comply with code standards. That is why both parties are engaged in these discussions. I'hird, your clients wanted to maintain their right to file a lawsuit. It does not make sense for the city to engage in protracted negotiations, potentially enter into an agreement and still find itself embroiled in litigation with the same party concerning the same subject matter. Obviously, the city could not agree to that new demand either. Finally, our tentative agreement was to pern it the inspectors to provide the written inspection report the day of the inspection or shorty thereafter, not the day of the inspection. it is unreasonable to expect the City to agree to provide immediate reports for a condition that it has not seen in almost two ,years. The City never received a reply to its August 18, 2006 letter detailing the aforementioned ports. You are now stating that you "did not receive an adequate response to the primary issue we discussed on or around the same time," that the city establish that dangerous, hazardous and or life threatening conditions existed at the property." We never agreed that the city- would prove to you or your clients that dangerous, hazardous and or life threatening conditions existed at the property. (Essentially, you would have been asking us to give you a test trial on the very thing that .v-e were negotiating to avoid?) Please review your correspondences to me and my responses to °our .kugust 15, 2006, July 17, 2006, March 10, 2006, and February 21, 2006 letter. None of your correspondences support your claim that we discussed that and that the City of Renton agreed to establish for you or your clients that dangerous, hazardous and or life threatening conditions existed at the property. Please review the same letters concerning your statement that you requested written confirmation of the inspection reports. None of your correspondences contain a request for a "written confirmation" of inspection reports for the previous inspections. :1s a result, I will trust that if that is what you or your clients had requested it would have been noted in i our August 15, 2006, July 17, 2006,11-Iarch 10, 2006, February 21, 2006 or January 31, 2006 letters. .ks for what your client allegedly received after the inspections, please see the attachment to your July 17, 2006 letter as some evidence that they received some if not all of the inspection reports. Additionally, l etnailed you specific inspection reports that you requested on August 18, 2006. As for moving forward, the city is still interested in ensuring that the Dawson residence meets the code requirements and that the Dawsons and their neighbors have not been placed at peril be substandard work or materials. The City will send its inspectors to the Dawson residence at 559 Windsor Place NE, Renton, WA on an agreed date. The inspectors will conduct a full and thorough inspection of the residence. They will provide the Dawsons with written inspection reports in a timely manner. As for observers, the Dawsons are entitled to have whomever they chose present at the inspections as long as the observers do not interfere with, interrupt, hinder or delay the inspections or the inspectors. The first available dates for inspection are June 12th or 13th. Please let is know if your clients will make their home ready for inspection on one of those dates. Sincerely, G. Newsom It Senior Assistant City Attorney City of Renton file://C:1Documents and SettingslpbakerTocal SettingslTemplGW}00002.HTM 06/07/2007 Page 6 of 6 CONFIDENTIALITY STATEMENT • This message may contain information that is protected by the attorney -client privilege and/or work product privilege. If this message was sent to you in error, any use, disclosure or distribution of its contents is prohibited. If you receive this message in error, please contact me at the telephone number or e-mail address listed above and delete this message without printing, copying, or forwarding it. Thank you. From: Ralph Crear [maiIto: rcrear@cmc.net] Sent: Friday, June 01, 2007 4:58 PM To: GN2@seanet.com Subject: Fw: Mr. Newson, am forwarding this e-mail message as a follow up to our recent phone conversation. You did forward the attached e-mail message to me about ten (10) months ago. However, I did not receive an adequate response to the primary issue we discussed on or around the same time: THE LEGITIMACY OF YOUR CLIENTS CLAIM THAT DANGEROUS, HAZARDOUS, AND LIFE THREATENING CONDITIONS EXISTED IN THE DAWSONS' HOME PER THE RESULT OF INSPECTIONS_ In particular, I asked you to forward me written confirmation of your client's inspection reports (that were allegedly also provided to the Dawsons) evidencing the alleged dangerous, hazardous, and life threatening conditions that prompted your client to demand that the Dawsons vacate their premises. I have yet to receive that written documentation. Nevertheless, this is a moot point at this time. The Dawsons have asked me to request an inspection of their home by your client for the purpose of resolving all permitting matters. They wish to arrange for this inspection between ten (10) and fourteen (14) days from the date of this e-mail transmission. They are demanding that a qualified person or entity observe the inspections performed by your client and that they promptly receive written reports after the inspections. Please inform me of your response to this e-mail transmission at your earliest convenience as time is of the essence. Yours Very Truly, Ralph Crear ----- Original Message ---- From: GN2 To: 'Ralph Crear. Esq.' Sent: Friday, August 18, 2006 10:23 AM Mr. Crear, This is the City's response to your client's demands. G. Newsom 11 Senior Assistant City Attorney City of Renton 100 South Second Street P.O. Box 626 Renton, WA 98057 GN2(cDseanet.com (425) 255-8678 (Office) (425) 255-5474 (Facsimile) file://C:1Documents and SettingslpbakerTocal Settings\Temp\GW}00002.HTM 06/07/2007 Paul Baker - RE: 599 Windsor Place ----- Original Message ----- From: GN2 <mailto:GN2@seanet.com> To: 'Ralph Crear, Esq.' <mailto:rcrear@cmc.net> Sent: Friday, August 18, 2006 10:23 AM Mr. Crear, This is the City's response to your client's demands. G. Newsom II Senior Assistant City Attorney City of Renton 100 South Second Street P.O. Box 626 Renton, WA 98057 GN2@seanet.com (425) 255-8678 (Office) (425) 255-5474 (Facsimile) /"'Y o CITY ,-xF RENTON + ru + Office of the City Attorney Senior Assistant City Attorneys Mark Barber Zanetta L. F'ontes Assistant City Attorneys Ann S. Nielsen Carmon Newsom If Shawn E. Arthur Garmon Newsom 11 Renton City Attorney's Office 100 South Second Street P.Q. Box 626 Renton WA 98057 GN2 4seanec ccom (425) 255-8678 (telephone) Via E 1lf IL and First Class Mail August 18, 2006 Mr, Ralph E. Crear, Esq. Puget Sound Law Group 14928 5"' Avenue Northeast Shoreline, WA 98155-6910 RE: Dawson — 559 Windsor Place NE, Renton, WA Dear Mr. Crear: I spoke with you recently on August 7, 2006, and on August 10, 2006, on behalf of my client, the City of Renton. Between these two conversations I understood that you spore with your clients concerning our efforts to resolve this matter out of court. It appeared at the close of the August 10, 2006, conversation that we had reached a tentative agreement. Both parties agreed that Mr. Crear would memorialize the "agreement" or understanding of the parties. Your August 15, 2006, letter contains new terms that we never discussed. In those conversations between you and the City the parties appeared to agree that: 1. There is no provision in the 1997 Uniform Building Code 106.4.4 (Expiration) for tolling the permit period. The Dawsons have repeatedly sought a tolled period for their expired permits. The City, and me in particular, have been clear that we do not find any statutory basis for a tolled period and do not agree to create this legal fiction, However, for the purpose of reaching an agreement that would provide the City a quick opportunity to determine if the home is still a danger to its occupants and those who live nearby, and to avoid litigation, the City has agreed to give the Dawsons 50 days to correct any Post Office Box 626 - Renton, Washington 98057 - (425) 255-8678 / FAX (425) 255-5474 RENTON Mr_ Ralph Crear 8/ 18/2006 p. 2 The City's understanding of the agreement on this issue is that the Dawsons would have 50 days from the day that they receive a written notice/letter of defective, dangerous or code violating condition. 