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HomeMy WebLinkAboutDB 8802110626 • • '; wa • war / ■ '1 ■��� ■�E RB ■\� gituv��i u Cry rn 1 J L. tiff GI.FRK C ,..,: [ iUIt1CIPAL BLDG. ?I AVE. kiliilr, Janui 22, 1988 A 681155aix OFFICE OF THE HEARING EXAMINER CITY OF RENTON REPORT AND DECISION 8P/02/i 1 40626 C+ APPLICANT: KENNETH KITE RECD F 8n 00 File No.: D-144-87 CRS1-1SL On I. LOCATION: LOCATION: 2119 Duvall Ave. N.E. Renton, WA. 98056 SUMMARY OF REQUEST: Review of a dangerous building complaint filed by the Building Official to determine whether the structure is a dangerous building as defined by Section 4-2106 of -� the Dangerous Building Code. C11 O ao The hearing was opened on January 12, 1988 at 10:05 A.M. in the Council Chambers of the co Renton Municipal Building. Parties wishing to testify were affirmed by the Examiner. The following exhibits were entered into the record: Exhibit #1 - Yellow File containing application, proof of posting and publication and other documentation pertinent to this request. PERSONS IN ATTENDANCE: Kenneth Bindara, Building Official William Zosel, Attorney Judy Jordan, neighbor Mr. Bindara testified he filed a complaint with the City on December 28, 1987 and posted the building as a dangerous building according to the requirements of the Building Code. The building is considered unsafe and a health hazard; the matter has been on-going since 1986; the occupant has not responded in any way and has even served a jail sentence due to this matter. Mr. Bindara stated the City has tried, without success, for a long time to make contact with the owners of the property. It was recently learned the owner had been hospitalized and became deceased on December 31, 1987. Continuing, a review was given of the inside and outside of the residence noting unsanitary and hazardous conditions in violation of the City's Housing Code. A thorough investigation of the premises was not possible as the house on the inside was in the same hazardous condition as the outside. It was recommended that the trash and debris be removed from the outside of the house, all problems noted inside of the house be corrected within 30 days or the house should be vacated until such time as the outside is cleaned up and the inside problems taken care of. The house is currently occupied. Attorney Zosel addressed this issue stating Mr. Kite had been in the hospital and was placed under a guardianship. He has since become deceased. The Foundation For The Handicapped was made the guardian of the estate. Relaying the status of this matter, as related to him by The Foundation, Zosel said an Unlawful Detainer action was brought against the occupant on behalf of Mr. Kite, and the order resulting from that action by The Foundation was that the occupant had until January 22, 1988 to either vacate or buy the premises. This date Zosel had been informed by one of the attorneys for the occupant that it is unlikely the occupant will be purchasing the house, and if he is not vacated by January 22, 1988 then the heir to the guardian will have the authority under the Unlawful Detainer action to ask that the occupant be removed. Zosel stated he feels this is consistent with the remedy suggested by the Renton Building Official. Mr. Zosel also noted the intent now by Mrs. June Kite, heir, is to more than likely upgrade the residence or sell same; there has been some contact between The Foundation and potential purchasers. The potential purchasers have been made aware there are problems with the property and what their responsibilities may be. The Hearing Examiner wanted it clarified that whether sold or not, no one else will be permitted to live in the residence in it's current condition. It will have to be cleaned up and brought up to code before further occupancy occurs. 1 Kenneth Kite D-144-87 January 22, 1988 Page 2 Testifying again, Mr. Bindara stated he feels the Building Department's request that the building be vacated within 30 days and remain that way until problems are corrected, should stand due to the fact there is a 30 days appeal period to Superior Court from the time the Examiner issues a Decision, which amounts to almost a 60 day time frame. This should be sufficient time for the occupant/owner to correct this problem. Wishing to comment was Judy Jordan. 2205 Duvall. Renton, Washington 98056. Mrs. Jordan lives next door to this residence and addressed the rundown, hazardous condition of the subject premises. She stated it is felt by herself, and others in the neighborhood, that this particular residence is definitely decreasing the value of all of the surrounding residential property as well as curtailing her own personal incentive to make improvements to her own property. She requested that the City now demand the property be cleaned up and brought up to Code. Although not present, the record is to reflect the address of the heir to the property, June Kite, 186 Union Ave. N.E., Renton, Washington 98056. 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 10:25 A.M. Having reviewed the record in this matter, the Examiner now makes and enters the following: N INTRODUCTION c) O This matter came before the Hearing Examiner for the City of Renton pursuant to Ordinance — 3809, The Dangerous Building Code, on January 12, 1988 at 10:00 A.M. The Hearing was held in — the Council Chambers in the Renton Municipal Building. O cO Parties to the proceeding were: Ken Bindara, Lead Building Inspector, City of Renton; and William Zosel, Counsel for June Kite, the heir of Kenneth Kite, the property owner who died on December 31, 1987. A neighbor, Judy Jordan also was a party. The Estate of Kenneth Kite, which is apparently represented by the Foundation for the Handicapped, did not make an appearance at the Hearing. After due consideration of the evidence elicited during the hearing, the following findings of fact and conclusions shall constitute the decision of the Hearing Examiner. Findings. Conclusions & Order: Findings: 1. The subject site is located at 2119 Duvall Avenue N.E., City of Renton, County of King, Washington. The legal description is: The south 80 feet of the east 200 feet of that portion of the north 1/2 of the south 1/2 of the southeast 1/4 of the northwest 1/4 of Section 3, Township 23 north, Range 5 east W.M. lying west of Newcastle Road. 2. A single family home and small outbuilding are located on the subject site. 3. The land surrounding the home is covered with scattered debris, including trash, paper, cardboard boxes, plastic, old tires, car parts and car bodies. Along with the scattered debris which generally covers the site are larger piles of rubbish and debris. 