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OFFICE CV THE CM CL K
RENTON MUNICIPAL BIBG.
?00 MILL AVE.N0. (�: December 10, 1986
RENTON,VIA 98055 JAii t5 Ifl i-3 '$P
OFFICE OF TH (HEARING.EXAMINER
oily-Off'},RFNTON,
KING c,- ,;t 1 Y
REPORT AND DECISION 87/01 15 #U72 f E:
RECD F 9 0 i_I
OWNER: BARBARA SHEPP t I SHC! *:*:*:*9.;iii
File No.: AAD-143-86
LOCATION: 223 Garden Avenue North
SUMMARY OF REQUEST: Building and Zoning Department requests action be taken
0 on buildings due to their deteriorated and hazardous
LI) condition.
O PUBLIC HEARING: After reviewing the Building Department Report and
examining available information on file, the Examiner
conducted a public hearing on the matter as follows:
The hearing was opened on December 2, 1986 at 9:00 A.M. in the Council Chambers of the Renton
Municipal Building. Parties wishing to testify were affirmed by the Examiner.
The following exhibits were entered into the record:
Exhibit #1 - Official file containing information and reports
submitted by the Building Department.
Exhibit #2 - Photographs taken of subject property showing
condition of property and buildings.
PERSONS IN ATTENDANCE: Kenneth Bindara, Lead Building Inspector, City of Renton
For the record, it is to be noted the owner of the above property, the subject of this hearing, was not
in attendance. A registered letter was sent to the owner advising of this hearing, with a receipt signed
by the owner being returned to the Building Department.
The hearing opened with testimony offered by Kenneth Bindara. A review of the history of this
property was given, with Mr. Bindara advising that the owner of the property, Barbara Shepp, has been
notified on several occasions that the subject buildings were considered by the City to be dangerous
buildings. On April 22, 1985 a correction notice was left at the residence because it was found that
someone had begun remodeling on the residence which included a partial re-roofing. No response was
received from this notice. A temporary electrical service was installed on the side of the house,
approved by the Building Department on September 11, 1985, which has since been removed. On
January 6, 1986 the Renton Police Department investigated a report of vandals at the residence, which
was open to entry. On January 8, 1986 a neighbor complained to the Building Department regarding
vandalism at the property, again, with the building being open to entry. On January 15, 1986, Mr.
Bindara stated the Building Department wrote a letter to the owner, Barbara Shepp, asking that she
close the house to entry and obtain a permit for a new roof. The house was closed, but there was no
response from the owner. On September 18, 1986 a certified letter was sent to, and received by
Barbara Shepp, with no response back to the Building Department. On November 6, 1986, Mr. Bindara
stated a notice of complaint was sent to all parties of interest via certified mail. All of the letters were
acknowledged as having been received. On November 25, 1986 Mr. Schumacher, the former owner of
the property, called to inquire if any response had been received from Ms. Shepp. He was advised no
response had been received by the City.
Continuing, Mr. Bindara referred to the photographs contained in the file and stated the house and
accessory building are open to vandals; wiring has been installed in the house without proper City
permits and does not meet City codes; there is damage such as rot and slippage under the house; holes
are kicked in the walls inside the house; leakage has caused damage in most areas of the house; sanitary
appliances have either been damaged or removed; electrical service is in a hazardous condition; and
stated the property outside of the house is in a dangerous state. He said according to the City
Ordinance the house has been declared a dangerous building. He stated previously it would have been
the recommendation of the Building Department that the house and accessory building be closed to
entry immediately; permits for repairs be obtained within 60 days with repairs completed within 90
days, or the house and accessory building would be demolished within 90 days. However, he stated
due to the fact they are unable to obtain any kind of response from the owner on any of their contacts,
his department would now like to recommend that permits for repairs be obtained within 30 days and
the house demolished within 60 days if this is not accomplished by the owner. He had no further
testimony.