2. The City never agreed during either of our August 2006, conversations with Mr. Crear to extend any previous building permit 180 days for any purpose, since all of the permits have expired.' The parties did agree that the Building Department inspectors would be invited by the Dawsons, in the very near future, to go to their home and inspect it for any dangerous conditions, defects or conditions that are in violation of the Renton Municipal Code. The Dawsons would not be required to change items that were previously scheduled for replacement or updating as long no dangerous, defective or code -violating condition existed. The inspectors would provide on that day or shortly thereafter, a written notice of any dangerous, defective or code -violating condition that existed. At that time the 50-day period would begin, and the Dawsons would have that 50-day period to correct any noted dangerous, defective or code -violating condition. That 50-day period would not extend to other modifications or improvements that the Dawsons were seeking to make. The Dawson would need a new permit for any new projects or projects where no previous permit had been granted. After the 50-day period elapses, the inspectors would be permitted to return, with reasonable notice to the .Dawson, and Verify that no dangerous, defective or code -violation condition continues to exist. If, after the 50-day period and the follow-up inspection there are no dangerous, defective or code -related violations, the projects will be considered completed. The Dawsons, like any Renton residents, are welcome to apply for new permits. 3. The City never agreed during either of the August 2006 conversations with Mr. Crear to not require a "detailed building, structural, electrical, plumbing, etc. plans at any time in the future as part of permitting process..." In fact, we never discussed that subject. The Dawsons will need the aforementioned plans whenever the Building Department determines that it is necessary before granting a permit. There is no future exemption from required paperwork and plans due to this potential agreement for the existing conditions. ` (Building Permit B020468, Move waIIs in SFR, expired 7-22-2003; Building Permit B030226, Strengthen wooden deck, expired 12-2-2003; Building Permit B030275, Replace rear deck and install sheeting on front carport, expired 12-2-2003; Building Permit B040665, Front & cover rear deck, and interior walls, expired 12- 14-2005; Electrical Permit E020923, Upgrade existing circuit in SFR, expired 1-22-2003; Electrical Permit E041509, Replace one (1) panel and relocate one (1) existing in SFR, expired 6- I8-2005; Plumbing Permit P020250, Remodel three (3) bathrooms, two (2) kitchens, I fixtures, expired 12-21-2002; Plumbing Permit P030478, Install 16 fixtures and water piping, expired 6-16-2005). Mr. Ralph Crear 8/ 18/2006 p. 3 Regarding existing conditions related to the now -expired permits, the City agrees that if "detailed building, structural, electrical, plumbing, etc. plans" would not ordinarily be required, as the City's policies and practices currently exist, no "detailed building, structural, electrical, plumbing, etc. plans" will be required from the Dawsons related to any potentially dangerous, defective or code -violating condition that exist at this time. Therefore, the projects that had received permits without plans will not require them now. However, any projects that exceed the previously issued permits, ie. structural changes to a deck, or are new projects, would require a plan or blueprint. 4. The City understood that these discussions and negotiations were for the purpose of avoiding litigating this matter in court, and to ensure the safety of the occupants and their neighbors. If the Dawsons' intent is to have a trial, the City does not see why it should offer these concessions and enter into an agreement with the Dawson. They cannot have their cake and eat it too. Parenthetically, the City vehemently denies and takes exception to any allegation of tortious conduct on the part of the City or its representatives or employees. Further, the City denies that there are any damages that are the result of the City's actions or the actions of its representatives or employees. 5. The City never agreed that the written inspection must be provided immediately after the inspection. We discussed that inspectors mayprovide a written inspection/notice of dangerous, defective or code -violating conditions the day of the inspection or shortly thereafter. The City will not agree to Mr. Dawson's new conditions or terms. The City understood that you had been in contact with the Dawson and that after our last conversation you were to memorialize the terms of our tentative agreement. These new proposals appear to demonstrate a lacy of good faith on the part of the Dawsons. Hopefully, the Dawsons will recognize that the City is making this offer in the spirit'offairness and mutual compromise. Since)Nly, GNII:ma CC" Jay Covington Gregg .Zimmerman Neil Watts ewsom II ,ity Attorney EWLO P 1 1'" `�LFZVIOES CI7Y OF RENTON RECEIVED f Pain Baker` 7 77- 559 Windsor PI NE _. .. F Page 1 From: Paul Baker To: GN2@seanet.com Date: 08/17/2006 9:48:57 AM Subject: 559 Windsor PI NE Garmon The first attachment is a graph of all permits. It list the details and shows the request that were made for inspections. P040513 was not listed in the OTC because when the OTC was written 9-9-05 the permit was not expired. It did expire on 12-14-05. The second attachment is references in the 1997 Uniform Building code that I think you will need. Dawson Adence 559 Windsor P1 NE SR05-0628/C05-0692 Permit # Description of Work Inspection Record Comments Permit Expiration B020468 Move Walls in SFR* None Requested 07/22/03 B030226 Strengthen Wood Deck Inspection request 6/4/03 Inspection not approved, 12/02/03 Inspected 6/5/03 no reason listed B030275 Replace Rear deck and install Insp. Request 6/4/03 Inspection not approved, 12/02/03 sheeting on front carport Inspected 6/5/03 — Shear no reason listed. Wall/Nailing B040665 Front and cover rear deck and interior Insp. Request 12/20/04 Not Approved, no reason 12/04/05 walls Inspected 12/21/04 Framing listed Insp. Request 6/ 17/05 Not Approved, no reason Inspect. 6/17/05 Framing listed E020923 Upgrade existing circuit in SFR None Requested 01/22/03 E041506 Replace 1 panel and relocated 1 Insp. Requested 12/20/104 Not approved. Inspector 06/18/06 existing panel in SFR Inspected 12/20/04 wrote: "owner told to hire a licensed electrician and this pen -nit could be used for new contractor." P020250 Remodel/Fixtures: 3 bathrooms, 2 None requested. 