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HomeMy WebLinkAboutLUA-08-124 - Report 1y Denis Law, Mayor CITY 0 RENTON Department of Community and Economic Development Alex Pietsch, Administrator AMENDED COMPLAINT FOR UNFIT DWELLINGS BUILDINGS AND STRUCTURES RMC 1-3-5 AUGUST 21, 2008 HAND DELIVERED REGULAR AND CERTIFIED MAIL RECEIPT # 7006 2150 0000 0337 0606 POSTED ON. PROPERTY 08/21/08 MAILED TO: SUBJECT: SUBJECT'S COMMON ADDRESS: PROPERTY TAX PARCEL NUMBER: ROBIN D. MILLER 1814SE21STPL RENTON, WA 98055 SR08-0350 OTC C08-0183 16855 125t" AVE SE, RENTON, WA. 1432400135 LEGAL DESCRIPTION: LOT 27, BLOCK 1, CASCADE VISTA ACCORDING TO PLAT THEREOF RECORDED IN VOLUME 60 OF PLATS, PAGES 33 THROUGH 35, RECORDS OF KING COUNTY, WASHINGTON THE CITY OF RENTON HAS DETERMINED THE DWELLING, BUILDING AND STRUCTURE LOCATED ON KING COUNTY ASSESSOR'S TAX PARCEL NUMBER 1432400135 AND WHOSE COMMON ADDRESS IS 16855 125TH AVE SE, RENTON, WA, IS AN "UNFIT BUILDING" AS SET FORTH IN RENTON MUNICIPAL CODE SECTION (RMC) 1-3-5. UNFIT DWELLINGS IN THE CITY OF RENTON THAT ARE UNFIT FOR HUMAN HABITATION AND BUILDINGS AND STRUCTURES THAT ARE UNFIT FOR OTHER USES DUE TO DILAPIDATION, DISREPAIR, STRUCTURAL DEFECTS, DEFECTS INCREASING THE HAZARDS OF FIRE, ACCIDENTS OR OTHER CALAMITIES, INADEQUATE VENTILATION, INADEQUATE LIGHT OR SANITARY FACILITIES, INADEQUATE DRAINAGE, OVERCROWDING, OR DUE TO OTHER CONDITIONS THAT ARE INIMICAL TO THE HEALTH AND WELFARE OF THE RESIDENTS OF THE CITY OF RENTON. IT IS 1055 South Grady Way - Renton, Washington 98057 RENTON All T,AD 07 THI. :;i RV FURTHER THE PURPOSE OF THIS SECTION OF THE RENTON MUNICIPAL CODE TO PROVIDE A MEANS OF DEMOLISHING STRUCTURES HEAVILY DAMAGED BY FIRE, WEATHER, EARTH MOVEMENT OR OTHER CAUSES, WHICH HAVE BEEN ALLOWED TO SIT IN THE DAMAGED CONDITIONS WITHOUT REPAIR FOR AN EXTENDED PERIOD OF 'TIME AS SET FORTH IN THIS ORDINANCE. CITY OF RENTON BUILDING CODE COMPLIANCE INSPECTORS INSPECTED THE DWELLING, BUILDING AND STRUCTURE AT 16855 125TH AVE SE, RENTON WA. AND FOUND THIS DWELLING, BUILDING AND STRUCTURE IS UNFIT, SUBSTANDARD, BOARDED -UP AND UNFIT FOR USE AS A DWELLING, IN THAT IT LACKED THE 'COMPONENTS OF A LIVABLE DWELLING, AND THAT. IT IS UNFIT FOR USE AS A DWELLING, BUILDING OR STRUCTURE, IN THAT IT HAD THE FOLLOWING 'CONDITIONS. 1) NO SANITARY SERVICE 2) NO WATER SERVICE 3) NO ELECTRICAL SERVICE 4) SEVERE ROOF DAMAGE AND/OR DISREPAIR OR DILAPIDATION WITH OBVIOUS DRY ROT' THE CITY OF RENTON PROVIDED YOU A WRITTEN ORDER -TO CORRECT ON MARCH 18, 2008, ADVISING YOU THIS DWELLING, BUILDING AND STRUCTURE WAS -IN VIOLATION Off' RENTON MUNICIPAL CODE 1-3-5 AS DEFINED BY 1-3-4.11 C.22. THE COMPLIANCE DATE ON YOUR ORDER TO CC3IRECT WAS DULY 15, 2408. AFTER WAITI NG FOR YOU OR .YOUR REPRESENTATIVE: TO; CONTACT THE CITY OF RENTON OR FOR YOU TO CORRECT THE VIOLATIONS IN A MANNER APPROVED IN THE APPLICABLE CODES, YOU HAVE FAILED TO OBTAIN: PERMITS AND/OR TO CORRECT THE DESCRIBED VIOLATIONS. CORRECTIVE ACTION: THE UNFIT DWELLING, BUILDING AND STRUCTURE SHALL BE ABATED BY REPAIR, REHABILITATION, OR DEMOLITION AND REMOVAL. YOU OR YOUR LICENSED CONTRACTOR MUST OBTAIN PERMITS FROM THE CITY OF RENTON TO REPAIR THE VIOLATIONS THAT RENDER THE DWELLING_, BUILDING AND STRUCTURE AT 16855 125T" AVE SE, RENTON, WA, UNFIT. AFTER THE REPAIRS OR REHABILITATION HAVE BEEN COMPLETED, CONTACT THE CITY OF RENTON, TO ARRANGE FOR INSPECTIONS. DO NOT COVER ANY OF THE REPAIRS SO THAT THE BUILDING INSPECTORS MAY VIEW THE COMPLETED REPAIRS. IN THE EVENT THAT FURTHER CORRECTIONS ARE REQUIRED, THOSE CORRECTIONS MUST BE COMPLETED, INSPECTED ANb APPROVED PRIOR TO THE REPAIRED AREAS BEING COVERED, OR: 2 5. IN ADDITION TO ACTUAL ABATEMENT COSTS, THE FOLLOWING ADMINISTRATIVE FEES SHALL BE ASSESSED AND COLLECTED IN THE SAME MANNER: A. WHERE ABATEMENT IS ACCOMPLISHED PRIOR TO DIRECTOR HEARING.- $300.00; PROVIDED, THE BUILDING OFFICIAL MAY WAIVE THESE FEES IF ABATEMENT IS COMPLETE 48 HOURS PRIOR TO A DIRECTOR HEARING; B. WHERE ABATEMENT IS ACCOMPLISHED SUBSEQUENT TO OR LESS THAN 48 HOURS PRIOR TO A DIRECTOR HEARING: $1,500; C. WHERE ABATEMENT IS ACCOMPLISHED FOLLOWING BREACH OF AN AGREEMENT OR UNDERSTANDING BETWEEN A PROPERTY OWNER AND BUILDING OFFICIAL, DIRECTOR, OR HEARING EXAMINER: $3,000; D. WHERE THE ABATEMENT IS ACCOMPLISHED BY THE CITY FOLLOWING HEARING OR DEFAULT OF THE PROPERTY OWNER: $3,000. HEARING: AN APPEAL HEARING IN THE ABOVE MATTER HAS BEEN SCHEDULED WITH DEVELOPMENT SERVICES DIRECTOR, NEIL WATTS, FOR THURSDAY, SEPTEMBER 11, 2008, AT 1 P.M. THE HEARING WILL TAKE PLACE IN THE COUNCIL CHAMBERS ON THE SEVENTH FLOOR OF RENTON CITY HALL, LOCATED AT 1055 S GRADY WAY, RENTON, WA. ALL PARTIES IN INTEREST SHALL BE GIVEN THE RIGHT TO FILE AN ANSWER TO THIS COMPLAINT AND TO APPEAR IN PERSON OR OTHERWISE GIVE TESTIMONY AT THE TIME AND PLACE FIXED HEREINABOVE IN THIS COMPLAINT. ANY ANSWER TO THIS COMPLAINT SHOULD BE FILED WITH: NEIL WATTS, DEVELOPMENT SERVICES DIRECTOR, RENTON CITY HALL, 1055 S GRADY WAY, RENTON, WA 98057- 3232. TELEPHONE NUMBER 425-430-7218. .G BY: B ILDING OFFICIAL ~ LARRY A. MECKING 121 DATE TIME 5. IN ADDITION TO ACTUAL ABATEMENT COSTS, THE FOLLOWING. ADMINISTRATIVE FEES SHALL BE ASSESSED AND COLLECTED IN THE SAME MANNER: A. WHERE ABATEMENT IS ACCOMPLISHED PRIOR TO DIRECTOR HEARING: $300.00; PROVIDED, THE BUILDING OFFICIAL MAY WAIVE THESE FEES IF ABATEMENT IS COMPLETE 48 HOURS PRIOR TO A DIRECTOR HEARING; B: WHERE ABATEMENT IS ACCOMPLISHED SUBSEQUENT TO OR LESS THAN 48 HOURS PRIOR TO A DIRECTOR. HEARING: $1,500, C. WHERE ABATEMENT IS ACCOMPLISHED FOLLOWING BREACH -OF AN AGREEMENT OR UNDERSTANDING BETWEEN A PROPERTY OWNER AND BUILDING OFFICIAL, DIRECTOR, OR HEARING EXAMINER : $3,000; D.. WHERE THE ABATEMENT IS ACCOMPLISHED BY THE CITY FOLLOWING HEARING: OR DEFAULT OF THE PROPERTY OWNER: $3,000. HEARING: AN APPEAL. HEARING IN THE. ABOVE MATTER HAS BEEN .SCHEDULED WITH DEVELOPMENT SERVICES DIRECTOR, NEIL WATTS; 'FOR.THURSDAY, SEPTEMBER 11; 2008, AT 1 P..M:• THE HEARING WILL TAKE PLACE IN'THE COUNCIL CHAMBERS ON THE SEVENTH -FLOOR OF RENTON CITY HALL,'LOCATED AT 1055 S GRADY WAY, RENTON,.WA. ALL PARTIES IN INTEREST SHALL,BE'GIVEN THE RIGHT TO, FILE AN ANSWER TO THIS COMPLAINT AND TO APPEAR'IN PERSON OR OTHERWISE GIVE TESTIMONY AT THE TIME AND PLACE FIXED HEREINABOVE IN' THIS COMPLAINT. ANY ANSWER TO THIS COMPLAINT SHOULD BE FILED WITH: NEIL WATTS, DEVELOPMENT SERVICES DIRECTOR, RENTON CITY HALL, 1055 S GRADY WAY, RENTON, WA 98057- 3232. TELEPHONE NUMBER 425-430-7218. BY: ZILDING OFFICIAL L.ARRY A. MECKING 4 DATE TIME 4 A ' COPIES MAILED TO: KING COUNTY DEPARTMENT OF DEVELOPMENT AND ENVIRONMENTAL SERVICES ATTN: DIEDRE ANDRUS 900 OAKESDALE AVE SW RENTON, WA 98055-1219 CERTIFIED MAIL: RECEIPT #7006 2150 0000 0337 0651 DEPT. OF RECORDS AND ELECTIONS COUNTY AUDITOR CHERYLEA BROOM 516 THIRD AVE N ROOM-N-1033 SEATTLE, WA. 98101 CERTIFIED MAIL RECEIPT #7006 2150 0000 0337 0668 61 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, November 22, 2008. The full amount of the fee charged for said foregoing publication is the sum of $73.50., 3113 Linda M. Mills Legal Advertising Representative, Renton Reporter Subscr' ed and sworn to me this 24th day of November, 2008. tiff Katy Dals otary Publi for the State of Washington, Resldln&: ��`_ h\°N EXF+t� rr'"1, in Covingt n, Washington Qf; 00PRr P. O. Number: Y z o �= i ous 4` 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 Hatl, 1055 South Grady Way, Renton, Washington, on December 2, 2009 at 9 a.m. to consider the following petitions: Miller unfit Dwelling Appeal LUA08-124, AAD Location: 16855 125th Avenue SE. Appeal of adminstrative determination requiring properly owner to demolish the unfit building. Legal descriptions of the files noted 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 Hearing Examiner at 425-430-6515 Published in the Renton Reporter on November 22, 2008. #149573. AFFIDAVIT OF SERVICE BY MAILING STATE OF WASHINGTON SS. CoLmty of King Nancy Thompson being first duly sworn, upon oath, deposes and states: That on the 5"' day of February 2009, affiant deposited via the United States Mail a scaled envelope(s) containing a decision or recommendation with postage prepaid, addressed to the parties of record in the below entitled application or petition. Sib ature: tin SUBSCRIBED AND SWORN to before me this day oi' {� _. , 2009. —� N a wl•-, .z� Nota Public -in and for the State of Washi4gton Resid ng at therein. Application, Petition or Case No.: Miller Unfit Dwelling Appeal (re -issue) LUA 08-124, AAD The Decision or Recommendation contains a complete list of the Parties of Record. CITY OF RENTON COUNTY OF KING, STATE OF WASHINGTON CITY OF RENTON, Plaintiff, } ) vs. ) ) ROBIN MILLER, ) Defendant(s). } NO. SR08-0350 DECLARATION OF SERVICE Marilyn Kamcheff , hereby declares under penalty of perjury pursuant to the laws of the State of Washington as follows: I 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 February 17, 2009 , at I - J � f M I caused a copy of the following document(s): AMENDED HEARING EXAMINERS DECISION FOR MILLER UNFIT DWELLING APPEAL, to be served upon the defendant(s) via the method of service checked below for each recipient at the following address: Robin D. Miller, 1814 SE 21s� PL Renton WA 980M Posted at Violation Address-16855 125 Ave SE, Renton, WA 98055 ■ Complete items 1, 2, and 3. Also complete Rem 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the Lack of the mailpfece, or on the front If space permits. 1. Article Addressed to: ��1 y zy o s 2. Article Number (lYWMW from service lapel} PS Form 3811, August 2001 '".Sign L ff 113. by (Printed Name) © Agard -q Addressee Data of Delivery D. Is delivery address different from item V ❑ Yes If YES, enter delivery address below: ❑ No S. Seryce Type 113'Catifled Mail ❑ Ppriess Mel ❑ Registered eRetum Receipt for Memhandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 7008 1300 0000 4988 7827 Domestic Retum Receipt 102595-02-W 540 UNITED STATES POST f '. LEVNel �. • Sender: Please print your name, address, and ZIP+4.i—n'this box • Cps ort- 5 U 1-�'en�, X U.S. Postal Service, first class mail, postage prepaid and certified mail, with return receipt requested, postage prepaid, Item # 7008 1300 0000 4988 7827 U.S. Postal Service, first class mail. Personal service by leaving a copy with the defendant(s) or a person of suitable age and discretion at the above -referenced address. X Posted on Property: 16855 125th Ave SE Renton WA 98055 Other EXECUTED at Renton [city], Washington, this 17th day of Februa [month], 2009 [year]. [SIGN] J �x a�c=- D661arant 2 - ru cc Q+ postage $ T Certitied Fee d Q Return Receipt Fee Postmark Here Q (Endorsement Required) Restricted Delivery Fee Q (Endorsement Required) Q fTl Total Postage & Fees cJ3� i-i Bent To J� J Lj n --- Street, Apt_ NIg r 41 or PO Box No,, - r ------------------------------------ cly,, State, PS Form :11 August 2006 See Reverse for Instructions HEARING EXAMINER'S REPORT Denis Law, Mayor ary 17, 2009 Robin Miller 1814 SE 21St Place Renton, WA 98059 George Runne 16835 125`h Ave SE Renton, WA 98058 Stephen Perkins 17103 125`h Ave SE Renton, WA 98058 Patricia Schmidt 17309 125`h Ave SE Renton, WA 98058 Re: Miller unfit Dwelling Appeal LUA 08-124, AAD Parties of Record: Gary & Donna Palmer 17104 12S" Ave SE Renton, WA 98058 Hearing Examiner Fred J. Kaufman This office would like to take this opportunity clarify some matters that have come to its attention regarding the decision in this matter. In order to issue the actual decision in this matter as soon as practical, the decision was initially issued without the Minutes. The decision was, therefore, published on December 4, 2008. Once the Minutes were completed on December 11, 2008 the entire report was issued as a whole document. The Header information at the top left corner of the report reflected the date the consolidated Minutes and Decision were published - December 11, 2008. While the included DECISION showed the original date it was issued and mailed to the various parties. These two dates or "dual dates" have proven to be somewhat confusing. This office like many has recently moved to issuing reports in both written and electronic form, PDF documents. Some parties only get one form of report or the other_ Those who got the written version would have gotten two mailings, the original Decision and the subsequent consolidated report. For those receiving the mailed copies there might have been some confusion but they would have had the benefit of the initial decision appearing separately with correct dates. Unfortunately, Parties who rely on the electronic version would have only received the electronic PDF version with the potentially confusing double dates of December 4th and December 11th. This office has decided that it is best to reissue the report with today's date, to have any appeal run from today's date and fix some other issues including the manner and time for appeal which Code suggests supplements the normal appeal process. Section RMC 1-3-5G.3 provides that the owner may appeal to Superior Court of King County within 30 days. This language appears to supplement the ordinary appeal allowed to the City Council within 14 days of the decision. If this office can provide any additional assistance, please feel free to write. Sincerely, Fred J. Kaufman Hearing Examiner Cc: Garmon Newsom, 11, Chief Prosecuting Attorney Mark Barber, Sr. Assistant City Attorney Marilyn Kamcheff, Code Compliance Inspector 1055 South Grady Way - Renton, \Vashington 98057 - (425) 430-6515 6i) chi, oaCE - . _ . - _reed, "nalei ia, 30:�, n�M Amer RENTON r February 17, 2009 OFFICE OF THE HEARING EXAMINER CITY OF RENTON REPORT AND DECISION APPELLANT: Robin Miller 1814 SE 21" Place Renton, WA 98055 Garmon Newsom II Warren, Barber & Fontes City Attorney Menton, WA 98057 Representing: City of Renton Marilyn Kamcheff Code Compliance Inspector Renton, WA 98057 Miller Unfit Dwelling Appeal File No.: LUA 08-124, AAD 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 December 2, 2008 hearing. The legal record is recorded on CD. The hearing opened on Tuesday, December 2, 2008, at 9:04 a.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: Garmon Newsom 11, Assistant City Attorney Marilyn Kamcheff, Code Compliance Officer City of Renton Robin Miller, Appellant The following exhibits were entered into the record: Exhibit No. 1: Yellow file containing the original application, various reports, and letter of appeal. Exhibit No. 2: Lack of Due Process packet presented by Mr. Miller Exhibit No. 3: Amended Complaint Miller Unfit Dwelling Appea, File No.: LUA-08-124 AAD February 17, 2009 Page 2 Robin Miller presented a document titled "Lack of Due Process" and stated that it was the substance of his appeal. Attached to that was his copy of the Amended Complaint that preceded the first hearing. He was not questioning whether the building in question was in need of repair or attention, rather the procedures that have been taken in this matter. He is aware that the building is in need of attention, he has been working, as he is able on the property. The process that the City took in this case was not listed in the ordinances and specifically he believes the City violated the statute in issuing the Order on March 18. The Order was issued without any prior notice or hearing as required. The Order issued on the 18`s required that repairs to the building be completed by April 23 or the building would be demolished. That is not reasonably possible to achieve. It seemed that the City was solely seeking demolition of the building. He believed that the Order issued on March 18 should be invalid and considered void. These issues were brought forward in previous meetings with Code Compliance Officer, Marilyn Kamcheff. He put his questions in writing addressed to Marilyn, they discussed the issues and he asked that the City Attorney check to see if his information was correct. The City took jurisdiction of that property on the I" of March at the time of the annexation, within 18 days he was presented with an Order that mandated the building be completely renovated to Code or demolished within 30 days. On July 17, the City issued another Order without any prior notice or hearing, requiring the completion of repairs or demolition of the building within 30 day. State law requires a hearing before an Order can be issued. Next, the City conducted a search of the premises that he believed was invalid and in violation of the statute. It appeared that Mr. Watts was expecting him to pay nearly $3,000.00 for police services because the City wished to conduct a search of his property and acquired a search warrant to allow there access to the property_ The City did not ask Mr. Miller if he would open the building up to them for an inspection. He was not even notified that a search was taking place and he did not find out about it until he attended the hearing. The statute states that a search can only be conducted in a manner that causes the least possible inconvenience to the owner, it further requires that the request for a search warrant happen only after it has been determined that entry to the property would be denied or resisted. He was never notified about the search warrant. He continued with his statement of the chronological sequence of events leading to the hearing today. He never saw the original complaint, but did receive an amended complaint that was issued on August 21. At the hearing he was not aware of the issues, his copy of the complaint was missing page 3 and had two copies of page 4. Page 2 does state a corrective action that must be accomplished but does not give a date for the completion. Again an Order had been issued prior to a hearing, which violates the statute. This building exists today exactly as it did at the time of the annexation in March. The Renton code talks about authorized non -conforming structures. The Examiner stated that this residential property is located in a residential zone, therefore it is a conforming structure. It would be permitted if it were in a fit condition, it is a single-family home in a residential area. Mr. Miller stated that he was referring to the order to demolish the building. He is attempting to restore the home, but questions what "appropriate time" means. When does Renton's jurisdiction in respect to the code Miller Unfit Dwelling Appeal File No.: LUA-08-124 AAD February 17, 2009 Page 3 begin. He believed it began on the first day of March and not before. What may or may not have been the case last year or five years ago seemed to be not relevant with respect to Renton code as it applies. There was some discussion on the condition of "unfit", the Examiner stated that he had seen the pictures in the file and the house was clearly unfit for habitation. Whether the building was abandoned or not, it must be in a safe and secure condition before it can be considered a non -conforming use that may continue. Mr. Miller stated that the building is fairly secure from entry. He further had taken steps to shore up the interior, he felt fairly safe in stating that the building would not fall down. He would not be inside working on it if he felt that it was unsafe. Discussion continued as to the unsafe and unfit condition of this property. Mr. Miller stated that the code clearly says 2 years. He continued to state that this building has been unsafe since March 1, when the City of Renton annexed the property. The Examiner stated that this building has been unsafe under King County ruling prior to that. Did King County try abating this property in the past? Mr. Miller stated that they had not, they never determined it was unsafe. He secured the building because the building was vacant and they were doing repairs. He has owned the building for approximately 10-15 years. There were renters in the house and one really bad renter and that is when King County code enforcement first took action on the place. He received a letter stating that he needed to clean up the garbage, the tenants «ere storing garbage all over the property. The Examiner asked how soon he could get the building in physical shape, if he were able to do that? Mr. Miller stated that it was the definition of physical shape that needs to be defined. A building that could be rented, owned or lived in by someone would take a major job. The Examiner again asked how long it would take to make it safe and habitable, or how long it would take to demolish the existing building and rebuild a new home? Mr. Miller stated that in his situation, meaning not having the financial or physical ability, he did not know how long it would take. He guessed it would take the better part of a year for a contractor to do the work that needs to be done. In the Findings of the minutes (page 7 of 11) Item 5, it states that Mr. Watts found the house to be abandoned and in the state of near collapse, that is apparently what neighbors have indicated, however, the house was not abandoned. He further discussed the Conclusions from the minutes again stating the issue of the variety of statements referring to the house being abandoned vs. vacant. He also took issue with the fact that the owner must pay search warrant fees in the amount of$2,700.00, which he felt was needlessly done. He understood the issues with the neighbors, it is unsightly. It is his intention to remedy the property. A trailer that was stored on site has been removed. He would urge the City to step back and see if there is a way to negotiate an arrangement to rehabilitate the house rather than destroy it and in doing so require him to start over at the beginning. Upon questioning by Garmon Newsom, Mr. Miller stated that he has owned the house for 10-15 years but could not recall the year of purchase. He guessed that it was sometime in the early 1980's. He never lived in the home, he rented the home in the late 1980's to the early 1990's. No one has lived in the home since the last renter. Miller Unfit Dwelling Appca, Pile No.: LUA-08-124 AAD February 17, 2009 Page 4 King County first contacted him by letter regarding the condition of the home in 2006, they contacted him because there was an automobile that had been abandoned in the back yard and there were complaints about the garbage on the property. King County did not give a time frame, only stated that the automobile had to be removed and he took care to have the car and garbage removed. An Order to Correct was sent to him by the City of Renton on or about March 18, he made no corrections at that time. On May 8, Marilyn Kamcheff sent a letter concerning the Order to Correct and requested him to correct certain conditions. Another letter was sent on May 20, 2008 that summarized the meeting and the unfit condition that needed to be resolved. Mr. Miller stated that he was at the hearing where the Director issued the Final Order or what would be the appeal in this matter dated September 18, 2008. He did have notice of this hearing. He did have an opportunity to appear on September 11 and present his facts and important criteria. He further stated that he has not contacted a contractor about fixing the home. At one point he received notice from the City that the door was open and he had to go close it and secure it again. It was evident that the door had been forced open. He may have extended an offer to let the City of Renton come on the property and inspect it, he did not recall. At the time the search warrant was executed, he was not present at the home, he did not know when the search warrant was executed. At no time was any inquiry made of Mr. Miller regarding the search warrant. A 10-minute break was taken: Hearing Resumed at 10:30 am. Mr. Newsom stated that he would not be calling any City witnesses. The Examiner stated that there were members of the public present wishing to testify. The fact is that this is an appeal between Mr. Miller, who has objected to the way the City has enforced the code against his property and the City defending that position. The state of the property as now evidenced by those witnesses is not necessarily relevant. This is an appeal based on a record already established by the City. The public does want to testify, but their testimony will not be persuasive or used in the way this process is going forward. The public does have the right to be heard at a public hearing, they may do so, please keep comments very limited. What is said most likely will not be used in this proceeding, the rules are structured so that Mr. Miller has challenged a decision already made by the Director and no new evidence is allowed to affect the Examiner's decision. Stephen Perkins, 17103 125 t Avenue SE, Renton, 98058 stated that he has lived in his house since 1979. The property in question has been vacant for approximately 15 years. There have only been attempts to take care of the property, the tarps on the roof are replaced once a year, the lawn gets mowed approximately twice a year. They are concerned what this property is doing to the value of their own personal property. He has seen a large tree in the backyard that went down in the storm last year and it still remains in the backyard. Kids are playing in the yard, the number of rats in the neighborhood have increased making health issues a very strong problem. Offers have been made to purchase the property, they have knocked on the door, left notes on the door with no response regarding the purchase of the property. Gary Palmer, 17104 125 h Ave SE, Renton, 98058 stated that he wanted to verify the previous speaker and note that the condition of this property only detracts from the other property owners in the neighborhood. George Runne, 16835 125'" Ave SE, Renton, 98058 stated that he is currently studying to become a licensed architect and has worked in construction for many years. With his knowledge of building, the repairs that are being done starting on the inside is basically a waster of time. The tarp on the roof has worn away and the roof currently leaks. To repair a house in this condition, it is necessary to begin with structural walls and exterior and repair the roof prior to working on the inside. It is his opinion that it would be more costly to repair than it Miller Unfit Dwelling Appeal File No.: LUA-08-124 AAD February 17, 2009 Page 5 would be to tear it down to the foundation and begin again. It would also be faster to start new than try to remodel a structure in that condition. In his experience it would take b months to build a new house. The house could be demolished in two days Mr_ Newsom final statement: This matter is based on prior record, the testimony of the various witnesses was offered simply as rebuttal of Mr. Miller's allegations today. The discussion about the Order, the search warrant and the Amended Complaint were out of the scope of today's hearing. First, abandon does not seem to be the critical issue, abandon goes to show the lack of care being shown by Mr. Miller for that property. That is the problem the community has with the property. If the property was vacant but well maintained, the neighbors would most likely prefer someone living in the home, but they would be less concerned about the health and safety risk if that home was properly maintained. Concerning jurisdiction, the ability to consider the evidence and if the evidence is long standing evidence the jurisdiction does not limit the Examiner's ability or the Director's ability to consider that information. It holds true in criminal, in regular civil matters and in administrative matter that if party, the appellant, is making an argument that a condition is not as described, evidence of that fact is always significant and important for the person considering the evidence. The fact that Mr. Miller had been receiving orders to correct prior to the date of the hearing demonstrate and show the extreme condition and period of neglect for this building. Mr. Newsom went on to explain the significance of Chapter 35, Declaration of Purpose. Under the discussion of the Complaint, this section explains how service is to be made and that it is proper to post on a property if the owner cannot be located. Further discussion covers the estimate of the cost of repair bears on the value of the building structure. Section F discusses the required hearing and that appears to be where the due process comes into play. The fact that Mr. Miller received the notice of hearing and that he appeared at the hearing, that he was heard at the hearing, and that he had an opportunity to address his issues as best he understood them at the hearing. After that there was consideration of the facts, evidence and the law by the Director and then the Director made a ruling. This condition has existed for many years, not just since March of this year. If Mr. Miller had simply made a statement to the Director if he was concerned about notice or issues of timing of notices and that he needed a continuance because he was unprepared, that would have been considered and most likely granted by the Director. There is a claim that the search warrant violated his due process rights under the claim that it was inconvenient. This appears to be a misinterpretation of what convenience is supposed to be. If he happened to reside at that location and the officers happened to go in at an inconvenient hour or day and were not sensitive to certain circumstances, there might be a basis to say that was inconvenient when they executed the search warrant. In this case, Mr. Miller does not reside at the location at the time of the search warrant, he was not inconvenienced, he was not inconvenienced by the specific time of the search warrant. The fee charged for the search warrant is not included as an inconvenience by any statute. In General Costs section of the code it does state that actual costs and expenses will be assessed, including the cost of repairs, alterations, improvements, vacating and closing, removal and demolition. Actual cost shalt include the cost of staff time including overhead contracting, engineer fees and as well as other fees. This is broad enough to encompass the staff hours, not necessarily the search warrant, but the hours that staff spent in preparing the search warrant and to go in and confirm what they believe the situation to be. Communication with Mr. Miller over the search warrant is not required and based on the record, there were communications with no action being taken. Miller Unfit Dwelling Appeal File No.: LUA-08-124 AAD February 17, 2009 Page G It appears that the bulk of concerns about the amended complaint are that there was no page three in Mr. Miller's copy and that there were two page four's with different dates. The intent was not to deprive Mr. Miller of the infonnation on page three. Page three specifically talks about obtaining a demolition permit and continues the discussion on corrective action from the bottom of page two. Corrective action dates were provided on page two a couple paragraphs from the bottom. The compliance date on the Order to Correct was July 15, 2008 as shown on page two. Page three with the exception of one paragraph, discusses the fees and costs to be paid by the property owner, this is the same information that is generally available to the public on line or at the City Clerk's office. It was not the intent to hold information from Mr. Miller and the City did apologize to Mr. Miller and the Examiner. He did not believe this error to be on great magnitude. He did receive the correct dates and time of hearing. We are left with the property in question, and the Director has had a hearing with Mr. Miller present and Mr. Miller has had an opportunity to share his concerns, complaints, deficiencies in the process and it appears that these complaints were not offered at that time. He did not believe that the Director had heard any good cause for any of the allegations asserted by Mr. Miller. The Examiner is to address any errors that may have occurred during the prior proceeding, not to simply allow the appellant or any other person a second opportunity to introduce evidence, to try again, or to try to persuade someone else. An appeal is an appeal, not a second trial. The Examiner is further directed that the Director's determination should be accorded substantial weight. Based on the presentation today, there have been no substantive errors noted by Mr. Miller of the Director's ruling. The Examiner stated that the issues are fairly odd, Mr. Miller claims he did not receive the official copy containing page three and received two page four's each with a different date. The official Order was apparently dated 8/21/2008 and Mr. Meckling did sign. Mr. Miller did attend the hearing but did not realize the amended complaint was wrong until restudying the file. There were some errors in issuing this document to him and they were discovered after the fact. Mr. Miller Response: He did in fact, raise issues about due process, the statutes and codes, he did make issue of those issues at the hearing. Information was not available to him at the hearing, it was only after the hearing that he became aware of the issue of the search warrant as well as the Amended Complaint. It seems that would be cause for allowing the introduction of that additional evidence. The City Attorney suggests that because nothing was done in response to Orders provided to him prior to the hearings that that indicates he is unwilling to be cooperative with the City. That is not the case. The Orders are defective, when read they are mandates, they are in fact orders to comply. He was left with no choice but to do noticing, should the City decide to destroy his property. The City Attorney suggested that he had an opportunity to request a continuance if he felt he needed more time to prepare for the Director's hearing. He did request a continuance and it was denied. There was information that he learned at the hearing for the first time. The City Attorney made the statement that the City is not required to notify Mr. Miller regarding to applying for a search warrant. He further was concerned about the "unfit building" definition that exists in the Renton Code. It appears to be a circular argument, to say that the code is not applicable because this is an unfit building, but in order to say it is an unfit building the code determines what makes an unfit building. Miller Unfit Dwelling Appeal File No.: LUA-08-124 AAD February 17, 2009 Page 7 Mr. Miller had no quarrel with the condition of the building, it is vacant, it has not been in this condition for that long. He understands that it must be taken care of, that is his intent. He would like to have a confinnation as to what is an unfit building as defined in the code. Mr. Newsom read the code section defining unfit or abandoned. The Examiner questioned the fact that this building is nothing but unfit. It is defined as a single-family residence, but it is not fit in its current state. Mr. Miller noted that there was a mention of 90 days in the code provision and those 90 days began with the Annexation of this property to the City of Renton. The Examiner stated that this building has been unfit or in a state of disrepair for probably 10 years or more. No attempt has been trade prior to this to bring it up to a standard that would be habitable. He noted for the record that he would consider the Director's Decision and Mr. Miller's arguments about due process in making his decision. 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 11:24 a.m. FINDINGS CONCLUSIONS & RECOMMENDATION FINDINGS: The appellant, Robin D. Miller, filed an appeal of decision finding a residence an unfit building and ordering that it be demolished. The appeal was filed in a timely manner. The appellant owns property located at 16855 125th Avenue SE in Renton, Washington. The property is a single family home. 4. The home is located in the City of Renton. The property was annexed to the City in March 2008. Prior to annexation the property was under the jurisdiction of King County. The appellant was unable to provide evidence when he purchased the property. The appellant has owned the property for a considerable period of 15 years more or less according to the record. 6. The appellant has agreed that the home is in a state of serious disrepair. The appellant has indicated he can understand neighbors' angst and anger over the home's state. 