L
•
BARBARA SHEPP
AAD-143-86
December 10, 1986
Page 2
As stated previously, there was no one representing ownership of the property present to testify, even
though notified of the time and date of the hearing. There being no further testimony or comments
from Mr. Bindara, the hearing was closed at 9:15 A.M.
FINDINGS
1. The City of Renton Building Department had received a series of complaints regarding a house
located at 223 Garden Avenue North in the City of Renton. The legal description of the
property is Lot 7, Block 4, Sartorisville. This hearing was held on December 2, 1986 at 9:00
AM in the Council Chambers of the Renton Municipal Building.
CEJ
U2. The title to the property is in the name of Barbara Shepp or Shipp, documents containing the
If) owner's name show both spellings. Registered mail sent to a Barbara Shepp were received by a
— person responding to that name sent by the Renton Building and Zoning Department.
Therefore, it would appear evident that the current owner was apprised of the City's concerns
Oregarding the property and was properly notified of all pending actions. Mr. Leo Schumacher
00 the previous owner called Building Department Officials on a number of occasions to ascertain
the status of City actions. City complaints alleged that the single family residence was in a
deteriorated state and should either be renovated or demolished since it was a dangerous
building.
3. Complaints from neighbors were received as early as September 12, 1984. The house apparently
had been vacant for a considerable period and grass and weeds had grown up. The Record of
Complaint, dated September 12, 1984, indicates that a neighbor complained about the overgrown
vegetation on the site and rubbish and junk. The inspection revealed the vegetation, but no
litter or junk.
4. On April 19, 1985 a complaint was made that remodeling had been started, then abandoned,
while the house remained vacant. The Record of Complaint indicated that the house was in
various stages of demolition and remodeling and that a new roof had been added. No permit
had been issued for the work and a notice was issued. The 'Correction Notice' was issued on
April 22, 1985. The notice required the submission of plans, details, legal description and plot
plan, together with the submission of an application for required permits and for required
inspections.
5. At the time of these earlier incidents the property was reportedly owned by a Mr. Schumacher.
Somewhere between the above related incidents and January 7, 1986 the property changed
hands. Barbara Shepp was found to be the owner when the title was searched.
6. A Police Report dated January 7, 1986 indicated that both the main residence and the accessory
smaller house had been vandalized the previous weekend. Sheetrock ceilings had been ripped
open and the back door to the main house had been broken down. Police secured the properties
after unsuccessfully attempting to reach the owner. Police learned that the owner had recently
purchased the property and had begun remodeling.
7. The Building Department was called after the vandalism of January 7, 1986, and reinspected the
property. The Building Department again issued a Record of Complaint, dated January 8, 1986.
The property was found to be overgrown and open to entry. The Complaint notes that "kids 11
to 14 are going in and out/could be a dangerous problem." Follow-up comments on the
complaint indicate that the owner was called and was to respond as of January 13, 1986.
8. A letter was sent to Shepp as an additional follow-up on January 15, 1986. The letter informed
Barbara Shepp that the building at 223 Garden Avenue North, Renton, Washington, was in a
state of disrepair. She was informed that preliminary inspection demonstrated that the building
could be classified as a "dangerous building" and was informed that the immediate concerns
were: (1) to close both structures to entry and (2) to obtain the necessary permit to work on the
property.
9. Shepp was given until January 27, 1986 to respond in writing regarding these matters. The
record reflects that Shepp did not respond.
10. On September 18, 1986 a letter was again sent to Barbara Shepp by 'Return Receipt Requested'
and was picked up by Barbara Shepp on September 19, 1986. This letter reiterated the
information contained within the January 27, 1986 letter and added new information. The
letter indicated that the house was open to entry and that considerable damage to the house both
inside and outside had occurred. The damage was blamed on vandals and the weather. The
accessory building suffered similarly according to the letter. The growth of grasses and weeds
it noted constituted a fire hazard. The letter informed Shepp that dangerous building
proceedings against the house were started and informed Shepp of the procedure.