12/21/02 kitchens, 11 miscellaneous fixtures P030478 Install 16 fixtures and water piping. Insp. Requested 12/19/03 Approved 12/19/03 06/16/04 Insp. Requested 12/19 Insp. Canceled by inspector, job was not read P040513 Install 19 fixtures Insp. Requested 12/20/04 Insp. 12/21/04, not 12/14/05 For rough in waste and vent approved. No reason listed Insp. Request 06/17/05 for Not approved, no reason rough in water listed * SFR Single Family Residence Pain Baker 1997 Ui lform Building Code, Page T 1997 Uniform Building Code 106.3.2 Submittal documents. Plans, specifications, engineering calculations, diagrams, soil investigation reports, special inspection and structural observation programs and other data shall constitute the submittal documents and shall be submitted in one or more sets with each application for a permit. When such plans are not prepared by an architect or engineer, the building official may require the applicant submitting such plans or other data to demonstrate that state law does not require that the plans be prepared by a licensed architect or engineer. The building official may require plans, computations and specifications to be prepared and designed by an engineer or architect licensed by the state to practice as such even if not required by state law. EXCEPTION; The building official may waive the submission of plans, calculations, construction inspection requirements and other data if it is found that the nature of the work applied for is such that reviewing of plans is not necessary to obtain compliance with this code. 106.4.4 Expiration. Every permit issued by the building official under the provisions of this code shall expire by limitation and become null and void if the building or work authorized by such permit is not commenced within 180 days from the date of such permit, or if the building or work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of 180 days. Before such work can be recommenced, a new permit shall be first obtained to do so, and the fee therefor shall be one half the amount required for a new permit for such work, provided no changes have been made or will be made in the original plans and specifications for such work, and provided further that such suspension or abandonment has not exceeded one year. In order to renew action on a permit after expiration, the permittee shall pay a new full permit fee. Any permittee holding an unexpired permit may apply for an extension of the time within which work may commence under that permit when the permittee is unable to commence work within the time required by this section for good and satisfactory reasons. The building official may extend the time for action by the permittee for a period not exceeding 180 days on written request by the permittee showing that circumstances beyond the control of the permittee have prevented action from being taken- No permit shall be extended more than once. SECTION 108 -INSPECTIONS 108.1 General- All construction or work for which a permit is required shall be subject to inspection by the building official and all such construction or work shall remain accessible and exposed for inspection purposes until approved by the building official. In addition, certain types of construction shall have continuous inspection, as specified in Section 1701.5. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this code orof other ordinances of the jurisdiction. Inspections presuming to give authority to violate or cancel the provisions of this code or of other ordinances of the jurisdiction shall not be valid. It shall be the duty of the permit applicant to cause the work to remain accessible and exposed for inspection purposes. Neither the building official ner the jurisdiction shall be liable for expense entailed in the removal or replacement of any material required to allow inspection. A survey of the lot may be required by the building official to verify that the structure is located in accordance with the approved plans. 108.3 Inspection Requests. It shall be the duty of the person doing the work authorized by a permit to notify the building official that such work is ready for inspection. The building official may require that every request for inspection be Flied at least one working day before such inspection is desired. Such request may be in writing or by telephone at the option of the building official. It shall be the duty of the person requesting any inspections required by this code to provide access to and means for inspection of such work. 108.4 Approval Required- Work shall not be done beyond the point indicated in each successive inspection without first obtaining the approval of the building official. The building official, upon notification, shall make the requested inspections and shall either indicate that portion of the construction is satisfactory as completed, or shall notify the permit holder or an agent of the permit holder wherein the same fails to comply with this code. Any portions that do not comply shall be corrected and such portion shall not be covered or concealed until authorized by the building official. There shall be a final inspection and approval of all buildings and structures when completed and ready for occupancy and use. M B'aker 1997 Uniform Building Codes �a,N...... �Pag".. . e2 1997 Uniform Code for the Abatement of Dangerous Buildings SECTION 302 - DANGEROUS BUILDING For the purpose of this code, any building or structure which has any or all of the conditions ordefects hereinafter described shall be deemed to be a dangerous building, provided that such conditions or defects exist to the extent that the life, health, property or safety of the public or its occupants are endangered. 13, Whenever any building or structure has been constructed, exists or is maintained in violation of any specific requirement or prohibition applicable to such building or structure provided by the building regulations of this jurisdiction, as specified in the Building Code or Housing Code, or of any law or ordinance of this state or jurisdiction relating to the condition, location or structure of buildings. IJU1 17 06 08:17a P. I PUGET SOUND LAW GROUP 14928 Fifth Avenue N.E. Shoreline, WA 95155 (425) 774-6016 F;tx (206) 365-5050 F,niail: rcrear0cmcxet Ralph E. Crear FAX TRANSMISSION COVER SHEET DATE: June 17, 2006 TO: Garmon Newsom YT Fax: 425,255.5474 FROM: Ralph Crear RE: Residential Permitting Procedures Christopher and Noraida Dawson 559 Windsor Place Northeast Renton, WA 98056 Please see the attached Letter dated July 17, 2006. 