7. The main or actual only thrust of the appellant's appeal arguments are due process or procedural arguments. The appellant argues the his due process rights were adversely affected by the issuance of an Order without a prior hearing based on state statute and were also affected by the application of City ordinances to his property too soon after the annexation. He also argues that the search warrant was obtained improperly since access was not denied. The appellant alleges that he objected to these issucs in the forum where the Director held a public hearing. The appellant did not cite evidence nor provide any pointers to those objections. Miller Unfit Dwelling Appear File No.: LUA-08-124 AAD February 17, 2009 Page 8 8. Section 1.3.4 provides the definitions of "unfit or abandoned structure": "(22) Unfit or Abandoned Structure: Any structure, which has been damaged by fire, weather, earth movement, or other causes, and which is not fit for occupancy, and has been abandoned or unoccupied by lawful tenants for a period of 90 days; or where the cost of repair exceeds the value of the structure once repaired; or such a damaged structure whose owner shows no intention of completing or making substantial progress on completing such repairs within 90 days. Included within this definition shall be any dwellings which are unfit for human habitation, and buildings, structures, and premises or portions thereof which are unfit for other uses due to dilapidation, disrepair, structural defects, defects increasing the hazards of fire, accidents, or other calamities, inadequate ventilation and uncleanliness, inadequate light or sanitary facilities, inadequate drainage, overcrowding, or due to other conditions which are inimical to the health and welfare of the residents of the City of Renton. (Ord. 5221, 9-11-2006)" 9. The appellant also alleged that he was entitled to restore this structure under the terms of the City's "non -conforming structures" provision. Those provisions apply when a structure is non -conforming as to zone or use and also when the structure was not vacant for 2 or more years and/or when the structure was damaged by fire or act of God. Neither of those exceptions applies in this case. The record does not show fire or act of God but that the building was left to deteriorate over a period of years. The record below also established the costs of repair as exceeding the statutory values. 10. The appellant alleges errors in the notification he received. He alleges that an "Amended Complaint for Unfit Dwellings, Buildings and Structures" dated August 21, 2008 that he received was missing Page 3 and had two copies of Page 4 and that those two copies of Page 4 were different from each other. The document he presented showed the two Page 4's differing in the signing date and time. One showed a date of "8/21/08" while the other showed "8/13/08." Mr. Meckling's name was also misspelled in the signature block but was signed by Mr. Meckling. The document did provide notice of the hearing time, date and location. The appellant testified that he did not notice these irregularities until he was preparing for this appeal hearing. The appellant also noted that the minutes of the Director's Decision omitted his name as an attendee of the hearing. Those minutes show his actual attendance in the body of the minutes where he was an active participant and presented evidence in his behalf 11. The "non -conforming provisions of Renton's code are provided for reference: 4-10-050 NONCONFORMING STRUCTURES: A NONCONFORMING STRUCTURES - GENERAL: Any legally established building or structure may remain, although such structure does not conform with the provisions of the Renton Municipal Code, provided the following conditions are met: 1. Not Vacant or Left Abandoned: The nonconforming buildings or structures do not have historic significance, and have not been vacant for two (2) or more years, or have not been abandoned. 2. Unsafe Structures: The structure is kept in a safe and secure condition. Miller Unfit Dwelling Appeal File No.: LUA-08-124 AAD February 17, 2009 Page 9 3. Alterations: A legal nonconforming structure shall not be altered beyond the limitations specified below: a. Structures with Rebuild Approval Permits: Alteration work exceeding an aggregate cost of one hundred percent (100%) of the value of the building or structure shall be allowed if: (1) the building or structure is made conforming by the alterations; or (2) the alterations were imposed as a condition of granting a rebuild approval permit; or (3) alterations are necessary to restore to a safe condition any portion of a building or structure declared unsafe by a proper authority. Alterations shall not result in or increase any nonconforming conditions unless they were specifically imposed as a condition of granting a rebuild approval permit, pursuant to RMC 4-9-120. b. Other Legal Nonconforming Structures: The cost of the alterations shall not exceed an aggregate cost of fifty percent (50%) of the value of the building or structure, based upon its most recent assessment or appraisal, unless the amount over fifty percent (50%) is used to make the building or structure more conforming, or is used to restore to a safe condition any portion of a building or structure declared unsafe by a proper authority. Alterations shall not result in or increase any nonconforming condition. Restoration: Nothing in this Chapter shall prevent the reconstruction, repairing, rebuilding and continued use of any nonconforming building or structure to its same size, location, and height when damaged by fire, explosion, or act of God, subsequent to the date of these regulations and subject to the following conditions: a. Legal Nonconforming Structures with Rebuild Approval Permits: Restoration or reconstruction work exceeding one hundred percent (100%) of the latest appraised value of the building or structure closest to the time such damage occurred shall be allowed if it is: (1) a condition of granting the rebuild approval permit pursuant to RMC 4-9-120; and/or (2) necessary to allow the structure to be rebuilt to its condition prior to the damage considering construction costs; and/or (3) required to strengthen or restore to a safe condition any portion of a building or structure declared unsafe by a proper authority; and/or (4) necessary to conform to the regulations and uses specified in this Title. b. Other Legal Nonconforming Structures: The work shall not exceed fifty percent (50%) of the latest assessed or appraised value of the building or structure at the time such damage occurred, unless required to strengthen or restore to a safe condition any portion of a building or structure declared unsafe by a proper authority otherwise any restoration or reconstruction shall conform to the regulations and uses specified in this Title. c. Single Family Dwellings: Any legally established single family dwelling damaged by fire or an act of God may be rebuilt to its same size, location, and height on the same site, subject to all relevant fire and life safety codes, Restoration improvements shall continence within two years of the damage, and shall continue in conformance with approved building or construction Miller Unfit Dwelling App,.0 File No.: LUA-08-124 AAD February 17, 2009 Page 10 permits, otherwise the structure shall lose its restoration authorization and status. 12. RCW 35.80,030 states: "Permissible ordinances -- Appeal, (1) Whenever the local governing body of a municipality finds that one or more conditions of the character described in RCW 35.80.010 exist within its territorial limits, that governing body may adopt ordinances relating to such dwellings, buildings, structures, or premises. Such ordinances may provide (emphasis supplied) for the following." 13. While members of the public were permitted to speak at this hearing, their testimony was not used in reaching this decision, as it was a closed record hearing. CONCLUSIONS: 1. 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 appellant has 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. 2d 255, 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 very badly deteriorated. The roof and floor have holes in them. Supporting members are rotting and interior walls are also rotting. Old pipes and wiring are exposed and the building presents a hazard to those who would enter it. This building has been in this state for much longer than 90 days. The building is "unfit" by definition and that is what the Director found. That definition does not lend itself to semantic questions of which jurisdiction the residence was in or is in, county or city. It clearly has been in a serious state of disrepair for longer than 90 days. The photographs and descriptions show a building that could not have reached this level of deterioration in a short period of time. The appellant guestimated it has been without inhabitants for more than 10 years. 5. The appellant argues that he was denied due process since an order issued prior to a hearing in contravention of RCW 35.80. The language of the state statute is permissive and not mandatory. TV ) Whenever the local governing body of a municipality finds that one or more conditions of the character described in RCW 35.80.010 exist within its territorial limits, that governing body may adopt ordinances relating to such dwellings, buildings, structures, or premises. Such ordinances may provide (emphasis supplied) for the following: "The language of the statute uses the phrase "may provide." That means the language is suggestive or advisory. Miller Unfit Dwelling Appeal File No.: LUA-08-124 AAD February 17, 2009 Page I I 6. This office acknowledges that some errors occurred along the way in dealing with this matter. While the original notice in March might have taken the form of an "order", form does not supplant substance. It clearly described the problems with his property and its state of disrepair. The appellant may have received a bad or incomplete copy of the Amended Complaint but even the appellant admitted that he made the discovery when preparing for this hearing and not at that time. If the appellant did receive incomplete or erroneous documents they did not prejudice his opportunity to be heard and present evidence. The omission of the appellant as an attendee of the hearing when he was clearly there is not a critical error. Those same minutes reflect he was at the hearing and participated. The appellant was provided with an opportunity to contest the March findings and do so in a hearing. The appellant availed himself of that right to a hearing and appeared. The appellant was afforded appropriate due process. This office has no jurisdiction to review the action of the Municipal Court in a criminal action. The Hearing Examiner's review is entirely a civil review and cannot second-guess the issuance of a search warrant. With those procedural issues dispensed with, there is the merit of the Director's Decision. The decision is clearly correct. This single-family residence is unfit and the appellant admitted as much at the appeal hearing while possibly using different phrasing. Experts provided evidence that it was in such a state of disrepair that costs of repair exceed the statutory limits. The appellant was given a full opportunity to refute the City's allegations about the nature of the residence. The Director found the residence "unfit" after appropriate deliberation. 10. 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 17a` day of February 2009. FRED J. KA HEARING EXAMINER TRANSMITTED THIS 17' day of February 2009 to the parties of record: Garmon Newsom, II Marilyn Kameheff Robin Miller Sr. Asst City Attorney Code Compliance Inspector 1814 SE 2151 Place City of Renton City of Renton Renton, WA 98055 Renton, WA 98057 Renton, WA 98057 Miller Unfit Dwelling App„.. File No.: LUA-08-124 AAD February 17, 2009 Page 12 Stephen Perkins 17103 125' Ave SE Renton, WA 98058 Patricia Schmidt 17309 125"' Ave SE Renton, WA 98058 Gary & Donna Palmer 17104 125' Ave SE Renton, WA 98058 George Runne 16835 125"' Ave SE Renton, WA 98058 Pursuant to Title 1V, Chapter 8, Section 100Gof the City's Code, request for reconsideration must be filed in writing on or before 5:00 p.m., March 3, 2009. 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. Owner has the right to petition the superior court of King County for appropriate relief within 30days after the order becomes final. 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 processing of the tile. 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. December 11, 2008 OFFICE OF THE HEARING EXAMINER CITY OF RENTON REPORT AND DECISION APPELLANT: Robin Miller 1814 5E 215` Place Renton, WA 98055 Garrison Newsom 11 Warren, Barber & Fontes City Attorney Renton, WA 98057 Representing: City of Renton Marilyn Kamcheff Code Compliance Inspector Renton, WA 98057 Administrative Appeal of Notice and Order for Pile No.: LUA 08-124, AAD 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 December 2, 2008 hearing. The legal record is recorded on CD. The hearing opened on Tuesday, December 2, 2008, at 9:04 a,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: Garmon Newsom II, Assistant City Attorney Marilyn Kamcheff, Code Compliance Officer City of Renton Robin Miller, Appellant The following exhibits were entered into the record: Exhibit No. I: Yellow file containing the original application, various reports, and letter of appeal. Exhibit No. 2: Lack of Due Process packet presented by Mr. Miller Exhibit No. 3: Amended Complaint Miller Unfit Dwelling App,.n File No.: LUA-08-124 AAD December 11, 2008 Page 2 Robin Miller presented a document titled "Lack of Due Process" and stated that it was the substance of his appeal. Attached to that was his copy of the Amended Complaint that preceded the first hearing. He was not questioning whether the building in question was in need of repair or attention, rather the procedures that have been taken in this matter. He is aware that the building is in need of attention, he has been working, as he is able on the property. The process that the City took in this case was not listed in the ordinances and specifically he believes the City violated the statute in issuing the Order on March 18. The Order was issued without any prior notice or hearing as required. The Order issued on the 18ffi required that repairs to the building be completed by April 23 or the building would be demolished. That is not reasonably possible to achieve. It seemed that the City was solely seeking demolition of the building. He believed that the Order issued on March 18 should be invalid and considered void These issues were brought forward in previous meetings with Code Compliance Officer, Marilyn Kamcheff. He put his questions in writing addressed to Marilyn, they discussed the issues and he asked that the City Attorney check to see if his information was correct. The City took jurisdiction of that property on the I" of March at the time of the annexation, within 18 days he was presented with an Order that mandated the building be completely renovated to Code or demolished within 30 days. On July 17, the City issued another Order without any prior notice or hearing, requiring the completion of repairs or demolition of the building within 30 day. State law requires a hearing before an Order can be issued. Next, the City conducted a search of the premises that he believed was invalid and in violation of the statute. It appeared that Mr. Watts was expecting him to pay nearly $3,000.00 for police services because the City wished to conduct a search of his property and acquired a search warrant to allow them access to the property. The City did not ask Mr. Miller if he would open the building up to them for an inspection. He was not even notified that a search was taking place and he did not find out about it until he attended the hearing. The statute states that a search can only be conducted in a manner that causes the least possible inconvenience to the owner, it further requires that the request for a search warrant happen only after it has been determined that entry to the property would be denied or resisted. He was never notified about the search warrant. He continued with his statement of the chronological sequence of events leading to the hearing today. He never saw the original complaint, but did receive an amended complaint that was issued on August 21. At the hearing he was not aware of the issues, his copy of the complaint was missing page 3 and had two copies of page 4. Page 2 does state a corrective action that must be accomplished but does not give a date for the completion. Again an Order had been issued prior to a hearing, which violates the statute. This building exists today exactly as it did at the time of the annexation in March. The Renton code talks about authorized non -conforming structures. The Examiner stated that this residential property is located in a residential zone, therefore it is a conforming structure. It would be permitted if it were in a fit condition, it is a single-family home in a residential area. Mr. Miller stated that he was referring to the order to demolish the building. He is attempting to restore the home, but questions what "appropriate time" means. When does Renton's jurisdiction in respect to the code Miller Unfit Dwelling Appeal File No.: LUA-08-124 AAD December 11, 2008 Page 3 begin. He believed it began on the first day of March and not before. What may or may not have been the case last year or five years ago seemed to be not relevant with respect to Renton code as it applies. There was some discussion on the condition of "unfit", the Examiner stated that he had seen the pictures in the file and the house was clearly unfit for habitation. Whether the building was abandoned or not, it must be in a safe and secure condition before it can be considered a non -conforming use that may continue. Mr. Miller stated that the building is fairly secure from entry. He further had taken steps to shore up the interior, he felt fairly safe in stating that the building would not fall down. He would not be inside working on it if he felt that it was unsafe. Discussion continued as to the unsafe and unfit condition of this property. Mr. Miller stated that the code clearly says 2 years. He continued to state that this building has been unsafe since March 1, when the City of Renton annexed the property. The Examiner stated that this building has been unsafe under King County ruling prior to that. Did King County try abating this property in the past? Mr. Miller stated that they had not, they never determined it was unsafe. He secured the building because the building was vacant and they were doing repairs. He has owned the building for approximately 10-15 years. There were renters in the house and one really bad renter and that is when King County code enforcement first took action on the place. He received a letter stating that he needed to clean up the garbage, the tenants were storing garbage all over the property. The Examiner asked how soon he could get the building in physical shape, if he were able to do that? Mr. Miller stated that it was the definition of physical shape that needs to be defined. A building that could be rented, owned or lived in by someone would take a major job. The Examiner again asked how long it would take to make it safe and habitable, or how long it would take to demolish the existing building and rebuild a new home? Mr. Miller stated that in his situation, meaning not having the financial or physical ability, he did not know how long it would take. He guessed it would take the better part of a year for a contractor to do the work that needs to be done. In the Findings of the minutes (page 7 of 11) Item 5, it states that Mr. Watts found the house to be abandoned and in the state of near collapse, that is apparently what neighbors have indicated, however, the house was not abandoned. He further discussed the Conclusions from the minutes again stating the issue of the variety of statements referring to the house being abandoned vs. vacant. He also took issue with the fact that the owner must pay search warrant fees in the amount of $2,700.00, which he felt was needlessly done. He understood the issues with the neighbors, it is unsightly. It is his intention to remedy the property. A trailer that was stored on site has been removed. He would urge the City to step back and see if there is a way to negotiate an arrangement to rehabilitate the house rather than destroy it and in doing so require him to start over at the beginning_ Upon questioning by Garmon Newsom, Mr. Miller stated that he has owned the house for 10-15 years but could not recall the year of purchase. He guessed that it was sometime in the early 1980's. He never lived in the home, he rented the home in the late 1980's to the early 1990's. No one has lived in the home since the last renter. Miller Unfit Dwelling App-i.. File No.: LUA-08-124 AAD December 11, 2008 Page 4 King County first contacted him by letter regarding the condition of the home in 2006, they contacted him because there was an automobile that had been abandoned in the back yard and there were complaints about the garbage on the property. King County did not give a time frame, only stated that the automobile had to be removed and he took care to have the car and garbage removed. An Order to Correct was sent to him by the City of Renton on or about March 18, he made no corrections at that time. On May 8, Marilyn Kamcheff sent a letter concerning the Order to Correct and requested him to correct certain conditions. Another letter was sent on May 20, 2008 that summarized the meeting and the unfit condition that needed to be resolved. Mr. Miller stated that he was at the hearing where the Director issued the Final Order or what would be the appeal in this matter dated September 18, 2008. He did have notice of this hearing. He did have an opportunity to appear on September I I and present his facts and important criteria. He further stated that he has not contacted a contractor about fixing the home. At one point he received notice from the City that the door was open and he had to go close it and secure it again. It was evident that the door had been forced open. He may have extended an offer to let the City of Renton come on the property and inspect it, he did not recall. At the time the search warrant was executed, he was not present at the home, he did not know when the search warrant was executed. At no time was any inquiry made of Mr. Miller regarding the search warrant. A 10-minute break was taken: Hearing Resumed at 10:30 am. Mr. Newsom stated that he would not be calling any City witnesses. The Examiner stated that there were members of the public present wishing to testify. The fact is that this is an appeal between Mr. Miller, who has objected to the way the City has enforced the code against his property and the City defending that position. The state of the property as now evidenced by those witnesses is not necessarily relevant. This is an appeal based on a record already established by the City. The public does want to testify, but their testimony will not be persuasive or used in the way this process is going forward. The public does have the right to be heard at a public hearing, they may do so, please keep comments very limited. What is said most likely will not be used in this proceeding, the rules are structured so that Mr. Miller has challenged a decision already made by the Director and no new evidence is allowed to affect the Examiner's decision. Stephen Perkins, 17103 125th Avenue SE, Renton, 98058 stated that he has lived in his house since 1979. The property in question has been vacant for approximately 15 years. There have only been attempts to take care of the property, the tarps on the roof are replaced once a year, the lawn gets mowed approximately twice a year. They are concerned what this property is doing to the value of their own personal property. He has seen a large tree in the backyard that went down in the storm last year and it still remains in the backyard. Kids are playing in the yard, the number of rats in the neighborhood have increased making health issues a very strong problem. Offers have been made to purchase the property, they have knocked on the door, left notes on the door with no response regarding the purchase of the property. Gary Palmer, 17104 125 h Ave SE, Renton, 98058 stated that he wanted to verify the previous speaker and note that the condition of this property only detracts from the other property owners in the neighborhood. George Runne, 16835 125ffi Ave SE, Renton, 98058 stated that he is currently studying to become a licensed architect and has worked in construction for many years. With his knowledge of building, the repairs that are being done starting on the inside is basically a waster of time. The tarp on the roof has worn away and the roof currently leaks. To repair a house in this condition, it is necessary to begin with structural walls and exterior and repair the roof prior to working on the inside. It is his opinion that it would be more costly to repair than it Miller Unfit Dwelling Appeal File No_: LUA-08-124 AAD December 11, 2008 Page 5 would be to tear it down to the foundation and begin again. It would also be faster to start new than try to remodel a structure in that condition. In his experience it would take 6 months to build a new house. The house could be demolished in two days Mr. Newsom final statement: This matter is based on prior record, the testimony of the various witnesses was offered simply as rebuttal of Mr. Miller's allegations today. The discussion about the Order, the search warrant and the Amended Complaint were out of the scope of today's hearing. First, abandon does not seem to be the critical issue, abandon goes to show the lack of care being shown by Mr. Miller for that property. That is the problem the community has with the property. If the property was vacant but well maintained, the neighbors would most likely prefer someone living in the home, but they would be less concerned about the health and safety risk if that home was properly maintained. Concerning jurisdiction, the ability to consider the evidence and if the evidence is long standing evidence the jurisdiction does not limit the Examiner's ability or the Director's ability to consider that information. It holds true in criminal, in regular civil matters and in administrative matter that if a party, the appellant, is making an argument that a condition is not as described, evidence of that fact is always significant and important for the person considering the evidence. The fact that Mr. Miller had been receiving orders to correct prior to the date of the hearing demonstrate and show the extreme condition and period of neglect for this building. Mr. Newsom went on to explain the significance of Chapter 35, Declaration of Purpose. Under the discussion of the Complaint, this section explains how service is to be made and that it is proper to post on a property if the owner cannot be located. Further discussion covers the estimate of the cost of repair bears on the value of the building structure. Section F discusses the required hearing and that appears to be where the due process comes into play. The fact that Mr. Miller received the notice of hearing and that he appeared at the hearing, that he was heard at the hearing, and that he had an opportunity to address his issues as best he understood them at the hearing. After that there was consideration of the facts, evidence and the law by the Director and then the Director made a ruling. This condition has existed for many years, not just since March of this year_ If Mr. Miller had simply made a statement to the Director if he was concerned about notice or issues of timing of notices and that he needed a continuance because he was unprepared, that would have been considered and most likely granted by the Director. There is a claim that the search warrant violated his due process rights under the claim that it was inconvenient. This appears to be a misinterpretation of what convenience is supposed to be. If he happened to reside at that location and the officers happened to go in at an inconvenient hour or day and were not sensitive to certain circumstances, there might be a basis to say that was inconvenient when they executed the search warrant. In this case, Mr. Miller does not reside at the location at the time of the search warrant, he was not inconvenienced, he was not inconvenienced by the specific time of the search warrant. The fee charged for the search warrant is not included as an inconvenience by any statute. In General Costs section of the code it does state that actual costs and expenses will be assessed, including the cost of repairs, alterations, improvements, vacating and closing, removal and demolition. Actual cost shall include the cost of staff time including overhead contracting, engineer fees and as well as other fees. This is broad enough to encompass the staff hours, not necessarily the search warrant, but the hours that staff spent in preparing the search warrant and to go in and confirm what they believe the situation to be. Communication with Mr. Miller over the search warrant is not required and based on the record, there were communications with no action being taken. Miller Unfit Dwelling Appea, File No.: LUA-08-124 AAD December 11, 2008 Page 6 It appears that the bulk of concerns about the amended complaint are that there was no page three in Mr. Miller's copy and that there were two page four's with different dates. The intent was not to deprive Mr. Miller of the information on page three. Page three specifically talks about obtaining a demolition permit and continues the discussion on corrective action from the bottom of page two. Corrective action dates were provided on page two a couple paragraphs from the bottom. The compliance date on the Order to Correct was July 15, 2008 as shown on page two. Page three with the exception of one paragraph, discusses the fees and costs to be paid by the property owner, this is the same information that is generally available to the public on line or at the City Clerk's office. It was not the intent to hold information from Mr. Miller and the City did apologize to Mr. Miller and the Examiner. He did not believe this error to be on great magnitude. He did receive the correct dates and time of hearing. We are left with the property in question, and the Director has had a hearing with Mr. Miller present and Mr. Miller has had an opportunity to share his concerns, complaints, deficiencies in the process and it appears that these complaints were not offered at that time. He did not believe that the Director had heard any good cause for any of the allegations asserted by Mr. Miller. The Examiner is to address any errors that may have occurred during the prior proceeding, not to simply allow the appellant or any other person a second opportunity to introduce evidence, to try again, or to try to persuade someone else. An appeal is an appeal, not a second trial. The Examiner is further directed that the Director's determination should be accorded substantial weight. Based on the presentation today, there have been no substantive errors noted by Mr. Miller of the Director's ruling. The Examiner stated that the issues are fairly odd, Mr. Miller claims he did not receive the official copy containing page three and received two page four's each with a different date. The official Order was apparently dated 8/21/2008 and Mr. Meckling did sign. Mr. Miller did attend the hearing but did not realize the amended complaint was wrong until restudying the file. There were some errors in issuing this document to him and they were discovered after the fact. Mr. Miller Response: He did in fact, raise issues about due process, the statutes and codes, he did make issue of those issues at the hearing. Information was not available to him at the hearing, it was only after the hearing that he became aware of the issue of the search warrant as well as the Amended Complaint. It seems that would be cause for allowing the introduction of that additional evidence. The City Attorney suggests that because nothing was done in response to Orders provided to him prior to the hearings that that indicates he is unwilling to be cooperative with the City. That is not the case. The Orders are defective, when read they are mandates, they are in fact orders to comply. He was left with no choice but to do nothing, should the City decide to destroy his property. The City Attorney suggested that he had an opportunity to request a continuance if he felt he needed more time to prepare for the Director's hearing. He did request a continuance and it was denied. There was information that he learned at the hearing for the first time. The City Attorney made the statement that the City is not required to notify Mr. Miller regarding to applying for a search warrant. He further was concerned about the "unfit building" definition that exists in the Renton Code. It appears to be a circular argument, to say that the code is not applicable because this is an unfit building, but in order to say it is an unfit building the code determines what makes an unfit building. Miller Unfit Dwelling Appeal File No.: LUA-08-124 AAD December 11, 2008 Page 7 Mr. Miller had no quarrel with the condition of the building, it is vacant, it has not been in this condition for that long. He understands that it must be taken care of, that is his intent. He would like to have a confirmation as to what is an unfit building as defined in the code. Mr. Newsom read the code section defining unfit or abandoned. The Examiner questioned the fact that this building is nothing but unfit. It is defined as a single-family residence, but it is not fit in its current state. Mr. Miller noted that there was a mention of 90 days in the code provision and those 90 days began with the Annexation of this property to the City of Renton. The Examiner stated that this building has been unfit or in a state of disrepair for probably 10 years or more. No attempt has been made prior to this to bring it up to a standard that would be habitable. He noted for the record that he would consider the Director's Decision and Mr. Miller's arguments about due process in making his decision. 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 11:24 a.m. FINDINGS. CONCL USIONS & RECO.MMENDATION WERE PUBLISHED UNDER SEPARATE COVER TRANSMUTED THIS 0' day of December 2008 to the parties of record: Garmon Newsom, II Sr. Asst City Attorney City of Renton Renton, WA 98057 Stephen Perkins 17103 1251h Ave SE Renton, WA 98058 Marilyn Kamcheff Code Compliance Inspector City of Renton Renton, WA 98057 Gary & Donna Palmer 17104 125"' Ave SE Renton, WA 98058 Robin Miller 1814 SE 21" Place Renton, WA 98055 George Runne 16835 125"' Ave SE Renton, WA 98058 Patricia Schmidt 17309 125"' Ave SE Renton, WA 98058 Pursuant to Title IV, Chapter 8, Section 100Gof the City's Code, request for reconsideration must be filed in writing on or before 5:00 p.m., December 18, 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 3udgment, 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 $75.00 and meeting other specified requirements. Miller Unfit Dwelling Appel, File No.: LUA-08-124 AAD December 11, 2008 Page 8 Copies of this ordinance are available for inspection or purchase in the Finance Department, first floor of City Hall. An appeal must be filed in writing on or before 5:00 .m. December 18 2008. If the Examiner's Recommendation or Decision contains the requirement for Restrictive Covenants, the executed Covenants will be re uired prior to approval by City Council or final Processing of the file. You may contact this office for information on formatting covenants. The Appearance of Fairness Doctrine provides that no ex parte (private one-on-one) communications may occur concerning pending land use decisions. This means that parties to a land use decision may not communicate in private with any decision -maker concerning the proposal. Decision -makers in the land use process include both the Hearing Examiner and members of the City Council. All communications concerning the proposal must be made in public. This public communication permits all interested parties to know the contents of the communication and would allow them to openly rebut the evidence. Any violation of this doctrine would result in the invalidation of the request by the Court. The Doctrine applies not only to the initial public hearing but to all Requests for Reconsideration as well as Appeals to the City Council. Y +$ ka Denis Law, Mayor December 30, 2008 Robin D. Miller 1814 SE 2 1 " Place Renton, WA 98055 Re: Unfit Dwelling Appeal Request for Reconsideration Dear Mr, Miller: CITY F RENTON Hearing Examiner Fred J. Kaufman This office has reviewed your request for reconsideration in the matter of your property. After a review of your request and the original information submitted at the public hearing, this office finds no reason to modify or reverse the original decision. If you are not satisfied with this decision you may appeal to the City Council. Sincerely, Fred Kaufman Hearing Examiner City of Renton F/nt cc: Ann Nielsen Assistant City Attorney Neil Watts, Planning Division Director Stacy Tucker, Planning Division Paul Baker, Compliance Officer All Parties of Record MOTE: APPEAL MUST BE FILED BY 5:00 PM, JANUARY 13, 2009. 