BARBARA SHEPP
AAD-143-86
December 10, 1986
Page 3
11. The Police Department on its 'Report on Building or Structure' indicated that the building was
damaged thereby permitting entry by unauthorized persons, was damaged in such a manner that
entry could not be secured against children, and found a burnt candle and other flammable
materials on the floor. The report also indicated that the building was unfit for human
habitation and that unsanitary conditions existed.
12. The Health Department Officer reported that the inspection revealed inadequate maintenance,
decay, and numerous openings to the outside which allowed rodent entry. Rat droppings were
found and probable nesting was evident. The report indicated that the structure is currently
unfit for human habitation and sickness and disease would be possible. The exterior grounds
were described as not maintained, with weed growth exceeding four (4) feet in height. The
separate building was also described as being in an unsanitary condition and open to entry.
13. The Fire Department reported its concerns were related to easy access, evidence of use by
vagrants, evidence of empty beer containers, ashtrays, cigarette butts, candles and the fact that
N the interior damage, i.e. holes in walls and loose fitting doors would permit the rapid spread of
fire. They indicated that the building constitutes a fire menace.
O
LU 14. The City filed a Notice of Complaint and 'Lis Pendens' on November 6, 1986. The document
was recorded with the King County Auditor. It stated that the building is a "dangerous
O building" and cited sections of the Dangerous Building Code, particularly Section 4-2104:
l—
c0
(a) These buildings because of dilapidation, deterioration and decay, are
in a stage of structural failure.
(b) Because of dilapidation, deterioration and open access, these buildings
are an attractive nuisance to children and a harbor for vagrants, criminals
and/or immoral persons.
(c) Because of dilapidation, decay and lack of sanitation facilities, these
buildings are unfit for human habitation.
(d) Because of deterioration, damage, trash and combustibles in and
around the buildings, they are a fire hazard.
15. The Notice of Complaint also noted the actions necessary:
(a) Close buildings to entry immediately.
(b) Obtain permits to restore building.
(c) Remove trash, debris and trim vegetation on property.
16. The time, date and location of the Public Hearing was also announced in the Notice of
Complaint and indicated that an answer to the complaint could be made at that hearing.
17. Photographs which are part of the record show loose wiring hanging outside the building, debris
under the building, grown up vegetation, additional wires strung randomly through the crawl
space, apparently rotted foundation posts, holes in walls, torn out plumbing fixtures, hanging
ceiling elements and general disarray, decay and deterioration.
18. The Building Department originally intended to request that the owner be given 60 days to
apply for the appropriate permits and begin to restore and rehabilitate the buildings, and 90
days to accomplish those objectives or demolish the buildings not later than 90 days after the
order is issued. The Department modified its stance since the owner did not appear at the
hearing or appear to have any continued interest in the property. The Department therefore,
requested that any order provide not more than 30 days to apply for the appropriate permits
with not more than 60 days to accomplish the rehabilitation or require demolition after the 60
days.
CONCLUSIONS
1. The subject property qualifies as dangerous and unsafe under any one of a number of the
definitions of dangerous or unsafe buildings. The following definitions found in Section 4-
2102, fully describe the buildings located on the subject site, at 223 Garden Avenue North,
Renton, Washington:
•
BARBARA SHEPP
AAD-143-86
December 10, 1986
Page 4
All buildings or structures which have any or all of the following defects
shall be deemed 'dangerous buildings':
(B) Whenever the building or structure has .... become so dilapidated or
deteriorated as to become (1) an attractive nuisance to children; (2) a
harbor for vagrants, criminals or immoral persons; or as to (3) enable
persons to resort thereto for the purpose of committing unlawful or
immoral acts.