1 was unable to forward this letter to you on Friday July 14, 2006 as I indicated in a previous correspondence due to other obligations. Your urgent attention to this matter is appreciated. I look forward to your timely response. Yours Very Truly, Ralph Crear This transmission consists of pages, including this carer sheet_ If you e:ptrienct any di fiCultics in transMission, please contact our office at the number shown above. THE INFORMATION CONTAINED IN THIS FACSIMILt TRANSMSSION IS INTENDED ONLY FOR THE PERSONAL AND CONFIDENTIAL USE OF THE DESIGNATED RECIPIENT 14AMt:0 ABOVE. This transmission may be an attorney -client communication and/or attorney work product, and as such is privileged and confidential. If the receiver of this transmission is not the intended recipient or an agent responsible for delivering it to the intended reapreM you are her" notified that you have received this document In error, and that any review, dissemination, distribution or copying of this nvssaW is sOcUy proNbited. If you have received this communication in error, please notify us immCdiately by telephone (425) 774-6016, and rpWm the original message to us by mail. Thank you `Jul i7 06 08:17a P -C- PUGET SOUND LAwGROUP 14928 Fifth Avenue N.E. Shoreline, WA 98155 Phone: (425) 774-6016 E-mail: rcreai*cmc.net Ralph E. Crear July 17, 2006 Sent Via Fax / Regular Mail July 17, 2006 City of Renton City Attorney's Office Attn: Mr. Garmon Newsom lI Assistant City Attorney This firm has been retained by Mr. Christopher Dawson ("Mr. Dawson") Mr. Dawson and his wife, Mrs. Noraida Dawson ("Mrs. Dawson") are the owners of a home located at 559 Windsor Place N,r, in Renton, Washington. As homeowners, Mr. and Mrs. Dawson made a reasonable decision to improve the condition of their home. Its part of that decision, the Dawsons applied for and were granted permits by the City of Renton Planning/Building/Public Works Department ("building department"). On January 17, 2006, 1 received a fax from Ms. Ann Neilsen ("Ms. Neilsen") with your office. in the fax, Ms. Neilsen presented a proposal to resolve existing permitting issues between the Dawsons and the building department, These issues have prevented the Dawsons from completing various renovation work at their home. Over the past several months, my office has ,presented several responses and proposals to your office in an effort to resolve the existing permitting issues raised by Ms. Neilsen. However, these responses and proposals have only led to additional responses and proposals by your office. In my most recent letter to you dated March 10, 2006, 1 stated among other things: Mr, Dawson has informed me land it is my belief aflcr carchl research of the rafts surrounding iliis aviuetl Oat there were fifty-six days (56) remaining on the building permits he applied and paid for many ,nonths ago_ 13ascd on this fact, Mr_ Dawson is proposing that Lhc 56 day period be tolled toward any future building inspections with tltc lofting period begiwtiog on [tic date of (lie next building inspection_ Mfr. Dawson hws informed me he is more than willing to allow building inspections to begin on any future date so long as lie is provided with rc mauble notice. Also, assuming subsequent inspections of the Dawsons residence do not reveal arty electrical or plumbing i-wies that cradan er the life, health, property or safely or the public or the Dawwns [hcrnsclvcs, the JU1 It Ub Ukl: 1 la 1. . o July 17, 2006 Page 2 Dawsons do not wish to move forward with any electrical or plumbing work at their home in tioc near future. T11cy arc willing to pay all seasonable costs associated with applying for permils associated with such work if wW when they decide to move forward with mach work al their rcsidcnce in the future. In response, I received a letter from you dated April 12, 2006 staling in part: ...It is the City`s position drat all of the permils hnr m-piral. We have no records indicating that ally of the pernlits have been tolled... ....I'Itc Reason Development Services .Department will schedule an inspection of the Dawson's property. Specifically, the inspectors will follow-up and inspect any thing or any condition that tlic Dawsons previously obLnincd a permit to modify or cbanrrc... ... Nncrw irds, the inspectors will informs the Dawsons ifevelything Ls satisfactory. ireveryt]ting is satisfactory, this will be treated ,is dic final inspection. If there are items that d at need to be corrected, the Dawsons will either receive ;t written notice at the conclusion of the inspection or shortly lhcrca ter by mail. If titers are MINOR corrections... .... the City of Rcnton is willing io permit the D iwwns to >Lac their credited time to tttnlcc those Gorrccrions. ('Ilse City is proposing 15 days). '11tc �jN ns CANNOT use that credit for new modifiwtions or changes to tlae hoauc or property. Unk-is otberwisc: agwW for a Wilie problem. the Dawwris will Law 15 days to make any modifications or changes rogWred to brink; their horns into compliance with applicable codcs......A ter those corrections have been complete, the Dawsons must notify the Renton development 5crvi=. Department so that anticipated final inspection can be scheduled and conducted. The inspectors will verify 11tat each of tLc inodifacmions or corm.ctions wits prapccfy completed. If evcrythinr, is satisfactory, the inspectors will provide a written notice stating that ltic corrections or modifications are satisfactory under the applicable codes, If there are still deficiencies, the Dawson will be responsible for making those modifications or changes a(tcr obtairtiing new prnniu;, Any other changes or modifications as noted in your letter mast be iccompaniccl by a new requM fora permit. I have met with my client and discussed the content of your April 12, 2006 Iettcr at length. I am responding as follows: While 1 can cermintly Understand your position in assuming all the Dawsons' permits have expired, this is not my understanding of the facts in this matter. It is my understanding that once an individual applies for a City building permit, the applicant must complete all the work authorized under the permit within a 180 day period unless an extension is granted by the city or the City intervenes with the work performed by the applicant in such a manner that the applicant is unable to continue the work. It is also my understanding that should the City intervene in such a manner the applicant is automatically granted an additional 180 day period from the date the City intervened or, at a minimum, a tolling of the remaining period under the permit. Here, the Dawsons informed me that aninspection regarding a building permit they applied for (building permit #8040665) occurred on December 21, 2004 [See the attached computer print out from the City's website]. Based on the December 21, 2004 inspection date, the Dawsons were originally obligated to complete all work under permit tiE040665 by Tune 19, 2005. However, the City intervened and issued a stop work order on June 15, 2005 [See attached stop work order dated June 15, 2005.. to addition, the City conducted an inspection regarding permit PBO40665 on June 17, 2005. Based on these actions, permit 1E3040665 should have been automatically extended to December 12, 2005. In fact, a letter dated from the City to the Dawsons dated October It, 2005 clearly indicates that permit 9B040665 was July 1 r Vb ua: 1 ra July 17, 2006 Patc 3 scheduled to expire on December 14, 2005. Also, Mr. Dawson has indicated to me that a stop work order was issued by the City regarding; his residence on October 19, 2005, This intervention by the City, at a minimum, should toll the 190 day period permit period for those days between October 19, 2005 and December 12, 2005 (or December 14, 2005 according to the City's October i 1, 2005 letter). That means the Dawsons should have well over fifty (50) days remaining on permit #804065 once the October 19, 2005 stop work order is lifted. The Dawsons have already paid the City $424.50 for permit #B040665. Based on the facts and circumstances I have outlined in this letter, it is clear that the Dawsons should not be obligated to pay any additional fees to the City in an effort to obtain a new permit to perform the same work they were prevented to perform under permit 9BO40665 during the period between October 19, 2005 and December 12, 2005 (or December 14, 