1055 South Grady Way - Renton, Washington 98057 - (425) 430-6515 eThis paper cai-i-;i 5Z'3, ;,-:Wl% postoonswner RENTON %rtrAn nr 7ii r. <; Li ItV]i ■ Mete Items 1, 2, and 3. Also complete A- S a 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse Z. so that we can return the card to you. R ceived by ( Printed Name) C ■ Attach this card to the back of the mailpieca, or on the front if space permits. i 1. Article Addressed to: n 1"YWJIA.-, WO 2. ArHc1- ' R-q PS Farr D. Is delivery address different from itern 1? If YES. enter delivery address below-. ❑ Agent Date of Delivery - iC, 0 ❑ yes &XTO-- 3. Service Type ,Certified Mail ❑ Expisss Mail ❑ Registered ❑ Return Receipt for Merchandlae ❑ Insured Mail ❑ G.O.D. 4. Restricted Delivery? (Fxtrg Fee) ❑ yes 2595-02-M-1540 UNITED STATES POSTAL SERVICE • Sender: Please print your name, addre"d ZIP+4 in this box- • µEfiR�l Q C EkLI^Av� s �) o G Qjo'cl 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 29 30 OFFICE OF THE HEARING EXAMINER CITY OF RENTON, WASHINGTON CITY OF RENTON, ) Plaintiff ) V. ) ROBIN MILLER ) Appellant ) �P zC File No. LUA 08-124, AAD Appellant's Request for Reconsideration Pursuant to RMC Title IV, Chapter 8, Section 100 (G) Pursuant to Title IV, Chapter 8, Section 100 (G) of the Renton Municipal Code, appellant Robin Miller respectfully urges and requests reconsideration of the Hearing Examiner's December 0, 2008 decision in this matter as follows: INTRODUCTION: Appellant again desires to state for the record that he has no controversy with the City of Renton as to the necessity of completing repairs to the subject building so as to render it "fit" and appropriately code compliant. Nor, in general, is there any controversy as to the fact that the subject building has sustained serious damage from long term water intrusion and that in its current condition the building is properly described as being in a "gutted" state. The principal issue giving rise to this appeal and for appellant's request for reconsideration are entirely based on his belief that the City of Renton has acted unlawfully Appellant Miner's Request for Reconsideration — Page 1 of 6 File No. LUA 08-124, AAD December 18, 2008 I in this matter. In addition, appellant asserts that the City has made unwarranted assumptions 2 to reach unfounded conclusions in the prosecution of this matter_ Finally, it is appellant's 3 fervent hope that the City will recognize that a decision to order the demolition of Miller's 4 property cannot be justified in the face of its unlawful actions in this matter. 5 6 ARGUMENT: 7 Error of Law — City's 06liga ion Under RCW 35.80 et Mg. 8 The predicate legal issue concerning appellant's right of due process in this matter is 9 whether or not the City of Renton is obligated to adhere to the presecribed processes of 10 RCW 35.80 et seq. which have been adopted as part ofRenton's municipal code. 11 12 The City acknowledges their lack of adherence to these statutory prescriptions, 13 insisting instead that the procedures of RCW 35.80 et seq. are merely suggestive or advisory 14 in construct, rather than being mandatory in nature. (Conclusions at 5 & 6) Renton apparently 15 believes that the State has authorized cities to selectively repudiate these ordinance 16 provisions even after having made their permissive choice to adopt such ordinances under 17 RCW 35.80.030 (1). Appellant respectfully disagrees with this position and argues that 18 Renton misapprehends the intent and provisions of RCW 35.80 et seq. 19 20 Miller understands that Renton has a permissive right of choice under Washington's 21 Unfit Building Act. That right when read in context, provides in pertinent part that the City 22 of Renton 23 "...may adapt ordinances relating to such dwellings, 24 buildings, structures, or premises. " and further, if the 25 City chose to do so, that "Such ordinances may provide 26 for the following: " (RCW 35.80.030 (1)) 27 It is this choice of whether or not to adopt such 28 ordinances that is the permissive right granted by statute to each municipality. In this 29 regard, Renton has acknowledged its choice to adopt Washington's Unfit Building Act and 30 in fact has fully incorporated the provisions of RCW 35.80 et seq. into its municipal code as Appellant Miller's Request for Reconsideration — Page 2 of 6 File No, LUA 08-124, AAD December 18, 2008 I stated in RMC 1-3-5 (BXI). 2 3 Having made that permissive choice, Renton is now obligated to adhere to the 4 statutory provisions of RCW 35.80.030 as fully adopted within their own Code. Reading 5 further in RCW 35.80.030 (c) we find a prescribed statutory process which is initiated when 6 the City 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 "... shall cause to he served either personally or by certified mail.... a complaint.. which.. shall contain a notice that a hearing will he held. " It is further required under RCW 35.80.030 (f) that after the re uired hearin , "...the hoard or officer ... ... shalf issue and cause to be served upon the owner ... ... an order... " This process is not optional once adopted by the City and the Legislature's repeated use of the word "shall" removes any doubt as to their intent that these mandatory procedures are to be followed. However, as the file on record shows, Renton chose not to comply with this Legislative prescription. Instead, the City abruptly and without prior communication simply initiated an action against Miller by issuing its "Order" under color of law, while completely ignoring the prerequisite & mandatory requirements of "serving a egm1aint "and "conducti ?g the requisite hearft". Asserting that their lack of compliance with the statutory process does not matter, the City argues that their order "clearly described the problems..", and that in any case "form does not supplant substance". (Conclusions at 6) The City further contends that Miller was not prejudiced by their actions because a hearing opportunity was finally provided. (Conclusions at 7) Any attempt to "gloss over" Renton's unlawful actions as somehow "non -prejudicial" to appellant is not only inappropriate — it is also grossly inaccurate. In the first instance it will be noted that RCW 35.80 et seq. contains no such 30 exceptions to a City's compliance with its terms. Lack of prejudice, even if it were true, is Appellam % iller's Request for Reconsideration — Page 3 of 6 File No, LUA 08-124, AAD December 18, 2008 I nowhere found within the Washington Unfit Building Act as justification for a City's 2 noncompliance with its specified procedures. Also absent in this statute is any language 3 exempting the City from compliance based upon whether "substance" would serve to 4 supplant "form". 5 6 In any case, the "form & substance", of the City's March 18a' "Order" made 7 demands upon appellant that could not have reasonably been accomplished in the allotted 8 time. The inescapable conclusion for Miller was that his ongoing efforts to advance the 9 restoration progress were now at risk of being demolished by the City. As the file record 10 shows, the City's subsequent actions have taken advantage of Miller's "catch 22" paralysis. 11 The City cites his failure to comply with their unlawful "Orders" as a basis for taking further 12 actions, including criminal citations, and assessing thousands of dollars in fess & other 13 charges for the services of City staff, police and attorney time involved in the conduct of 14 their process. 15 16 Ignoring Miller's expenditure of legal consultation fees in attempting to defend his 17 position against these actions by the City, his planned property restoration efforts have been 18 forced on "hold" pending a final resolution of this matter. The obvious result for Miller is 19 that he is being restrained by the City from taking any reasonable steps to prevent further 20 damage to his property under threat of demolition_ Thus the property continues to sit in its 21 unrepaired condition — a result which is in nobody's best: interests. 22 23 ]unwarranted Findines: 24 At 9, Examiner finds that weather damage is not an act of God and that "... the 25 building was left to deteriorate over a period of years." Appellant respectfully argues that 26 these findings are unwarranted and not supported by the facts. Yes the building has been 27 vacant for a number of years, but there is no evidence in the file to support the notion that it 28 has been left in its current state for all these years_ Miller has been engaged in a sequential 29 process of uncovering years of hidden water damage and has just now finished gutting the 30 interior to expose that full extent of that damage. Appellant Miller's Request for Reconsideration — Page 4 of 6 File No, LUA 08-124, AAD December 18, 2008 1 2 Also at 9, Examiner concludes that the 2 year vacancy period contained in the 3 Renton Code is applicable retroactively from the date of annexation. Miller respectfully 4 disagrees with this position as contrary to law. 5 6 Unfounded Conclusions: 7 At 4. Examiner again draws the conclusion that Renton's definition of an "Unfit" 8 building may be applied retroactively from the the date of annexation. Miller respectfully 9 disagrees with this position as contrary to law. It is noted that that the record supports the 10 fact that the house has not been inhabited for many years but it does not support the 11 conclusion that the house has been in the current state of exposed damage for all those years. 12 That exposure is the result of appellant's efforts to discover the full extent of water damage 13 to his property. 14 15 At 7. Examiner asserts that he has no jurisdiction to review the action of the 16 Municipal Court in a criminal action. Appellant respectfully notes that no request was made 17 for Examiner to review the action of the Municipal Court. The review requested was that 18 pertinent to the City's assessment of nearly $3,000 in fees for police action to secure an 19 administrative search warrant. In this regard, appellant asserts that it is the Examiner's 20 responsibility to determine whether or not those charges are properly assessed when the City 21 has failed to make the prerequisite inquiry of appellant concerning his voluntary willingness 22 to provide access to the building. Absent that prior inquiry, authority to seek a search 23 warrant is not authorized under both the Renton Code and RCW 35.80.030 (3). (see page 31 24 Bosteder v. City of Menton July 2005 155 Wn. 2d 18) 25 26 Conclusion: 27 Appellant respectfully asserts that he has met his burden of showing that the City of 28 Renton has acted not only contrary to State law but also contrary to their own Municipal 29 Code in their pursuit of this matter. In so doing, the City has deprived Miller of his right to 30 due process under both authorities of law. Appellant Miller's Request for Reconsideration - Page 5 of 6 File No. LUA 08-124, AAD December 18, 2008 2 It is appellant's contention that justice would not be served in this case by a crafted 3 decision to uphold the City's unlawful behavior to favor a forced demolition of Miller's 4 property. Such a decision would be arbitrary and capricious in the face of the plain language 5 contained in RCW 35.80 et seq. Appellant made a lawful decision and began the efforts to 6 make the necessary repairs to his property prior to Renton's annexation of his property on 7 March 1, 2008. Notwithstanding the fact that this renovation process has led to the 8 discovery of long term concealed water damage, Miller continued and has now completed 9 the process of tear out to expose the full extent of the damage to his property. 10 1 I Appellant respectfully urges the Hearing Examiner to uphold this appeal on 12 reconsideration by reversing the previous decisions to force demolition of the property. The 13 course Miller is being forced to follow in defense of his property is contrary to the best 14 interests of all concerned. Nothing is gained by the City, the neighbors or appellant by 15 having this matter tied up in further litigation. Miller's objective was and is to restore his 16 residential property to its original habitable condition and having now completed the 17 intereior tear out was just beginning the renovation process by replacing the floor joists 18 when forced to place everything on hold. 19 20 It is Miller's sincere hope and preference that the parties can immediately proceed in 21 a cooperative atmosphere to allow restoration work to continue on this property. 22 23 24 25 Respectfully submitted this 186' day of December, 2008. 26 27 28 Robin D_ Miller 29 1814 SE 21" Place 30 Renton, WA 98055 Appellant Mi11er's Request for Reconsideration — Page 6 of 6 File No, LUA 08-124, AAD December 18, 2009 CITY [ 'RENTON' Denis Law, Mayor October 30, 2008 Robin D. Miller 1814 SE 2151 Place Renton, WA 98055 RE: Unfit Dwellings, Buildings and Structures Appeal Dear Mr. Miller: This office has received your appeal letter on the above referenced matter. Hearing Examiner Fred J. Kaufman Please be advised that the appeal hearing has been scheduled for Tuesday, December 2, 2008 at 9:00 a.m. 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 this office can provide any further assistance, please address those comments in writing. Sincerely, Nancy Thompson Secretary to Hearing Examiner City of Renton Encl: Copy of Appeal Letter cc: Ann Nielsen Assistant City Attorney Neil Watts, Planning Division Director Stacy Tucker, Planning Division Paul Baker, Compliance Officer 1055 South Grady Way - Renton, Washington 98057 - (425) 430-6515 This oaner ,;- _—led nateria;.30%nostconcunner RENTc�- Notice of Appeal October 17, 2008 u wry �J To: Office of the Hearing Examiner, City of Renton, 1055 S. Grady Way 98057 Subject of Appeal: Findings & Order of Director, Neil Watts, September 18, 2008 Re: Unfit Dwellings, Buildings and Structures Hearing — 16855, 125t' Ave. SE, Renton, WA The undersigned hereby serves notice of intent to appeal the subject Findings & Order issued by Director Neil Watts on September 18, 2008. This appeal is based on the undersigned's belief that the subject Findings & Order are erroneous for specific reasons which include, but are not limited to, the following: 1. Lack of Due Process under Renton Municipal Code 2. Lack of Due Process under the Revised Code of Washington State 3. Erroneous Findings of Fact 4. Erroneous Conclusions based thereon 5. Unreasonable Decision and Imposition of fees and costs based thereon Please find check # 1007 (attached herewith) as payment in full of the requisite $75.00 filing fee. Thank you for your consideration_ Sincerely, 4/ �e, Robin D. Miller 1814 SE 21 "Place Renton, WA 98055 `YJJ , wa-"--5 Notice of Appeal — October 17, 2008 Page 1 of 1 �6 14' ZG�� C: 11) 0� }t L!N 10 h; Notice of Appeal ff ; '; ' (] October 17, 2008 ;�LCEVF- .1� (:�, Y (:I FRK, nF-icE. t To: Office of the Hearing Examiner, City of Renton, 1055 S. Grady Way 98057 Subject of Appeal: Findings &. Order of Director, Neil Watts, September 18, 2008 Re: Unfit Dwellings, Buildings and Structures Hearing - 16855, 125 h Ave. SE, Renton, WA The undersigned hereby serves notice of intent to appeal the subject Findings & Order issued by Director Neil Watts on September 18, 2008. This appeal is based on the undersigned's belief that the subject Findings & Order are erroneous for specific reasons which include, but are not limited to, the following: 1. Lack of Due Process under Renton Municipal Code 2. Lack of Due Process under the Revised Code of Washington State 3. Erroneous Findings of Fact 4_ Erroneous Conclusions based thereon 5. Unreasonable Decision and Imposition of fees and costs based thereon Please find check # 1007 (attached herewith) as payment in full of the requisite $75.00 filing fee. Thank you for your consideration. Sincerely, ��V �C_ Robin D. Miller 1814 SE 21st Place Renton, WA 98055 rye,, we k s Notice of Appeal — October 17, 2008 Page 1 of l TY CITY OF RENTON City Clerk Division + + 1055 South Grady Way ,��� Renton, WA 98057 425-430-6510 Receipt 1223 Date O �1 ❑ Cash ❑ Copy Fee ❑ Notary Service &�Xheck No. t � ❑ Appeal Fee ❑ Description: - �'� i L; ! Uts n # u. , , n A Funds Received From: Name Address City/zip Amount $ I "s , UL) City Staff .signature Lack of Due Process Under RCWs RCW 35.80 Authorizes Permissible Ordinances Cities may adopt • City's adopted process Not Permissible under Chapter 35,80.030 RCW. — In violation of this Statute, City Issues "Order" March 18, 2008, under color of RMC law. • "Order" issued w/o prior notice from City as required under 35.80.030(c). • "Order" issued w/o prior hearing as required under 35.80.030(f) — "Order' requires completion of Repair by April 23, 2008 or Demolish • "Order" not "reasonably" possible to achieve -- "Order" suggests City seeks nothing short of demolition — Cessation of work only prudent, pending a resolution of the City's action. • The City does not and, I dare say, cannot cite any statutory authority permitting it to issue such orders in conflict with the mandatory requirements of Chapter 35.80 RCW. — An ordinance conflicts with a statute when it permits what state law forbids or prohibits what state law permits. Parkland Light v. Bd. of Health, 151 Wn. 2d 428, 434, 90 P.3d 37 (2004); Rabon v. City of Seattle, 135 Wn.2d 278, 292, 957 >? 2d 621 (1998); City of Bellingham v. Schampers, 57 Wn.2d 106, 110-11, 356 P.2d 292 (1960) • Lacking such authorization, the City's March 18, 2008 "Order" is invalid and must be considered void. Lack of Due Process Under RCWs RCW 35.80 Authorizes Permissible Ordinances Cities may adopt • City's adopted process Not Permissible under Chapter 35.80.030 RCW. — In violation of this Statute, City Issues yet another "Order' July 17, 2008, under color of RMC law. • "Order" issued w/o prior notice from City as required under 35,80.030(c). • "Order" issued w10 prior hearing as requires! under 35.80.030(f) — "Order' requires completion of Repair or Demolish within 30 days • "Order" not "reasonably" possible to achieve — "Order" again suggests City seeks nothing short of demolition — Cessation of work only prudent, pending a resolution of the City's action. • As before, the City does not and cannot cite any statutory authority permitting it to issue such orders in conflict with the mandatory requirements of Chapter 35.80 RCW. — An ordinance conflicts with a statute when it permits what state law forbids or prohibits what state law permits. Parkiand Light v. Bd. of Health, 151 Wn.2d 428, 434, 90 P.3d 37 (2004); Rabon v. City of Seattle, 135 Wn.2d 278, 292, 957 P.2d 621 (1998); City of Bellingham v. Schampera, 57 Wn.2d 108, 110-11, 356 P.2d 292 (1960) • Lacking such authorization, the City's July 17, 2008 "Order' is invalid and must be considered void. Lack of Due Process Under RCWs City Violates RCW 35-80.020 (3) conducting search of premises A City's authority for obtaining a search warrant "... has always been derived from specific legislative authorizations or court rules." City of Seattle v. McCready, 123 Wn.2d at 274 (1994) The applicable statute here is RCW 35.80.020(3) which mandates that preconditions are met prior to obtaining a search warrant. RCW 35.80.020 (3) "...PROVIDED, That such entries shall be made in such manner as to cause the least possible inconvenience to the persons in possession, and to obtain an order for this purpose after submitting evidence in support of an application which is adequate to justify such an order from a court of competent jurisdiction in the event entry is denied or resisted." — City chose to ignore the mandatory preconditions of RCW 35.80.020 (3) prior to obtaining a search warrant and entering the premises. File confirms that: — City made NO efforts to determine if owner would deny or resist access prior to obtaining search warrant and entering building. — "Least Possible inconvenience" NOT obtained since owner's search expense could have been reduced but for the City's choice to ignore statute. — City's issuance of search warrant NOT authorized by this statute where mandatory preconditions are ignored. — Warrant not valid — Search without valid warrant violates Federal and State Constitutional protections (Fourth Amendment and WA Article 1, section 7) Lack of Due Process Under RCWs Amended Complaint & Order For Unfit Dwellings City's adopted process Not Permissible under Chapter 36.80.030 RCW. — In violation of this Statute, City Issues yet another "Order" August 21, 2008, under color of RMC law. • "Order" issued w/o prior notice from City as required under 35.80.030(c). • "Order" issued w/o prior hearing as required under 35.80.030(f — "Complaint" cites prior March 18 "Order" -- "Complaint" is incomplete & insufficient as it differs from City's Filed version. • No page 3 and 2 pages marked page 4 with differing dates — Cessation of work only prudent, pending a resolution of the City's action. As before, the City does not and cannot cite any statutory authority permitting it to issue such orders in conflict with the mandatory requirements of Chapter 35.80 RCW. — An ordinance conflicts with a statute when it permits what state law forbids or prohibits what state law permits. Parkland Light v. Bd. of Health, 151 Wn.2d 428, 434, 90 P.3d 37 (2004); Rabon v. City of Seattle, 135 Wn.2d 276, 292, 957 P.2d 621 (1998); City of Bellingham v. Schampera, 57 Wn.2d 106, 110-11, 356 P.2d 292 (1960) Lacking such authorization, the City's August 21, 2008 "Order" is invalid and must be considered void. Lack of Due Process Under RMCs RMC Title 4 Chapter 10 Authorizes Nonconforming Structures Applicability— Requirements for Bldgs... which existed before regulations were adopted OR implemented 4-10-050 (A) Nonconforming Structures — General: — Any legally established building or structure may remain, although such structure does not conform with the provisions of the RMC, provided the following conditions are met: • Has not been vacant for 2 or more years OR has not been abandoned. • AND • Structure is kept in a safe and secure condition- - (A)(3)(b) -- 50% Rule exception where additional costs make the Bldg more conforming — (A)(5) Restoration: Nothing shall prevent the reconstruction to its same size & height — AND — (A)(5)(b) — 50% Rule exception where additional costs make the Bldg more conforming — AND — (A)(5)(c) Single Family Dwellings: — Any legally established SFD may be rebuilt to its same size. 4-10-050 (B) R-10 & R-14 Considered Conforming — "Residential structures that existed or that were developed in accordance with vested land use permits prior to 6-17-1996 SHALL be considered to be conforming structures. Such Structures may be replaced, renovated, and/or expanded pursuant to the provisions of the R-14 Zone" CITY OF RENTON HEARING EXAMINER PUBLIC HEARING December 2, 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. PROJECT NAME: Miller Unfit Dwelling Appeal PROJECT NUMBER: LUA08-124, AAD PROJECT DESCRIPTION: demolish the unfit building. Appeal of adminstrative determination requiring property owner to HEX Agenda 12-2-08.doc II � NI i " PUBLIC HEARING CITY OF RENTON HEARING EXAMINER RENTON, WASHINGTON A Public 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 December 2, 2008 at 9:00 AM to consider the following petitions: Miller Unfit Dwelling Appeal FILE NO. LUAUB•124, AAD Location: 168551251h Avenue SE Description: Appeal of adminstrative determination requiring property owner to demolish the unfit building. FOR FURTHER INFORMATION, PLEASE CONTACT THE CITY OF RENTON HEARING EXAMINER'S OFFICE AT 425-430-6515 Do NOT REMOVE THIS NOTICE WITHOUT PROPER AUTHORIZATION Please include the project NUMBER when calling for proper file identification. CERTIFICATION I, is 1�4 ti fG�{JAc�, hereby certify that copies of the above document were posted by mein conspicuous places or nearby the described property an DATE: /i % 1 SIGNED: : S�' �' AVIFEST: Subscribed and sworn before me, a Notary Puhhc, in and for the State of Washington residing iS �w _ on the day of ] ..V tvva NOTARY PUBLIC SIGNA PUBLIC HEARING CITY OF RENTON HEARING EXAMINER RENTON, WASHINGTON A Public 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 December 2, 2008 at 9:00 AM to consider the following petitions. Miller Unfit Dwelling Appeal FILE NO. LUA08-124, AAD Location: 16855 125t" Avenue SE Description: Appeal of adminstrative determination requiring property owner to demolish the unfit building. FOR FURTHER INFORMATION, PLEASE CONTACT THE CITY OF RENTON HEARING EXAMINER'S OFFICE AT 425-430-6515 DO NOT REMOVE THIS NOTICE WITHOUT PROPER AUTHORIZATION Please include the project NUMBER when calling for proper file identification. "'} Hearing Examiner s # i q D nis Law, Mayor Fred J. Kaufman VC October 30, 2008 Robin D. Miller 1814 SE 21"Place Renton, WA 98055 RE: Unfit Dwellings, Buildings and Structures Appeal Dear Mr. Miller: This office has received your appeal letter on the above referenced matter. Please be advised that the appeal hearing has been scheduled for Tuesday, December 2, 2008 at 9:00 a.m. 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 this office can provide any further assistance, please address those comments in writing. Sincerely, r Nancy Thompson Secretary to Hearing Examiner City of Renton Encl: Copy of Appeal Letter cc: Ann Nielsen Assistant City Attorney Neil Watts, Planning Division Director Stacy Tucker, Planning Division Paul Baker, Compliance Officer 1055 South Grady Way!- Renton, Washington 98057 - (425) 430-6515 M-ihispapers::-'., e... AsdmaterEai.30%oust consumer ENTO. ", t-i I. % I) ( 7 I � 'C H F: (: F V I. Notice of Appeal =1 h` �110 October 17, 2008 'VED To: Office of the Hearing Examiner, City of Renton, 1055 S. Grady Way 98057 Subject of Appeal: Findings & Order of Director, Neil Watts, September 18, 2008 Re: Unfit Dwellings, Buildings and Structures Hearing — 16855, 125 h Ave. SE, Renton, WA The undersigned hereby serves notice of intent to appeal the subject Findings & Order issued by Director Neil Watts on September 18, 2008. This appeal.is based on the undersigned's belief that the subject Findings & Order are erroneous for specific reasons which include, but are not limited to, the following: l . Lack of Due Process under Renton Municipal Code 2_ Lack of Due Process under the Revised Code of Washington State 3. Erroneous Findings of Fact 4. Erroneous Conclusions based thereon 5. Unreasonable Decision and Imposition of fees and costs based thereon Please find check 41007 (attached herewith) as payment in full of the requisite $75.00 filing fee. Thank you for your consideration. Sincerely, Robin D. Miller 1814 SE 2 1 " Place Renton, WA 98055 Notice of Appeal -- October 17, 2008 Page 1 of 1 EYI wows `� I-LLC>"e 4 Notice of Appeal October 17, 2008 CITY OF RENTON OCT ► 7 2008 RECEIVED CITY CLERK'S OFFICE. To: Office of the Hearing Examiner, City of Renton, 1055 S. Grady Way 98057 Subject of Appeal: Findings & Order of Director, Neil Watts, September 18, 2008 Re: Unfit Dwellings, Buildings and Structures Hearing — 16855, 125 h Ave. SE, Renton, WA The undersigned hereby serves notice of intent to appeal the subject Findings & Order issued by Director Neil Watts on September 18, 2008. This appeal is based on the undersigned's belief that the subject Findings & Order are erroneous for specific reasons which include, but are not limited to, the following: 1. Lack of Due Process under Renton Municipal Code 2. Lack of Due Process under the Revised Code of Washington State 3. Erroneous Findings of Fact 4. Erroneous Conclusions based thereon 5. Unreasonable Decision and Imposition of fees and costs based thereon Please find check 91007 (attached herewith) as payment in full of the requisite $75.00 filing fee. Thank you for your consideration. Sincerely, Robin D. Miller 1814 SE 21" Place Renton, WA 98055 Notice of Appeal — October 17, 2008 Page 1 of i cc-. :. Av°Y"`4-� wa- kvs �Y CITY OF RENTON G1h City Clerk Division + + 1055 South Grady Way I'NT� Renton, WA 98057 425-430-6510 ❑ Cash ❑ Copy Fee Wheck No. 1061. ❑ Appeal Fee Description: Receipt1223 Date 0 ❑ Notary Service �6, r, r, A Funds Received From: Amount $ 'Ts • UU Name Address 1L'1`'� - City/Zip City Staff Signature U.S. Postal &aMce (W" CarArmat1cm Receipt r- Postage and Delivery Confirmation fees must be paid before mailing. r- Aftb Sent,T(a (to 4o com)let'edx6lrr�nrs 1 Z O m a l+ GiE: VGA C4,- �a 4 POSTAL CUSTOMER: r:3 Ppgtmark K6eP this receipt For inquiries- Ac,,, a M Here Internet web site at wwwr,usps cam 0 0(call t-800-222-1 all m (ONE (Pl1 AL USE UNLn mt Q Priority Maif PS Form 16 Msre►� 18es Q Standard Mail (B) m" Rar+ W) ru i. Only, Ln Wk m m Postage $ Certified Fee m Pustmark m Retum RecelPt Pee 0 (Endorsement Required) Here Restricted Delivery Fee (Endorsement Required) LL I ru rc.f Total Postage & Fees Sent To wit i7, hhl�, --• - - --•-----•--•-----•-- or PQ Box No.---L --------•-------- City,State,ZfP+4 UVA C1W IN MR. ff-am-urgimim ■ Complete items 1,Wd 3. Also complete Rom 4 if Rest icted livery Is desired. ■ 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 from If space permits. Article Addressed to: M ti-ga- 2L" Moe V-& W, WA CI %9' Agent B.-FWaelvdd by (Pdr#e } C:'13ate of Delivery D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No IN I Ice Type Certified Mall ❑ Express Mail ❑ Reglst 0 Return Receipt for Merchandise ❑ Insured Mall ❑ C.O.D. 4. Restrkke i Delivery? (Ext►a Fee) ❑ Yes 2. Article Number (Transrer hem service MW 7006 2150 0000 0332 4562 PS Form 3811, August 2001 Domestic Return Receipt 102595-o2-M-ts40 UNITED STATES POSTAL SERVICE • Sender: Please print your name, address, .arid �'�tL �rIPrC� WAJ WA C21 III) 1fill I)III III III III 1II]IE111II1i11III IIIIII1114111111f1III ■ Complete items 1,�d 3. Also complete item 4 K ResMcted Dellveay is desired. ■ Print your name and address on the reverse so that we can retum the card to you. ! Attach this card to the back of the rnailpiece, or on ttt8 front if space permits. 1. Article Addressed to. � C ` Dim n1— 10 3 -1 A. B. gved by (PdnW Noma) D. is dellvery aboress different farm item i? cif YES, enter eav" address below - �.SWVJPWTYPO Mah ❑ Express Wl i7 Registered ❑ Return Receipt for Merchandise l3 hwuwed ma ❑ c.O.D. -- - - -- 4. Restricted Del y? (LFartM Fe®) ❑ Yes r_c-r-eLn'>:,m»er Q , 2150 0000 0337 0668 PS Form 3811, August 2001 - - - Domestic Return Roosipt -- - -- - UNrreo STATEs Posy. • Sander. Please print your name, address, and ZIP+4'M'tliis box' ir'il 4 Tu kfrrnC-k�'� c� v ) , C'-A - c b .n a I - 11111J31111i1III is 11111IJJl III IS1/11}1y111111111L11111 I$Jll ■ Complete items 1, 2, anIIWso complete Rom 4 If Restricted Delivaty Is desired, ■ 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: q'y ; I, vx OA41rL ':� vcir. 44N: 'b;LoJ(e Anc�Yca S Roy ©c eoCfe '" Sim Cl Agent C. Date of Delivery D. Is delivery address different from Item 17 ❑Tres If YES, enter delivery address below: ❑ No 3. rrcertined Mail ❑ Express Mall ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mall ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number 700L 2150 0000 0337 O6S1 {TPa ldw from service fabeJj . Ps Form 3811, August 2001 Domestic Return Receipt 102595-02-WIW UNWED STATES POSTAL SERVICE • Sender: Please print your name, address, and 2N%446Sis box'4*- ,.kA vy\ OFF^ q YjoOPMENT SERV ITY OF RENTON RECEIVED . I .LE 0- Denis Law, Mayor C-1 Department of Community and Economic Development Alex Pietsch, Administrator UNFIT DWELLINGS, BUILDINGS AND STRUCTURES HEARING BEFORE THE DIRECTOR CITY OF RENTON FINDINGS AND ORDER OF THE. DIRECTOR OWNER: Robin Miller 1814 SE 2l" Place Renton, WA 9805.5 LOCATION: 16855 -- 125`1' Avenue SE, Renton, WA SUMMARY OF REQUEST: Director determined the approI)riate disposition of the building located at 16855 125" Avenue SE, in response to the City of Renton Building Official's unfit building complaint, declaring the building an unfit building per Renton Municipal Code (RMC) Section 1-3-5. PUBLIC HEARING: After reviewing the City's written request for a hearing, and examining available information on file, the Director conducted a public hearing on the subject as follows: 1IINUTES The following minutes are a summary of the September 11, 2008 hearing. The legal record is recorded on CD. The hearing opened on Thursday, September 11, 2008, at 1:02 p.m- in the Council Chambers on the seventh floor of Renton City Hall. Parties wishing to testify were affirmed by the Director. The following exhibits were entered into the record: Exhibit No. 1: The official file, including copies of the formal complaint issued by the Renton Building Official, records of the actions taken by Renton Code Enforcement, photographs of the site, and building and title reports for the property. Exhibit No. 2: Photographs taken on the morning of September 11, 2008, prior to the hearing of the site and building. Exhibit No. 3: Listing of the fees and costs to be paid by the property owner under the provisions of Renton Municipal Code Section 1-3-5. 1055 South Grady Way - Renton, Washington 98057 - RE N I ON %H,, i; 1 -1„ ;:11:;, , m LA W Miller Unfit Building F ng September 18, 2008 Page 2 of 11 Parties present: Mark Barber, City Attorney Marilyn Kamcheff, Renton Code Compliance Inspector Larry Meckling, Renton Building Official David Pargas, Renton Deputy Fire Marshal Paul Baker, Renton Lead Code Compliance Inspector The Director opened the hearing, explained the structure and procedures of the hearing, and asked all parties wishing to testify to take an affirmation. Mark Barber, City Attorney representing the City in presentation of their case, outlined the applicable code section for Unfit Buildings. The City had responded to complaints received in March 2008 about an abandoned house at 16855 125t Ave SE, in Renton, WA. The complaints were investigated by City staff, and it was determined that the condition of the house warranted designation as an unfit building, as stipulated in Renton Municipal Code (RMC) 1-3-5. A formal complaint was prepared and issued to the property owner, Robin Miller, requiring repair or demolition of the house. As stipulated by City code, a hearing was scheduled to determine the appropriate disposition of the structure, and notice was provided as required in RMC 1-3-5. Marilyn Kamcheff, Code Compliance Inspector, City of Renton, 1055 S. Grady Way, Renton, Washington 98057, then provided testimony outlining the history of the investigation for this site, results of the site investigation, results of the title search on the property, and City staffs recommendation on disposition of the building. A complaint was received by the Renton code compliance group on March 5, 2008, of an abandoned house at 16855 125`h Ave SE. The house was reported to be quite a dump, vacant for many years, with the roof falling in and rats reported on the site. Ms. amclieff visited the site on March 11, 2008, and found the house to be in considerable disrepair. The House was abandoned, with a roof which was partially collapsed. Several holes were observed in the roof, allowing for entry of water and potential vermin. There was green frayed material secured along the roof line covering the gutter area with exposed roof beams that had obvious dry rot. The two front windows were boarded up with plywood. The wall between the windows was sagging. An Order to Correct was issued and mailed to Robin Miller on March 18, 2008. The compliance date was set as April 23, 2008. No response was noted by the City prior to the compliance date. On May 12, 2008, Ms. Kamcheff was able to talk with Robin Miller, owner of the property, about the problem and the need to correct the situation. Mr. Miller said he was in a state of shock over the City's requirements to bring the property into compliance with City of Renton codes. Mr. Miller argued that the condition of the house was such that he could repair it. Miller Unfit Buildin, .