(C) Whenever a building or structure, because of inadequate maintenance,
dilapidation, decay damage, .... inadequate sanitation facilities, or is
otherwise determined by the City or County Health Officer to be
unsanitary, unfit for human habitation or in such a condition that is
likely to cause sickness or disease.
�. (D) Whenever a building or structure, because of obsolescence, dilapidated
condition, deterioration, damage, .... lack of sufficient fire resistive
construction, faulty electric wiring, .... is determined to be a fire hazard.
O 2. The Health Officer of King County has filed a 'Report on Building or Structure' which states:
"Currently the structure is unfit for human habitation and sickness or disease would be
00
possible." The record demonstrates that the sanitary and other plumbing fixtures have been torn
out and are no longer in working order. It's obvious that "inadequate maintenance, dilapidation,
decay damage, [and] inadequate sanitation facilities" exist and the County Health Officer has
found the property "to be unsanitary, unfit for human habitation or in such a condition that is
likely to cause sickness or disease."
3. If the potential health violations were not enough, the Fire Department and the Building
Department reports indicate that the building is open to entry, flammable materials and debris
are located within the properties and the overgrown and dried vegetation outside constitute a
fire hazard. Evidence of entry and use of flammable materials also was found. Therefore, the
building is subject to fire. According to Fire Department analysis, it would be subject to a
quickly spreading fire because of the non-resistive nature of the doors (loose fitting) and holes
in the walls and ceiling material.
4. The buildings on the subject site both are dangerous buildings under this analysis, and the
Building Officials complaint is justified. The fact that no person with an interest in the
property appeared to answer the charges swings the balance toward the Building Department's
request that any order be limited in duration so that the building is either brought up to
standards or removed as quickly as possible. Therefore, the owner shall have not more than 30
days to apply for the appropriate permits and begin rehabilitation, with not more than 60 days
to accomplish the rehabilitation. If such actions are not commenced within 30 days and
completed within 60 days the buildings shall be demolished either by action of the owner or by
the appropriate City authorities.
DECISION
The owners or parties in interest shall have not more than 30 days to apply for the appropriate
permits and begin rehabilitation. All rehabilitation shall be completed within 60 days. If
permit application and rehabilitation are not commenced within the respective 30 day and 60
day time limits, the buildings shall be demolished either by action of the owner or by the
appropriate City authorities. All time limits run from the date of this decision.
ORDERED THIS 10th day of December, 1986.
FRED J. KAU AN
HEARING E INER
TRANSMITTED THIS 10th day of December, 1986 to the party of record, as well as current and
previous owner of subject property:
Barbara Shepp, current owner of subject property.
11428 18th Place S.W.
Seattle, Wa. 98146
•
BARBARA SHEPP
AAD-143-86
December 10, 1986
Page 5
Mr. Schumacher, previous owner of subject property.
c/o First Federal Savings and Loan Association of Renton
P. 0. Box 358
Renton, Wa. 98057
Kenneth Bindara
Lead Building Inspector, City of Renton
TRANSMITTED THIS 10th day of December, 1986 to the following:
Mayor Barbara Y. Shinpoch
Ronald Nelson, Building & Zoning Director
Glen Gordon, Fire Marshal
Alan Wallis, Chief of Police
Lawrence J. Warren, City Attorney
Pursuant to Title IV, Section 3015 of the City's Code, request for reconsideration must be filed in
CD writing on or before 5:00 P.M. December 24. 1986. 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
p 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
00 the Examiner may, after review of the record, take further action as he deems proper.
Any appeal is governed by Title IV, Section 3011, 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.
June 8, 1987 Renton City Council Minutes Page 188
ORDINANCES AND RESOLUTIONS
Ways and Means Ways and Means Committee Chairman Keolker presented a report
Committee recommending the following ordinances for second and final reading:
Ordinance #4073 An ordinance was read amending Sections 4-301 and 4-305 of Title IV
Building & Zoning: 1987 (Building Regulations) of City Code relating to adoption of the Electrical
Electrical Code Code by reference. MOVED BY KEOLKER, SECONDED BY CLYMER,
COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL
AYES. CARRIED.