2005). But for the City's intervention with stop work orders, the Dawsons would have been able to timely complete the work they were granted to do under permit 9B040665. As I have informed your office in previous correspondences, the Dawsons are not at fault for the history of events that have led up to this point in time_ This history was clearly laid out to your office in recent correspondences. The Dawsons are distressed about these events and have incurred unnecessary expenses involving attorney (ees as well as other direct costs. If the City (in particular Mr. Paul Baker ("Mr. Baker")] had given the Dawsons credit for the June 17, 2005 inspection, the Dawsons would not have been forced to address the issues raised by the City regarding building permit 06040665 over the past several months including an attempt by the City to declare the Dawsons home unsafe to occupy. In conclusion, the Dawsons have directed me to inform your office of the following: They are willing to pay the City those costs associated with obtaining new electrical and plumbing permits for work the City previously authorized them to do under expired electrical and plumbing permits they obtained in the past. However, due to the significant impact this [and other) matters have recently had on their financial situation, they are not in a position to proceed with plumbing and electrical work at this time and are demanding that any electrical and plumbing work permitting; I inspection procedures be postponed as outlined in previous correspondences to your office. In addition, they are demanding that a fifty (50) plus day period be tolled to building; permit 9BO40665 once the October 19, 2005 stop work order is removed. Any inspection by the City regarding building permit 4B040665 should occur after approximately fifty (50) of the tolled days are complete with the understanding; that ['unlike what is indicated in my March 10, 2006 letter to you] once a subsequent inspection is performed by the City, an additional 180 day permitting period will begin at no cost to the Dawsons. Furthermore~ the Dawsons are demanding [as are probably standard operating procedures of the City] that all subsequent building, plumbing, and for electrical inspections be documented in writing; at the time such future inspections are performed with a copy being supplied to the Dawsoazs at the same time. If you have any questions, concerns or comments regarding the content of this correspondence, 'Jul '17 06 08: 17a P•Z) July 17, 2006 P,) c 4 please feel free to contact me at the address and/or phone number listed above at your earliest convenience. Very truly yours, Ralph Crear REC Cc: Clients, Mr. and Mrs. Dawson JU1 `1 I Ub Ua: lUa p. b Inspaclion Sec item Id Descriplion I Appr Req !term Action Add item i 55 LIFER Ground Observed I ND 0 0 Footirx�-----(No i 0 - 11 —� - Foundation I No 10 I 0 Irrscrt `56 I UndIv Rw I No 10 -_0 item 1 a ; IMuldti )n NO ' 0 p ,. 1 Display Updalea6le Items Only Print Entries far Ilem:12 - Framing JI Arbon Commdnts By I Date iq IIJ .__I]fli.- .... _-.- -_-- ~Ira ._._._.._06117i2005 ]0 Align, Eby. ma Daka 112121120041 Begin Tire: End Time; OR E lapsed T cna: Stark hfites: n.n End Mdcs D.t]0 OR Total Miloaga' 4II Vehicle Id.- w Violations Comment-- ; Sekct i Comment } E ntered Date : • !?,1:: Entered 6y: d 7i.OlElbi OIbe7 { Selcc! l.Iul�iple ("' 1 •Jul' 17 06 08: 22a P•a - CITYy. F RENTO P[a: m*Bm1dmgd'ubbc'Wb&Department lfBihp tCcolka-whcalar, Mayar Greg Zimmerman P.F, ,AdminWmtor Date 10-1 1-200S lxcation of Violation Owner(tax-paYcr) Issued To: Addr=: ORDER TO COACT Service Request No_ MOO-0629 Violation Jadex No. CO"692 559 WINDSOR PL NI; DAWSON CHMSTOPHER D+NORAIDA M CBRIb'TOPHER DAWSON 559 WINDSOR PL NE RENTON, WA 98056 Au wSpeczion of tuc above premises rcvcaicd vioialion(s) of the City of kcnlo-a code and ordmaaocs listed below. The City would appreciate voluntary compliance or cottcctivc action corWIctad by- 10l2MG05. Be ndviscd, bowcver, irvoldarary compliance is not achieved, a Civil fiction Citation WILL be isw4 and civil penalties assessed in the axnaur& voted, for each and every day or portion of a day in which the violation continues following the date and time set for correction- Fixsr &Fine days of VioMou: $100.00, perday. Second "Three Nays of Violation: S200.00, per day. Tbird Tbrcc Days of Violation $300.00, per day_ Each Additional Day of Violation: $500,00, per day. CODE SECTION C rED: DATE OF TTGATION= DESCRIPTION OF VIOLATION CORRECTIVE ACTION: Renton Municipal code4-"so 06f2LUODS EXPIRED BUILDING PERAUTS THE CT1Y OF RENTON NOTIFIED YOU BY LL7 M DATED DUNE 28y 2005 (COPY ENCLOSED) TO SUBMIT A FULL SET OF BUILDING AND SITE PLANS FOR REVIEW PRIOR TO CONTAVI{7ING CONSTRUCTION. THE DATE FOR SUBMITTAL WAS JUI.Y 28, 2005. TO DATE THE MY OF RENTON HAS NOT RECEIVED PANS FOR REYIXW. OBSERVATION OF YOUR PROPERTY 1NYMICATES YOU ARE CONTINUING CONSTRUCTION. YOU HAVE OBTAINED NUMEROUS PLRMrrS FOR YOUR BUILDING LISTF,U AS FOLLOWS! BUIY.DINC PERMIT 802M" E)CPMED 7-27-2003 TO. MOVE WA1. LS IN SFR BUILDING PERMIT 8030226, EXPIRED 12-2-2003 TO: STR NGTHEN WOODEN DECK BUILDINGPERMIT 8030275, EJ PULUD J 2-2~-2003 TO:. REPLACE REAR DECK AND INSTALL SHEETING ON FRONT CARPORT BUILDING PERMIT R040665, EXPIRES 12-14-2005 TO: FRONT & COVER REAR DEM AND INTERIOR WALLS ELECTRICAL PERMIT E020923, MIRED 1-22-2003 TO: UPCJL4DE F-)aSTING CIRCU1 T IN S R ELECTRICAL PERMIT E0415M9, E7M'D ON 6-18-2005 TO: REI'LA.CE I PANEL AND RELOCATE I EXLSTNG IN SI R PLUMU NG PUMUT P020250, EXP=D 12-21-2002 TO: REMODEL B3BATYI.fROOMS, z QTCHEN,11 IrLxTU'RES PLUMBING PERbUT P030478, EXPIRED 6-16-2005 TO` INSTALL I6 FEKTVRE AND WATER PM NG. THE ABOVE LISTED PERMYTS HAVE NOT HAVE ANY INSPECTIONS THAT HAVE UEEN APPROVED A" k7NALED. 1�` Af -r r) 1KT Garmon Newsom II Renton City Attorney's Office 100 South Second Street P.O. Box 626 Renton WA 98057 GN2 seanet.com (425) 255-8678 (telephone) E-MAIL, and First Class Mail April 12, 2006 Mr. Ralph E. Crear, Esq. Puget Sound Law Group 14928 5'h Avenue Northeast Shoreline, WA 98155-6910 RE: Dawson — 559 Windsor Place NE, Renton, WA Dear Mr. Crear: I apologize for the delay. I have spoken with several members of the City concerning the Dawson property at 559 Windsor Place NE, Renton, WA_ Generally, the City of Renton is willing to agree to the following: I . A discussion concerning any days of credit for any of the previously issued permits. It is the City's position that all of the permits have expired. None of the permits have been time tolled. However, the City will agree to a compromise concerning time, in the form of credited time, to assist the Dawson's in completing this process. 2. The Renton Development Services Department will schedule an inspection of the Dawson's property. Specifically, the inspectors will follow-up and inspect any thing or any condition that the Dawsons previously obtained a permit to modify or change at 559 Windsor Place NE. 1 Afterwards, the inspectors will inform the Dawsons if everything is satisfactory. If everything is satisfactory, this will be treated as the final inspection. If there are items that need to be corrected, the Dawsons will either receive a written notice at the conclusion of the inspection or shortly afterward by mail. 4. If there are any MINOR corrections that need to be made by the Dawsons, the City of Renton is willing to permit the Dawsons to use their credited time to make those corrections_ The Dawsons CANNOT use that credit for new modifications or changes to the home or property. 