-caring September 18, 2008 Page 3 of 11 On May 15, 2008, Mr. Miller brought a letter to Ms. Kamcheff refuting the charges as listed in the Orders to Correct. During this discussion, he stated his desire to repair the house. He indicated that he would like to have an additional 60 days to continue work on the house. On May 20, 2008, Ms. Kamcheff sent a letter to Mr. Miller which listed the City's requirements for the violations listed on the earlier Order to Correct. The letter granted Mr. Miller additional time to work on his property. His new compliance date was July 15, 2008. On July 16, 2008, Ms. Kamcheff conducted an inspection of the site. She found that the house was still in a dilapidated condition. It %vas apparent that there had been no work done on the house. On July 17, 2008, a notice and order N as mailed to Robin Miller advising him of the City's intention to abate this house. This notice and order was cancelled on July 29, 2008. Mr. Miller was mailed notict that the notice and order was cancelled, along with the associated hearing date. A search warrant Ivor the house was approved by ,ludge Terry Jurado on August 6, 2008. On August 7, 2008, Police Department personnel, Commander Charles Karlewicz, Sergeant Tracy Wilkinson, Officers James Gould, David Adam, and Jason Hudson met with Code Compliance Inspector Marilyn Kamcheff, Lead Code Compliance Inspector Paul Baker, Building Official Larry Meck-ling, and Assistant Fire Marshal David Pargas, at 16855 125`r' Av SE at 1:30 pm to make a visual determination of the interior condition of the house, via the approved search warrant. Ms. Kamcheff testified that upon entering the house she obscrved an interior that had been gutted of much of the electrical, plumbing, and heating apparatus. The wallboard had been stripped and only bare studs were standing. Flooring was misslin, in inany portions of the interior making it difficult and dangerous to walk. There was a "U- shaped brace on the front portion of the house that was a support for the roof rafters. She testified that she had observed dry rot on the sill plate of the foundation at numerous places in the interior, both in the front and back portions of the horse. She observed piping that had rusted joints and connections that were left unfinished. A scan cr drainpipe had been disconnected and was open. Both water and electrical service was cut of -I -to the house. On August 21, 2008. an Amended Complaint for Unfit Dwellings, Buildings and Structures was sent to the property owner, Robin Miller, by registered mail. The complaint stated that the house located at 16855 125`h Av SE was an unfit building as set forth in RMC 1-3-5. The complaint states that a Renton code compliance inspector inspected the dwelling, and found the dwelling unfit, substandard, and unfit for use as a dwelling in that it lacked the components of a livable dwelling, and that it is unfit for use as a building or structure, in that it had the following conditions: (1) no sanitary sewer service; (2) no water service; (3) no electrical service; and (4) severe roof damage and disrepair or dilapidation with obvious dry rot. Miller Unfit Building H ng September 18, 2008 Page 4 of 1 Ms. Kamcheff testified that she visited the site that morning, September 11, 2008, for a re -inspection, and found that no visible actions had been taken to correct problems noted with the house. Pictures were taken of the house and entered into the record, which showed that the house is in considerable disrepair with a failed roof, open entry places in the roof which allow water to enter into the house, rotted exposed beams, poorly maintained siding, a sagging exterior wall, and boarded up windows. Ms. Kamcheff further testified that she had conducted a title search through King County records, which showed that the property was owned by Robin Miller and that there are no records showing that this property has been sold to another party. Ms. Kamcheff testified that while attending three separate neighborhood meetings as a City representative, she had been approached by neighbors of this property complaining about the conditions of this property and the abandoned house on the property. The neighbor of site noted that the house had been vacant since he moved into his house next door ten years ago. Other neighbors reported to Ms. Kamcheff that the house had been vacant for at least 12 years. Ms. Kamcheff was then cross-examined by Mr. Miller. Responding to Mr. Miller's questions, she coufin-ned that the first photos in the official file were taken in March of 2008, and were only of the exterior of the house and the property. She confirmed that Mr. Miller had indicated in their meeting on May 15, 2008, that he disputed the City's claim and process in this matter. Mr. Barber then called Robin Miller, the property owner, to testify. In response to questions from Mr. Barber, Mr. Miller confirmed that lie had received the Orders to Correct sent to him by the City. He also confirmed that he had not complied with the requests within the Orders to Correct. Mr. Miller confirmed that he had received the Amended Complaint for an Unfit Building dated August 21, 2008, by mail. He was not certain if it had also been posted on the property in question. Mr. Miller confirmed that he had not applied or obtained building permits for this property from either King County or Renton. Mr. Miller stated that he was not aware that any building permits would be required for the rehabilitation work he was doing on the existing house. Larry Meckling, Renton Building Official, testified that he had inspected the interior of the building on August 7, 2008, with the group entering the site under the approved search warrant. He reported finding that the house was beyond disrepair, with numerous failing systems. The floor system had failed, and was missing in many areas. The roof system had failed, the supporting walls were failing or damaged, and much of the house utilities, such as plumbing and electrical, were damaged or missing. There were extensive signs of moisture related deterioration. The roof had several holes, and it was apparent that the roof had been damaged extensively for years. The structure was not habitable, and in violation of many City building codes. The structure is a safety and health hazard due to potential structural hazards. Mr. Meckling further testified that the V 1r Miller Unfit Building _caring September 18, 2008 Page 5 of 11 cost of repairing the structure would far exceed 50% of the value of the structure. The house would have very limited salvage valise, and did not appear to be worth repairing. His recommendation was to demolish the building. Mr. Miller then cross examined Mr. Meckling_ Iri response to questions, Mr. Meckling responded that he believed that the cost of repair would exceed the value of the structure by 50%, that this was based upon his experience of over 15 years as Assistant Building Official and Building Official for the City of Renton, and the cost of repairs were based on estimated costs for building pemiit calculations, and represented approximate market values for costs of labor and material for the repairs. The Director asked Mr. Meckling to list the parts of the house that would need to be repaired to bring the house into compliance for a habitable structure. Mr_ Meckling stated that everything beyond the foundation of the house needed repair, including the floor systems, the walls and related structural systems, and the roof. He noted that the roof was currently sagging and extcnsively damaged. David Pargas, City of Renton Assistant Fire Marshal, then testified. He also inspected the building at 16855 125'h Av SE under the approved search warrant on August 7, 2008. He noted that the roof of the house was extensively damaged, the walls were failing, sections of the floor were missing, and the electrical system had several code violations and missing sections. Based on his professional opinion, lie stated that the building was a potential hazard for emergency fire response purposes. Mr. Miller, owner ofthe property at 16S55 125'h Av SE, Renton, Washington, then testified. He stated that lie had received an Order to correct various conditions on the property from the City of Renton on March 18, 2008. He expressed his displeasure with the process, and wanted to file a coniplailit upon receiving the Order to Correct and request an appeal. The property had been in unincorporated King County until March 1, 2008, at which time it was annexed to the City of Renton. He contends that he is not subject to these City code provisions, as the same conditions existed on the property prior to annexation, and did not violate County codes. Mr.:Miller stated that the house was in serious disrepair, and that he was attempting to repair the structure. He had gutted the interior of the structure, and started work on replacing some of the floorjoists. He invested considerable money in lumber for the repairs, some of which was in the structure, and the rest stored elsewhere off site. He had been delayed in completing the desired repairs due to limited funds and health issues. Mr. Miller says he keeps the site maintained, including mowing the lawn. He has not seen any evidence of rodents on the site. He further testified that the house had been broken into around March 11, 2008. Equipment, including a generator, were stolen from the house at that time, and the house -vas left open. Miller Unfit Building H ng September 18, 2008 Page 6of 11 Mr. Miller stated that it was his plan to repair the house as a future retirement project. He stated that he believed the cost of repair was less than 50% of the value of the property, He also expressed his observation that the structure was structurally sound at this time. Mr. Barber then cross examined Mr. Miller. In response to Mr. Barber's questions, Mr. Miller acknowledged that the house had been vacant for over one year. Mr. Miller also acknowledged receiving a violation notice from King County regarding this same structure. He stated that lie had complied with the County's enforcement letter by securing the building From entry. Mr. Barber asked Mr. Miller if he had received any complaints from the neighbors about the house. He answered that he had not received any complaints directly from any individual neighbors, but was made aware of the concerns via the K111g County code enforcement action_ The Director then asked Mr. Miller how long he would need to repair the structure. Mr. Miller responded that it would take him six months to a year to bring the house into limited compliance. The Director asked how long the utilities had been disconnected from the house. Mr. Miller stated that the electricity had been removed by others, and the water was cut off last winter in response to a leak in the service line to the house. Mr. Barber noted that the City of Renton has adopted the 2006 International Residential Code, which states that permits are required for proposed tenant improvements, including structural repairs or replacements, and repair or replacement of roof and mechanical systems. The work proposed to repair this house will require building permits from the City of Renton. The Director requested staff recommendation for appropriate dispensation of this structure. Staff recommendation was presented by Marilyn Kamcheff. Staff requested that the Director confirm the staff determination that this structure was appropriately classified as an unfit building per RMC 1-3-5. Staff also requested the Director to order demolition of the house located at 16855 1251h Av SE, due to: (1) the high cost of repair in comparison to the assessed value of the house, (2) the dilapidated structure was a blight and hazard, (3) the abandoned structure was an attractive nuisance, and (4) the structure was open to the elements through numerous holes in the roof, providing possible entry for vermin. Staff further requested the order to include payment of the fees, including payment for City staff time, allowed by RMC 1-3-5. Mr. Miller requested an extension of the hearing to allow him additional time to review the record and to prepare his response. The Director stated that the record had been available for some time before the hearing, and appropriate notice had been provided to the property owner regarding the time and nature of the hearing. The request for extension was denied by the Director. Miller Unfit Buildin __earing September 18, 2008 Page 7 of I I Mr. Miller also noted that lie has never see vermin or evidence of vermin on the property, and that the house has not been entered by children or transients. He requested the Director to not require demolition of the house, and to allow him to continue with repairs of the structure as he has planned. The Director called for further testimony regarding this unfit building complaint. There was no one else wishing to speak, and no further comments from staff. The hearing was closed at 2:20 p.m. FINDINGS, CONCLUSIONS & DECISION Haviw-, reviewed the record in this matter, the Director now makes and enters the following: FINDINGS: 1. The City of Renton issued an unfit building complaint to the property owner, Robin Miller, for the house located at 16855 125"' Av SE in Renton, Washington. This complaint was sent to the property otivner on August 21, 2008. The complaint included notice of the mandated hearing before the Director, scheduled for September 11, 2008, at Renton Citv llall, 7"' floor, at 1:00 p.m. Robin Miller was mailed the unlit building complaint by first class mail and certified mail on August 21, 2008. 2. An official records file for the unfit building investigation and issuance of a complaint for 16855 1251h Av SF, Renton, Washington was entered into the record as Exhibit 41. The file contains copies of the formal complaint issued by the Renton Building Official, records of the actions taken by Renton Code Enforcement, photographs of the site, and building and title reports for the property. 3. The subject structure is located at 16855 125"' Av SE. The legal description for the property is Lot 27, Block 1, Cascade Vista, according to plat thereof recorded in Volume 60, pages 33 through 35, records of King County, Washington. Robin Miller testified in the hearing that lie was the owner of the property in question. 4. Records indicate that King County Code Enforcement sent correction notices to the property owner regarding building; code violation with the house in 2006 and 2007. Under County regulations, the structure Nvas required to not be occupied and secured from entry. 5. The property was part of the Benson I fill annexation area, which was annexed to the City of Renton on March 1, 2008. The house at this location was reported to the City by neighbors as being abandoned and in a state of near collapse. The neighbors have reported to City staff that the 11o1E5c has been vacant for over ten years. Miller Unfit Building H na September 18, 2008 4 Page 8 of 1 i 6. Investigation by City staff concluded that the house was in serious disrepair, with a failed roof, numerous holes in the roof, and a sagging supporting wall. A search warrant was obtained to allow for inspection of the interior of the house. The house was searched by City staff on August 7, 2008. The interior of the building was gutted and in considerable disrepair. There were extensive signs of moisture deterioration. Numerous structural failures were noted, including missing or damaged sections of the floor system, supporting walls, and utility systems. The roof had numerous failures and holes, which have allowed water to enter the interior of the house. The holes also provide potential entry to the structure by vermin. 7. The City of Renton Building Official testified that the repairs which would be needed to bring the house into compliance with current building codes would be extensive, with everything above the foundation needing repair or replacement. He further testified that the cost of repairs would far exceed 50% of the value of the current structure, based on its assessed value for tax purposes. King County tax records for 2008 list the value of improvements on this property at $69,000.00. 8. The City of Renton Assistant Fire Marshal testified that the structure was currently in violation of the Renton adopted International Fire Code. He further testified that the house, in its current condition, was a potential hazard to emergency responders, such as Firefighters. 9. The property owner testified that he has been working on repairing the house, and has made a significant investment in lumber for the repairs. Repairs have started on some of the floor joists. He has been delayed in completing repairs by financial and health reasons. He received notice from King County, prior to annexation to Renton, of building violations with the house, and complied with King County regulations by securing the building from entry. He stated that he believed this enforcement action by the City was inappropriate, as the condition of the structure was same as it had been under the County's jurisdiction prior to the annexation date of March 1, 2008. 10. Based upon the information provided by the City investigation, it was City staffs determination that the house was an unfit structure as defined in RMC 1-3-5. 11. The property owner does not want to demolish the house, preferring to restore the house to a habitable condition through a personal repair project. He estimates that it would take six months to a year to bring the structure into limited compliance with building code requirements. Miller Unfit Buildin; _earing September 18, 2008 Page 9 of 1 1 CONCLUSIONS: A building is determined to be an unfit building if it meets the following definition from RMC 1-34.A. 11.c(22 ): Any structure, which has been daniaged by fire, weather, earth movement, or other causes. and which is not fit for occupation, and has been abandoned or unoccupied by lawful tenants for a period of 90 days, or where the cost of repair exceeds the value of the structure once repaired, or such a damaged structure whose owner shows no intention on completing such repairs within 90 days. Included within this definition shall be any dwellings which are unfit for human habitation, and buildings, structures, and premises or portions thereof which are unfit for other uses due to dilapidation, disrepair, structural defects, defects increasing hazards of fire, accidents, or other calamities, inadequate ventilation and uncleanliness, inadequate light or sanitary facilities, inadequate drainage, overcrowding, or due to other conditions which are inimical to the health and welfare of the residents of the. City of Renton. RMC 1-3-5.13.2 provides the standards to be followed in substance by the Director or the Hearing Examiner in ordering repair, vacation, or demolition. These standards are as follows: 1 _ I f the unfit building can reasonably be repaired so that it will no longer exist in violation of the terms of this chapter, it shall be ordered repaired by the Director or, on appeal, by the Hearing Examiner. 2. If the unfit building is in such condition as to make it dangerous to the health, morals, safety or gencral welfare of its occupants, neighbors or the general public, it shall be ordered to be vacated by the Director or, on appeal, by the Hearing Examiner. 3. If the unfit building is fifty percent dama-ed or decayed or deteriorated in value it shall be demolished. Value as used herein shall be the valuation placed upon the building or structure for purposes of general taxation. 4. If the unfit building cannot be repaired so that it will no longer exist in violation of the terms of this chapter it shall be demolished. 5. If the unfit building is a fire hazard, existing or erected in violation of the terms of this chapter or any other ordinance of the City of Renton or the laws of the state of Washington, it shall be demolished. provided the fire hazard is not eliminated by the owner within a reasonable time. DECISION: The abandoned house located at I OS55 125`" Av SE in Renton, Washington, is hereby determined to bean unfit building. The building has been abandoned for at least ten years according to statements made to City staff by neighbors of the property. There is currently no utility or electric service to the house. The building is in a state of severe disrepair, including a failed roof and exposure of the interior of the house to the elements via holes in the roof. The Douse is in a condition of dilapidation and potential structural failure. The interior of the house is gutted, including parts of the Miller Unfit Building 11 ng September 18, 2008 Page 10 of 11 floor, plumbing system, and electrical system. City staff testimony indicates that the magnitude of the repairs necessary to restore this building to compliance with applicable building codes would exceed 50% of the assessed valuation for the building. 2. The corrective action required for the abandoned house, located at 16855 125"' Av SE, is demolition. The property owner is to obtain necessary demolition permits from the City of Renton within 60 days of the issuance of this decision and complete removal of the structure within 90 days of the issuance of this decision_ Based upon a decision date of September 18, 2008, the demolition permit must be obtained by the owner on or before November 17, 2008, and the building must be demolished by December 17, 2008. 3_ The property owner must pay the City of Renton the fees and costs assessed under RMC 1-3-5.H_ which include staff and legal costs associated with this unfit building complaint. The amount now due to the City is S5,361.26, and is itemized as follows: $1,500.00 Per RMC 1-3-5 for Abatement Following the Hearing $ 36.82 Mailing costs and King County fees $ 759.81 Code Compliance Costs S 2,714.63 Police Officer Costs S 350.00 Attorney Fees S 5,361.26 Total This amount is to be paid within 90 days of the issuance of this decision. Based upon a decision date of September 18, 2008, these fees and costs must be paid to the City of Renton on or before December 17, 2008. If these fees and costs are not paid to the City by December 17, 2008, they may be assessed by the City of Renton against the real property as a Iien. 4. The property is to remain vacated and secured pending demolition of the house. Following demolition of the house the area shall be cleared of all debris and unsuitable fill materials then filled and hydro -seeded or sodded for permanent restoration of the site. If the conditions of this decision are not completed by December 17, 2008, the City of Renton may proceed with abatement of the unlawful condition. An additional fee of 53,000.00 will be assessed at that time. All costs and expenses incurred by the City in the abatement of this unfit building may be assessed against the real property as a lien unless paid. Actual costs shall include, but are not limited to, the costs of staff time, including overhead, contracted engineering fees or consultant fees, costs of demolition, removal and restoration, and any attorney's fees incurred in having the structure declared an unfit building. Miller Unlit Buildin., kearing September 18, 2008 Page 11 of 11 The owner has the right to appeal this decision to the City of Renton Hearin Examiner Avithin 30 days frorn the date of this decision. Based upon a decision date of Se ternber 18 200$ an appeal must be received by the City Clerk no later than 5:00 p.m. October 18 2008. Such an appeal must be filed in writin with the City Clerk, accompanied by a riling fee of $75.00. The written appeal must set out the reasons the owner believes the findings or order of the Director to be erroneous. Unless the property owner appeals this decision within the 30 days from the date of this decision or complies with this order, the City shall have the power, without further notice or proceedings, to vacate and secure the building and do any act required of the owner in the order of the Director, and to charge any expenses incurred thereby to the owner and assess them against the property. If no appeal is filed, a copy of this order shall be filed with the auditor of King County, Washington, and shall he a final order. ORDERED THIS 1 STI' day of September 2008. NEIL WATTS, DIRECTOR (Parties of Record and attached exhibits may be viewed in the City Clerk's office along with the official decision.) TRANSMITTED THIS 18"H day of Scpteniber 2008 to the following: Robin D. Miller (Decision sent by Certified Mail and First Class Mail) 1814 SE 21'' PI Renton, WA 98055 Mayor Denis Law David Pargas, Renton Fire Dept. Jay Covington, Chief Administrativc Officer Larry Meckling, Building Official Julia Medzegian, City Council Liaison Kcvin Milosevich, Police Chief Charles Karlewicz, Renton Police Dept Alex Pietsch, CED Marty Fine, Assistant CAO Renton Reporter FEES & COSTS TO BE PAID BY THE PROPERTY OWNER OF ROBIN D. MILLER ROBIN D. MILLER VIOLATION ADDRESS: 16855 125TH AVE SE RENTON, WA. 98055 SEPTEMBER 11, 2008 ROBIN D. MILLER MAILING ADDRESS: 1814SE218TPL RENTON, WA. 98055 FEES AS PERMITTED BY RMC 1-3-5 1.1, 2, 3, 4, AND 5: IN ADDITION TO ACTUAL ABATEMENT COSTS, THE FOLLOWING ADMINISTRATIVE FEES SHALL BE ASSESSED AND COLLECTED IN THE SAME MANNER: A. WHERE ABATEMENT IS ACCOMPLISHED PRIOR TO DIRECTOR HEARING: $300.00; PROVIDED, THE BUILDING OFFICIAL MAY WAIVE THESE FEES IF ABATEMENT IS COMPLETE 48 HOURS PRIOR TO A DIRECTOR HEARING; B. WHERE ABATEMENT IS ACCOMPLISHED SUBSEQUENT TO OR LESS THAN 48 HOURS PRIOR TO A DIRECTOR HEARING: $1,500; C. WHERE ABATEMENT IS ACCOMPLISHED FOLLOWING BREACH OF AN AGREEMENT OR UNDERSTANDING BETWEEN A PROPERTY OWNER AND BUILDING OFFICIAL, DIRECTOR, OR HEARING EXAMINER: $3,000; D. WHERE THE ABATEMENT IS ACCOMPLISHED BY THE CITY FOLLOWING HEARING OR DEFAULT OF THE PROPERTY OWNER: $3,000. MR. MILLER HAS NOT ABATED THE VIOLATION AS OF SEPTEMBER 11, 2008, THUS OWING THE CITY THE FOLLOWING FEES FOR VIOLATING B, LISTED ABOVE. B. $1500.00 IN ADDITION THE FOLLOWING FEES AS ALLOWED BY CODE ARE OWED BY ROBIN D. MILLER, PROPERTY OWNER: MAILING FEES: KING COUNTY FEES: CODE COMPLIANCE INSPECTOR: MARILYN KAMCHEFF: POLICE OFFICERS: CMDR KARLEWICZ SGT. WILKINSON OFFICER HUDSON OFFICER ADAM OFFICER GOULD SUB TOTAL: 3 CERTIFIED/RETURN RECEIPT LETTERS @ $5.49/EA = $16.47 3 PRIORITY MAIL LETTERS @ $5.45/EA = $16.35 WARRANTY DEED, CERTIFIED COPY $ 4.00 25.80 HOURS @ $29.45 = $759.81 1.00 HOUR 1.00 HOUR 1.00 HOUR 1.00 HOUR 6.00 HOURS @ $50.00 = $ 50.00 @ $48.00 = $ 48.00 @ $40.00 = $ 40.00 @ $40.00 = $ 40.00 @ $40.00 = $240.00 $2714.63 PLUS APPLICABLE KING COUNTY FILING/RECORDING FEES AND CITY OF RENTON ABATEMENT COSTS. TOTAL TO BE DETERMINED: CITY OF RENTON ATTORNEY FEES WHEN ALL RECORDING FEES HAVE BEEN ASSESSED. WHEN ACTUAL HOUSE ABATEMENT HAS BEEN ACCOMPLISHED. 2 Postage Price Calculator Page 1 of 1 0 UIVITEDSTATES POSTU SE * Skip Navigation Home Postage Price Calculator Summary Mailing Summary Your Cost First -Class Mailg Letter $0,59 Certified Mail 2.70 Retulm Receipt 2.20 Total $5.49 • Estimated shipping time from RENTON, WA 98057 to RENTON, WA 98055 (Zone 1, Intra-BMC) is 1 day. 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Be sure to ir,ch_lde a return address on all correspondence w Interact. -; 100 CODE COMPLIANCE HEAR—` — ROBIN D. MILLER PROPERTY DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT CODE COMPLIANCE PUBLIC HEARING/MEETING SPEAKER SIGN-UP SHEET DATE: Se tember 11 2008 PLEASE PRINT 5 Minute Time Limit 1 Name: LLkf r� �/ �9 7 Name: or Address: Via` �' �� `� r Address: "A p: 2 Name: %f�l�'�rif� 8 Name: Address:/G j �— C-';CA X(f�� Address: 3 Name: �: �'l,l�'�iJ� �� i � 9 Name: Address: x., "Y ; {..(. Address: 4 Name: � L t3P, '` 10 Name: r. Address:` J k r rI�i�.1._� Address: Name: G i ; Name: Address: 11C `5 Address: +'F 6 Namz)ek ! VZ5,� 12 Name: Address: )0 1�Y G '.Q Address: H:1File Sys',.BPW - Development Services Applications fka BPW%sign in sheet code compliance.doc SR08-0350 / 1&�55 125th Ave SE Inspector: Marilyn Kamcheff Initial Investigation: 03/11/08 Determination: Multiple Violations ReQuestor: Steve Perkins Tel: 425-226-8448 Status: OTC Violator: Robin D. Miller 1814 SE 21st PI Renton WA 98055 Tel 425-271-0959 SR Opened: 03/05/08 SR Closed: Owner: Miller Robin D 1814SE21stPI Renton WA Tel: 425-271-0959 Description: House is "quite a dump." Vacant "for many years." Roof falling in. Tagged trailer. Downed trees. Rats on property. Existing issue with King County Code Enforcement, ref# E07-00024 Requesting callback re: What can be done on this issue? Activity Summary 0310512008: Received by Inspector/ Received From Received via 7373 Message Line 0311112008: Inspection / Confirmed Violation There is a recreational vehicle trailer that is not road worthy. The front "seam" where the side and front come together is split apart and shows considerable damage. Windows in the RV are broken out. The house has tarps on the roof and the windows boarded. Appears to be an unfit building. 0311812008: Issued Order to Correct / Mail Ref. attached OTC Information 0311812008: Issued tinder to Correct / Mail Ref. attached OTC Information 0311812008: Contact WIth Requestor/Telephone I left a message for Steve Perkins advising him that we were meeting as a group to work on this house and probably an order to correct would go out later this week. 0311812008: Received by Inspector / Diary log item REQUESTOR CALLED REQUESTING AN UPDATE 0411612008: Contact With Requestor / Telephone Requestor left a message on the 7373 line requesting callback with the status of this issue. 04121 /2008: Inspection / Diary log Item Email from Suzanne Dale Estey: I think this one has already come your way but if not, pis. let me know — at 16855 125th Avenue SE in Cascade/Benson there is a property that is apparently a mess. A resident, Steve Perkins, complained about it at the Cascade Shopping Center public meeting last week and another resident said they were working with you on it. Could you please call Steve at 425-226-8448 and simply update him as to the status and what the City is doing to help? Thanks much -- reply: Paul left a message for Steve Perkins on 4117108 concerning this property. The compliance date is 4123/08. As soon as I can get caught up from being gone a week (+) I'll take a look at it. ) ),e r. lojt f"CA-EAV -e 5 �1 0511212008: Contact Uthth Violatorl Telephone 15:18 Hrs. I called Mr. Robin D. Miller and explained that I had sent him OTC's and hadn't heard from him. He said he was "in a state of shock" from my last letter, dated 5108/08, because it mentioned criminal citation. I explained to him that my choices are limited when a property owner does not respond to the OTC. He kept saying he was "in a state of shock" and that he'd owned the property for many years and why "all of a sudden" is the City of Renton interested in it? explained that his property was in the Benson Hill annexation area that became effective on 311/08, and that the City of Renton Ordinances and Codes were different than the county's. I advised him that most of our codes are criminal and that to ignore our letters makes it difficult for us to avoid legal avenues. He said he did not have the money to "rush in and fix up this house in the time frame that was required." I advised him that the first letter was sent on March 18 2008.. and delivered to him on March 22, 2008, with a compliance date of April 23rd and that he had made no effort to contact our office. He said he wanted to know what he could do about getting more time to "fix up the house." I advised him he needed to have a letter addressed to me on my desk by Friday, May 16, 2008. CO8-0182 - dated March 18, 2008, delivered 3122/08 at 2:14 p.m. 05/1212008: Contact With Violator/Telephone 15:18 Mrs. Mr. Miller was advised that he would need to have a letter to me by the compliance date of the follow up letter (5127/08) explaining what his plans were to clean up this property and remove the trailer hulk. He said he didn't want to get rid of the trailer and I advised him he could not keep any vehicle that is not road worthy stored on residential property. He said he was "in a state of shock" over the letter I had sent him and he couldn't understand how the City could make him get rid of his property. I explained that the City's rules are different than the county's and that our codes are criminal and carry a much stronger penalty. CR8-0183, dated 3118108 - delivered 3122108 at 2:14 p.m. 0511512008: Contact k9lth Violator/Diary log Item Mr. Miller came into the office with a letter refuting the charges as listed in the OTC. He said he did not consider the wrecked Shasta Trailer to be bulky waste and he planned on repairing it for sale. He said he would "license" it and then it would be legal. I advised him in the condition the trailer was at the time of my inspection it could not be legalized by licensing it that it must be road worthy and the obvious damage (see photos) repaired. Mr. Miller also challenged the City's assessment that the house was an unfit building. He did say there was considerable rot on the inside that they have been working on to fix and that the roof has leaked for years and that they replace the tarp periodically. questioned what his long term goal for the property was and he said he wanted to "repair the house and rent it." I advised him that with the size property he owned renting it could be challenging because of our vehicle parking restrictions. 1 offered him the hand out on how to short plat property. He requested a time extension of 60 days to take care of the trailer and rat habitat. His request was granted. He was advised that he would either have to have plans to repair/rebuilt the house at the end of 60 days or we would go forth with the abatement of an unfit building. 0711712008: Contact Mth Violator/ Diary log Item The house was posted today for abatement. Pictures attached. A case report was sent to PD for a citation for the bulky waste. 0712912008: Contact KIM Violator/Diary log Item A letter was sent via delivery confirmation to Mr. Miller advising him the abatement hearing had been canceled. USPO track and confirm indicates the letter was delivered on 7131/08 at 12:21 PM 0810112008: Contact With Violator / Diary log item Mr. Miller hand delivered a letter addressed to Neil Watts, director, and cc'd to me wanting to "appeal" the hearing process. 08104I2008: Inspection / Diary log Item email to division director Neil Watts: Robin Miller was sent a letter via delivery confirmation on 7/29108 advising him that the hearing had been Canceled and he would be notified when it was rescheduled. The letter was delivered at 12:21 on 7131. He presented his letter to our front counter after 3 p.m. on 7/31. At the present moment the Miller abatement violation and a citation for the bulky waste are at the lawyers. Marilyn 0810512008: Inspection / Diary log Item was in attendance at the National Night Out sponsored by the Police Dept. This year held at the Benson Cascade Shopping Area. A primary function of being in attendance was to answer questions about the City's codes and also talk to property owners. While there for 3 hours I was questioned by six different individuals concerning "that dump of a house on 125th." My response was that we were trying to work with the property owner to bring the property into compliance. 0811412008: Inspection / Diary log Item Email to Wilkinson, PD, about case report I just dropped off a case report requesting a citation for "Keeping A Public Nuisance" at the 2nd floor front counter. included a complete copy with the originals. This cite is one that Mark Barber requested be written. Any chance a ticket could be delivered the same time the Amended Notice for abatement is done on 8121? Thanks for your help. mjk 0812112008: Inspection / Diary log Item Officer James Gould picked up the Amended Complaint for Untif Dwellings at 12:52 Hrs. to hand deliver to violator Robin D. Miller. Officer Gould also took a copy of the Amended Complaint to post on the property. 