4. Some of the debris is also piled against the dwelling. 5. The interior of the home is similarly maintained. Debris, trash and other materials are found everywhere. 6. The house has inadequate sanitation facilities since water is not connected to the toilet facilities. Water is also not connected to the kitchen sink. A possible cross connection and potential backflow into the public water supply may also exist. 7. Besides evidence of rat dropping and rodent harborage, putrescent garbage was found in the dwelling unit. 8. There is no source of heat available in the dwelling. The back door and surrounding structure are rotted. There is evidence of rot in the walls of the first and second floors. Kenneth Kite D-144-87 • Januar 22, 1988 Page 3 9. Exposed wiring and open walls were found in the living space upstairs. Unsupported ceiling lights hang suspended from the ceiling. 10. There are several broken and missing windows on the second floor. A complete inspection was apparently impossible due to piles of materials and foodstuffs throughout the dwelling. 11. Inspections by the Lead Building Inspector, the Health Department and the Fire Department all resulted in similar recommendations. These various agencies determined that the dwelling was a dangerous building and unfit for human habitation in its current condition. 12. The City has requested that the occupancy be terminated not later than 30 days, and that no occupancy be permitted thereafter until the building complies with current occupancy requirements and meets current Building and Fire Code provisions. 13. The representative of the apparent heir, the deceased owner's wife, generally agreed with the City's position and has indicated that a potential buyer is interested in fixing up the unit. An unlawful detainer action was brought against the current occupant. That action gave the occupant until January 22, 1988 to vacate the premises. The time falls within the City's recommended time period to vacate the dwelling. The current occupant was found guilty of criminal charges related to the condition of the dwelling and has served jail time for the criminal violations. 14. The widow of the owner, June Kite, resides at 186 Union Avenue N.E., City of Renton, Q 98056. 15. Other parties which were determined to have an interest in this property were the Seattle Q Postal Employees Credit Union and Roy Woodbury. Their respective interests were not O established at the Public Hearing. CO 16. A Lis Pendens was posted at the dwelling on December 28, 1987. CONCLUSIONS. 1. There is no dispute between the represented parties regarding the condition of the property and the remedy necessary. While the estate proper was not represented, they were given an opportunity to be present. The deceased's widow was represented by Counsel, and that Counsel did not object to the City's position. In any event, the record clearly and unequivocally demonstrates that the property is in an extreme state of disrepair, harbors rodents, has unsanitary health facilities, rotting doors and walls, improperly installed electrical fixtures and wires, and possibly cross-connected water lines. 2. The site clearly constitutes a threat to the occupant or occupants and is unfit for human habitation. Because it harbors rodents it is also a threat to the general public. The potential cross-connection of water which could backflow into the public water supply also constitutes a threat to the health of the general public. 3. The accumulation of trash and debris constitutes a fire hazard with the potential of jeopardizing life, this property, and other property in the vicinity. 4. Therefore, since there is no dispute regarding the nature of the property or the potential threat this property constitutes to both the immediate occupant and to the general public, the request of the Building and Zoning Department should be approved. There is no excuse to continue or permit the existing conditions to remain. The dwelling is a dangerous building as defined by the Renton Building Code. 5. The Building and Zoning Department has indicated that the property could be rehabilitated, and is not beyond salvage. Therefore, the owner will be required to vacate the premises or cause such vacation within 30 days from the date of this decision. No further occupancy shall be permitted until the dwelling has been repaired and meets current occupancy standards for residential occupancy. ORDER The owner shall be required to vacate the premises or cause such vacation within 30 days from the date of this decision. No further occupancy shall be permitted until the •� Kenneth Kite D-144-87 ranua;y 22, 1988 Page 4 dwelling has been repaired and meets current occupancy standards for residential occupancy. ORDERED THIS 22nd day of January, 1988. FRED J. KAupiA N HEARING EXA INER TRANSMITTED THIS 22nd day of January, 1988 to the parties of record: Kenneth Bindara, Building Official City of Renton William Zosel, Esquire 4908 Rainier Avenue South Seattle, Washington 98118 Judy Jordan 2205 Duvall Renton, Washington 98056 June Kite 186 Union Avenue NE 0 Renton, Washington 98056 CD TRANSMITTED THIS 22nd day of January, 1988 to the following: CO Mayor Earl Clymer Ronald Nelson, Building & Zoning Director Lawrence Warren, City Attorney Glen Gordon, Fire Marshal Lee Wheeler, Fire Chief Pursuant to Title IV, Section 3015 of the City's Code, request for reconsideration must be filed in writing on or before 5:00 P.M. February 5, 1988. Any aggrieved person feeling that the decision of the Examiner is 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 errors relied upon by such appellant, and the Examiner may, after review of the record, take further action as he deems proper. Any appeal is governed by Title IV, Section 2113, which requires that such appeal be filed with the Superior Court of Washington for King County within thirty (30) days from the date of the Examiner's decision. 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.