5. Unless otherwise agreed for a specific problem, the Dawsons will have 30 days to make any of the modifications or changes required to bring their home into compliance with the applicable codes. Thirty days should be more than enough for any minor problem to be resolved_ 5. After those corrections have been completed, the Dawsons must notify the Renton Development Services Department so that anticipated final inspection can be scheduled and conducted. 7. The inspectors will verify that each of the modifications or corrections was properly completed. Tf everything is satisfactory, the inspectors will provide a written notice stating that the corrections or modifications are satisfactory under the applicable codes. if there are still deficiencies, the Dawsons will be responsible for making those modifications or changes after obtaining new permits. Please understand that the City is accepting your proposal as clarified above because we would like to resolve this matter and ensure that the home is in compliance with the applicable Codes. We appreciate your patience and willingness to resolve this matter. Thank you again. E . u-r: a-�P PUGET SOUND LAW GROUP 14928 Fifth Avenue N.C. Shoreline, WA 98155 Phone: (425) 774-6016 E-mail: rcrcaral ilcmc.net 161ph E` Crear March 10, 2006 Sent Vise Fax / Regular Mail March 10, 2006 City of 1Zcnton City Attorney's Office Attn:.Mr. Garmon Newsom 11 Assistant City Attorney RE- Dawson Residence ✓lr Newsom, This firm has been retained by Mr, Christopher Dawson ("Mr. Dawson"). Mr. Dawson and his wife, Mrs. Noraida Dawson ("Mrs. Dawson") are the owners of a home located at 559 Windsor Place N.E. in Renton, Washington. As homeowners, Mr. and Mrs. Dawson made a reasonable decision to improve the condition of their home. As part of that decision, the Dawsons applied for and were granted permits by the City of Renton Plan ningli3uilding/Public Works Department ("building cicpartment"). On January 17, 2006, 1 received a fax from Ms. Ann Neilsen C'Ms. Neilsen") with your otFice. In the fax, Ms. Neilsen presented a proposal to resolve existing permitting issues between the Dawsons and the building depailment. These issues have prevented the Dawsons from completing various renovation work at their home. In the fax, Ms. Neilsen stated among other things "if your clients art, amenable to the proposal set out ahove. please notify me us suan as postiihle, in writing, so thdi we may discus~; and sel rxul a }vnrkahle tifne .vchedrrle... ...1'Mease direct all future correspondence regarding ihia• issue la (;arm art Ncwyom 11. . In response to Ms. Neilsen's fax, 1 forwarded a letter to your attention dated January 31, 2005 My January 31, 2005 letter contained a rcasonabic counterproposal that was developed after con{erring with my clients. In response to my January 31, 2005 letter, you forwarded a letter dated February 6, 2006 to my office. In the letter, you stated among; other things "The C-ity does not accept your .)i2nuary 31, 006 propo.val... " Your letter also contained a counter to my client's counterproposal. .6 34, 33p P. 3 Mirch 10. 2006 f,c 2 to a letter I forwarded to you on February 21, 2006, 1: stated the following: I havc discussed the contents of your February G, 2006 letter with my clients. Your latest proposal is not acceptable to them considering the history of c-vcnis ftit have ILA up to this point in time lthrough Ito lauh of their ownl. 'T'his hisloty was dearly hlid out to vour officc in recent correspondences, The Dawsons are distressed about these events and have incurred unneces-mry expenses involving attorney fees is �N-cll as other dircct cosh. Duc to these Tres and costs. the Dawsons are not currently in an ideal Gnanci;tl position to move forward in the near fivium with resolution of the out%onding pcntfilling issues tlry have ken miscd by the: City. Despitc thcsc significant obstacles, the Dawsons have informed that tl►cy will present a new proposal to nic by somctinic next week. t will forward that proposal io you as soon as f have been authorized by my cllcnts to do so, l recently spoke with Mr_ Dawson regarding; a "new proposal,- It is as follows, Mr. Dawson has informed me f and it is my belief after careful research of the facts surrounding this matter) that there were fifty-six days (56) remaining on the building permits he applied and paid for many Months Rased on this fact, Mr. Dawson is proposing that the 56 day period be tolled toward any future building inspections with the tolling period beginning on ilic date of the neat building inspection. Mr_ Dawson has informed me he is more than willing to allow building inspections to begirt on any future date so long; as he is provided with reasonable notice. Also, assuming subsequent inspections of the Dawsons residence do not reveal any electrical or plumbing issues that endanger the life, health, property or safety of the public or the Dawsons themselves, the Dawsons do not wish to move forward with any electrical or plumbing work at their home in the near future. They are willing to pay all reasonable costs associated with applying for permits associated with such work if anti when they decide move forward with such work at their residence in the future. Your continued cooperation regarding this matter is appreciated. I look forward to your response Very truly yours, Ralph Crear RGC Cc - Clients. Mr, and Mrs. Dawson Y i Kathy Keolker, Mayor Garman Newsom II Renton City Attorney's Office 100 South Second Street P_O. Box 626 Renton, WA 98057 GN2@seanet.com (425) 255-8678 (telephone) E MAIL AND FIRST CLASS MAIL Mr. Ralph E. Crear Esq. Puget Sound Law Group 14928 5 h Avenue Northeast Shoreline, WA 98155-6910 CI' Y E RENTON February 6, 2006 RE: Dawson — 559 Windsor Place NE, Renton WA Dear Mr_ Crear: Office of the City Attorney Lawrence J. Warren Senior Assistant City Attorneys Mark Barber Zanetta L. Fontes Assistant City Attorneys Ann S. Nielsen Garmon Newsom II Shawn E. Arthur The City does not accept your January 31, 2006, proposal on behalf of your clients. The proposal fails to address the City's concerns about the property, the work done or to be done on the property and the habitability of the structure. The permits that the Dawsons obtained to make improvements to their home expired between December 2002 and December 2005, At this point, due to the expired permits, the Dawsons are neither permitted to work themselves nor have work done on the property_ In order for your clients to come into compliance the following things must occur: i . The Dawsons must schedule and permit an inspection of their home; 2. City inspectors will report what must be fixed or remedied; 3. The Dawsons must obtain new permits if any work is required; 4. The Dawsons must then permit another, hopefully, final inspection; and 5. City inspectors will issue an approval letter or another list of items to be done. How and when your clients wish to accomplish the about can be discussed at your earliest convenience. Thank you for your attention to this matter. S G A Post Office Box 626 - Renton, Washington 98057 - (425) 255-8678 / FAX (425) 255-5474 ® This paperconiains 5Q',, reeyck-d material, 30 % post consumer RENTON AHEAD OF THE CURVE o� CITY F nENTON + ♦ Office of the City Attorney Kathy Keolker, Mayor Lawrence J. Warren Senior Assistant City Attorneys Marie Barber Zanetta L. Fontes Assistant City Attorneys Ann S. Nielsen Garmon Newsom I1 Shawn E. Arthur PIA FACSIMILE AND FIRST CLASS MAIL January 17, 2006 