0812112008: Inspection / Diary log Item File folders with all paperwork were prepared for Neil Watts, Division Director and Mark Barber, City Attorney. 0812112008: Contact filth Violator/Diary log Item An Amended Complaint was sent to Robin D Miller, violator, via regular USPO mail and also by certified mail, # 7006 2150 0000 0337 0606. Copy of the file was delivered to Neil Watts. 0911012008: Inspection / Diary log Item Return receipt cards sent to King County Auditor and K.C. Dept. of Dev. & Environmental Services have been returned. Certified, return receipt requested card sent to Robin Miller has not been returned and USPS Tracking Services states there is no record of this item. 0911112008: Inspection / Diary log Item 10:30 Hrs. I made an on site inspection. The house remains in the same condition as it was when I did my first inspection. Pictures were taken. RelatedOTC's: _ OTC# C08-0182 Status OTC Investigated Mar-11-2008 issued Mar-18-2008 Comply -by Date Jul-15-2008 Infraction Type Multiple Violations Description Unfit Building OTC# C08-0183 Status OTC Investigated Mar-11-2008 Issued Mar-18-2008 Comply -by Date Jul-15-2008 Infraction Type Multiple Violations Description Bulky Waste & Rat Habitat Project: SR08-0350 #38 - Taken on 9111108 by M. Kamcheff Project: SR08-0350 ##39 - Taken on 9/11108 by M. Kamcheff 11 to _may. S„ ,di jrg � i 1 J Project: SR08-0350 #40 - Taken on 9/11/08 by M. Kamcheff I 0 F { - �� wi ' -.Pi - M'� H•� .�.A :. C' ,. f �... -. y ' �f � w .R '� � w • � � w� w . f � 44� - ,7' Project: SR08-0350 #42 - Taken on 9/11108 by M. Kamcheff �. � � , ?"'� � �k - rf.�;°%',rr�^r gyp► - .�,. o ''S /�• .tf + �i� 1 _ !lJ}yb - y_ �.Jk FA" A ' Y' .. LS1: s c Fig I�I ♦ ` L 1•�rt'ilii ri� r r 1 Y .0 R)+ Denis Law, Mayor IN AUGUST 21, 2008 MAILED TO: SUBJECT: SUBJECT'S COMMON ADDRESS: CITY F RENTON Department of Community and Economic Development Alex Pietsch, Administrator AMENDED COMPLAINT FOR UNFIT DWELLINGS BUILDINGS AND STRUCTURES RMC 1-3-5 PROPERTY TAX PARCEL NUMBER: HAND DELIVERED REGULAR AND CERTIFIED MAIL RECEIPT # 7006 2150 0000 0337 0606 POSTED ON PROPERTY 08/21/08 ROBIN D. MILLER 1814 SE 21 ST PL RENTON, WA 98055 SR08-0350 OTC C08-0183 16855 125T" AVE SE, RENTON, WA. 1432400135 LEGAL DESCRIPTION: LOT 27, BLOCK 1, CASCADE VISTA ACCORDING TO PLAT THEREOF RECORDED IN VOLUME 60 OF PLATS, PAGES 33 THROUGH 35, RECORDS OF KING COUNTY, WASHINGTON THE CITY OF RENTON HAS DETERMINED THE DWELLING, BUILDING AND STRUCTURE LOCATED ON KING COUNTY ASSESSOR'S TAX PARCEL NUMBER 1432400135 AND WHOSE COMMON ADDRESS IS 16855 125TH AVE SE, RENTON, WA, IS AN "UNFIT BUILDING" AS SET FORTH IN RENTON MUNICIPAL CODE SECTION (RMC) 1-3-5. UNFIT DWELLINGS IN THE CITY OF RENTON THAT ARE UNFIT FOR HUMAN HABITATION AND BUILDINGS AND STRUCTURES THAT ARE UNFIT FOR OTHER USES DUE TO DILAPIDATION, DISREPAIR, STRUCTURAL DEFECTS, DEFECTS INCREASING THE HAZARDS OF FIRE, ACCIDENTS OR OTHER CALAMITIES, INADEQUATE VENTILATION, INADEQUATE LIGHT OR SANITARY FACILITIES, INADEQUATE DRAINAGE, OVERCROWDING, OR DUE TO OTHER CONDITIONS THAT ARE INIMICAL TO THE HEALTH AND WELFARE OF THE RESIDENTS OF THE CITY OF RENTON. IT IS 1055 South Grady � Way - Renton, Washington 98057 lF.J I 7hic 141",..c, ­­—t—ivl qn-1 RENTON AHEAD fir Tf4f CURVE FURTHER THE PURPOSE OF THIS SECTION OF THE RENTON MUNICIPAL CODE TO PROVIDE A MEANS OF DEMOLISHING STRUCTURES HEAVILY DAMAGED BY FIRE, WEATHER, EARTH MOVEMENT OR OTHER CAUSES, WHICH HAVE BEEN ALLOWED TO SIT IN THE DAMAGED CONDITIONS WITHOUT REPAIR FOR AN EXTENDED PERIOD OF TIME AS SET FORTH IN THIS ORDINANCE. CITY OF RENTON BUILDING CODE COMPLIANCE INSPECTORS INSPECTED THE DWELLING, BUILDING AND STRUCTURE AT 16855 125TH AVE SE, RENTON WA. AND FOUND THIS DWELLING, BUILDING AND STRUCTURE IS UNFIT, SUBSTANDARD, BOARDED -UP AND UNFIT FOR USE AS A DWELLING, IN THAT IT LACKED THE COMPONENTS OF A LIVABLE DWELLING, AND THAT IT IS UNFIT FOR USE AS A DWELLING, BUILDING OR STRUCTURE, IN THAT IT HAD THE FOLLOWING' CONDITIONS. 1) NO SANITARY SERVICE 2) NO WATER SERVICE 3) NO ELECTRICAL SERVICE 4) SEVERE ROOF DAMAGE AND/OR DISREPAIR OR DILAPIDATION WITH OBVIOUS DRY ROT THE CITY OF RENTON PROVIDED YOU A WRITTEN ORDER TO CORRECT ON MARCH 18, 2008, ADVISING YOU THIS DWELLING, BUILDING AND STRUCTURE WAS IN VIOLATION OF RENTON MUNICIPAL CODE 1-3-5, AS DEFINED BY 1-3-4 11 C.22. THE COMPLIANCE DATE ON YOUR ORDER TO CORRECT WAS JULY 15, 2008. AFTER WAITING FOR YOU OR -YOUR REPRESENTATIVE TO CONTACT THE CITY OF RENTON OR FOR YOU TO CORRECT THE VIOLATIONS IN A MANNER APPROVED IN THE APPLICABLE CODES, YOU HAVE FAILED TO OBTAIN PERMITS AND/OR TO CORRECT THE DESCRIBED VIOLATIONS. CORRECTIVE ACTION: THE UNFIT DWELLING, BUILDING AND STRUCTURE SHALL BE ABATED BY REPAIR, REHABILITATION, OR DEMOLITION AND REMOVAL. YOU OR YOUR LICENSED CONTRACTOR MUST OBTAIN PERMITS FROM THE CITY OF RENTON TO REPAIR THE VIOLATIONS THAT RENDER THE DWELLING, BUILDING AND STRUCTURE AT 16855 125TH AVE SE, RENTON, WA, UNFIT. AFTER THE REPAIRS OR REHABILITATION HAVE BEEN COMPLETED, CONTACT THE CITY OF RENTON, TO ARRANGE FOR INSPECTIONS. DO NOT COVER ANY OF THE REPAIRS SO THAT THE BUILDING INSPECTORS MAY VIEW THE COMPLETED REPAIRS. IN THE EVENT THAT FURTHER CORRECTIONS ARE REQUIRED, THOSE CORRECTIONS MUST BE COMPLETED, INSPECTED AND APPROVED PRIOR TO THE REPAIRED AREAS BEING COVERED, OR: 2 OBTAIN A DEMOLITION PERMIT FROM THE CITY OF RENTON FOR THE REMOVAL OF THE DWELLING, BUILDING AND STRUCTURE AND SUBSEQUENT RESTORATION OF THE PROPERTY BY GRADING OR FILL. FEES AND COSTS TO BE PAID BY PROPERTY OWNER AS PERMITTED BY RMC 1-3-5 I. 1, 2, 3, 4, AND 5: ACTUAL COSTS AND EXPENSES WILL BE ASSESSED IN ACCORD WITH THE PROVISIONS OF THIS SECTION, INCLUDING THE COST OF REPAIRS, ALTERATIONS, IMPROVEMENTS, VACATING AND CLOSING, REMOVAL AND/OR DEMOLITION. ACTUAL COSTS SHALL INCLUDE THE COSTS OF STAFF TIME, INCLUDING OVERHEAD, CONTRACTED ENGINEERING FEES OR CONSULTANTS' FEES, RELOCATION ASSISTANCE PAYMENTS INCLUDING INTEREST AND PENALTIES, AND ANY ATTORNEY'S FEES INCURRED IN HAVING THE DWELLING, BUILDING OR STRUCTURE DECLARED UNFIT, IN ANY HEARING BEFORE THE DIRECTOR OR HEARING EXAMINER, OR IN SUPERIOR COURT OBTAINING ANY WARRANT FOR ENTRY OR ORDER OF ABATEMENT. 2. THE COSTS OF ABATEMENT, REPAIR, ALTERATION OR. IMPROVEMENT, OR VACATING AND CLOSING OR REMOVAL OR DEMOLITION, WHEN BORNE BY THE CITY, SHALL BE ASSESSED AGAINST THE REAL PROPERTY UPON WHICH SUCH COSTS WERE INCURRED AS A LIEN UNLESS PAID. 3. BIDS FOR DEMOLITION SHALL BE LET ONLY TO A LICENSED CONTRACTOR. THE CONTRACT DOCUMENTS SHALL PROVIDE THAT THE VALUE OF THE MATERIALS AND OTHER SALVAGE OF THE PROPERTY SHALL BE CREDITED AGAINST THE COSTS OF THE DEMOLITION. THE CONTRACT DOCUMENTS MAY REQUIRE BIDDERS TO ESTIMATE THE SALVAGE VALUE OF THE PROPERTY AND, BY CLAIMING THE SALVAGE, REDUCE THE AMOUNT OF HIS BID ACCORDINGLY. SUCH BIDS MAY BE LET PRIOR TO THE TIME FOR COMPLIANCE OR APPEAL BUT SHALL NOT BE BINDING OR ACCEPTED UNTIL THE ORDER FOR DEMOLITION IS FINAL. THE BUILDING OFFICIAL SHALL HAVE THE AUTHORITY TO SIGN THE CONTRACT ON BEHALF OF THE CITY. 4. THERE SHALL BE CHARGED AGAINST THE OWNER AND ASSESSED AGAINST HE PROPERTY OF ANY BOARDED -UP BUILDING AN ANNUAL INSPECTION FEE OF $250.00. SUCH FEE SHALL BE PAYABLE AT THE TIME THE BUILDING BECOMES A BOARDED -UP BUILDING. THE HEARING EXAMINER OR DIRECTOR SHALL ORDER A REFUND OF THE PROPORTIONAL AMOUNT NOT DUE IF THE BUILDING IS REOCCUPIED OR DEMOLISHED. SUBSEQUENT ANNUAL FEES SHALL BE PAYABLE ON OR BEFORE THE TIME THE PRECEDING ANNUAL FEE HAS BEEN EXHAUSTED. 3 5. IN ADDITION TO ACTUAL ABATEMENT COSTS, THE FOLLOWING ADMINISTRATIVE FEES SHALL BE ASSESSED AND COLLECTED IN THE SAME MANNER. - A. WHERE ABATEMENT IS ACCOMPLISHED PRIOR TO DIRECTOR HEARING: $300.00; PROVIDED, THE BUILDING OFFICIAL MAY WAIVE THESE FEES IF ABATEMENT IS COMPLETE 48 HOURS PRIOR TO A DIRECTOR HEARING; B. WHERE ABATEMENT IS ACCOMPLISHED SUBSEQUENT TO OR LESS THAN 48 HOURS PRIOR TO A DIRECTOR HEARING: $1,500; C. WHERE ABATEMENT IS ACCOMPLISHED FOLLOWING BREACH OF AN AGREEMENT OR UNDERSTANDING BETWEEN A PROPERTY OWNER AND BUILDING OFFICIAL, DIRECTOR, OR HEARING EXAMINER: $3,000; D. WHERE THE ABATEMENT IS ACCOMPLISHED BY THE CITY FOLLOWING HEARING OR DEFAULT OF THE PROPERTY OWNER: $3,000, HEARING: AN APPEAL HEARING IN THE ABOVE MATTER HAS BEEN SCHEDULED WITH DEVELOPMENT SERVICES DIRECTOR, NEIL WATTS, FOR THURSDAY, SEPTEMBER 11, 2008, AT 1 P.M. THE HEARING WILL TAKE PLACE IN THE COUNCIL CHAMBERS ON THE SEVENTH FLOOR OF RENTON CITY HALL, LOCATED AT 1055 S GRADY WAY, RENTON, WA. ALL PARTIES IN INTEREST SHALL BE GIVEN THE RIGHT TO FILE AN ANSWER TO THIS COMPLAINT AND TO APPEAR IN PERSON OR OTHERWISE GIVE TESTIMONY AT THE TIME AND PLACE FIXED HEREINABOVE IN THIS COMPLAINT. ANY ANSWER TO THIS COMPLAINT SHOULD BE FILED WITH: NEIL WATTS, DEVELOPMENT SERVICES DIRECTOR, RENTON CITY HALL, 1055 S GRADY WAY, RENTON, WA 98057- 3232. TELEPHONE NUMBER 425-430-7218. BY: B ILDING OFFICIAL LARRY A. MECKING 0 DATE TIME COPIES MAILED TO: KING COUNTY DEPARTMENT OF DEVELOPMENT AND ENVIRONMENTAL SERVICES ATTN: DIEDRE ANDRUS 900 OAKESDALE AVE SW RENTON, WA 98055-1219 CERTIFIED MAIL RECEIPT #7006 2150 0000 0337 0651 DEPT. OF RECORDS AND ELECTIONS COUNTY AUDITOR CHERYLE A. BROOM 516 THIRD AVE N ROOM N-1033 SEATTLE, WA. 98101 CERTIFIED MAIL RECEIPT #7006 2150 0000 0337 0668 5 CITY OF RENTON COUNTY OF KING, STATE OF WASHINGTON CITY OF RENTON, Plaintiff, ) vs. } ROBIN MILLER, } } Defendant(s). ) NO. S-ko - 0 3`5() DECLARATION OF SERVICE [PRINT NAME], 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 `_` CCU r�-(_ & I ) -aC (':� [PRINT MONTH, DAY AND YEAR] at ri [PRINT TIME OF SERVICE AND AM OR PM}, I caused a copy of the following document(s): AMENDED COMPLAINT FOR UNFIT DWELLING, BUILDING AND STRUCTURE, 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]: s I/ U.S. Postal Service, first class mail, postage prepaid and certified mail, with return receipt requested, postage prepaid • 0- -?00' 91,50 ocloo 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: rt v-54 :s� M I _ re ; . 4,e I j4, rj EXECUTED at E' 7 [city], Washington, this/ day of Ltck try [month], 20 6 V[year]. [SIGN] Decla t Postage $ CeRitied Fee Return Receipt Fen (Endorsement Required) Restricted Delivery Fee (Endcrsomert negvired) O Ln ,1 Total Postage & Fees $ R] Postmark Here sent 10 : ) d 1 _k- Sneer, .npr. fVu, O or PO Box No city, Stale, _z1P-* t-C/� j-• .•_.•• :�rV�t 2006� d CITY OF RENTON COUNTY OF KING, STATE OF WASHINGTON CITY OF RENTON, Plaintiff, } ) Vs. ROBIN MILLER, ) Defendant(s). ) NO. _-5J� 0,S- 0 3 S 0 DECLARATION OF SERVICE Lo 4r3 j L-y [PRINT NAME], 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[PRINT MONTH, DAY AND YEAR] at [PRINT TIME OF SERVICE AND AM OR PM}, I caused a copy of the following document(s): AMENDED COMPLAINT FOR UNFIT DWELLING, BUILDING AND STRUCTURE, 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]: kvV l C /t� j-40#.1 a i (Q —r� i r J Q fir'. N _ ' ooh, Al- yo_� U.S. Postal Service, first class mail, postage prepaid and certified mail, with return receipt requested, __7 0 0 (0 _ '�) 1,E-.0 60 — 037—:5', &( , ie postage prepaid _ 00 jr 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 �j — . [city], Washington, this at day of [month], 2009/[year]. [SIGN'� cc 3 _n _n 7. M;"��Jnforrnation visit dUr wiebsitest wwwuspsxamp C2 U rn Postage $ M — Cei-tifiad Fee M Postmark M Noturr, Receipt Fee 0(Fadvsernont Acquired}Here IM Hest(jrned rnOeliveryZ)e F (Endorseeid z redqu Ln rzi Total Postage & Fees $ ru -- — --­-----------­-------- ------------------- r'_ I or PO L3ox nrn.Ag ay, stare,'Z� P, 4 -gust 2006 See Revcrs�e lot ImstrucOons 4 CITY OF RENTON COUNTY OF KING, STATE OF WASHINGTON CITY OF RENTON, Plaintiff, } vs. } } ROBIN MILLER, } Defendant(s), ) NO. 5 p-o u 6 -?> Sd DECLARATION OF SERVICE c__c ^ [PRINT NAME], 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 G [PRINT MONTH, DAY AND YEAR] at [PRINT TIME OF SERVICE AND AM OR PM), I caused a copy of the following document(s): AMENDED COMPLAINT FOR UNFIT DWELLING, BUILDING AND STRUCTURE, 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]: ,p-I G Cr v; ,(e, 5uc S f V i! U.S. Postal Service, first class mail, postage prepaid and certified mail, with return receipt requested, postage pre id 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 -7� �¢ , ) [city], Washington, this a I day of [month], 20 G�r[year]. [SIGN] 9-?CL Declar 6 t m nYeq Information visit our website at wwwuspaxamll M M Postage S Cerlitied Fee d Postmark p Rctdm Receipt Fee Here �ndorsement Required) O gestricted Delivery Fee (Ein,lersoment Required) O Lrl r-q lotal Postage & Fees s ru ( e . M ,fC,' r, ..........., ii PC) -----------------' !p ----b1 zd i r:rry, ware, 2rA+4 i �<-S i O FIRE DEPARTMENT M E M D R A N D U M DATE: 8/17/08 TO: Marilyn Kamcheff CC: Chief Bill Flora FROM: David Pargas, Assistant Fire Marshal STAFF CONTACT: 425-433-7023 SUBJECT: Code Enforcement Inspection At 16855 —125" Ave SE On August 7, 2008 I met you and several City of Renton Police Officers at 16855 — 125"' Avenue SE. A search warrant was served on this location so that an inspection of this premise could be conducted. As a result of any inspection I found a building in which the roof is collapsing in at several locations, exterior walls are deteriorating, and the floors are missing in areas. There is exposed electrical; however there is no power to the building at this time. The electrical is designed to be plugged into a generator. Upon completing the inspection I conducted a review of the 2006 International Fire Code to determine if there were sections of this code that were applicable to this Code Enforcement case. It is my opinion that section 110.1.2, 110.3 and 110A regarding unsafe buildings are applicable to this building. In addition I believe that sections 311.1, 311.2, 311.3, and 311.5 through 311.5.4 are applicable to this case. A copy of section 110 and section 311 shall accompany this report. Please feel free to contact me if you have any further questions regarding my comments. i:lcity rnemosl]6855 - 125th ave se unsafe build ing.doc I SECTION 109 VIOLATIONS 109.1 Unlawful acts. It shall be unlawful for a person. lirm or corporation to erect, construct, alter, repair, remove, demolish or utilize a building, occupancy, premises or system regulated by this code, or cause same to be done, in conflict with or in Vio- lation of any of the provisions of this code. 109.2 Notice of violation. When the fire code official finds a building, premises, vehicle, storage facility or outdoor area that is in violation of this code, the fire code official is authorized to prepare a written notice of violation describing the conditions deemed unsafe and, when compliance is not immediate, speci- fying a time for reinspection. 109.2.1 Service. A notice of violation issued pursuant to this code shall be served upon the owner, operator, occu- pant, or other person responsible for the condition or viola- tion, either by personal service, mail, or by delivering the same to, and leaving it with, some person of responsibility upon the premises. For unattended or abandoned locations, a copy of such notice of violation shall be posted on the pre- mises in a conspicuous place at or near the entrance to such premises and the notice of violation shall be mailed by certi fied mail with return receipt requested or a certificate of mailing, to the last known address of the owner, occupant or both. 109.2.2 Compliance with orders and notices. A notice of violation issued or served as provided by this code shall be complied with by the owner, operator, occupant or other person responsible for the condition or violation to which the notice of violation pertains. 109.2.3 Prosecution of violations. If the notice of violation is not complied with promptly, the fire code official is autho- rized to request the legal counsel of the jurisdiction to insti- tute the appropriate legal proceedings at law or in equity to restrain, correct or abate such violation or to require removal or termination of the unlawful occupancy of the structure in violation of the provisions of this code or of the order or direction made pursuant hereto. 109.2.4 Unauthorized tampering. Signs, tags or seals posted or affixed by the fire code official shall not be muti- lated, destroyed or tampered with or removed without authorization from the fire code official. 109.3 Violation penalties. Persons who shall violate a provi- sion of this code or shall fail to comply with any of the require- ments thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or direc- tive of the fire code official, or of a permit or certificate used under provisions of this code, shall be guilty of a [SPECIFY OFFENSE], punishable by a fine of not more than [AMOUNT] dol- lars or by imprisonment not exceeding [NUMBER of DAYS], or both such fine and imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense. 109.3.1 Abatement of violation. In addition to the imposi- tion of the penalties herein described, the fire code official is authorized to institute appropriate action to prevent unlaw- ful construction or to restrain, correct or abate a violation; or ADMINISTRATION to prevent illegal occupancy of a structure or premises; or to stop an illegal act, conduct of business or occupancy of a structure on or about any premises. SECTION 110 UNSAFE BUILDINGS 110.1 General. If during the inspection of a premises, a build- ing or structure or any building system, in whole or in part, con- stitutes a clear and inimical threat to human life, safety or health, the fire code official shall issue such notice or orders to remove or remedy the conditions as shall be deemed necessary in accordance with this section and shall refer the building to the building department for any repairs, alterations, remodel- ing, removing or demolition required. 110.1.1 Unsafe conditions. Structures or existing equip- ment that are or hereafter become unsafe or deficient because of inadequate means of egress or which constitute a fire hazard, or are otherwise dangerous to human life or the public welfare, or which involve illegal or improper occu- pancy or inadequate maintenance, shall be deemed an unsafe condition. A vacant structure which is not secured against unauthorized entry as required by Section 311 shall be deemed unsafe_ 110.1.2 Structural hazards. When an apparent structural hazard is caused by the faulty installation, operation or mal- function of any of the items or devices governed by this code, the fire code official shall immediately notify the building code official in accordance with Section 110.1. 110.2 Evacuation. The fire code official or the fire department official in charge of an incident shall be authorized to order the immediate evacuation of any occupied building deemed unsafe when such building has hazardous conditions that present imminent danger to building occupants. Persons so notified shall immediately leave the structure or premises and shall not enter or re-enter until authorized to do so by the fire code offi- cial or the fire department official in charge of the incident. 110.3 Summary abatement. Where conditions exist that are deemed hazardous to life and property, the fire code official or fire department official in charge of the incident is authorized to abate summarily such hazardous conditions that are in viola- tion of this code. 110.4 Abatement. The owner, operator, or occupant of a build- ing or premises deemed unsafe by the fire code official shall abate or cause to be abated or corrected such unsafe conditions either by repair, rehabilitation, demolition or other approved corrective action. SECTION 111 STOP WORK ORDER 111.1 Order. Whenever the fire code official finds any work regulated by this code being performed in a manner contrary to the provisions of this code or in a dangerous or unsafe manner, the fire code official is authorized to issue a stop work order, 111.2 Issuance. A stop work order shall be in writing and shall be given to the owner of the property, or to the owner's agent, or 2006 INTERNATIONAL FIRE CODEO 11 ADMINISTRATION to the person doing the work. Upon issuance of a stop work order, the cited work shall immediately cease. The stop work order shall state the reason for the order, and the conditions under which the cited work is authorized to resume. 111.3 Emergencies. Where an emergency exists, the fire code official shall not be required to give a written notice prior to stopping the work. 111.4 Failure to comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a vio- lation or unsafe condition, shall be liable to a fine of not less than [AMOUNT] dollars or more than [AMOUNT] dollars. 12 2006INTERNATIONAL FIRE CODE® A viced. They shall not be transported or carried while burning. 308.6.5 Fire protection. The person preparing the flaming foods or beverages shall have a wet cloth towel immediately available for use in smothering the flames in the event of an emergency. SECTION 309 POWERED INDUSTRIAL TRUCKS AND EQUIPMENT 309.1 General. Powered industrial trucks and similar equip- ment including, but not limited to, floor scrubbers and floor buffers, shall be operated and maintained in accordance with. this section. 309.2 Battery chargers. Battery chargers shall be of an approved type. Combustible storage shall be kept a minimum of 3 feet (915 mm) from battery chargers. Battery charging shall not be conducted in areas accessible to the public. 309.3 Ventilation. Ventilation shall be provided in an approved manner in battery -charging areas to prevent a dangerous accu- mulation of flaminable gases. 309.4 Fire extinguishers. Battery -charging areas shal I be pro- vided with a fire extinguisher complying with Section 906 hav- ing a minimum 4-A:20-B:C rating within 20 feet (6096 n)m) of the battery charger. 309.5 Refueling. Powered industrial trucks using liquid fuel, LP -gas or hydrogen shall be refueled outside of buildings or in areas specifically approved for that purpose. Fixed fuel -dis- pensing equipment and associated fueling operations shall be in accordance with Chapter 22. Other fuel -dispensing equip- ment and operations, including cylinder exchange: for LP -gas -fueled vehicles, shall be in accordance with Chapter 34 for flammable and combustible liquids or Chapter 38 for LP -gas. 309.6 Repairs. Repairs to fuel systems, electrical systems and repairs utilizing open flame or welding shall be done in approved locations outside of buildings or in areas specifically approved for that purpose. SECTION 310 SMOKING 310.1 General. The smoking or carrying of a lighted pipe, cigar, cigarette or any other type of smoking paraphernalia or material is prohibited in the areas indicated in this section. 310.2 Prohibited areas. Smoking shall be prohibited where conditions are such as to make smoking a hazard, and in spaces where flammable or combustible materials are stored or han- dled. 310.3 "No Smoking" signs. The fire code official is authorized to order the posting of "No Smoking" signs in a conspicuous location in each structure or location in which smoking is pro- hibited_ The content, lettering, size, color and location of required "No Smoking" signs shall be approved. GENERAL PRECAUTIONS AGAINST FIRE 0 310.4 Removal of signs prohibited. A posted "No Smoking" sign shall not be obscured, removed, defaced, mutilated or destroyed. 310.5 Compliance with "No Smoking" signs. Smoking shall not be permitted nor shall a person smoke, throw or deposit any lighted or smoldering substance in any place where "No Smok- ing" signs are posted. 310.6 Ash trays. Where smoking is permitted, suitable noncombustible ash trays or match receivers shall be provided on each table and at other appropriate locations_ 310.7 Burning objects. Lighted matches, cigarettes, cigars or other burning object shall not be discarded in such a manner that could cause ignition of other combustible material. 310.8 Hazardous environmental conditions. When the fire code official determines that hazardous environmental condi- tions necessitate controlled use of smoking materials, the igni- tion or use of such materials in mountainous, brush -covered or forest -covered areas or other designated areas is prohibited except in approved designated smoking areas. SECTION 311 VACANT PREMISES 311.1 General. Temporarily unoccupied buildings, structures, premises or portions thereof, including tenant spaces, shall be safeguarded and maintained in accordance with this section. 311.1.1 Abandoned premises. Buildings, structures and premises for which an owner cannot be identified or located by dispatch of a certificate of mailing to the last known or registered address, which persistently or repeatedly become unprotected or unsecured, which have been occupied by unauthorized persons or for illegal purposes, or which pres- ent a danger of structural collapse or fire spread to adjacent properties shall be considered abandoned, declared unsafe and abated by demolition or rehabilitation in accordance with the International Property Maintenance Code and the International Building Code. 311.1.2 Tenant spaces. Storage and lease plans required by this code shall be revised and updated to reflect temporary or partial vacancies. 311.2 Safeguarding vacant premises. Temporarily unoccu- pied buildings, structures, premises or portions thereof shall be secured and protected in accordance with this section. 311.2.1 Security. Exterior openings and interior openings accessible to other tenants or unauthorized persons shall be boarded, locked, blocked or otherwise protected to prevent entry by unauthorized individuals. 311.2.2 Fire protection. Fire alarm, sprinkler and standpipe systems shall be maintained in an operable condi- tion at all times. Exceptions: 1, When the premises have been cleared of all com- bustible materials and debris and, in the opinion of the fire code official, the type of construction, fire separation distance and security of the premises do not create a fire hazard_ 2006 INTERNATIONAL FIRE CODE° 31 GENERAL PRECAUTIONS AGAINST FIRE co 2. Where buildings will not be heated and fire protec- tion systems will be exposed to freezing tempera- tures, fire alarm and sprinkler systems are permitted to be placed out of service and standpipes are permitted to be maintained as dry systems (without an automatic water supply) pro- vided the building has no contents or storage, and windows, doors and other openings are secured to prohibit entry by unauthorized persons. 311.2.3 Fire separation. Fire -resistance -rated partitions, fire barriers, and fire walls separating vacant tenant spaces from the remainder of the building shall be maintained. Openings, joints, and penetrations in fire -resistance -rated assemblies shall be protected in accordance with Chapter 7. 311.3 Removal of combustibles. Persons owning, or in charge or control of, a vacant building or portion thereof, shall remove therefrom all accumulations of combustible materials, flam- mable or combustible waste or rubbish and shall securely lock or otherwise secure doors, windows and other openings to pre- vent entry by unauthorized persons. The premises shall be maintained clear of waste or hazardous materials. Exceptions: 1. Buildings or portions of buildings undergoing addi- tions, alterations, repairs, or change of occupancy in accordance with the International Building Code, where waste is controlled and removed as required by Section 304. 2_ Seasonally occupied buildings. 311.4 Removal of hazardous materials. Persons owning or having charge or control of a vacant building containing haz- ardous materials regulated by Chapter 27 shall comply with the facility closure requirements of Section 2701.6. 311.5 Placards. Any building or structure determined to he unsafe pursuant to Section 110 of this code shall be marked as required by Sections 311.5.1 through 311.5.5. 311.5.1 Placard location. Placards shall be applied on the front of the structure and be visible from the street. Addi- tional placards shall be applied to the side of each entrance to the structure and on penthouses. 311.5.2 Placard size and color. Placards shall be 24 inches by 24 inches (610 mm by 610 mm) in size with a red back- ground, white reflective stripes and a white reflective bor- der. The stripes and border shall have a 2-inch (51 mm) stroke. 3115.3 Placard date. Placards shall bear the date of their application to the building and the date of the most recent inspection. 311.5.4 Placard symbols. The design of the placards shall use the following symbols: 1. ❑ This symbol shall mean that the structure had nor- mal structural conditions at the time of marking. 2_ N This symbol shall mean that structural or interior hazards exist and interior fire -fighting or rescue oper- ations should be conducted with extreme caution. w 3, NThis symbol shall mean that structural or interior hazards exist to a degree that consideration should be given to limit fire fighting to exterior operations only, with entry only occurring for known life hazards. 311.5.5 Informational use. The use of these symbols shall be informational only and shall not in any way limit the dis- cretion of the on -scene incident commander. SECTION 312 VEHICLE IMPACT PROTECTION 312.1 General. Vehicle impact protection required by this code shall be provided by posts that comply with Section 31.2.2 or by other approved physical barriers that comply with Sec- tion 312.3. 312.2 Posts. Guard posts shall comply with all of the following requirements: L Constructed of steel not less than 4 inches (102 mm) in diameter and concrete filled. 2. Spaced not more than 4 feet (1219 mm) between posts on center. 3_ Set not less than 3 feet (914 mm) deep in a concrete foot- ing of not less than a 15-inch (381 mm) diameter. 4. Set with the top of the posts not less than 3 feet (914 mm) above ground, 5. Located not less than 3 feet (914 mm) from the protected object. 312.3 Other barriers. Physical barriers shall be a minimum of 36 inches (914 mm) in height and shall resist a force of 12,000 pounds (53 375 N) applied 36 inches (914 nun) above the adja- cent ground surface. SECTION 313 FUELED EQUIPMENT 313.1 General. Fueled equipment, including but not limited to motorcycles, mopeds, lawn -care equipment and portable cook- ing equipment, shall not be stored, operated or repaired within a building. Exceptions: L Buildings or rooms constructed for such use in accor- dance with the International Building Code. 2. Where allowed by Section 314, 3. Storage of equipment utilized for maintenance pur- poses is allowed in approved locations when the aggregate fuel capacity of the stored equipment does not exceed 10 gallons (38 L) and the building is equipped throughout with an automatic sprinkler sys- tem installed in accordance with Section 903.3.1.1. 313.1.1 Removal. The fire code official is authorized to require removal of fueled equipment from locations where the presence of such equipment is determined by the fire code official to be hazardous. 32 2006 INTERNATIONAL FIRE CODE® RENTON CODE COMPLIANCE NARRATIVE Address: Violator: RMC Violation: 16855 125Eh Ave SE Renton, WA. 98055 Robin D. Miller 1-3-3 C SR08-0350 C08-0182 Supporting Copy of Order To Correct — C08-0182 Documents: Track and Confirm verification 0307 1790 0002 9827 8184 Follow Up Letter — 05/08/08 Track and Confirm verification 0300 6000 0001 8402 7311 Letter Received from Robin D. Miller - 05/15/08 Response Letter to Robin D. Miller — 05/20/08 Track and Confirm verification 0300 6000 0001 8402 7359 Cancellation letter for Abatement Hearing — 07/29/08 Track and Confirm verification 0300 6000 0001 8402 6260 Letter From Robin D. Miller — 07/31/08 Search Warrant -- 08/06/08 King County Certified Ownership Warranty Deed - Copy Photos — Packet #1— 03/11/08 Photos — Packet #2 — 07/16/08 Photos — Packet 43 — 08/07/08 NARRATIVE: Violation: Keeping and Maintaining a Public Nuisance Renton Municipal Code 1-3-3 C The City of Renton has adopted regulations which governs unkempt, unsafe, unsanitary and otherwise improperly maintained premises and structures, sidewalks and easements within the City create obvious hazards. The code specifically states "it shall be unlawful for any occupant of real property or any person having any ownership or possessory interest therein to permit, suffer, maintain, carry on or allow upon such property or any portion thereof a public nuisance, and any person guilty of a public nuisance shall be guilty of a misdemeanor, punishable pursuant to RMC 1-3-1. An unfit building as defined by 1-34A c (22): Unfit or Abandoned Structure: Any structure, which has been damaged by fire, weather, earth movement, or other causes, and which is not fit for occupation, and has been abandoned or unoccupied by lawful tenants for a period of 90 days; or where the cost of repair exceeds the value of the structure once repaired; or such a damaged structure whose owner shows no intention of completing or making substantial progress on completing such repairs within 90 days. Included within this definition shall be any dwellings which are unfit for human habitation, and buildings, structures , and premises or portions thereof which are unfit for other uses due to dilapidation, disrepair, structural defects, defects increasing the hazards of fire, accidents, or other calamities, inadequate ventilation and uncleanliness, inadequate light or sanitary facilities, in adequate drainage, overcrowding, or due to other conditions which are inimical to the health and welfare of the residents of the City of Renton. Analysis: March 5, 2008: Service Request SR08-0350 was received and assigned to me on March 5, 2008. The nature of the complaint was: "House is "quite a dump." Vacant "for many years." Roof falling in. Tagged trailer. Downed trees. Rats on property. Existing issue with King County Code Enforcement, ref# E07-00024. Requesting callback re: What can be done on this issue? March 11, 2008: An on site inspection was conducted on March 11, 2008, confirming that there were multiple violations on this property. I observed the house on the property addressed at 16855 125 h Avenue SE, parcel Number 1432400135, to be in a state of disrepair. There were shingles missing from the roof, rotted fabric tacked on the roof with wood strips, there was green frayed material secured along the roof line covering the gutter area with exposed roof beams that had obvious dry rot. There were two front windows and boarded -up with plywood. The wall between the boarded windows was sagging. I issued an Order to Correct (OTC) number C08-0182, dated March 18, 2008, sent delivery confirmation # 0307 1790 0002 9827 8184, delivered March 22, 2008, at 2:14 PM, as confirmed by internet U.S.P.O. track and confirm system, requiring the property owner to submit approved building plans for the repair of the dwelling unit. Within ninety (90) days from the date the plans are approved, construction and the required inspections shall be completed and approved. OR apply for a demolition permit to remove the structure. The compliance date was April 23, 2008. Mr. Miller did not respond to the Order to Correct sent on March 18, 2008, with a compliance date of April 23, 2008. 2 May 5 2008: I sent a follow up letter concerning the other violations on this property, bulky waste and rat habitat. May 12, 2008: I returned a call to Mr. Robin D. Miller. He said he was "in a state of shock" over my follow up letter advising him that he was required to have this property brought into compliance in 15 days. Although the letter did not mention the unfit building, Mr. Miller argued that the condition of the house was such that he could repair it. May 15, 2008: Mr. Miller came into the office with a letter refuting the charges as listed in the orders to correct, C08-0182 and C08-0183. Letter is attached. During Mr. Miller's visit to the office we talked about his ability to bring this property into compliance. He indicated that he would like to have an additional 60 days to repair the travel trailer for possible resale and to "continue to work on the house." May 20, 2008: A follow up letter was sent to Mr. Miller listing the City's requirements for the violations listed in his order to correct, C08-0182 and C08-0183. This letter granted Mr. Miller additional time to work on his property. His new compliance date was July 15, 2008. This letter was sent by delivery confirmation 4 0300 6000 0001 8402 7359, delivered May 23, 2008m at 12:34 PM, as confirmed by internet U.S.P.O. track and confirm system. Letter is attached. July 16, 2008: A re inspection of the property notes there have been no changes. The building condition is still in a dilapidated condition, with rotted canvas on the roof, held with wood strips, gutters covered and exposed roof beams with obvious dry rot. It is apparent that there has been no work done on the house. July 17, 2008: A Notice and Order was sent to Robin D. Miller advising him of the City's intention to abate this house. July 29, 2008: This Notice and Order was cancelled. A letter advising Robin D. Miller that the abatement hearing had been canceled was sent via delivery confirmation, 4 0300 6000 0001 8402 6260, delivered July 31, 2008, at 12:21 PM, as confirmed by internet U.S.P.O. track and confirm system. Letter is attached. An amended Notice and Order has been approved by City Attorney Mark Barber and is to be served on August 21, 2008. July 31, 2008: Robin Miller hand delivered a letter to City after 3 PM. He stated he wanted to appeal this action. Letter is attached. August 6, 2008: Police Officer James Gould requested a search warrant from Judge Terry L. Jurado. His request was granted. August 7, 2008: Police Department personnel, Commander C. Karlewicz, Sergeant Tracy Wilkinson, Officers James Gould. David Adam, and Jason Hudson, met with myself, Paul Baker, Lead Code Compliance Inspector, David Pargas, Fire Department, and Larry Meckling, Building Official at 16855 125'h Ave SE at 1:30 PM to make a visual determination of the interior condition of this house, via search warrant. Once the police had removed a plywood barrier on the back door, we entered the building to assess the condition of the house. I observed an interior that had been gutted of all electrical, plumbing and heating apparatus. The wallboard had been stripped and only bare studs were standing. Flooring was missing in many portions of the interior making it difficult and dangerous to walk. There was a "U" shaped brace on the front portion of the house that was a support for the roof rafters. I observed dry rot on the sill plate of the foundation at numerous places in the interior, both in the front and back portions. I observed piping that had rusted joints and connections that were left unfinished. A sewer drainpipe had been disconnected and was open. See pictures. I have attempted to work with the property owner to bring this property into compliance. Robin D. Miller has shown no intention of completing or making substantial progress on completing such repairs within the 90 day time period as required by Code. Mr. Miller was allowed more than the required 90 days to bring this property into compliance or to make a good faith attempt to begin repairs. While Robin D. Miller has stated that he feels his property is repairable he has made no effort to bring the house into compliance. And, after numerous attempts to gain his cooperation by meeting with him and extending his compliance date my case report was forwarded to Renton Police Department to issue a criminal citation for violation of Renton Municipal Code RMC 1-3-3C, Keeping and Maintaining a Public Nuisance. I certify under penalty of perjury under the laws of the state of Washington that the foregoing is true and correct. signed on �� l �% in Renton, Washington (Inspector's signature) 4 is —. :a:•`,�s. - - '; �v 4 a i f a f , _ 7 � :• _ ", '` > '� .. ,yam x' '_w.�-r _.r.• _r W-` Project: SR08-0350 #24 - 08107/08 Printed: 08-07-2008 Marilyn Kamcheff •,{,yes .� '�.i'��}�� � gny - Project: SR08-0350 #26 - 08/07/08 Printed. 08-07-2008 Marilyn Kamcheff n do F w� AAL Project: SR08-0350 ##28 - 08107/08 Daylight showing through roof rafters. Printed: 08-07-2008 Marilyn Kamcheff 9 1 r .,t tir w� L IlkTX t t i N w+. e USPS - Track & Confirm Page 1 of 1 0I NITEDSTATES POSTAL SERVICE , Home I M Sign i { Track & Confirm FAQss Track & Confirm Search Results LabeVReceipt Number: 7006 2150 0000 0337 0606 - . Track $Confirm There is no record of this item. Enter LabelfReceipt Number Why Are You Receiving This Message? Go r 1. Event information may not be available if your item was mailed recently. Please try again later. 2. The number was entered incorrectly. Be sure to enter all of the letters and numbers as they appear on your mailing iabel or receipt. $ite Map :;pnta: [ Us Forms GOVI Services r. n,.scy Policy Terms of Use National &_ r_e.mier. Accounts CopyrightCw 1999-2007 LISPS. All Rights Reserved. No FFF.F' r:t FFC; D2-a FOIA http://trkenfrm l .smi.usps.com/PTSIntemetWeb/InterLabelInquiry.do 09/10/2008 King County Property Description for parcel number 1432400135 Page 1 of "M HOME NEWS SERV;CLS D:REC ORY CONTACT Search KCGIS Center www.KingGounty.gov.,'GIS KCGIS Parcel Reports Property Report Districts and Development Conditions Report Find Your Council District Find Your Watershed KCGIS Center King County GIS Center King Street Center 201 S. Jackson 5t. Suite 706 Seattle, WA 98104 aiscenter@kingcounty aov + 47.59909 N - 122.33136 W + 47' 35' 56,72" - 122` 19' 52,90" Assessor information for parcel number 1432400135 Taxpayer name MILLER ROBIN D Parcel number 1432400135 Mailing address 1814 SE 21ST PL Tax Account 143240013506 RENTON WA number 98055 Levy code 42.5.0 Jurisdiction RENTON Present use Single Family(Res Use/Zone) Appraised value $157,000 Address(es) at this 16855 125TH AVE SE 98058 parcel Legal description CASCADE VISTA ADD LESS C & M RGTS Parcel description Property name Property R - RESIDENTIAL type Present use Single Family(Res Use/Zone) Lot area 9,170 sq. ft. (0.21 acres) Residentiai building description Building 1 of 1 Year built 1958 Year renovated 0 Stories 1 Building grade 6 - Low Average Condition Fair Finished basement NONE OR grade UNKNOWN CQxt � tfuC��r Plat CASCADE VISTA name ADD Plat 1 block Plat lot 27 Q-S-T- SW-28-23-5 R Total living sq. ft. 920 1 st floor sq. ft. 920 Half floor sq. ft. 0 2nd floor sq. ft. 0 Upper floor sq. ft. 0 Total basement sq. 0 ft. Finished basement 0 sq. ft. Basement garage 0 sq. ft. Attached garage sq. 0 ft. Open porch sq. ft. 0 Enclosed porch sq. 0 ft. Deck sq. ft. 0 WATER Water system DISTRICT Sewer PUBLIC system Access PUBLIC Street PAVED surface Bedrooms 3 Baths 1 112 baths 0 T4 baths 0 Single story 0 fireplace Multi -story 0 fireplace Free-standing 0 fireplace Percent brick or 0 stone Daylight basement N Heat system Forced Air Heat source Gas Taxable value ory Tax year Tax status Taxable value reason Appraised value Taxable value 2008 TAXABLE NONE OR UNKNOWN $88,000 (land) $88,000 (land) + $69.000 (improvements) + S69.000 (improvements) $157,000 (total) $157,000 (total) 2007 TAXABLE NONE OR UNKNOWN $78,DDD (land) $78,000 (land) + $61,000 (improvements) + $s1 .aaa (improvements) http://www5.kingeounty.govikcgisreports/property report.aspx?PIN=1432400135 09/02/2008 King County Property Description for parcel number 1432400135 Page 2 of 2 $139,000 (total) $139,000 (total) 2006 TAXABLE $73,000 (land) $73,000 (land) �NQNFORUNKNOWN + $S7.00D {improvements) I + $57 00 (improvements) $130,000 (total) $130,000 (total) Related resources —._._...._...... 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By visiting this and other King County web pages, you expressly agree to be bound by terms and conditions of the site. p 2008 King County http://www5.kingcounty.gov/kcgisreports/property report.aspx?PIN=1432400135 09/02/2008 .xao"n wr ram�ei vy. • Address • Paice# number h'e.P Sac;( SEARCH RE WILT S: Account Informabon Acccynt liumcer. 142240 2EOe Parcel %o: 14324CC 13E -ax Payer 1.IILLER ROBIr1 C iat<SE21S-PL REM -Or .�ASBCEE Assassmenl and Tat Information Levy Cole:42EG -ax Status: -,i A.9LE Roli 'r:2COB '1e,v Cnstr NO Lane Viv: SBS.CCC.CC vnprs VA: WICOC.00 Parcel Information Addreow tEBSE 12E-- AVE SE Plat [Jame: CASCADE VS -A ADC :Iat Lot: 27 Plat Block: 1 S;-4k 2£ ; 22 ; air SevIm S•,1� Pro? -ype_ Resident o Jurrad:oticn, RE%C% Present Use. SfIG-E FA1.1iLftitES US&'ZONE> Zoning_ R-£ Lot Acres: 0.21 LOTS?917C *tr Frt SF: 0 Lasdlnio Parch Map A ft 4r7q�q C;a'4" IM 0 t ®^ Renton City Lirnils ®< Parcels Renton Aerial 1 'Parcels' selected autodosle " 1 r 1.240 443 x 426 (ft) About the data (a disclaimer) The data use. c,. -a — -`o cc,^_s from rnarn' sources ano is continuaity chancno. For examae the v -C Y v Declaration I, James D. Gould, a sworn police officer for the City of Renton, hereby declare the following under penalty of perjury: On August 21 't, 2008 I went to 1814 SL 21 St PL Renton, King County, WA and attempted to personally serve Robin or Diane Miller with an Amended Complaint for Unfit Dwellings, Buildings, and Structures. I attempted twice on that day, once at 1348 hours and again at 1904 hours. Both times I rang the door bell and knocked on the door and received no response. Signed, Date: James D. Gould/8032 CITY OF RENTON, vs. ROBIN MILLER, �P a -v-09 CITY OF RENTON COUNTY OF KING, STATE OF WASHINGTON Plaintiff, } ) ) } ) Defendant(s). ) -,5� In�wrg NO. S;2 0 3 - 0350 DECLARATION OF SERVICE f r' [PRINT NAME], hereby declares under penalty of perjury pursuant to the laws of the State of Washington as follows: 1 . I 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 ./Lh.,5 f Z I , Zcq, [PRINT MONTH, DAY AND YEAR] at k 0, "'r S [PRINT TIME OF SERVICE AND AM OR PM}, I caused a copy of the following document(s): AMENDED COMPLAINT FOR UNFIT DWELLING, BUILDING AND STRUCTURE, 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]: U.S. Postal Service, first class mail, postage prepaid and certified mail, with return receipt requested, postage prepaid 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 4_7Ij 71 Se P [month], 206 V [year]. [city], Washington, this �-7""day of '14 [SIGN) - �! 3L Deciaran Y Denis Law, Mayor AUGUST 21, 2008 MAILED TO: SUBJECT: SUBJECT'S COMMON ADDRESS: CIT' OF RENTON Department of Community and Economic Development Alex Pietsch, Administrator AMENDED COMPLAINT FOR UNFIT DWELLINGS BUILDINGS AND STRUCTURES RMC 1-3-5 PROPERTY TAX PARCEL NUMBER: HAND DELIVERED REGULAR AND CERTIFIED MAIL RECEIPT # 7006 2150 0000 0337 0606 POSTED ON PROPERTY 08/21/08 ROBIN D. MILLER 1814SE21STPL RENTON, WA 98055 SR08-0350 OTC C08-0183 16855 125TH AVE SE, RENTON, WA. 1432400135 LEGAL DESCRIPTION: LOT 27, BLOCK 1, CASCADE VISTA ACCORDING TO PLAT THEREOF RECORDED IN VOLUME 60 OF PLATS, PAGES 33 THROUGH 35, RECORDS OF KING COUNTY, WASHINGTON THE CITY OF RENTON HAS DETERMINED THE DWELLING, BUILDING AND STRUCTURE LOCATED ON KING COUNTY ASSESSOR'S TAX PARCEL NUMBER 1432400135 AND WHOSE COMMON ADDRESS IS 16855 125TH AVE SE, RENTON, WA, IS AN "UNFIT BUILDING" AS SET FORTH IN RENTON MUNICIPAL CODE SECTION (RMC) 1-3-5. UNFIT DWELLINGS IN THE CITY OF RENTON THAT ARE UNFIT FOR HUMAN HABITATION AND BUILDINGS AND STRUCTURES THAT ARE UNFIT FOR OTHER USES DUE TO DILAPIDATION, DISREPAIR, STRUCTURAL DEFECTS, DEFECTS INCREASING THE HAZARDS OF FIRE, ACCIDENTS OR OTHER CALAMITIES, INADEQUATE VENTILATION, INADEQUATE LIGHT OR SANITARY FACILITIES, INADEQUATE DRAINAGE, OVERCROWDING, OR DUE TO OTHER CONDITIONS THAT ARE INIMICAL TO THE HEALTH AND WELFARE OF THE RESIDENTS OF THE CITY OF RENTON. IT IS 1 1055 South Grady Way - Renton, Washington 98057 RENTON AHEAD OF THE CURVE This papereonta ins Sa e renyrle ;material, 300/ post consumer FURTHER THE PURPOSE OF THIS SECTION OF THE RENTON MUNICIPAL CODE TO PROVIDE A MEANS OF DEMOLISHING STRUCTURES HEAVILY DAMAGED BY FIRE, WEATHER, EARTH MOVEMENT OR OTHER CAUSES, WHICH HAVE BEEN ALLOWED TO SIT IN THE DAMAGED CONDITIONS WITHOUT REPAIR FOR AN EXTENDED PERIOD OF TIME AS SET FORTH IN THIS ORDINANCE. CITY OF RENTON BUILDING CODE COMPLIANCE INSPECTORS INSPECTED THE DWELLING, BUILDING AND STRUCTURE AT 16855 125T" AVE SE, RENTON WA. AND FOUND THIS DWELLING, BUILDING AND STRUCTURE IS UNFIT, SUBSTANDARD, BOARDED -UP AND UNFIT FOR USE AS A DWELLING, IN THAT IT LACKED THE COMPONENTS OF A LIVABLE DWELLING, AND THAT IT IS UNFIT FOR USE AS A DWELLING, BUILDING OR STRUCTURE, IN THAT IT HAD THE FOLLOWING CONDITIONS. 1) NO SANITARY SERVICE 2) NO WATER SERVICE 3) NO ELECTRICAL SERVICE 4) SEVERE ROOF DAMAGE AND/OR DISREPAIR OR DILAPIDATION WITH OBVIOUS DRY ROT THE CITY OF RENTON PROVIDED YOU A WRITTEN ORDER TO CORRECT ON MARCH 18, 2008, ADVISING YOU THIS DWELLING, BUILDING AND STRUCTURE WAS IN VIOLATION OF RENTON MUNICIPAL. CODE 1-3-5, AS DEFINED BY 1-3-4 11 C.22. THE COMPLIANCE DATE ON YOUR ORDER TO CORRECT WAS JULY 15, 2008. AFTER WAITING FOR YOU OR YOUR REPRESENTATIVE TO CONTACT THE CITY OF RENTON OR FOR YOU TO CORRECT THE VIOLATIONS IN A MANNER APPROVED IN THE APPLICABLE CODES, YOU HAVE FAILED TO OBTAIN PERMITS AND/OR TO CORRECT THE DESCRIBED VIOLATIONS, CORRECTIVE ACTION: THE UNFIT DWELLING, BUILDING AND STRUCTURE SHALL BE ABATED BY REPAIR, REHABILITATION, OR DEMOLITION AND REMOVAL. YOU OR YOUR LICENSED CONTRACTOR MUST OBTAIN PERMITS FROM THE CITY OF RENTON TO REPAIR THE VIOLATIONS THAT RENDER THE DWELLING, BUILDING AND STRUCTURE AT 16855 125T" AVE SE, RENTON, WA, UNFIT. AFTER THE REPAIRS OR REHABILITATION HAVE BEEN COMPLETED, CONTACT THE CITY OF RENTON, TO ARRANGE FOR INSPECTIONS. DO NOT COVER ANY OF THE REPAIRS SO THAT THE BUILDING INSPECTORS MAY VIEW THE COMPLETED REPAIRS. IN THE EVENT THAT FURTHER CORRECTIONS ARE REQUIRED, THOSE CORRECTIONS MUST BE COMPLETED, INSPECTED AND APPROVED PRIOR TO THE REPAIRED AREAS BEING COVERED, OR: fjl OBTAIN A DEMOLITION PERMIT FROM THE CITY OF RENTON FOR THE REMOVAL OF THE DWELLING, BUILDING AND STRUCTURE AND SUBSEQUENT RESTORATION OF THE PROPERTY BY GRADING OR FILL. FEES AND COSTS TO BE PAID BY PROPERTY OWNER AS PERMITTED BY RMC 1-3-5 I. 1, 2, 3, 4, AND 5: ACTUAL COSTS AND EXPENSES WILL BE ASSESSED IN ACCORD WITH THE PROVISIONS OF THIS SECTION, INCLUDING THE COST OF REPAIRS, ALTERATIONS, IMPROVEMENTS, VACATING AND CLOSING, REMOVAL AND/OR DEMOLITION. ACTUAL COSTS SHALL INCLUDE THE COSTS OF STAFF TIME, INCLUDING OVERHEAD, CONTRACTED ENGINEERING FEES OR CONSULTANTS' FEES, RELOCATION ASSISTANCE PAYMENTS INCLUDING INTEREST AND PENALTIES, AND ANY ATTORNEY'S FEES INCURRED IN HAVING THE DWELLING, BUILDING OR STRUCTURE DECLARED UNFIT, IN ANY HEARING BEFORE THE DIRECTOR OR HEARING EXAMINER, OR IN SUPERIOR COURT OBTAINING ANY WARRANT FOR ENTRY OR ORDER OF ABATEMENT. 2. THE COSTS OF ABATEMENT, REPAIR, ALTERATION OR IMPROVEMENT, OR VACATING AND CLOSING OR REMOVAL OR DEMOLITION, WHEN BORNE BY THE CITY, SHALL BE ASSESSED AGAINST THE REAL PROPERTY UPON WHICH SUCH COSTS WERE INCURRED AS A LIEN UNLESS PAID. 3. BIDS FOR DEMOLITION SHALL BE LET ONLY TO A LICENSED CONTRACTOR. THE CONTRACT DOCUMENTS SHALL PROVIDE THAT THE VALUE OF THE MATERIALS AND OTHER SALVAGE OF THE PROPERTY SHALL BE CREDITED AGAINST THE COSTS OF THE DEMOLITION. THE CONTRACT DOCUMENTS MAY REQUIRE BIDDERS TO ESTIMATE THE SALVAGE VALUE OF THE PROPERTY AND, BY CLAIMING THE SALVAGE, REDUCE THE AMOUNT OF HIS BID ACCORDINGLY. SUCH BIDS MAY BE LET PRIOR TO THE TIME FOR COMPLIANCE OR APPEAL BUT SHALL NOT BE BINDING OR ACCEPTED UNTIL THE ORDER FOR DEMOLITION IS FINAL. THE BUILDING OFFICIAL SHALL HAVE THE AUTHORITY TO SIGN THE CONTRACT ON BEHALF OF THE CITY. 4. THERE SHALL BE CHARGED AGAINST THE OWNER AND ASSESSED AGAINST HE PROPERTY OF ANY BOARDED -UP BUILDING AN ANNUAL INSPECTION FEE OF $250.00. SUCH FEE SHALL BE PAYABLE AT THE TIME THE BUILDING BECOMES A BOARDED -UP BUILDING. THE HEARING EXAMINER OR DIRECTOR SHALL ORDER A REFUND OF THE PROPORTIONAL AMOUNT NOT DUE IF THE BUILDING IS REOCCUPIED OR DEMOLISHED. SUBSEQUENT ANNUAL FEES SHALL BE PAYABLE ON OR BEFORE THE TIME THE PRECEDING ANNUAL FEE HAS BEEN EXHAUSTED. K, 5. IN ADDITION TO ACTUAL ABATEMENT COSTS, THE FOLLOWING ADMINISTRATIVE FEES SHALL BE ASSESSED AND COLLECTED IN THE SAME MANNER: A. WHERE ABATEMENT IS ACCOMPLISHED PRIOR TO DIRECTOR HEARING: $300.00; PROVIDED, THE BUILDING OFFICIAL MAY WAIVE THESE FEES IF ABATEMENT IS COMPLETE 48 HOURS PRIOR TO A DIRECTOR HEARING; B. WHERE ABATEMENT IS ACCOMPLISHED SUBSEQUENT TO OR LESS THAN 48 HOURS PRIOR TO A DIRECTOR HEARING: $1,500; C. WHERE ABATEMENT IS ACCOMPLISHED FOLLOWING BREACH OF AN AGREEMENT OR UNDERSTANDING BETWEEN A PROPERTY OWNER AND BUILDING OFFICIAL, DIRECTOR, OR HEARING EXAMINER: $3,000; D. WHERE THE ABATEMENT IS ACCOMPLISHED BY THE CITY FOLLOWING HEARING OR DEFAULT OF THE PROPERTY OWNER: $3,000. HEARING: AN APPEAL HEARING IN THE ABOVE MATTER HAS BEEN SCHEDULED WITH DEVELOPMENT SERVICES DIRECTOR, NEIL WATTS, FOR THURSDAY, SEPTEMBER 11, 2008, AT 1 P.M. THE HEARING WILL TAKE PLACE IN THE COUNCIL CHAMBERS ON THE SEVENTH FLOOR OF RENTON CITY HALL, LOCATED AT 1055 S GRADY WAY, RENTON, WA. ALL PARTIES IN INTEREST SHALL BE GIVEN THE RIGHT TO FILE AN ANSWER TO THIS COMPLAINT AND TO APPEAR IN PERSON OR OTHERWISE GIVE TESTIMONY AT THE TIME AND PLACE FIXED HEREINABOVE IN THIS COMPLAINT. ANY ANSWER TO THIS COMPLAINT SHOULD BE FILED WITH: NEIL WATTS, DEVELOPMENT SERVICES DIRECTOR, RENTON CITY HALL, 1055 S GRADY WAY, RENTON, WA 98057- 3232. TELEPHONE NUMBER 425-430-7218. BY: B ILDING OFFICIAL LARRY A. MECKING n — 'w /-,-) I / 0'� /'�" 5 -'� - - a",_' DATE TIME COPIES MAILED TO: KING COUNTY DEPARTMENT OF DEVELOPMENT AND ENVIRONMENTAL SERVICES ATTN: DIEDRE ANDRUS 900 OAKESDALE AVE SW RENTON, WA 98055-1219 CERTIFIED MAIL RECEIPT #7006 2150 0000 0337 0651 DEPT. OF RECORDS AND ELECTIONS COUNTY AUDITOR CHERYLE A. BROOM 516 THIRD AVE N ROOM N-1033 SEATTLE, WA. 98101 CERTIFIED MAIL RECEIPT #7006 2150 0000 0337 0668 5 n -~ FIRE DEPARTMENT ♦,� 111 M E M O R A N D U M DATE: 8/17/08 TO: Marilyn Kamcheff CC: Chief Bill Flora FROM: David Pargas, Assistant Fire Marshal STAFF CONTACT: 425-433-7023 SUBJECT: Code Enforcement Inspection At 16855 —125" Ave SE On August 7, 2008 1 met you and several City of Renton Police Officers at 16855 — 125th Avenue SE. A search warrant was served on this location so that an inspection of this premise could be conducted. As a result of my inspection I found a building in which the roof is collapsing in at several locations, exterior walls are deteriorating, and the floors are missing in areas. There is exposed electrical; however there is no power to the building at this time. The electrical is designed to be plugged into a generator. Upon completing the inspection I conducted a review of the 2006 International Fire Code to determine if there were sections of this code that were applicable to this Code Enforcement case. It is my opinion that section 110.1.2, 110.3 and 110.4 regarding unsafe buildings are applicable to this building. In addition I believe that sections 311.1, 311.2, 311.3, and 311.5 through 311.5.4 are applicable to this case. A copy of section 110 and section 311 shall accompany this report. Please feel free to contact me if you have any further questions regarding my comments. iacity memos116855 - 125th ave se unsafe building.doc ADMINISTRA-YON SECTION 109 VIOLATIONS 109.1 Unlawful acts. It shall be unlawful for a person, Ilan or corporation to erect, construct, alter, repair, remove, demolish or utilize a building, occupancy, premises or system regulated by this code, or cause same to be done, in conflict with or in vio- lation of any of the provisions of this code. 109.2 Notice of violation. When the fire code official finds a building, premises, vehicle, storage facility or outdoor area that is in violation of this code, the fire code official is authorized to prepare a written notice of violation describing the conditions deemed unsafe and, when compliance is not immediate, speci- fying a time for reinspection. 109.2.1 Service. A notice of violation issued pursuant to this code shall be served upon the owner, operator, occu- pant, or other person responsible for the condition or viola- tion, either by personal service, mail, or by delivering the same to, and leaving it with, some person of responsibility upon the premises. For unattended or abandoned locations, a copy of such notice of violation shall be posted on the pre- mises in a conspicuous place at or near the entrance to such premises and the notice of violation shall he mailed by certi- fied mail with return receipt requested or a certificate of mailing, to the last known address of the owner, occupant or both. 109.2.2 Compliance with orders and notices. A notice of" violation issued or served as provided by this code shall be complied with by the owner, operator, occupant or other person responsible for the condition or violation to which the notice of violation pertains. 109.2.3 Prosecution of violations. If the notice of violation is not complied with promptly, the firecode official is autho- rized to request the legal counsel of the jurisdiction to insti- tute the appropriate legal proceedings at law or in equity to restrain, correct or abate such violation or to require removal or termination of the unlawful occupancy of' the structure in violation of the provisions of this code or of the order or direction made pursuant hereto. 109.2.4 Unauthorized tampering. Signs, tags or seals posted or affixed by the fire code official shall not be muti- lated, destroyed or tampered with or removed without authorization from the fire code official. 109.3 Violation penalties. Persons who shall violate a provi- sion of this code or shall fail to comply with any of the require- ments thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or direc- tive of the fire code official, or of a permit or certificate used under provisions of this code, shall be guilty of a I SPECIFY OFFENSE], punishable by a fine of not more than [AMOUNT] dol- lars or by imprisonment not exceeding [NUMBER OF DAYS], or both such fine and imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense. 109.3.1 Abatement of violation. In addition to the imposi- tion of the penalties herein described, the fire code official is authorized to institute appropriate action to prevent unlaw- ful construction or to restrain, correct or abate a violation; or to prevent illegal occupancy of a structure or premises; or to stop an illegal act, conduct of business or occupancy of a structure on or about any premises. SECTION 110 UNSAFE BUILDINGS 110.1 General. If during the inspection of a premises, a build- ing or structure or any building system, in whole or in part, con- stitutes a dear and inimical threat to human life, safety or health, the fire code official shall issue such notice or orders to remove or remedy the conditions as shall be deemed necessary in accordance with this section and shall refer the building to the building department for any repairs, alterations, remodel- ing, removing or demolition required. 110.1.1 Unsafe conditions. Structures or existing equip- ment that are or hereafter become unsafe or deficient because of inadequate means of egress or which constitute a fire hazard, or are otherwise dangerous to human lifeor the public welfare, or which involve illegal or improper occu- pancy or inadequate maintenance, shall be deemed an unsafe condition. A vacant structure which is not secured against unauthorized entry as required by Section 311 shall be deemed unsafe. 110.1.2 Structural hazards. When an apparent structural hazard is caused by the faulty installation, operation or mal- function of any of the items or devices governed by this code, the fire code official shall immediately notify the building code official in accordance with Section 110.1. 110.2 Evacuation. The fire code official or the fire department official in charge of an incident shall be authorized to order the immediate evacuation of any occupied building deemed unsafe when such building has hazardous conditions that present imminent danger to building occupants. Persons so notified shall immediately leave the structure or premises and shall not enter or re-enter until authorized to do so by the fire code offi- cial or the fire department official in charge of the incident. 110.3 Summary abatement. Where conditions exist that are deemed hazardous to life and property, the fire code official or fire department official in charge of the incident is authorized to abate summarily such hazardous conditions that are in viola- tion of this code. 110.4 Abatement. The owner, operator, or occupant of a build- ing or premises deemed unsafe by the fire code official shall abate or cause to be abated or corrected such unsafe conditions either by repair, rehabilitation, demolition or other approved corrective action. SECTION 111 STOP WORK ORDER 111.1 Order. Whenever the fire code official finds any work regulated by this code being performed in a manner contrary to the provisions of this code or in a dangerous or unsafe manner, the fire code official is authorized to issue a stop work order. 111.2 Issuance. A stop work order shall be in writing and shall be given to the owner of the property, or to the owner's agent, or 2006 INTERNATIONAL FIRE CODe 11 ADMIIISTRATION to the person doing the work. Upon issuance of a stop work order, the cited work shall immediately cease. The stop work order shall state the reason for the order, and the conditions under which the cited work is authorized to resume. 111.3 Emergencies. Where an emergency exists, the fire code official shall not be required to give a written notice prior to stopping the work. 111.4 Failure to comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a vio- lation or unsafe condition, shall be liable to a fine of not less than [AMOUNT] dollars or more than [AMOUNT] dollars_ 12 2006 INTERNATIONAL FIRE CODE r-ENERAL PRECAUTIONS AGAINST FIRE vided. They shall not be transported or carried while burning. 308.6.5 Fire protection. The person preparing the flarning foods or beverages shall have a wet cloth towel immediately available for use in smothering the flames in the event of an emergency. SECTION 309 POWERED INDUSTRIAL TRUCKS AND EQUIPMENT 309.1 General. Powered industrial trucks and similar equip- ment including, but not limited to, floor scrubbers and floor buffers, shall be operated and maintained in accordance with this section. 309.2 Battery chargers. Battery chargers shall be of an approved type. Combustible storage shall be kept a mininwm of 3 feet (915 rrun) from battery chargers. Battery charging shall not be conducted in areas accessible to the public. 309.3 Ventilation. Ventilation shall be provided in an approved manner in battery -charging areas to prevent a dangerous accu- mulation of flammable gases_ 309.4 Fire extinguishers. Battery -charging areas shall be pro- vided with a fire extinguisher complying with Section 906 hav- ing a minimum 4-A:20-B:C rating within 20 feet (6096 mm) of the battery charger- 309.5 Refueling. Powered industrial trucks using liquid fuel, LP -gas or hydrogen shall be refueled outside of buildi no,; or in areas specifically approved for that purpose. Fixed fuel -dis- pensing equipment and associated fueling operations shall be in accordance with Chapter 22. Other fuel -dispensing equip- ment and operations, including cylinder exchange for LP -gas -fueled vehicles, shall be in accordance with Chapter 34 for flammable and combustible liquids or Chapter 38 for - LP -gas. 309.6 Repairs. Repairs to fuel systems, electrical systems and repairs utilizing open flame or welding shall be done in approved locations outside of buildings or in areas specifically approved for that purpose. SECTION 310 SMOKING 310.1 General. The smoking or carrying of a lighted pipe, cigar, cigarette or any other type of smoking paraphernalia or material is prohibited in the areas indicated in this section. 310.2 Prohibited areas. Smoking shall be prohibited where conditions are such as to make smoking a hazard, and in spaces where flammable or combustible materials are stored or han- dled. 310.3 "No Smoking" signs. The fire code official is authorized to order the posting of "No Smoking" signs in a conspicuous location in each structure or location in which smoking is pro- hibited. The content, lettering, size, color and location of required "No Smoking" signs shall be approved. 310.4 Removal of signs prohibited. A posted "No Smoking" sign shall not be obscured, removed, defaced, mutilated or destroyed. 310.5 Compliance with "No Smoking" signs. Smoking shall not be permitted nor shall a person smoke: throw or deposit any lighted or smoldering substance in any place where "No Smok- ing" signs are posted. 310.6 Ash trays. Where smoking is permitted, suitable noncombustible ash trays or match receivers shall be provided on each table and at other appropriate locations. 310.7 Burning objects. Lighted matches, cigarettes, cigars or other burning object shall not be discarded in such a manner that could cause ignition of other combustible material. 310.8 Hazardous environmental conditions. When the fire code official determines that hazardous environmental condi- tions necessitate controlled use of smoking materials, the igni- tion or use of such materials in mountainous, brush -covered or forest -covered areas or other designated areas is prohibited except in approved designated smoking areas. SECTION 311 VACANT PREMISES 311.1 General. Temporarily unoccupied buildings, structures, premises or portions thereof, including tenant spaces, shall be safeguarded and maintained in accordance with this section. 311.1.1 Abandoned premises. Buildings, structures and premises for which an owner cannot be identified or located by dispatch of a certificate of mailing to the last known or registered address, which persistently or repeatedly become unprotected or unsecured, which have been occupied by unauthorized persons or for illegal purposes, or which pres- ent a danger of structural collapse or fire spread to adjacent properties shall be considered abandoned, declared unsafe and abated by demolition or rehabilitation in accordance with the International Property Maintenance Code and the International Building Code. 311.1.2 Tenant spaces. Storage and lease plans required by this code shall be revised and updated to reflect temporary or partial vacancies. 311.2 Safeguarding vacant premises. Temporarily unoccu- pied buildings, structures, premises or portions thereof shall be secured and protected in accordance with this section. 311.2.1 Security. Exterior openings and interior openings accessible to other tenants or unauthorized persons shall be boarded, locked, blocked or otherwise protected to prevent entry by unauthorized individuals. 311.2.2 Fire protection. Fire alarm, sprinkler and standpipe systems shall be maintained in an operable condi- tion at all times. Exceptions; 1. When the premises have been cleared of all com- bustible materials and debris and, in the opinion of the fire code official, the type of construction, fire separation distance and security of the premises do not create a fire hazard. 2006 INTERNATIONAL FIRE CODE 31 GENERAL PRECAUTIONS AGAINST FIRE r a Where buildings will not be heated and fire protec- tion systems will be exposed to freezing tempera- tures, fire alarm and sprinkler systems are permitted to be placed out of service and standpipes are permitted to be maintained as dry systems (without an automatic water supply) pro- vided the building has no contents or storage, and windows, doors and other openings are secured to prohibit entry by unauthorized persons. 311.2.3 Fire separation. Fire -resistance -rated partitions, fire barriers, and fire walls separating vacant tenant spaces from the remainder of the building shall be maintained_ Openings, joints, and penetrations in fire -resistance -rated assemblies shall be protected in accordance with Chapter 7. 311.3 Removal of combustibles. Persons owning, or in charge or control of, a vacant building or portion thereof, shall remove therefrom all accumulations of combustible materials, flam- mable or combustible waste or rubbish and shall securely lock or otherwise secure doors, windows and other openings to pre- vent entry by unauthorized persons. The premises shall be maintained clear of waste or hazardous materials. Exceptions: 1. Buildings or portions of buildings undergoing addi- tions, alterations, repairs, or change of occupancy in accordance with the International Building Code, where waste is controlled and removed as required by Section 304. 2_ Seasonally occupied buildings. 311.4 Removal of hazardous materials. Persons owning or having charge or control of a vacant building containing haz- ardous materials regulated by Chapter 27 shall comply with the facility closure requirements of Section 2701.6_ 311.5 Placards. Any building or structure determined to be unsafe pursuant to Section 110 of this code shall be marked as required by Sections 311.5.1 through 311.5.5. 311.5.1 Placard location. Placards shall be applied on the front of the structure and be visible from the street_ Addi- tional placards shall be applied to the side of each entrance to the structure and on penthouses. 311.5.2 Placard size and color. Placards shall be 24 inches by 24 inches (610 nun by 610 mm) in size with a red back- ground, white reflective stripes and a white reflective bor- der. The stripes and border shall have a 2-inch (51 mm) stroke. 311.5.3 Placard date. Placards shall bear the date of their application to the building and the date of the most recent inspection. 311.5.4 Placard symbols. The design of the placards shall use the following symbols: 1. []This symbol shall mean that the structure had nor- mal structural conditions at the time of marking_ 2. NThis symbol shall mean that structural or interior hazards exist and interior fire -fighting or rescue oper- ations should be conducted with extreme caution. 3. NThis symbol shall mean that structural or interior hazards exist to a degree that consideration should be given to limit fire fighting to exterior operations only, with entry only occurring for known life hazards. 311.5.5 Informational use. The use of these symbols shall be informational only and shall not in any way linut the dis- cretion of the on -scene incident commander. SECTION 312 VEHICLE IMPACT PROTECTION 312.1 General. Vehicle impact protection required by this code shall be provided by posts that comply with Section 312,2 or by other approved physical barriers that comply with Sec- tion 312.3_ 312.2 Posts. Guard posts shall comply with all of the following requirements: I _ Constructed of steel not less than 4 inches (102 mm) in diameter and concrete filled. 2. Spaced not more than 4 feet (1219 mm) between posts on center_ 3. Set not less than 3 feet (914 mm) deep in a concrete foot- ing of not less than a 15-inch (381 mm) diameter. 4. Set with the top of the posts not less than 3 feet (914 mm) above ground. 5. Located not less than 3 feet (914 mm) from the protected object. 312.3 Other barriers. Physical barriers shall be a tninimum of 36 inches (914 mm) in height and shall resist a force of 12,000 pounds (53 375 N) applied 36 inches (914 mm) above the adja- cent ground surface. SECTION 313 FUELED EQUIPMENT 313.1 General. Fueled equipment, including but not limited to motorcycles, mopeds, lawn -care equipment and portable cook- ing equipment, shall not be stored, operated or repaired within a building. Exceptions: l . Buildings or rooms constructed for such use in accor- dance with the International Building Code. 2. Where allowed by Section 314_ 3_ Storage of equipment utilized for maintenance pur- poses is allowed in approved locations when the aggregate fuel capacity of the stored equipment does not exceed 10 gallons (38 L) and the building is equipped throughout with an automatic sprinkler sys- tem installed in accordance with Section 903.3.1.1. 313.1.1 Removal. The fire code official is authorized to require removal of fueled equipment from locations where the presence of such equipment is deternned by the fire code official to be hazardous. 32 2006 INTERNATIONAL FIRE CODE CITY OF RENTON COUNTY OF KING, STATE OF WASHINGTON CITY OF RENTON, Plaintiff, } vs. } } ROBIN MILLER, } ) Defendant(s). ) NO.GQ- S(� DECLARATION OF SERVICE C-PC. [PRINT NAME], 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 tk_ �_- ;� ) C_" C" [PRINT MONTH, DAY AND YEAR] at [PRINT TIME OF SERVICE AND AM OR PM}, I caused a copy of the following document(s): AMENDED COMPLAINT FOR UNFIT DWELLING, BUILDING AND STRUCTURE, 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]: — - b u v, row �1G6 PLC' U.S. Postal Service, first class mail, postage prepaid and certified mail, with return receipt requested, postage prepaid T o f r.,- zr�o -� 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' [city], Washington, this 'oZ day of [month], 20 Q�1 [year]. [SIGN]. Declar # nrzIrr,*W,r , Ln : ,-m*rr.