Mr. Ralph E. Crear Puget Sound Law Group 14928 5a' Ave. NE Shoreline, WA 98155-6910 RE: Dawson Property-559 Windsor Place NE Dear Mr. Crear: This correspondence is in response to your telephone conversations with the City Attorney, Larry Warren, and me regarding your clients, Christopher and Noraida Dawson, of 559 Windsor Pl. NE, Renton, WA. Additionally, I have also reviewed your last correspondence dated January 12, 2006, regarding this matter. To date, it appears that all the permits issued to your clients have expired. In fact, your January 12, 2006, letter lists out the specific permits with their past expiration date. Other than their expired status, there is no indication whether your clients have undertaken any of the particular indicated permit actions, or whether they have abandoned the efforts. Given the lack of response from your clients despite correspondence dating back to June of 2005, the City was left with little choice other than to inform your clients of the possibility of posting their premises as a Dangerous Building. It is not the City's desire to declare buildings to be dangerous or preclude owners from occupancy_ But, the City also has a duty to maintain public safety for all its citizens. However, I have since conferred with the City regarding your clients' situation and the City has indicated that its primary desire is to see your clients come into compliance with the City code. In an effort to finiher that aim, I am proposing that we attempt to reach a mutually acceptable process, which includes a timetable, for your clients to work with the City. The City has indicated that it is amenable to giving your clients a reasonable extension to renew the permits and submit to a re -inspection of the premises. Post Office Box 626 - Renton, Washington 98057 - (425) 255-8678 / FAX (425) 255-5474 This paper contains 50`i� recycled material, 30% post consumer RENTN AHEAD OF THE. CURVE Jars lc 06 12:17p p.1 PUGET SOUND UAW GROUP 14923 Fif li Avenue N.E. Shoreline, WA 98155 (42.5) 774-6016 Fax (206) 365-5050 E-mail: rcrear(q—,cmc.net Ralph F, Crear FAX TRANSMISSION COVER SHEET DATE: January 12, 2006 TO: Hearings Examiner Fax: 425.430.6523 FROM: Ralph Crear RE: Residential Permitting Procedures Christopher and Noraida Dawson 559 Windsor Place Northeast Renton, WA 98056 Please see the attached Letter dated January 12, 2006. Your urgent attention to this matter is appreciated. t look forward to hearing from you. Yours Very Truly, Ralph Crear This transmission consists of pages, including this cover sheet. If you experience any dfficutbes in transmission, please contact our office at the number shown above. THE INFORMATION CONTAINED IN THIS FACSIMILL TRANSMISSION Is INTENDED ONLY FOR THE PERSONAL AND CONFIDENTIAL USE OF THE DESIGkATED RECIPIENT NAMED Al3QVE. The& transmission may be an attorney -client communication and/or attomey work product, and as such is privileged and confOcIn iat. If the receiver of this transmission is not the intended recipier* or -in agent responsible For delivering it to the intended recipient, you are hereby notified that you have received this document in error, and that ,y review, dissemination, distribution or oupying of this message is stncdy proNbited. if you have received this commwiicataon In error, please notify us immediately by telephone (475) 774-W16, and retum tt)e original message to us by mail. 111ank you CITY I RENTON ""6R+ ru Kathy Keolker, Mayor January 12, 2006 Ralph Crear Puget Sound Law Group 14928 Fifth Avenue NE Shoreline, WA 98155 RE: Christopher and Noraida Dawson Dear Mr. Crear: This office has received a fax from you dated January 12, 2005. Hearing Examiner Fred J. Kaufman DEVELi)T-: PLANNING C I { Y ' ; �FNTOIkl JAN 1 2006 R ECTEP.�T From this letter this office cannot discern if you are attempting to file an appeal or just seeking clarification of some matters. Unless and until an appeal is filed with this office, we have no background or other information regarding the matters you speak about in your letter. This office is judicial in nature and cannot independently seek out information or explore the matter until an appeal is filed. You may appeal final decisions of City action in certain cases but you will have to determine if a final decision has been issued and where to file your appeal. If this office can provide any further assistance please feel free to write. Sincerely, ry Fred Kaufman Hearing Examiner City of Renton FK/nt cc: Kathy Keolker, Mayor Jay Covington, Chief Administrative Officer Paul Baker, Code Compliance inspector 055 South Grady Way - Renton, Washington 98055 - (425) 430-6515 MThis paperconlairts50°orecycledmalenal.30% Oostconsumer RENTON AHEAD OF THE CURVE Jan 12 06 12:17p p.2 PUGET SOUND LAW GROUP 14925 Fifth Avenue N.E. Shoreline, WA 98155 Phone: (425) 774-6016 E-niall; rcrearogcmc.net Ralph F- Crear January 12, 2006 RE; City of Renton Planning Department Unsafe to Occupy Order at Dawson',. Residence To Whom It May Concern: This rrrn has been retained by Mr. Christopher Dawson ("Mr Dawson") Mr_ Dawson and his wife, Mrs. Noraida Dawson ("Mrs_ Dawson"') are the owners of a home �cated at 559 Windsor Place N.E. in Menton, Washington. As homeowners, Mr_ and Mrs. Dawson made a reasonable decision to improve the condition of their home. Since that decision was made, the Dawsons have encountered various problems with the City of Renton Planning/Building/Public Works Department ("building department") that recently resulted in planning department declaring the Dawson's home as unsafe to occupy [See attached letter dated December & attachments from Mr, Paul Baker ("Mr, Baker") to Ivlr. Dawson. In an effort to bring; final resolution to this particular issue. I called your office on January 6, 2006 to arrange for a hearing regarding this matter. Your office was apparently not open and 1 left a detailed mess:.tge instead. During the morning of January 9, 2006, 1 received a phone call from someone with your office. The person l spoke with indicated that she did not know whether or not the issues pending in this matter should be directed to the hearing examiner's office or not. Instead she informed me that 1 should contact Paul Baker of you. Mr. Baker informed me several weeks ago during a phone conversation that 1 should direct any inquiries regarding this matter to Mr Paul Baker or the City attorney's office, If these factual assertions are in anyway incorrect, please contact me at the phone number and/or address listed above promptly to inform me of any errors_ Your cooperation in this matter is sincerely appreciated_ Jan ,12 06 12: 17p 10.3 l; nwiry 12, 2006 'itgc 2 Very truly yours, r Mr. Ralph Crear Attorney for Mr. and Mrs Dawson REC Ce. Client, Mr. and Mrs. Dawson IBC VSD DEC 0 jx NH BY: ,,� ' P[ iii uil+dyi�rk�gyi�R+a �rtyht rrk .U� rt��i�Mt- ; . t .ir,�r_• h ,11d�i'w. � i `sa�lfi� , ,c.-: • � • ..,>, , .'t 1 }Y : any 5�' ' 1. s' i'' �i': •'.}' : i.;�. 1- Ls. ft • i,. }Ir;'n,"r'� s,i; ' rs',;, `I is •, .j. ..f�',. .ice s. s1`' 11:'if. a'�- •n }<i 1 CF�•istt�p'�dr �labl• �'os� > I I -1 � ; WHOM Wiridaoc, h�.I `,5`cgra,A-980k f 8,U*cI fB6 iii:PCi �(hiilt5. ' >�e8i ir�•i}'wsbii . �;':� �•I', •ir.i"• •I: a A fvieW of.tlio'C ty rrf iZcuioii recor�� fir yoat p�opertj indidai k thI Vu hav'e'nflt;,:'_ tc br�'d d to thb'fstt 's 1 '' UcSklb r�ind4 ar(d tg ar §rrepIZZ-1 €or e,e,*1cw and apgrov�l ` a bt100 a�eii to thb J w 351 OD$ ft�r (co�iY gpl4s d) ' , 1�_ind3eated >ri ih9 SOpfCt11�7GC �, tijb5 6rder t 9t ect COS 4b42 (copy a b63 d) the,l t"zt`niFA'tnfior4 �R��k7�?