►� o .- F M m E Postage �' V SV Certified =ee V O p a Receipt Fee Postmark Here - -.pant pequired) i Delivery Fec 0 ant Required} L ,-q ;tage 8 Fees rU N.' 1-------------------------------- pp [Cod[t S Z7P+-4 CITY OF RENTON COUNTY OF KING, STATE OF WASHINGTON CITY OF RENTON, Plaintiff, } vs. ) ROBIN MILLER, } Defendant(s). } NO. sJzOS-- 0350 DECLARATION OF SERVICE ff ft dZi , rc)&anC'...�;c T [PRINT NAME], hereby declares under penalty of perjury pursuant to the laws of the State of Washington as follows: 1. I 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 1 C.-r'�S [PRINT MONTH, DAY AND YEAR] at [PRINT TIME OF SERVICE AND AM OR PM}, I caused a copy of the following document(s): AMENDED COMPLAINT FOR UNFIT DWELLING, BUILDING AND STRUCTURE, 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]; 1(0 _"T A ; r d a (/c. /v/ — -t7 aa,�) Al - IO j � �_ a_t&e t 2 k' 101 U,S. Postal Service, first class mail, postage prepaid and certified mail, with return receipt requested, postage prepaid —1 U o G - Q 1 -:,0-. 00 00 -- 0 3 ��_7 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 ` -­�l [city], Washington, this ar day of [month], 20o k" [year]. -V; Info mallan-Wa It our —bake—at wwwus_ps�e_om, - Q m Q VVV ed Feu Q Postmark Q !ipt Fee Here Q dry Fee . quiredj Ln rA - ;_.: g Fees fll -1 � ---------------------- o , . e r' CITY OF RENTON COUNTY OF KING, STATE OF WASHINGTON CITY OF RENTON, Plaintiff, } } vs_ } ROBIN MILLER, } Defendant(s). } NO. S--og -- 0 31!5d DECLARATION OF SERVICE A-- i� f �' ��' [PRINT NAME], 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 (ijx t [PRINT MONTH, DAY AND YEAR] at [PRINT TIME OF SERVICE AND AM OR PM}, I caused a copy of the following document(s): AMENDED COMPLAINT FOR UNFIT DWELLING, BUILDING AND STRUCTURE, 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]: U.S- Postal Service, first class mail, postage prepaid and certified mail, with return receipt requested, postage prepaid 5 N 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: dA S s 44 _ r r Le r5 EXECUTED [city], Washington, this I / day of ('Lt ccP-� [month], 20 C/ Y[year]. [SIGN] Decla nt { MAIL. RECEIPT ow, No insurance Coverage Provkfed) Motion visit our website at www-uspsvomo E3 L� E m gP $ m Q 'ce Postmark [0 ee Here .. .., .,:ed) -ee rod) Ln ees nj ..n f Et (; 1-� pq /) - d r � - ---------- - - ------------------------------- �� ' r` 1� l------------------ == AMENDED COMPLAINT FOR UNFIT DWELLINGS BUILDINGS AND STRUCTURES RMC 1-3-5 AUGUST 21, 2008 HAND DELIVERED REGULAR AND CERTIFIED MAIL RECEIPT # 7006 2150 0000 0337 0606 POSTED ON PROPERTY 08/21/08 MAILED TO: ROBIN D. MILLER 1814SE21STPL RENTON, WA 98055 SUBJECT: SR08-0350 OTC C08-0183 SUBJECT'S COMMON ADDRESS: 16855 125T" AVE SE, RENTON, WA. PROPERTY TAX PARCEL NUMBER: 1432400135 LEGAL DESCRIPTION: LOT 27, BLOCK 1, CASCADE VISTA ACCORDING TO PLAT THEREOF RECORDED IN VOLUME 60 OF PLATS, PAGES 33 THROUGH 35, RECORDS OF KING COUNTY, WASHINGTON THE CITY OF RENTON HAS DETERMINED THE DWELLING, BUILDING AND STRUCTURE LOCATED ON KING COUNTY ASSESSOR'S TAX PARCEL NUMBER 1432400135 AND WHOSE COMMON ADDRESS IS 16855 125TH AVE SE, RENTON, WA, IS AN "UNFIT BUILDING" AS SET FORTH IN RENTON MUNICIPAL CODE SECTION (RMC) 1-3-5. UNFIT DWELLINGS IN THE CITY OF RENTON THAT ARE UNFIT FOR HUMAN HABITATION AND BUILDINGS AND STRUCTURES THAT ARE UNFIT FOR OTHER USES DUE TO DILAPIDATION, DISREPAIR, STRUCTURAL DEFECTS, DEFECTS INCREASING THE HAZARDS OF FIRE, ACCIDENTS OR OTHER CALAMITIES, INADEQUATE VENTILATION, INADEQUATE LIGHT OR SANITARY FACILITIES, INADEQUATE DRAINAGE, OVERCROWDING, OR DUE TO OTHER CONDITIONS THAT ARE INIMICAL TO THE HEALTH AND WELFARE OF THE RESIDENTS OF THE CITY OF RENTON. IT IS 11 FURTHER THE PURPOSE OF THIS SECTION OF THE RENTON MUNICIPAL CODE TO PROVIDE A MEANS OF DEMOLISHING STRUCTURES HEAVILY DAMAGED BY FIRE, WEATHER, EARTH MOVEMENT OR OTHER CAUSES, WHICH HAVE BEEN ALLOWED TO SIT IN THE DAMAGED CONDITIONS WITHOUT REPAIR FOR AN EXTENDED PERIOD OF TIME AS SET FORTH IN THIS ORDINANCE, CITY OF RENTON BUILDING CODE COMPLIANCE INSPECTORS INSPECTED THE DWELLING, BUILDING AND STRUCTURE AT 16855 125T" AVE SE, RENTON WA. AND FOUND THIS DWELLING, BUILDING AND STRUCTURE IS UNFIT, SUBSTANDARD, BOARDED -UP AND UNFIT FOR USE AS A DWELLING, IN THAT IT LACKED THE COMPONENTS OF A LIVABLE DWELLING, AND THAT IT IS UNFIT FOR USE AS A DWELLING, BUILDING OR STRUCTURE, IN THAT IT HAD THE FOLLOWING CONDITIONS. 1) NO SANITARY SERVICE 2) NO WATER SERVICE 3) NO ELECTRICAL SERVICE 4) SEVERE ROOF DAMAGE AND/OR DISREPAIR OR DILAPIDATION WITH OBVIOUS DRY ROT THE CITY OF RENTON PROVIDED YOU A WRITTEN ORDER TO CORRECT ON MARCH 18, 2008, ADVISING YOU THIS DWELLING, BUILDING AND STRUCTURE WAS IN VIOLATION OF RENTON MUNICIPAL CODE 1-3-5, AS DEFINED BY 1-3-4 11 C.22. THE COMPLIANCE DATE ON YOUR ORDER TO CORRECT WAS JU.LY 15, 2008. AFTER WAITING FOR YOU OR YOUR REPRESENTATIVE TO CONTACT THE CITY OF RENTON OR FOR YOU TO CORRECT THE VIOLATIONS IN A MANNER APPROVED IN THE APPLICABLE CODES, YOU HAVE FAILED TO OBTAIN. PERMITS AND/OR TO CORRECT THE DESCRIBED VIOLATIONS. CORRECTIVE ACTION: THE UNFIT DWELLING, BUILDING AND STRUCTURE SHALL BE ABATED BY REPAIR, REHABILITATION, OR DEMOLITION AND REMOVAL. YOU OR YOUR LICENSED CONTRACTOR MUST OBTAIN PERMITS FROM THE CITY OF RENTON TO REPAIR THE VIOLATIONS THAT RENDER THE DWELLING, BUILDING AND STRUCTURE AT 16855 125TH AVE SE, RENTON, WA, UNFIT. AFTER THE REPAIRS OR REHABILITATION HAVE BEEN COMPLETED, CONTACT THE CITY OF RENTON, TO ARRANGE FOR INSPECTIONS. DO NOT COVER ANY OF THE REPAIRS SO THAT THE BUILDING INSPECTORS MAY VIEW THE COMPLETED REPAIRS. IN THE EVENT THAT FURTHER CORRECTIONS ARE REQUIRED, THOSE CORRECTIONS MUST BE COMPLETED, INSPECTED AND APPROVED PRIOR TO THE. REPAIRED AREAS BEING COVERED, OR: F OBTAIN A DEMOLITION PERMIT FROM THE CITY OF RENTON FOR THE REMOVAL OF THE DWELLING, BUILDING AND STRUCTURE AND SUBSEQUENT RESTORATION OF THE PROPERTY BY GRADING OR FILL. FEES AND COSTS TO BE PAID BY PROPERTY OWNER AS PERMITTED BY RMC 1-3-5 I. 1, 2, 3, 4, AND 5: ACTUAL COSTS AND EXPENSES WILL BE ASSESSED IN ACCORD WITH THE PROVISIONS OF THIS SECTION, INCLUDING THE COST OF REPAIRS, ALTERATIONS, IMPROVEMENTS, VACATING AND CLOSING, REMOVAL ANDIOR DEMOLITION. ACTUAL COSTS SHALL INCLUDE THE COSTS OF STAFF TIME, INCLUDING OVERHEAD, CONTRACTED ENGINEERING FEES OR CONSULTANTS' FEES, RELOCATION ASSISTANCE PAYMENTS INCLUDING INTEREST AND PENALTIES, AND ANY ATTORNEY'S FEES INCURRED IN HAVING THE DWELLING, BUILDING OR STRUCTURE DECLARED UNFIT, IN ANY HEARING BEFORE THE DIRECTOR OR HEARING EXAMINER, OR IN SUPERIOR COURT OBTAINING ANY WARRANT FOR ENTRY OR ORDER OF ABATEMENT. 2. THE COSTS OF ABATEMENT, REPAIR, ALTERATION OR IMPROVEMENT, OR VACATING AND CLOSING OR REMOVAL OR DEMOLITION, WHEN BORNE BY THE CITY, SHALL BE ASSESSED AGAINST THE REAL PROPERTY UPON WHICH SUCH COSTS WERE INCURRED AS A LIEN UNLESS PAID. 3. BIDS FOR DEMOLITION SHALL BE LET ONLY TO A LICENSED CONTRACTOR. THE CONTRACT DOCUMENTS SHALL PROVIDE THAT THE VALUE OF THE MATERIALS AND OTHER SALVAGE OF THE PROPERTY SHALL BE CREDITED_ AGAINST THE COSTS OF THE DEMOLITION. THE CONTRACT DOCUMENTS MAY REQUIRE BIDDERS TO ESTIMATE THE SALVAGE VALUE OF THE PROPERTY AND, BY CLAIMING THE SALVAGE, REDUCE THE AMOUNT OF HIS BID ACCORDINGLY. SUCH BIDS MAY BE LET PRIOR TO THE TIME FOR COMPLIANCE OR APPEAL BUT SHALL NOT BE BINDING OR ACCEPTED UNTIL THE ORDER FOR DEMOLITION IS FINAL. THE BUILDING OFFICIAL SHALL HAVE THE AUTHORITY TO SIGN THE CONTRACT ON BEHALF OF THE CITY. 4. THERE SHALL BE CHARGED AGAINST THE OWNER AND ASSESSED AGAINST HE PROPERTY OF ANY BOARDED -UP BUILDING AN ANNUAL INSPECTION FEE OF $250.00. SUCH FEE SHALL BE PAYABLE AT THE TIME THE BUILDING BECOMES A BOARDED -UP BUILDING. THE HEARING EXAMINER OR DIRECTOR SHALL ORDER A REFUND OF THE PROPORTIONAL AMOUNT NOT DUE IF THE BUILDING IS REOCCUPIED OR DEMOLISHED. SUBSEQUENT ANNUAL FEES SHALL BE PAYABLE ON OR BEFORE THE TIME THE PRECEDING ANNUAL FEE HAS BEEN EXHAUSTED. 3 5. IN ADDITION TO ACTUAL ABATEMENT COSTS, THE FOLLOWING ADMINISTRATIVE FEES SHALL BE ASSESSED AND COLLECTED IN THE SAME MANNER: A. WHERE ABATEMENT IS ACCOMPLISHED PRIOR TO DIRECTOR HEARING: $300.00; PROVIDED, THE BUILDING OFFICIAL MAY WAIVE THESE FEES IF ABATEMENT IS COMPLETE 48 HOURS PRIOR TO A DIRECTOR HEARING; B. WHERE ABATEMENT IS ACCOMPLISHED SUBSEQUENT TO OR LESS THAN 48 HOURS PRIOR TO A DIRECTOR HEARING: $1,500; C. WHERE ABATEMENT IS ACCOMPLISHED FOLLOWING BREACH OF AN AGREEMENT OR UNDERSTANDING BETWEEN A PROPERTY OWNER AND BUILDING OFFICIAL, DIRECTOR, OR HEARING EXAMINER : $3,0001 D. WHERE THE ABATEMENT IS ACCOMPLISHED BY THE CITY FOLLOWING HEARING OR DEFAULT OF THE PROPERTY OWNER: $3,000. HEARING: AN APPEAL HEARING IN THE ABOVE MATTER HAS BEEN SCHEDULED WITH DEVELOPMENT SERVICES DIRECTOR, NEIL WATTS, FOR THURSDAY, SEPTEMBER 11, 2008,_AT 1 P.M. THE HEARING WILL TAKE PLACE IN THE COUNCIL CHAMBERS ON THE SEVENTH FLOOR OF RENTON CITY HALL, LOCATED AT 1055 S GRADY WAY, RENTON, WA. ALL PARTIES IN INTEREST SHALL BE GIVEN THE RIGHT TO FILE AN ANSWER TO THIS COMPLAINT AND TO APPEAR IN PERSON OR OTHERWISE GIVE TESTIMONY AT THE TIME AND PLACE FIXED HEREINABOVE IN THIS COMPLAINT. ANY ANSWER TO THIS COMPLAINT SHOULD BE FILED WITH: NEIL WATTS, DEVELOPMENT SERVICES DIRECTOR, RENTON CITY HALL, 1055 S GRADY WAY, RENTON, WA 98057- 3232. TELEPHONE NUMBER 425-430-7218. o BY: BdILDING OFFICIAL DATE TIME LARRY A. MECKING 4 I COPIES MAILED TO: KING COUNTY DEPARTMENT OF DEVELOPMENT AND ENVIRONMENTAL SERVICES ATTN: DIEDRE ANDRUS 900 OAKESDALE. AVE SW RENTON, WA 98055-1219 CERTIFIED MAIL RECEIPT #7006 2150 0000 0337 0651 DEPT. OF RECORDS AND ELECTIONS COUNTY AUDITOR CHERYLE A. BROOM 516 THIRD AVE N ROOM N-1033 SEATTLE, WA. 98101 CERTIFIED MAIL RECEIPT #7006 2150 0000 0337 0668 5 USPS - Track & Confirm Page 1 of 1 UNITED STATES IOSTALSERVKEn Home I Help I Sign In T_rac Confirm FAil Track & Confirm Search Results Label/Receipt Number: 0300 6000 0001 8402 6260 - - -- Status: Delivered Track & Confirm Your item was delivered at 12:21 PM on July 31, 2008 in RENTON, WA Enter Label/Receipt Number. 98D55. Additional Derails �- R4-Fare, if, 3SPS.COM Nome > Notification Options Track & Confirm by email Get current event information or updates for your item sent to you or others by email. Go> Site. Map Centacl Us Forms Gov't Services - !'..vacy Policy Terms of Use NatEonal & Premier. Accounts Copyright : 1999.2007 LISPS. All Rights Reserved. No c: F eta FOIA is IF GA > http://trkcnfrml.smi.usps.com/PTSIntemetWeb,/InterLabelInquiry.do 08/04/2008 U.S. Postal Service EMWery Confirmation Receipt o Postage and Delivery Confirmation tees must be paid before malling. -u rArtEcle Sent To: {to be completed by mew rtJ Fvni �M _5� t 0 3,5o 2 S Qz POSTAL CUSTOMER: zm Keep this receipt. For inquiries Access U � Postmark internet web site at www,usps.ccm Here or call 1-600-222-1811 23 0 w � d -0 O l r� lA1BCi(ONE (POSTAL USE ONLY) o ( / m ❑ Priority Mail m ❑ Standard Mail (B) PS Form 15P Maroh 1 M (Sae Pmenm4 July 31, 2008 Mr. Neil Watts, Director Development Services Division City of Renton Subject: Notice of Appeal of July 17, 2008 "Notice & Order" Property Address 16855 125"' Ave SE Reference: Your Letter Dated July 17, 2008 titled "Notice and Order" Dear Mr. Watts; i,ITYOFAENTQN RECEIVED AUG 01 21108 BUILDINGMISION I am responding to the reference letter titled "Notice and Order" and am providing notice of my desire to appeal that action. I have delayed my response in this matter to gain visibility of the medical assessment of my condition & the near term follow-up surgery plan my doctor discussed with me yesterday. My activities have been restricted since undergoing surgery in June as have my efforts to voluntarily address the complaints raised in prior communications. However, efforts have been made, though unsuccessful to date, to find a towing company or suitable place to re -cycle the travel trailer and those efforts are continuing. The matter of the building is more complicated. Unfortunately I am unable to attend a hearing on the 111h of August as I am scheduled to be out of State, expecting to return on the 14'h. It appears that I will be undergoing a follow-up surgery as soon as a schedule cancellation appears in the week of August 18"'. I respectfully request the rescheduling of a hearing date for August 7 — 8, or August 15, or during the week of August 25"' to be heard in this matter. Thank you for your consideration. XnD,ter 1814 SE 21 " Place Renton, WA 98055 Cc: Marilyn Kamcheff Code Compliance Inspector Development Services Division City of Renton Notice of Appeal — July 17, 2008 Notice & Order Page 1 of 1 m i. r CID -A-very u-) Far in6m- ' E ` m M Postage $ C3 Certfled Fee O Postmark M Re1um Receipi Fee Here Q { =ndorsement Required} E3 Restricted Delivery Fee C3 (Endorsement Required) r-n rq Total Postage & Fees fU Sent To oh .i:!-------- b� � ------------ ---------- Street, Apt. No.; r L7 Q Q 0 aPQBoxNo.-------=--------------•------ --- City, State, ZIP+4 ------------ -- - ,r. See Reverse for In5tructions • Comte items 1, 2, and 3. Also complete item 4 If Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the knack of the mailpiece, or on the front if space permits. 1. Article Addressed to. �2 rn: J kr A. signature ❑ Agent Prltled Name) C. Date of Delivery D. Is Odiivery, address d irom item 17 ❑ Yes If YES. enter dell address below. ❑ No Wjq • � s3' 3. sere Type ❑ Certified Mall ❑ Expns Mad ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2, Article Number — — — — — 0 ftm serrRca kWao —2 Sc3 4©a o _D, S 7 D f �3 PS Fo.... 3811, August 2001 Domestic Return Receipt 102595-02-Ml540 9UNITED STATES POS. , • Sender: Please print your name, address, and ZIP+4 Tn this box 11 w AA L,, kp ` �.� OF fikillll fil�i El!1i111 �3!}jl}�il!l�111 E��1}l�lillE 11 if113311 �1f NOTICE AND ORDER JULY 17, 2008 CERTIFIED AND REGULAR MAIL RECEIPT # 0300 6000 0001 8402 6123 POSTED ON PROPERTY 7/17/08 TO: ROBIN D. MILLER 1814SE21STPL RENTON, WA 98055 RE: SR08-0350 OTC C08-0183 PARCEL #: 1432400135 THE CITY OF RENTON HAS DETERMINED THE BUILDING LOCATED ON KING COUNTY ASSESSOR'S TAX PARCEL NUMBER 1432400135 AND ADDRESSED AS 16855 125T" AVE SE IS A "DANGEROUS BUILDING." RENTON, BY RMC 4-5-060, 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 PUBLIC OR THE BUILDING'S OCCUPANTS. DANGEROUS BUILDINGS ARE UNSAFE BUILDINGS. CITY OF RENTON BUILDING, CODE COMPLIANCE INSPECTORS INSPECTED THE BUILDING AT 16855 125T" AVE SE, AND FOUND THIS BUILDING LACKED THE COMPONENTS OF A LIVEABLE DWELLING; SANITARY SERVICE, WATER SERVICE, AND ELECTRICAL SERVICE. THE CITY OF RENTON PROVIDED YOU A WRITTEN ORDER TO CORRECT ON MARCH 18, 2008, ADVISING YOU THIS BUILDING WAS IN VIOLATION OF RENTON MUNICIPAL CODE 1-3-4 11 C 22. THE COMPLIANCE DATE ON YOUR ORDER TO CORRECT WAS MARCH 11, 2008. AFTER WAITING FOR YOU OR YOUR REPRESENTATIVE 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: WITHIN THIRTY (30) DAYS OF JULY 17, 2008, THE DANGEROUS BUILDING SHALL BE ABATED BY REPAIR, REHABILITATION, OR DEMOLITION AND REMOVAL. WHAT YOU MUST DO: YOU OR YOUR LICENSED CONTRACTOR MUST OBTAIN PERMITS TO REPAIR THE VIOLATIONS THAT RENDER THE BULDING AT 16855 125T" AVE SE, 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 MUST BE COMPLETED, INSPECTED AND APPROVED PRIOR TO THE REPAIRED AREAS BEING COVERED, OR: OBTAIN A DEMOITION PERMIT FOR THE REMOVAL OF THE BUILDING, AND SUBSEQUENT RESTORATION OF THE PROPERTY. HEARING: AN APPEAL HEARING IN THE ABOVE MATTER HAS BEEN SCHEDULED WITH DEVELOPMENT SERVICES DIRECTOR NEIL WATTS FOR MONDAY, AUGUST 11, 2008, AT 9 A.M. THE HEARING WILL TAKE PLACE IN THE COUNCIL CHAMBERS ON THE SEVENTH FLOOR OF RENTON CITY HALL. THE ADDRESS IS: 1055 S GRADY WAY. I_1 ;j »-Lx THE OWNER OR HOLDER OR ANY PERSON OR PARTY HAVING A RECORDED RIGHT, TITLE, ESTATE, LIEN, OR INTEREST IN THIS PROPERTY HAS THE RIGHT TO APPEAL THIS NOTICE AND ORDER, PROVIDED THE APPEAL IS MADE IN WRITING AND SUBMITTED TO DEVELOPMENT SERVICES DIRECTOR NEIL WATTS WITHIN 14 DAYS OF THE DATE OF SERVICE OF THIS NOTICE AND ORDER. BY: CODE COMPLIANCE INSPECTOR 2 DATE TIME COPIES MAILED TO: KING COUNTY DEPARTMENT OF DEVELOPMENT AND ENVIRONMENTAL SERVICES 900 OAKESDALE AVE SW RENTON, WA 98055-1219 3 USPS - Track & Confirm Page 1 of 1 "� UIVITEDSTATES T1U SERiC& Nome I Help. I Sign..ln Track & Confirm i Track & Confirm Search Results Label/Receipt Number: 0307 1790 0002 9827 8184 Status: Delivered Tracy& Confirn, Your item was delivered at 2:14 PM on March 22, 2008 in RENT4N, WA Enter Label/Receipt Number. 98055. Gaye Notification Options Track & Confirm by email Get current event information or updates for your item sent to you or others by email. Go > Site. Map ContactJs Form: GOO Services acy.Poticy Terns of_Use National &Pr merP-7rmjnts �_. Copyright(. 1999-2007 USPS. All nights Reserved. No F' „ .. :a FOIA http://trkcnfrml.smi.usps.com/PTSIntemetWeb/InterLabelInquiry.do 05/07/2008 U.S. Postal Service' Delhrery Cwfirmatiori Receipt x Postage and Delivery Confirmation fees must be paid before malting. ,,q AA* Sant To: (to be carnpledW by maI" r- %� P� n �� ti POSTAL CUSTOMER: 0 0 ' :o� Keep this receipt. For Inquiries: HerAccess Internet web site at o e wwwwsps.com e or call1-800-222-1811 (:d CWCK ONE (POSTAL USE MY) o ❑Priority MaN Servlcxr m C ❑ First -Class Malf parcel ❑ Package &wloes parcei PS Form 152. May 2= P- Freva * Project: SR08-0350 #34 - Taken on M04/08 By M Kamcheff �n2 - � FCanomir Derclol+ricris AMENDED COMPLAINT FOR UNFR DWELLINGS BUILDINGS AND STRUCTURES RAC 1-3.5 AUGUST21, 2008 BAND DELIVERED REGUL;;R AND CERT,FIED MAIL RECEIPT k 70W2150 DOW C337 0606 POSTED �N PROPERTY 1f MAILED TO: ROBIN D MILLER '814SE`15 PL nENTCN, '�dA 7805= SUBJECT SRC= SUBJECTS COMA40N ADDRESS 16BSs 17:; VE 5r PEN; ON VIA. ERTY NTAX PARCEL NUMBER 14324001a—: LEGAL DESCRIPTION: LOT27, BLCICK I ,CASCADE VISTA ACCORDING TO PLAT TI!EREO;: RECORDED IN VOLUME a ; OF PLATS. PAGES 32 THROUGH 35. RECORDS OF KING COUNTY WASHINGTON THE CITY OF RENTON HAS DETERMINED THE L",''lELLING, 8 UILDING AND STRUCTURE LOCATED ON KING COUNTY ASSESSOR'S TAX PARCEL NUMBER 1432400135 AND WHOSE COMN40N ADDRESS IS 16855 125THINAVE SE, RENTON, WA, IS AN "UNFIT BUILDG" AS SET FORTH IN RENTON MUNICIPAL. CODE SECTION (RMC) 1.3 5, UNFIT DWELLINGS IN THE CITY OF RENTON THAT ARE UNFIT FOR HUMAN HABITATION AND BUILDINGS A ,-n STRUCTURES THAT ARE UNFIT FOR OTHER USES DUE TO DILAPIDATION DISREPAIR. STRUCTURAL DEFECTS, DEFECTS INCREASING THE HAZARDS OF FIRE, ACCIDENTS OR OTHER CAL MITIES, INADEQUATE VENTILATION, INADEQUATE LIGHT OR SANITARY FACILITIES INADEQUATE DRAINAGE, OVERCROWDING, OR DUE TO OTHEF. CONDITIONS THAT ARE IN€ CCAL TO THE HEALTH AND WELFARE OF THE RESIDENTS OF THE CITY OF RENTON. IT IS —� _ _ 1 i045 SauLi GraQy Way. Rrniun. Wasrm�t�w, 9SU37 R E N T O N �1 �_-. ...-, r,�.. _. _... ..... _�..— ntxnD Jf TNi. r�fl•! Project, 5R08-0350 #33 - Taken on 09104108 By M. Kamcheff . ' ` '' ` � ` . ' ``� ` . . '. . ` ' " ` ��v �� Date: March 18, 2008 Location of Violation: Owner(tax-payer) Issued To: Address: ORDER TO CORRECT 16855 125TH AVE SE MILLER ROBIN D ROBIN D. MILLER 1814 SE 21ST PL RE, NTON WA 98055 Service Request No. SR08-0350 Violation Index No. COS-0182 An inspection of the above premises revealed violation(s) of the City of Renton Municipal Code and Ordinances listed below. Compliance or corrective action must be completed by 07/1512008. If voluntary compliance is not achieved, a Criminal Citation MAY be issued. The penalty for a Criminal Citation, upon a finding of guilt may be up to ninety (90) days in jail and up to a $1000.00 monetary fine. CODE SECTION CITED: DATE OF INVESTIGATION DESCRIPTION OF VIOLATION CORRECTIVE ACTION: Renton Municipal Code 1-34-A 11 C 22 03/11/2008 Unfit Building The building official has determined that the dwelling located at 16855 125th Ave SE, Renton, Washington, King County parcel number 1432400135 is unfit for use as a dwelling. The structure does not contain the necessary elements of a dwelling unit, that are separate living quarters with cooking, sleeping and sanitary facilities The Development Services Director has ordered the dwelling to be repaired. The City of Renton has adopted regulations governing Unfit Dwellings. Unfit Dwellings are defined In Renton Municipal Code 1-34 A 11 c 22 as "Unfit or Abandoned Structure: Any structure, which has been damaged by fire, weather, earth movement, or other causes, and which is not fit for occupation, and has been abandoned or unoccupied by lawful tenants for a period of 90 days; or where the cost of repair exceeds the value of the structure once repaired; or such a damaged structure whose owner shows no intention of completing or making substantial progress on completing such repairs within 90 days." Within thirty (30) days you are required to submit approved building plans for the repair of the dwelling unit. Within ninety (90) days from the date the plans are approved, construction and the required inspections shall be completed and approved. Or apply for a demolition permit to remove the structure. In the event you do not comply with the time periods described above or the unfit building cannot be repaired so that it no longer exist in violation, the dwelling unit shall be demolished. In the event the City of Renton completes the abatement of the unfit dwelling actually costs will be incurred. Those costs shall be assessed against the real property upon which such costs were incurred as a lien unless paid. An explanation of the cost is as follows: Costs: 1. Actual costs and expenses will be assessed in accord with the provisions of this section, including the cost of repairs, alterations, improvements, vacating and closing, removal, and/or demolition. Actual costs shall include the costs of staff time, including overhead, contracted engineering fees or consultants' fees, relocation assistance payments including interest and penalties, and any attorney's fees incurred in having the dwelling, building or structure declared unfit, in any hearing before the director or hearing examiner, or in Superior Court obtaining any warrant for entry or order of abatement. 2. The costs of abatement, repair, alteration or improvement, or vacating and closing, or removal or demolition, when borne by the City, shall be assessed against the real property upon which such costs were incurred as a lien unless paid. 3. Bids for demolition shall be let only to a licensed contractor. The contract documents shall provide that the value of the materials and other salvage of the property shall be credited against the costs of the demolition. The contract documents may require bidders to estimate the salvage value of the property and, by claiming the salvage, reduce the amount of his bid accordingly. Such bids may be let prior to the time for compliance or appeal but shall not be binding or accepted until the order for demolition is final. The building official shall have the authority to sign the contract on behalf of the City. 4. There shall be charged against the owner and assessed against the property of any boarded -up building an annual inspection fee of $250.00. Such fee shall be payable at the time the building becomes a boarded -up building. The hearing examiner or director shall order a refund of the proportional amount not due if the building is reoccupied or demolished. Subsequent annual fees shall be payable on or before the time the preceding annual fee has been exhausted. 5. In addition to actual abatement costs, the following administrative fees shall be assessed and collected in the same manner: a. Where abatement is accomplished prior to director hearing: $300.00; provided, the building official may waive these fees if abatement is complete 48 hours prior to a director hearing; b. Where abatement Is accomplished subsequent to or less than 48 hours prior to a director hearing: $1,500; c. Where abatement is accomplished following breach of an agreement or understanding between a property owner and building official, director, or hearing examiner: $3,000; d. Where the abatement is accomplished by the City following hearing or default of the property owner: $3,000. Issued By: Marilyn Kamcheff Code Compliance Inspector Planning/Building/Public Works Department Development Services Division Phone No: 425-430-7259 (L `3 ORDER TO CORRECT Date: March 18, 2008 Location of Violation: 16855 125TH AVE SE Owner(tax-payer) : MILLER ROBIN D Issued To: ROBIN D. MILLER SE 21 ST PL Address: ON WA 98055 Service Request No. SR08-0350 Violation Index No. C08-0182 1� An inspection of the above premises revealed violation(s) of 7tZt%yof Renton Municipal Code and Ordinances listed below. Compliance or corrective action must be completed by 04/23/2008. If voluntary compliance is not achieved, a Criminal Citation MAY be issued. The penalty for a Criminal Citation, upon a finding of guilt may be up to ninety (90) days in jail and up to a $1000.00 monetary fine. CODE SECTION CITED: DATE OF INVESTIGATION: DESCRIPTION OF VIOLATION: CORRECTIVE ACTION: Renton Municipal Code 1-3-4-A lI C 22 03/11 /2008 Unfit Building The building official has determined that the dwelling located at 16855 125th Ave SE, Renton, Washington, King County parcel number 1432400135 is unfit for use as a dwelling. The structure does not contain the necessary elements of a dwelling unit, that are separate living quarters with cooking, sleeping and sanitary facilities The Development Services Director has ordered the dwelling to be repaired. The City of Renton has adopted regulations governing Unfit Dwellings. Unfit Dwellings are defined in Renton Municipal Code 1-3-4 A 11 a 22 as "Unfit or Abandoned Structure. Any structure, which has been damaged by fire, weather, earth movement, or other causes, and which is not fit for occupation, and has been abandoned or unoccupied by lawful tenants for a period of 90 days; or where the cost of repair exceeds the value of the structure once repaired; or such a damaged structure whose owner shows no intention of completing or making substantial progress on completing such repairs within 90 days." Within thirty (30) days you are required to submit approved building plans for the repair of the dwelling unit. Within ninety (90) days from the date the plans are approved, construction and the required inspections shall be completed and approved. Or apply for a demolition permit to remove the structure. In the event you do not comply with the time periods described above or the unfit building cannot be repaired so that it no longer exist in violation, the dwelling unit shall be demolished. G. In the event th ity of Renton completes the abatement of the unfit dwelling actu osts will be incurred. Those costs shall be assessed against the reatVroperty upon which such costs were incurred as a lien unless paid. An explanation of the cost is as follows: Costs: 1. Actual costs and expenses will be assessed in accord with the provisions of this section, including the cost of repairs, alterations, improvements, vacating and closing, removal, and/or demolition. Actual costs shall include the costs of staff time, including overhead, contracted engineering fees or consultants' fees, relocation assistance payments including interest and penalties, and any attorney's fees incurred in having the dwelling, building or structure declared unfit, in any hearing before the director or hearing examiner, or in Superior Court obtaining any warrant for entry or order of abatement. 2. The costs of abatement, repair, alteration or improvement, or vacating and closing, or removal or demolition, when borne by the City, shall be assessed against the real property upon which such costs were incurred as a lien unless paid. 3. Bids for demolition shall be let only to a licensed contractor. The contract documents shall provide that the value of the materials and other salvage of the property shall be credited against the costs of the demolition. The contract documents may require bidders to estimate the salvage value of the property and, by claiming the salvage, reduce the amount of his bid accordingly. Such bids may be let prior to the time for compliance or appeal but shall not be binding or accepted until the order for demolition is final. The building official shall have the authority to sign the contract on behalf of the City. 4. There shall be charged against the owner and assessed against the property of any boarded -up building an annual inspection fee of $250.00. Such fee shall be payable at the time the building becomes a boarded -up building. The hearing examiner or director shall order a refund of the proportional amount not due if the building is reoccupied or demolished. Subsequent annual fees shall be payable on or before the time the preceding annual fee has been exhausted. 5. In addition to actual abatement costs, the following administrative fees shall be assessed and collected in the same manner: a. Where abatement is accomplished prior to director hearing: $300.00; provided, the building official may waive these fees if abatement is complete 48 hours prior to a director hearing; b. Where abatement is accomplished subsequent to or less than 48 hours prior to a director hearing: $1,500; c. Where abatement is accomplished following breach of an agreement or understanding between a property owner and building official, director, or hearing examiner: $3,000; d. Where the abatement is accomplished by the City following hearing or default of the property owner: $3,000. Issued By: Marilyn Kamcheff Code Compliance Inspector Planning/Building/Public Works Department Development Services Division Phone No: 425-430-7269 USPS - Track & Confirm Track & Confirm Search Results Label/Receipt Number: 03071790 0002 9827 8184 Status: Delivered Your item was delivered at 2:14 PM on March 22, 2008 in RENTON, WA 98055. Page I of 1 tame I l.." I Man III nck & Confirm FAQs Track & Confirm Enter LabeVReceipt Number. Natiftcation Options Track & Confirm by email Get current event information or updates for your item sent to you or others by email_ (Faa i4'• �21t_m4n c9n149U§ Forms �3gdLSe v_icg, jobs Pu1vacy_Poiicx TerrnsAES,IYQ N4019naE & Pcermer_AgC9ynts Copyright® 1999-2007 LISPS. All Rights Reserved. No FEAR Act EEO Data FOIA „,, �...;p. ;i.r••. ; :,;.;:,, U.S. Postal Service Delivery Confirmation" Recel' t a postage and Delivery Confirmation fees must be paid before mailing- `O7 Article Sent Te: {to be cmVl led by maW ED Sbp- 0 J 0 3 d r- Fb_p..awv ti Cog-01� nj POSTAL CUSTOMER n 1J l PM Keep this receipt For Imi lrie: Zt o Access Internet web site Here WWWx0oMe rrf- 3I Z'r jI or tali 1-800-222-1811 rq WM0t11 (lWALUSEONLY) r` ❑priority mail' service° m ❑First-class MalF parcel 0 ❑ Package 5erv4ces Pal* Ps Fom 152, May 2002 l�W 113MM1 ay httD://trkcnfrml.smi.usns.com/PTSTntemetWeh/lntPrT .ahelTnnn;ry An OIVOW R May 8, 2008 Delivery Confirmation # 0300 6000 0001 8402 7311 Robin D. Miller 1814 SE 2151 PL Renton, WA 98055 SUBJECT: Order to Correct Number: Service Request Number: Address: U.S. r9 r9 m gru �© S g � 2 r9 Q a Ata -a O m 0 K tal Service Delivery Conirmatln ec and Dellv" Con>"rrrdr lSn�es must be paid befm mailing Aetl k Sam Ta go be aampletad by +rather} F%kWF'*WQWtA �� ~ �3> Postmg:A Here f*r%� P8 Form 152, March 19W C08-0183 SR08-0350 16855 125t1i Ave SE POSTAL CUSTOMER: XftP thls receipt For Inqulrfes: Acre Intemet web site at www.usps.com Or tall 1-8W222.1811 V=,00 (POSTAL W ONLY) ❑ Priority Mail ❑ Standard Mail (B) (See Reverse) Enclosed is a copy of the order correct, violation number, C08-0183, sent to you on March 18, 2008, requiring you to remove the hulk travel trailer from the property and remove the potential vermin/fire hazard in the form of tarps, cans, wood, metal, blackberries and other items at 16855 I25th Ave SE. The compliance date was April 23, 2008. A re -inspection on May 5, 2008, noted that the above identified violations remain on the property and that they are in violation of RMC 8-1-4 E and 1-3-4 11 c 3. The City will allow 15 days from the date of this letter for you to remove the cars and bring the property into compliance. You are always required to make contact with me at 425-430-7269 within the 15-day time frame. After May 27, 2008, an on site inspection will be conducted. If the property is not in compliance you will be issued a criminal citation without further contact from this department. I urge your cooperation in resolving this matter in a timely fashion. Thank you. Sincerely, Marilyn Kamcheff Code Compliance Inspector Development Services Division Enclosures USPS - Track & Confirm 0 Page 1 of I AU STATES. �,.• � +� l.� t t�1e f 9ogn fi Track 8 Canf+rm FAQs Track & Confirm Search Results LabeVReceipt plumber: 0300 6000 0001 8402 7311 Status: Delivered Your item was delivered at 12:35 PM on May 10, 2008 in RENTON, WA 98055. l�l+dd&rFortarrDataAs r -no—mm to USPSC" moans a Exeter LabettReceipt Number. �a �icatiarR ��fstms Track ,& Confirm by email Get current event information or updates for your item sent to you or others by email. Boa Try all@. '00DUIC _U1 Forms Soy Erttl s lob: E0yzI y Pa)Ecy Temmi-OLVsg N� io! "i -EIEM91 Ac 00is Copyrights 1999-2007 USPS. All Rights Reserved. No FEAR Act EEO Data FdtA http://trkcnfrm.l smi.usps.com/PTSIntemetWeb/InterLabellnouirv.do 05/12/2008 May 15, 2008 Marilyn Kamcheff Code Compliance Inspector Development Services Division City of Renton Subject: Property Address 16855 125� Ave SE CITVOMENTON RECEIVED MAY 15 =8 BUILUNGDIVISION Reference. Your Letter Dated May 8, 2008 Your Letter Dated March 18, 2008 titled "Order to Correct" — C08-0182 Your Letter Dated March 18, 2008 titled "Order to Correct"- C08-0183 Our Telephone Discussion — May 12, 2008 Dear Ms. Kamcheff; I have received the referenced communications and as we discussed on Monday, I am following up with this responsive letter. For the record, my delayed response to your communications has been largely the result of my ignorance, surprise and confusion about just what jurisdiction Renton now has concerning the subject property. In addition however, I am confused, if not alarmed, by what appears to be a lack of due process in this regard. While I have no desire to be argumentative in this matter, I would, at the very least, expect the City to afford me the rights & assurances provided under RCW 35.80.030. In any case, it is my purpose and intent to be responsive and cooperative in resolving the issues which you have presented. Regarding the alleged "Potential Vermin/Fire Hazard 1-3-4 116": I will again be returning to the property within the coming week to clean up the grounds, cut the grass (weather permitting) and remove debris as I have previously done on a regular basis. Response — Renton Code Compliance Page 1 of 2 Regarding the alleged "Storage of Bulky Waste 8-1-4 E - Shasta Travel Trailer": I do not concede that this travel trailer is a "junk" or "hulk vehicle" meeting the definition of `Bulky Waste". Yes it has been damaged and yes it needs repair. It is my intention to restore this travel trailer for my personal use. I will be cleaning out the debris within the coming week and securing this trailer from entry within the next 34 days. Regarding the alleged "Unfit Building 1-3-4-A 11c22": I do not concede that this building meets the definition of an "Unfit or Abandoned Structure". I have regularly and safely occupied the building in the process of making needed repairs and intend to continue that process to completion. On the other hand, I do agree that the building is not currently fit for use as a dwelling as it needs a new roof among other repairs; however, the building is not currently in use as a dwelling. Albeit slowly, the repair process has been proceeding as personal resources have permitted. It is my intent to fully restore this building to its pre -loss condition -- a process which is ongoing. I understand from our recent conversation that this property has become the subject of complaints. It is my desire to be cooperative in working with you while responsibly eliminating the reasons for such complaints in a reasonable and economically feasible manner. Sincerely, vc-"� Robin Miller 1814 SE 214 Place Renton, WA 98055 Response - Renton Code Compliance Page 2 of 2 ` Y o CIT - RENT'QN # Department•of Community -and yu Economic Development Denis Law, Mayer A]ei Pietsch, Administrator May .20, 2008 Dolivery Confirmation # 0300 6000 0001 8402 7359 Robin'D: Miller 1814 SE 21$t PI Renton, WA 98055 Dear Mr. Miller: SUBJECT; Order to Correct Number: C08-0183 (Bulky Waste) Co-0182 (Unfit Building) Service Request Number: SR08-0350 Address: 16855 125th Ave'SE On May 15, 2005; you came to the office with a. letter :disagreeing with the.City's a8sessment that your property contained bully waste and had an unfit dwelling We discussed the Ci,ty's:orelinances and policies with respect; o: the violation notices you received.. To follow up out rneetitig of Thursday, May. 15,,2008, this letter is a recalr'of our, verbal agreement: : L Order to -.Correct, Violation # C08 01.83., BuYlg Waste lnd Rat Habitat The City of Renton has. adopted regulations governing Unfit Dwellings. Unfit Dwellings are defined in Renton Municipal Code 1-3-5 as "Unfit or Abandoned Structure: Any structure, which has been damaged by fire, weather, earth movement, or other causes, and which is not fit for occupation, and has beeo abandoned or unoccupied by tawfuI tenan: s for a-periodof 90 days, or where the cost of repair exceeds the value of the structwre. once repaired; or such a damaged structure whose owner shows no..intention of coin,- pleting or making substantial progress on completing such repairs within 90 days. YouJrequested, and were granted, a 60-day extension to research the viability of applying for a short plat for this property. Your.new compliance date is July 15, 2008, USPS - Track & Confirm UNITFDSTilM PM��� Track & Confirm Search Results Page 1 of 1 HQrne I HtW I ftp in Tracts & Confirm EAQs Label/Receipt Number: 0300 6000 0001 8402 7359 Status: Delivered Track& Confirm ` ..,. Your item was delivered at 12:34 PM on May 23, 2008 in RENTON, WA Enter LabeVReceipt Number. 