�r alx�c�irectbt4# Bu�ld�tg{i`�: p'rfit a4i�3ct}{1 "lns3E4:5s �e`ip'G'J�uar I,43,' �d:�At.t4_et;hitria yauovi]}'nct Ire' periiuiIWI tod to ocsuOy ;f [ I' xisiAlAtte� t� fa €loan you of I�je Cily`s il4hiioq �5d pro V ide opgorluri>ty to cOm�iY or rr 4t, 0 }'.•e( lxvrdg:arr� pInc :ilyuuhevetutyyueslEaR3,,Youmaycoritebr"rttb�EA2S-43073Bb ,{ 5mr�ely � ' '1,'...,. _ I , 0107 ..W 1Tr rSA73 �. I Nil 'Y ?l•- ' f psi. _ :� '6!'.!� S ` '1 •: •t�i•A'•v.�:.•v:wiri,'I .'l�li}5iA'.- .. .l Y,'.� O` �._ � PI am,agMuddiog/Fublic 1�10-ks Dggat n=1 a %auYv'vAE, octWyar GreysZlmmermtopy",Advda'. v 3 11-21-2005 C] m N r+ DAWSON CHRISTOPHER D+NORAIDA M 559 WINSDOR PLNE REffM,1 WA 99035 Subject, PerrnitExpbation ►M40665 , 559 1VMSORPLN$ WcYk Description - FRONT dt COVERD REAR 1: EZK AND ,WTMOR WALLS U f Tenant - thx t8: ard� irjdicate Peraui Nurn :r B {�4a655 has ant had any inspWtons within the test t BO days. This pomait will expire on 12/1412005, Unless an inspection Is made, or Ns office receives a ivrittea request for an extension. if you simply need a final inspection, caii (425y430-7202 prlor to 4NM fin the wor)dng day before you wart the inspection and follow the iostn:ctions given in the recording. once yonz P=il expfres,itwiII be rseew ryto obtain a MWRerznit to complat a ty unftniehed work. A ttew pmmit wmald be subject to all cumeat codes, which could include Dm enviromentai or land use ravinvs. Adeleonally, tmflnisbod work that could caratituto a rice, Ma, or boalth safety bazord may be subject to civi 1 penalties. Yaiir prompt arltcndon to this ma(ba it requested. If you have any gves46ons please cast me a: {425}41d-7260. s;nG�tn I,srry Mecxlir� I W Sntif' rhdv wav - Re2tat WrAb m, 0055 : R E N T V nil s ..16 fC.ehy tCeeikc• FJM in9f5ur^1dinVPubli!c Wafks Degartrne�t m Cregg Zlmmcrmne P.E., Admires 3 11 21-2005 DANYSO t CHRISTOPHER1)+NOFAMA M 559 WDMDORPLNB RENWN WA 980% Suhjvl: P=it Expim ion • PUD513 559 WINDSOR PL NE 1A'o,k l3escription • PLMIETNO FOR SFR REMODEU 191a'DC Temt - Our records fndivate Permit N=bcr P040513 bay not had any iaspocti0ns Wit1dn th4 last 160 days. This permit will expire oa 1211 V2005, unless an inspect ion is mach, nr tiiia office motives awritten iequeat for an extension, if you simply need a final inspection, call (425)430-7242 prior M 4P.M on the working day before you want the inspection and fa[taw the fastructkws giycn in &c reeording. Once your permit cacpirea, it will be, ncccssaryto ah'Ain a new perruit io romplcte any ur,ftniabod work. A p v pwnit would bo saoject to all current codes, %Yhiah could include rew ouvirm mmital or land nse revievs. Additionally, uafrnished work teat could ,:*nstirate a fire, iifay er health safety hazard may be subject to civi l Ma]ties. Your prompt attention to this Metter is req=ted, Ffyrna have any questions please call Meat (425)430-7280. sinC��ly, .P 7,�kt�rg ��i�ai�&official Art Iv..,, , or„n W11KIno7AR 0035 RFNTDN M IV ro y`s` N 01/09/06 Paul: The HEX office called this morning to ask about an "Order to Vacate." They had a phone message from: Ralph — an attorney representing a client with an order to vacate. Phone number 425-774-6016. I called the number and Ralph (no last name and wouldn't give me one) wanted to know whom he needed to contact about stopping the order to correct and having a hearing with the HEX. He said he'd talked with Larry Warren about 3 weeks ago and with Ann Nielsen on Friday (1/6) and was drafting a letter to her. He asked me to advise him and I told him I �t ould not give him advice — he needed to talk with the parties involved, you or Ann. He said he had Larry Meckling's name and would call him. I advised Larry of the phone call. He said he could get a restraining order to stop the City. I didn't comment. I told him I'd returned the call as a courtesy only. Post -it' Fax Note 7671 Date Z19 01 pages/ To , Fret Y Y� 1, C rGZept. r '2 \ F1 Phone # Ph ne # � Fax #,, 3 , ��_ LA Fax # - 3� LL LAW OFMCES OF GARY Q. OLSGN A PROFESSIONAL CORPORATION 3900 East Valley Hwy., Suite 204 Tel (425) 251-9313 Renton, Washington 98055 Pax (425) 251-OW October 14, 2005 City of Renton Paul Baker, Code Compliance Inspector 1055 South Grady Way Renton, WA 98055 E: Order to Correct — Chris & Noraida Dawson - 559 Windsor Place NE, Renton, WA 98056 Violation Index No_ C05-0692 R Dear Mr. Baker: This letter is in regards to your recent Notice to Correct dated October 11, 2005 issued to Chris and Noraida Dawson who reside at 559 Windsor Place NE, Renton, WA 98056. I represent the Dawsons in a boundary dispute with their neighbor, Amy Knudson, who resides at 514 Bronson Place NE, Renton, WA 98055. The matter is in litigation under Superior Court Cause No. 04- 2-35790-OKNT, and has been since November of 2004. Unfortunately, this boundary litigation has been very expensive for the Dawsons and they have been forced to defend Ms. Knudson's claims, as well as pursue a third party claim against Mr. Melvin Tate, who sold the property to them. This litigation has and will continue to be very expensive until it is resolved, and the Dawsons simply cannot afford to incur the expenses that are necessary to complete the permit items that you have cited in your recent notice. It is our hope that this matter will be settled soon, but if it is not, it will proceed to Trial in May of 2006. The outcome of the boundary litigation may severely impact the setbacks and ability of the Dawsons to complete work on their home, so they have no choice but to defend the claims of their neighbor. For that reason, we would request that you suspend any enforcement actions and/or permit requirements against the Dawsons until the subject litigation is completed. If you need any further information regarding this matter you can contact me at 425-251-9313 or at the address set forth in this letterhead. Thank you for your consideration of this matter. October 14, 2005 Page 2 Very truly yours, Law Offices of Gary O. Olson, P. C ,,�ACD C/-(� Gary O. Olson cc_ Dawson Ift :3tR -Wheeler, Mayor December 2, 2005 Christopher Dawson 559 Windsor Pl. NE. Renton, WA. 98056 Subject: Building Permits Dear Mr. Dawson, CIT [ ' RENTON Plannin tlding/PublicWorks Department Gregg Zimmerman P.E., Administrator A review of the City of Renton records for your property indicates that you have not responded to the city's request to provide building and site plans for review and approval as stipulated in the June 28, 2005 letter (copy enclosed). As indicated in the September 9, 2005 Order to Correct C05-0692 {copy enclosed) the City of Renton declared your structure a "Dangerous Building". The City of Renton will post the structure "Unsafe to Occupy" on January 10, 2006. At that time you will not be permitted to occupy the structure as a dwelling. This letter is to inform you of the City's intention and provide opportunity to comply or make other living arrangements. If you have any questions, you may contact me at 425-430-7386. Sincerely Paul Baker Code Compliance Inspector Development Services Division 1055 South Grady Way - Renton, Washington 98055 This paper Wnf ains 50% rec:ycled material, NY% past consumer RENTON AHEAD OF THE CU,RVE- ,- CITY OF RE_ _'CAN PlatnnizzgJBuiiding/Public Works 1055 §outh Grady Z }pMENI SERVICE•. GlN QF REMTOt4 DEC 2 2100 PINED 9 This paper contains 50 % recycled paper, ashington 98055 7003 1010 0003 6071 8003 V r O �m Christ r Dawson 559 rPdWoI: N 9$on, A. k° h _ y CERTIFIED MAIL. 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