98055. ;4aTdiBwra! Details > , r Rar,mr ro USP& coax Kamer ; Gnx hficattnn OtinnS Track & Confirm by email Get current event information or updates for your item sent to you or others by email_ Grr Site -Map Contact Us Ea±ms o_v_'i lip gyi,c.As Jlpp_s PrivAry policy jgl s oT sg jystjonal & P tier Acco�n. Copyright©199Q-2007 L15PS. All Rights Reserved_ No FEAR Act EEO Data FOIA U.S. Postal Service Delivery Canfirrnaflori R'ceipi Q- Postage and Delivery Confirmation fees must be paid before malting "n Artlgl�:SW Ta (to be .mayert . m F%m PAN CbLv ru 350 '' to 9 POSTAL CUSTOMER- . Keep thls receipt. For Ini;'*Jes: z d Postmark a les or call 1 web site at lvmrw.usps, Asl a call -ti0t]-222-181t l3 o 3yPYvt. a� G t c oNE,cPosra .use ONLY) m ❑ Priority Mail g ❑ Standard Mail (B) PS Form M March IM :(Bee a ersa) httn-//trkcnfrm1 grni»gns_cnmIPTCTntQ.rnetWP.h/TntPrT.nhralTnn,r'rrvAn llS/7Qlif1flQ Denis Law, Mayor July 29, 2008 Delivery Confirmation # 0300 6000.0001 8402 6260 Robin D. Miller 18.14 8E21s'PL CITX )F IRENTON Department of Conununity and Economic Development A[ex Pietsch, Administrator v L,)r3 - i racK QL t_ onilriii rage i or i Track & Confirm Search Results Label/Receipt Number: 0300 6000 0001 8402 6260 Status: Delivered Track & Confirm Home I Help I Sign in Your item was delivered at 12:21 PM on July 31, 2008 in RENTON, WA Enter Label/Receipt Number. 98055. Addfflo+rMDa > j Retn+�1 Ao f►SP�.t:+anr �forA. > Fkmcatian Options Track & Confirm by email Get current event information or updates for your item sent to you or others by email. IQo> 90> 9 Site Man nnt_acl. s Farms Gov? Services ,)ohs Privy Policy Ter -§; 2 VIe NNafional & Premier Accounts Copyrights 1999-2007 t1SPS. All Rights Reserved. Na FEAR Act EEO Data FOIA ,,; r:,;..��. � :,-,-� t•.,,.r�=,:�g; �a;e� :, U.S. Pasta) Service Deliveryn ilrmatiAn Receipt o Postage and Delivery Confirmation fees mast be paid before mailing. rruu ArtJde Sam io ru i P"Cb&61 �a c�g_ar CC o POSTAL CUSTOMER: a z p Keep this receipt For Inquiries; o Postmark irltemet web site at www,usps.com A ' Here or call1-800-222-1Bit tC3 1�I' rn 0 o PT!; f A! EVW IL USE W&Yl o ��� ❑ (Priority Mall ❑ Standard Mail (B) PS'Fam 152, Mwth 1 M {See Fraverael http://trkenfrml.smi.usps.com/PTSIntemetWeb/InterLabelInquiry.do 08/04/2008 5� r' V :.HEN',..RECORDED RETURN TO ROIXER, I..-LEWIS, Attorney Pi, a.', Bqx ,273 " Fk�ntan s i ashing'ton g-80:5,7-0273 WARRANTY.>`PgLFILLMENT DEED THE GR:,NTORS,.:' M. MA :ZNh �#tUBESIC and MARY ANN JOHNSON, each in their respectz: a ::=sole' c,�.pa'Cit'ies and as to their separate estate, and in consid'6.r.ation ok ten.:-:'Dol'Thrs ($],6:;`g0) and other good and valuable cons ide'rat• �on;:`in,;::•handi""paid,'=-.:conv�y; and warrant to ROSIN D. MILLER and DIANE ':.,E.: MILLER, ; husband.,... Skid wife, the following described real estate> sltuaf-ed.:�-irk *FKi::g,.Co nty, state of Washington: X,pt 27, Block 1, CaS'caae V to accard-�'ng tq• plat.:%thereof _red-orded in Volume 60 .of PIat<s, pa-'%es..:_,.33°,':thr•,,u�h 35, records of Ring county, ashirigon. hi dOed is given in fulfillmeAt ;of tba,t tetta�.n real estate cbntr•:&ct: be;tween Emil August Rantapaa '..:,as~:his,: separate estate as ,$ell.er ind ..itobin D. Miller and Diane E. krljray' husband and wife as pur.chaeiers. tiffte'd• the 27th day of January, 14-7,8,,�'ano conditioned for th6-:%.cafiveYyance of ..'::the above --described property., Nand` the covenants of warranty; h.ere;Tr:;,cobtairked shall not apply to any`:�tltle, interest or e'ncumbip:° rice ,.-ar 57 rrg thy, through or under the purchaser in said con`tr-a'ct,'. a�� Ahaii.,,'not*::.,.apply to any taxes, assessments or other charges i.ev ,ecl`; s essed br becoming due subsequent to the date of said contk,act . The above :naj ed gra.itc>rs .,''derive title through Deeds and Seller's Assignm&ntt `0.f R,�a Estate..Contract recorded under Ring County Recording kos. 8o-01140'25d artd ..41 03230890. Real Estate Excise ::,,,,Tax Oas pa'Jd on this sale on under Receipt No. E 454544. Dated this( day of., Sptemier. L$'8. % s M, Maxl.rle •�i�'ba�rc EMM Sax pgid ott Contmd At No. � ��Jo Kind Co. Raw* Mary Elyva k WARRANTY FULFILLMENT DEED PAGE l a' .t. .i• .ss .i STAT.-E"OF WASHINGTON } C bkTY QF KING ) O1i .-this day peso 'filly appeared before me M. MAXINE GRUHESIC to tro'°.;,be;- t��ke individual described in and who executed the wa.thii�, anor gbina i'nst.r.0 ent, and acknowledged that she signed the;sa7me:'asL hey'.free .:and vo `'untary act and deed, for the uses and purposes `: re:in.',mei) phed,r.,,; Dated t.:his "• dad of'"September, 1988. R .t'a'ry ub-.I� _ in and for the S ate at Wash'i n ton,..tresiding at Commissn >exp•ies /U -, r- - --- STAVE OF ''WtSCONSIN On.° this day personally appeared before me;`� MARX: ' ANN J'OHNSON to :me Anon t'b be the individual descr�bei""" i� n�3 rho executed the within an�3 .:for'eg-oing instrument., and acknotol,:6d.§ed:' that she signed thie':.:s'ame s her fxee and voluntary act and deM for the uses and :.purpose0 thej;.en mentioned. "'batedhi. �'_ % day of September, 1988. p lic in and for the 'State of cogs_nr:• residing at ,+� -�- '`'Gcim�ls�•Za�-ex�Yres �� � ^_ 10.29.46 .. r,• F: ,r• 2 WARRANTY FULP ILLMENT BLED PAGE 2 I July 31, 2008 Mr. Neil Watts, Director Development Services Division City of Renton Subject: Notice of Appeal of July 17, 2008 "Notice & Order" Property Address 16855 125t' Ave SE Reference: Your Letter Dated July 17, 2008 titled "Notice and Order" Dear Mr. Watts; CITYQFMENTON RECEIVED AUG 0 12008 BUILDINGDIVISION I am responding to the reference letter titled "Notice and Order" and am providing notice of my desire to appeal that action. I have delayed my response in this matter to gain visibility of the medical assessment of my condition & the near term follow-up surgery plan my doctor discussed with me yesterday. My activities have been restricted since undergoing surgery in June as have my efforts to voluntarily address the complaints raised in prior communications. However, efforts have been made, though unsuccessful to date, to find a towing company or suitable place to re -cycle the travel trailer and those efforts are continuing. The matter of the building is more complicated. Unfortunately I am unable to attend a hearing on the 11t' of August as I am scheduled to be out of State, expecting to return on the 14''. It appears that I will be undergoing a follow-up surgery as soon as a schedule cancellation appears in the week of August I e, I respectfully request the rescheduling of a hearing date for August 7 -- 8, or August 15, or during the week of August 25ti' to be heard in this matter. Thank you for your consideration. 4inD4Ce_i 1814 SE 21 " Place Renton, WA 98055 Cc: Marilyn Kamcheff Code Compliance Inspector Development Services Division City of Renton Notice of Appeal —July 17, 2008 Notice & Order Page 1 of 1 RENTON MUNICIPAL COURT STATE OF WASHINGTON ) :ss COUNTY OF K I N G ) NO: AFFIDAVIT FOR SEARCH WARRANT The undersigned on oath states: 1 believe that: [ x ] Evidence of the crime(s) of: Unfit Building RMC 1-3-5 [ ] Contraband, the fruits of a crime, or things otherwise criminally possessed, and [ ] Weapons or other things by means of which a crime has been committed or reasonably appears about to be committed, and j ] A person for whose arrest there is probable cause, or who is unlawfully restrained islare located in, on, or about the following described premises, vehicle or person: 16855 1251h Ave SE Renton, King County, WA My belief is based upon the following facts and circumstances: I have been a commissioned law enforcement officer for over thirteen years. I am presently employed by the City of Renton Police Department, assigned to the Special Operations Division, Directed Enforcement Team (hereafter known as DET). One of the functions of DET is to investigate code compliance referrals, such as Junk Vehicles, Bulky Waste, and Unfit Buildings. I have successfully completed Basic Law Enforcement Training through the Washington State Criminal Justice Training Commission. I have completed continued training through the Renton Police Department. In the last year and a half 1 have investigated numerous code compliance cases. On or about March Ieh, 2008 Renton Code Compliance Inspector Kamcheff sent an order to correct to Robin Miller regarding a property he owns located at 16855 125ei Ave SE Renton, King County, WA. The orders specifically addressed a dilapidated travel trailer parked in the driveway and the residence itself. The order regarding the Unfit Building had the following wording taken from RMC 1-3-4: Unfit or Abandoned Structure: Any structure, which has been damaged by fire, weather, earth movement, or other causes, and which is not fit for occupancy, and has been abandoned or unoccupied by Iawful tenants for a period of 90 days; or where the cost of repair exceeds the value of the structure once repaired; or such a damaged structure whose owner shows no intention of completing or making substantial progress on completing such repairs within 90 days. Since the Orders were sent to Miller, he has responded via mail to Inspector Kamcheff. He disputes the City's contention that the Trailer was a junk vehicle" and likewise disputed that the house was an "Unfit Building". On July le, 2008 1 inspected the property regarding the trailer;/junk vehicle. Based on my observation, I believe the trailer qualified as a junk vehicle and it was not feasible to repair (it). I cited Miller for the charge of Bulky Waste (RMC 8-1-4 E). While I was there I conducted a cursory investigation of the outside of the residence. I noted that a lot of the roofing material (asphalt shingles) was missing and there was just the plywood sheeting to keep the weather out on the east side of the roof At one point several tarps had been employed as roofing, but many had succumbed to the elements and were in tatters. Additionally, all the windows are boarded up, the power meter is missing, and the neighbor directly to the south stated the home had not been occupied in 12 years. Inspector Kamcheff The above mentioned code specifically states structures damaged by weather and not fit for occupancy and have not been occupied by lawful tenants for 90 days is an unfit or abandoned structure. Based on Search Warrant Page 1 of 3 _ _ RENTON MUNICIPAL COURT the lack of proper roofing material, I believe the flooring, walls, and any cabinets will have substantial damage that render the house unrepairable from a financial standpoint. Therefore, I respectfully request court authority to search the above emises, vehicle or person. _ ,f -4 X icer Jim Gould Affiant Rento4 EQ. Det. #8032 Aqen v, Ti e, Personnel Number Subscribed and Sworn to before me this ay of JU Issuance of Warrant Approved: By: Copies: Judge (Original) Police File Search Warrant Page 2 of 3 2008. Imily L. JURWO RENTON MUNICIPAL %:OURT STATE OF WASHINGTON SS COUNTY OF K I N G NO: SEARCH WARRANT TO ANY PEACE OFFICER IN THE STATE OF WASHINGTON: Upon the sworn complaint made before me, there is probable cause to believe that the crimes of Unfit Building, RMC 1-3-5 has been committed and that the evidence of that crime or contraband, the fruits of crime, or things otherwise criminally possessed; or weapons or other things by means of which a crime has been committed or reasonably appears about to be committed; or a person for whose arrest there is probable cause, or who is unlawfully restrained is/are concealed in or on certain premises, vehicles, or persons. YOU ARE COMMANDED TO: 1. Search withidays of this date, the premises, vehicle, or person described as follows: 16855 126" Ave SE Renton, King County, WA. A one story white residence with the windows boarded up. 2. Photograph and document, the following property or person(s): • Evidence of the above crimes, including but not limited to water damaged flooring, ceiling, walls, cabinets, and any other unsafe condition present in or on the house. • Evidence of lack of occupancy. 3. Promptly return this warrant to me or the clerk of this court; the return must include an inventory of all property seized. A copy of the warrant and a receipt for the property taken shall be given to the person from whom or from whose premises property is taken. If no person is found in possession, a copy and receipt shall be conspicuously posted at the place where the property is found. JUD TERRY L. JURADO Coples: dge (Ori nal) Police File Copy for remises Searched Search Warrant Page 3 of 3 Project SR08-0350 #4 - 03/11/08 Taken by I mcheff Photo Packet #1 Printed: 08-14-2008 Marilyn Kamcheff Project: SR08-0350 #5 - 03/11/08 Taken by mcheff Photo Packet #1 Printed: 08-14-2008 Marilyn Kamcheff Project: SR08-0350 #6 - 03111108- Taken by imcheff Photo Packet #1 Printed: 08-14-2008 Marilyn Kamcheff 1 } T. r `(. , {t,�� • # r, � 4 '.' � i�a1 ._fir � � �" Of Ali ,!,-i.MN, i .. �. ��►. "�_ ..fir '+, —�+'`� -� ,. r i r - ..i._F r �.3 ,,.r r f' b Y� Project: SR08-0350 #18 - 07/16108 Taken b :amcheff Photo Packet #2 Printed: 08-14-2008 Marilyn Kamcheff 1 x � •k:. tik f. f r. r � t y 'k q ' JAY_- S�. i - L� pr • _ � K,, � •?' Project: 5R08-0350 #29- 08107t08 -Taken Kamcheff Rotted floor jc ists. Photo Packet #3 Printed: 08-14-2008 Marilyn Kamcheff • r S �'il } lit i .� t 3.. .'fir.• ia�. � �-. rl 6 F� I r � l t IL e } � E � e ,•' 1 41% n L � Project: SR08-0350 #28 - 08/07/08 - Takei . Kamcheff Daylight showing through roof rafters. Photo Packet #3 Printed: 08-14-2008 Marilyn Kamcheff Project: SR08-0350 #24 - 08107108 - Taken Kamcheff Dry rot near foundation. Photo Packet #3 Printed: 08-14-2008 Marilyn Kamcheff Z LIQ King County Department of Development and Environmental Services 900 Oakesdale Avenue Southwest Renton, Washington 98057-5212 Case Number:E0700024 Violator: MILLER ROBIN D Location: Site Address:16855 125TH AVE SE KC Permit Type:ENFORCE Permit Status:DETERMIN Date Printed:02-11-2008 Application Date:0110712007 Title: Description:HAZARD-VACANT HOME OPEN TO ENTRY. AN ACCUMULATION OF INOPERABLE VEHICLES THROUGHOUT PROPERTY. The following holds, notices, and comments have been entered. LUGARJ 01/10/2007 0100/2007 OFFICER BILL TURNER HAZARD -VACANT HOME OPEN TO ENTRY. AN ACCUMULATION OF INOPERABLE VEHICLES THROUGHOUT PROPERTY. V101 SENT R-6 TURNERBI 0111912007 1-17-07 Site visit. This property has been the source of numerous complaints over the last 15 years. It is a vacant, boarded up OFD in a state of deterioration. There is a deteriorated RV parked in the driveway with broken windows. It is filled with debris including rat droppings. There is a PU truck licensed in 2007 to the property owner in the carport that does not appear inoperable. There is a non- owner registered vehicle parked on the rear lawn that is inoperable. Took photos. TURNERBI 02/01/2007 2-1-07 Vio 2 sent. TURNERBI 02/01/2007 TURNERBI changed status to DETERMIN on 02/01/2007 (added by script) TURNERBI 0510112007 5-1-07 Site visit this day. Vehicle on the rear lawn has been removed but damaged trailer and pickup truck remain. TURNERBI 05107/2007 5-8-07 Vio 6 sent. TURNERBI 06/07/2007 6-6-07 Site visit. Damaged trailer and pickup remain. TURNERBI 02/05/2008 10-23-07 Site visit. Trailer is still present. Took a photo. TURNERBI 02/05/2008 12-26-07 Site visit. Took photos. The trailer is still present. Although the house remains closed to entry, the structure is deteriorating rapidly. The roof appears deflected. This site will be annexed to Renton effective 3.1.08. TURNERBI 02/11/2008 2-7-08 Site visit. All vehicles have been removed but the pull trailer is still present in the driveway. Most of the windows have been broken. The house is still closed to entry but the roof deterioration has accelerated and the structure is no longer weatherproof. Took updated photos. IT i, 3A �r '" 1�/• � p''__ '� � ����� ems" ��'`-`� � ���'�s'4 � �0 `ITT=`��` r_ ;- ��S P�: • .�:r�" ; 8 +; r>. At +..� S h + ' wpm- .c • -- i1' "wit Y ;f'e JI94% 1 3 n f 1, ? . y`€ S L � q 4 +xy�ti. x f Y➢ 7. 1. r f i �i - [, . ry ...-r-._ �-L. -- - - _ S ..G�N 7',_ :=:fir'• Page I of 1 Williams, Toya From: srsewing@aol.com Sent: Thursday, December 13, 2007 7:37 PM To: Code Enforcement, Web Complaints Subject: 064 Online Code Enforcement Complaint - s. morse This is notification that a Citizen Complaint reporting a potential code violation was submitted as follows: Date: 12/13/2007 Reference No: 064 Site Address/Location: 16855 125th ave se renton wa 98058 ? Parcel No: 1432400136 ? Owner: robin d miller ? Occupant: none, unlivable Responsible Party (if other): ? Description: House abandoned, boarded up, tarp for roof. Boards for Windows. Told by neighbors this home has deteriorated over neglect for 12 plus years. Public Health has reported rats on property causing rats in our neighborhood. Plumbing broke last winter causing flooding on both properties. This shack is unlivable and unsafe and unsightly. Section 1-3-4(c)(22) of the Renton Municipal Code defines unfit and abandoned structures as "any dwellings which are unfit for human habitation and buildings, structures, and premises or portions thereof which are unfit for other uses due to dilapidation, disrepair, structural defects, defects increasing the hazards of fire, accidents or other calamities, inadequate ventilation and uncleanliness, inadequate light or sanitary facilites, inadequate drainage, overcrowding or due to other conditions which are inimical to the health and welfare of the residents of the City of Renton. (Ord. 5221, 9-11-2006)". 1 am hoping someone can influence my neighbor to do what is right and tear down or re -build the shack before something happens that could hurt the whole neighborhood such as an accidental fire. Type of Violation: Accumulation of junk and debris Substandard housing conditions Dangerous build' gs or conditions Action On -going: Yes Beginning Date: 12 years ago Slopes: No Wetlands: No Streams: Na ()0 �]61 Features above impacted?: No 0 IID �Y Complainant., s. morse Address: City/Zip: Telephone: 206-999-9772 E-mail: srsewing@aol.com Confidential: Yes Requested Mediation info?: No Requested Acknowledgement Letter?: No 12/13/2007 0 King County Department of Development and Environmental Services 900 Oakesdale Avenue SW Renton, WA 98055-1219 May 8, 2007 Robin D. Miller 1814 SE 21"' Pl. Renton, WA 98055 RE: King County Code Violation Code Enforcement Case 4E0700024 At: 16855 125"' Ave. SE Zoning: R-6 Dear Mr. Miller As owner or agent responsible for the property noted above, you were notified that certain conditions have been found to exist at that location which were declared to be in violation of the King County Code. To date, we have not been informed as to whether or not these violations have been corrected. You are hereby notified that these violations must be corrected. You are to call for an inspection within fourteen (14) days or further action will become necessary as prescribed by the code. To discuss this matter further, please contact me at (206) 296-7084. If I am unavailable, leave your name, case number, and phone number on the voice mail and I will return your call as soon as possible. You may also respond by fax at (206) 296-6604 or Email at wil liam. turner@metrokc. gov. Thank you for your cooperation. Officer Turner King County Code Enforcement King County Department of Development and Environmental Services 900 Qakesdale Avenue SW Renton, WA 98055-1219 May 8, 2007 Robin D. Miller 1814SE21"Pl. Renton, WA 98055 RE: King County Code Violation Code Enforcement Case #E0700024 At: 16855 125th Ave. SE Zoning: R-6 Dear Mr. Miller As owner or agent responsible for the property noted above, you were notified that certain conditions have been found to exist at that location which were declared to be in violation of the King County Code. To date, we have not been informed as to whether or not these violations have been corrected. You are hereby notified that these violations must be corrected. You are to call for an inspection within fourteen (14) days or further action will become necessary as prescribed by the code. To discuss this matter further, please contact me at (206) 296-7084. If I am unavailable, leave your name, case number, and phone number on the voice mail and I will return your call as soon as possible. You may also respond by fax at (206) 296-6604 or Email at william.turner@metroke.gov. Thank you for your cooperation. Officer Turner King County Code Enforcement King County Department of Development and Environmental Services 900 Oakesdale Avenue SW Renton, WA 98055-1219 February 1, 2007 Robin D. Miller 1814 SE 2 1 " PI_ Renton, WA 98055 RE: King County Code Violation Code Enforcement Case #E0700024 At: 16855 125fh Ave. SE Zoning: R-6 Dear Mr. Miller: An inspection of the subject property and/or review of the file has confirmed the following violation(s) of King County Code exists on the subject property: Inoperable vehicle (Toyota 797SJQ) in the rear yard area, dilapidated travel trailer in the driveway and assorted debris in the yard areas. To correct these violation(s): Remove these vehicles and materials from the premises by April 1, 2007. Our office is now preparing legal notice directing you to immediately resolve these violation(s). This legal notice will subject you to civil penalties, which will begin immediately upon issuance of the order. If the violation(s) are not resolved, the civil penalties could amount to several thousand dollars, and you may also be subject to an abatement process in which a contractor would correct the violation(s). The civil penalties, costs incurred by the county to pursue code compliance, and the cost of that abatement would be your responsibility and may be filed as liens against your property. It is important you respond immediately to this notice. To discuss this matter further, please contact Bill Turner at 206-296-7084 or email william.turner@metroke.gov. If he is unavailable, leave your name, case number, and phone number on the voice mail and lie will return your call as soon as possible. You may also respond by fax at (206) 296-6604. Thank you for your cooperation. Inspector Turner King County Code Enforcement INV- 3+f _ N, i l : Case 4'. EDV 143 Address 116855125TH AVE SE KC Status CLOSED OWNER, JKLLER ROBIN D txce Date. 1121202003 ]Tiewoel ioc Fses � Arntr fond Irrsp Inc HEN eiate , Parcel I rst Parcal Number Type Suit Type Level Date 143240M35 E0 J0614 ENfORCI ENFORCE P 06f11J2D02 CLOSED IMIILLER ROBIN D - 143240 0135 E03�i05p ENfQftCi,ENFDRCE 'P 11110J290t3 CLOSED. MILLER ROSIN D 3mill C 1432400135 E9000396 ENF[JRCl,ENFORCE ;P 041131199 CLOSED MILLER ROBIN 1432400135,,._ E95D0629 ENfi3RCl: €NEGRCE p 06/02/1995 CLOSED MILLER R061N D , 14324 0135 E97i11136 SENFORC;ENFORCE t10101f19971CLOSECI 'MIILLER ROBIN ...... 1432400135 E8�0^a73W _G ENFQRCI ENFORCE ° 04115J193b CLOSED iMILLER ROBIhID �133A211S99 .:. 102400135 E9�0627 EH�P CLOSED MILLER.ROBIND _. - .... _ 1 _ _-.._.... 1430400135 _. __..._ p E99004 ... , ENFRRCI:EHFORCE 07/12/1999 CLOSED _ !MILLER ROBIN D Aecurd: 3 of 9 Se4ect Parcel Numbers Like — OK 5eiect tAuRitAes & Make Activity Set i Fikers, _----- Show AddressAtta&rnerd3 i Status Type- ? mm -�b'Xe Back tG Entered Date Oetween' f_I� erd W I�fT Ala. Se�ect✓Exit .. -.... .i--.— of s a _ q FR c MU Wednesday. Jan 10, 2007 01751 PM User: lugarj Computer: DE2479312 Os: Windows NT Version: 5.1 Vehicle/Vessel Inquiry System Page 1 of 1 State of Washington - Department of licensing VehicleNessel Inquiry System KING COUNTY (DDES) CODE ENFORCEMENT - 900300 NEW SEARCH IMPORTANT; Information displayed on this screen may have been last updated 48 hours ago. If you have questions concerning this record please call 360-902-4000. Mailing Address of Registered Owner ISALE.S,CARLOS A 1616 SW 104TH ST APT 3 SEATTLE WA 98146 Plate information: Plate; Expires; Issued: Tab #: Previous tab #: Plate Flags: VIN Flags: 797SJQ 11 /06/2006 08/2004 V909323-06 Y890728-06 Centennial plate Title/Renewal information: Total fees paid: $19.50 Title #: 0605520408 Title transferred; 1 V1512005 Additional vehicle information: Gross weight: Scale weight: 2880 Ibs Tonnage fees: $0.00 Tonnage abatement: Tonnage exp date: Legal Owner: Remarks: Zip code in R.`1'A Monorail Split lip Reverified address Brands: Vehicle information: Model year: Make; Series body: Model: Body type: VIN: Use Class; Color: Current odometer: Previous odometer: Power: Value code: Value year: 1989 TOYT CAM4D CM 4D JT2SV21E3K3377853 Passenger Car Gray E 0000000 E 0000000 Gasoline 12328 1989 https://fortress.wa.govIdol/ivipsprod/Vehlnfo.asp 01 /19/2007 VehicleNessel Inquiry System Page 1 of 1 State of Washington - Department of Licensing Vehicle/Vessel Inquiry System KING COUNTY (DOES) CODE ENFORCEMENT - 900300 NEW SEARCH IMPORTANT: Information displayed on this screen may have been last updated 48 hours ago. If you have questions concerning this record please call 360-902.4000. Mailing Address of Registered Owner MILLER,ROBIN D MILLER,DIANE E 1814 SE 21ST PL RENTON WA 98055-4554 Plate information: Plate: Expires: Issued: Tab 9: Previous tab: Plate Flags: VIN Flags: A45521 H 05/28/2007 06/2000 F494280-07 X932344-06 Centennial plate Titie/Renewal information: Total fees paid: $67.00 Title 4: 8421300709 Title transferred: 03/16/1978 Additional vehicle information: Gross weight: 8000 lbs Scale weight: 4250 lbs Tonnage fees: $58,00 Tonnage abatement: 12 Tonnage exp date: 05/28/2007 Legal Owner: Remarks: RTA "fax paid Verified address Brands: Vehicle information: Model year: Make: Series body: Model: Body type: ViN: Use Class: Color: Current odometer: Previous odometer: Power: Value code: Value year: 1972 FORD PU F25YRN45549 Personally used Truck Green, Dark /Green, Light Gasoline 3875 1972 https://fortress.wa.govIdol/ivipsprodNehlnfo.asp 01/19/2007 King County Department of Development and Environmental Services 900 Oakesdale Avenue Southwest Renton, Washington 98055-1219 CODE ENFORCEMENT COMPLAINT FILE Case # : E0700024 Opened: COMPLAINT; HAZARD -VACANT HOME OPEN TO ENTRY. AN ACCUMULATION Parcel Number: 143240-0135 Site Address: 16855 125TH AVE SE KC City,Zip: ??, ?? Owner Name: MILLER ROBIN D Violator Name: MILLER ROBIN D Phone # Hm Wk Pg/Fax Email : Zoning ??,??, ?? q� Property Size: (acres): 0 (sgft):?? 0 Violation Type HZ Priority Type: ?? Inspector BTUR STR: (??)�� Incorporated City: p Y Complaint: Anonymous: Confidential:Y Wants Notification: Date Printed, [01-10-20071 CE_COVER boa King County Department of Development and Environmental Services 900 Oakesdale Avenue SW Renton, WA 98057-5219 January 10. 2007 Miller, Robin 1814 SE 2 1 " PL Renton, WA. 98055 RE: King Countv Code Violation Code Enforcement Case 4E0700024 At: 16855 125"' Ave SE Zoning: R-6 Dear Ms. Miller, This agency has received a complaint alleging that the following violation(s) exist on the subject property HAZARD -VACANT HOME OPEN TO ENTRY. AN ACCUMULATION OF INOPERABLE VEHICLES THROUGHOUT PROPERTY. While some complaints are unfounded or exaggerate conditions.. many are accurate and bring important code violations to our attention. if your property is in violation, immediate steps must be taken to bring the property into compliance. An inspection of your property will be conducted to conrirm any violations. Some types of alleged violations take priority over others and inspections will be performed accordingly. \ 'c r� ill inspect as soon as possible to verify the complaint. If your property is found to be in compliance at that time, our case will h� closed. If your property is found to be in violation, and we have not received a response to this letter, our office will prepare legal notice directing you to immediately resolve the violation(s). The legal notice will subject you to civil penalties, which will begin immediately upon issuance of the order_ If the violation(s) remain unresolved, the civil penalties could amount to several thousand dollars, and you may also be subject to an abatement process in which a contractor could correct the violation(s). The civil penalties and cost of that abatement would be your responsibility and will be filed as liens against your property. To avoid this legal notice, please contact me at (206) 296-7084 within 7 days of the date of this letter to discuss this complaint and a compliance schedule if a violation is confirmed. Sometimes appointments, meetings or priorities may make me unavailable during this time. If I am unavailable at the time you call, Icave your name, case number, and a daytime phone number complete with area code on my voice mail and t will return your call as soon as possible. By leaving a message within the 7 day time frame, this will be considered meeting the deadline for response to this letter. You may also respond by fax at (206) 296-6604 or Email at william.turner;c , troke,goy. I am also available at my oflicc by appointment only. Thank you for your prompt attention to this matter. Sincerely, Officer Turner King County Code Enforcement Enclosure: DATE: Z) & RCVD FROM VM. 6HONE: WALK IN FAX LTR REFERRAL FROM TAKEN B : (Please circle) HSAW ATIJ SHOR MIMP DOLE EGAR BTUR SLUR BWOO JBR OQ NAME OF COMPLAINANT: Et/E Q%hrru PHONE #JZ j Z: C:6 { WK# COMPLETE COMPLAINANT ADDRE CONFIDENTIAL: ACKNOWLEDGEMENT LETTER: YES -NO ADDRESS OF COMPLAINT: tzc "AV PRDPERTY OWNER NAME: GorN PARCEL # MAILING ADDRESS; 6 j T CONSTR. OF UNDER CONSTRUCTION?? WHERE?rDC�G-({C:Cr� IIZU�CI� ,{U i FL11@L'IMa.13ZG` WHERE _ SUBSTANDARD DWELLING:- —-TENANT/RENTER? GRIC L: CRITICAL AREA? HAZARD: Y/E�S1 NO WHAT? W/O PERMITS WORK COMPLETED? HOW LONG? %'tiIORK COMPLETED: WORK BEING DONE NOW CO PARCEL # CHECKED FOR OTHER ACTIVITIES ASSESSOR'S INFO PRINTED REFERRED TO INSPECTOR FOR FOLLOW-UP/ADDTL. INFO REQUJ REC! (CASE NOT OPENED) CALL BACJ�QN12L FOR MORE INFO CASE # OFFICER V REFERRAL TO OTHER DEPT( :P SUBLIC/BSWCODE ENF'TFMPLATES & FORMS/COMPLAINT FORM � Revised: 6/14106 GISMO - Parcel Information Report ' 6 Page 1 of 2 Ding County DD1ES Parcel Information Report -Change Report - This report was generated: 1/10/2007 1:53:18 PM Parcel Number: 1432400135 I�n Base Info Parcel Number: 1432400135 Tax Payer: MILLER ROBIN D Annexation: N/A Jurisdiction: King County Situs Address: 16855 125TH AVE SE Zip Code: 98058 Postal City_ Reference Info Plat Name: CASCADE VISTA ADD Plat Recording Date: N/A Plat Lot: 27 Plat Block: 1 Kroll Page: 602 Thomas Brothers Page: 656 1/4-S-T-R: SW-28-23-5 Lot Area: 9,170 SgFt. (0.21 Acres) Planning Info The information included in this report has been compiled by King County staff From a variety of sources and Is subject to change without notice. King County makes no representations or warranties, express or implied, as to the accuracy, completeness, timeliness, or rights to the use of such information. King County Shall not be liable for any general, special, indirect, incidental, or consequential damages including, but not limited to, lost revenues or lost profits resulting from the use or misuse of the information contained in this report. Any sale of Phis report or information on this report is prohibited except by written permission of King County. Zoning: R-6 Comprehensive Land Use: um Assessor's Open Space: N/A Commercial Use: N/A Number of Units: N/A Appraised Land Value: 2005 - $67,000, 2006 - $73,000 Appraised Improvements Value: 2005 - $55,000, 2006 - $57,000 Administrative District Info Community Plan Area: Soos Creek Unincorporated Area Council: N/A School District: Renton School District 403 Fire District: 0040 Roads MPS Zone: 336 ($4,696) Roads Transportation Concurrency Mitigation Zone: 789 Waterfront: No Water System: WATER DISTRICT Water Service Planning Area: Soos Creek Water and Sewer District Sewer System: PUBLIC Airport Noise Remedy Program: N/A Bald Eagle Flag: N/A Council District: 9 Reagan Dunn Drainage Basin: Soos Creek: WRIA 9 Police Jurisdiction: King County http:Hddeshome/gis/reports/parcel info. aspx?pin=1432400135 01/10/2007 GISMO - Parcel Information Report ' 6 Page 2 of 2 Police Precinct: 3 Police District: F3 Snowload Zone: Standard Agricultural Production District: N Forest Production District: N Rural Forest Focus Area: N Transfer Development Rights Type: N/A Transfer Development Rights Status: N/A Transfer Development Rights Permit Number: N/A Inspection Area Info Building Inspection Area: S-4 Clearing Inspection Area: Jim Ballweber Code Enforcement Inspection Area: Bill Turner ESA Inspection Area: Kathy Newborn Grading Inspection Area: Ramon Locsin Land Use Inspection Area: Tenzing Thinley Sensitive/Critical Area Info Sensitive Areas Notice(s) on Title: None - Sensitive Historic Site: None Aquatic Areas Buffer: N Basin Condition: Medium Flow Control Area: Conservation Flow Water Quality: Basic Water Quality Treatment Critical Aquifer Recharge Area: None Area of Potential Wetland Influence: N Enter a 10 digit Parcel Number: Search tlOnS':(GI (e.g. 2223059015) http://ddesbome/gis/reports/parcelinfo.aspx?pin=143240013 5 01 / 10/2007 ``yyam� _ .. AA rr 4R M 12?0 �OilF3 '. 1 ., _ ..- ' .. .. ";%d`# i4 46S F ..-:5. E `•n. 38 . _ -.... . r ® Rpn"ti KING COUNTY DEPT OF ASSESSMENTS RD01 PA111260-S1 REAL PROPERTY CHARACTERISTICS 01/10/07 11:54:07.. �] IP['[: 14T1_�240-01 ;--0 ;,I_�l�US: 16855 1 `�`N; V ri�/..�i�h�..41 ER: :11 LLE ROBIN D 1( j �lS R: SW 8 :. � OS LOIN 2 r BLK: I P[,AT: CASCADE VISTA ADD i I]I KINIG 0.) 1 A M D D A T A * I** DUI L D I N G D A T A BLDG T OF 1 ZONE ACTUAL ! BLDG SQ FOOTAGE DATA M ISC. BLDG �_141";, 11UR SDICTION KTHG (70 1 FLOOR ` 20 YEAR BULL:' 1958 SQUARE FEET 917iC 1/2 PLOOK 4S`LORIES 1,0 WATER SYSTEM 161TLI DIST j 2ND FLOOR AIVING UHI`['S 1 SEVER L'UBITC UPPE1: FLOOR. DAYLIGHT BSHT VIE: NO I TOTAL R SST MAY S DU I C E" G A'3 OPEN SPACE E FIN DSMT HEAT SY',,`I'EP1 I'R ?DTP, I BS?IT GARAGE ACCESSORY TMPS T1[.,JAH1);: TOTAL LIVING AREA 9:.0 TKQ, AREA uJATQRF ROOT FEET ATTACHED GARAGE. POOL COLSSTR P'T � L7�a�.`ATIU,:J j DET GARA(--, e� FT Rom fEf�1�REA pt o'�WT 1PIG'F3` S i')IVL`r' ( BEDROOMS RI�E F{E_:h�lla —SCREEN, l:fr-1Oi"SE 0,NE OP`I'ION:�WPFESS -;PRINT>J`1'O�PRINT QV0 FOR LEGAV, <rFf=,` R)R HISTORY. QM FOR TAXES 011, Alp All"I"I'll , -�� P - i - , -�' - 1� _,, -- �, o i 5 0 DOS': 0 711-31/06, REVALUE ST:CURN�T ACTIVE F) 8"-)A021 CASICADE `,HSTA ADD 1. .8 , 14 01/10 107 RE1,1TOM Icl, 98055 LOT. 27 BLOCF: I LAST LEGAL is RY OY ST SC NC LEVY OM- Lip LAND 111 P S BILLED PAID P A 08 IV 42W -78,000 61,000 . 00 Go 07 T 4 2' 5 0 '78,000 Cl, ()()0 .00 "DO Ell 06 T 4250 7a, 000 5-11,000 1 5 . 20 _799.160 If 05 T 4250 C,7,000 55,000 1., 463. f16 1,463.,16 04 425 0 0 0 0 (100 -,f 9 TOTAL DUE: 1,017.99 YEAP, RECEIVABLE TYPE LEVY BILLED AMT PAID AD -IT ACRE BENEFIT F 111 E 1) 1,S'T I -'T 9340 104.,.9 o(.: FIRE DISTF,.CT 9'-A0 114.11 05 0 (-5 SURFA,2E tt)ATER 9410 91. 43 4 5.'! 1 0F,, STM B-')I,,fD 47 0 10. 5 5.29 0 (1' � N0z'-710US IIEED 9 C]" 0 1.50 ? u 1 06� C01,1S ERVATT ON 9430 10.00 5.01 14 -'A () 9 i Jj �i i 6 JUMP CODE-. ADDITIONAL UATA