Police: Dance Hall Chairman Keolker advised that the Dance Hall Ordinance will be held for
Ordinance one week pending review of additional information.
Ways and Means Committee Chairman Keolker presented a report
recommending the following ordinances for first reading:
LID: 329, One Valley An ordinance was read relating to Local Improvement District No. 329;
Place, Bond Anticipation amending Ordinance No. 3856; authorizing the issuance and sale of local
Notes improvement district bond anticipation notes in Local Improvement District
No. 329 pending the receipt of the proceeds of the local improvement district
bonds authorized to be issued by Ordinance No. 3856; and providing for the
sale and delivery of such notes to Old National Bank of Washington, Seattle,
Washington. MOVED BY KEOLKER, SECONDED BY HUGHES,
COUNCIL REFER THIS ORDINANCE BACK TO COMMITTEE FOR ONE
WEEK. CARRIED.
Ways and Means Committee Chairman Keolker presented a report
recommending the following resolution for reading and adoption:
Resolution #2682 A resolution was read authorizing execution of documents relating to the
WSDOT: Storm Drainage acceptance of easements, City/State agreements, project agreements,
and Roadway Capital maintenance and operation agreements, and the allocation and expenditure of
Improvement Joint City, State Department of Transportation, and Federal FHWA funds for joint
Projects/I-405 HOV Bus. project with Washington State Department of Transportation for projects
Lane Joint Project associated with I-405 HOV widening, including: Interstate I-405 HOV
widening, Oakesdale Avenue SW street extension under I-405 from SW Grady
Way to SW 16th Street, Lind Avenue SW widening over I-405 from SW Grady
Way to SW 16th Street, Renton Village storm interceptor from Renton Village
Place S. to the Panther Creek Wetlands, Soil Conservation Service P-1
Drainage Channel under I-405 from SW Grady Way to SW 16th Street.
MOVED BY KEOLKER, SECONDED BY REED, COUNCIL ADOPT THE
RESOLUTION AS READ. CARRIED.
Vouchers Ways and Means Committee Chairman Keolker presented a report
recommending the approval of Vouchers 32798 through 33462 in the amount
of $1,541,175.51, having received departmental certification that
merchandise/services have been received or rendered; Vouchers 33112-33116
machine voided. MOVED BY KEOLKER, SECONDED BY CLYMER,
COUNCIL APPROVE THE VOUCHERS AS PRESENTED. CARRIED.
Ways and Means Committee Chairman Keolker presented a report
recommending disposition of the following referrals:
Video Programs No action on the matter of City video programs funding as the project has
been discontinued.
Legislation for Peep Referral of legislation regarding peep shows, topless dancing, etc. to the
Shows, etc. Public Safety Committee.
Board/Commission: Civil No action on the the matter of an ordinance regarding political affiliations
Service Commission for Civil Service Commissioners as it will be handled by the Association of
Political Affiliation Washington Cities.
Finance: Financial No action on the matter of bid call for financial consultant as the Committee
Consultant denied the Administration's request for a financial consultant.
Dangerous Building: No action on the matters of Shepp dangerous building demolition
Shevo, Case #D-143 ,appropriation and community event mobile stage as a complete list of budget
Community Event: !adjustments will be presented to the Committee at the appropriate time.
Mobile Stage Donation by
Renton Rotary Club
WAYS AND MEANS COMMITTEE
COMMITTEE REPORT
JUNE 8, 1987
CITY VIDEO PROGRAMS FUNDING (Referred 10/21/85)
The Ways and Means Committee recommends that no action be taken on this matter
as the project has been discontinued.
LEGISLATION REGARDING PEEP SHOWS, TOPLESS DANCING, ETC. (Referred 8/18/86)
The Ways and Means Committee recommends that this matter be referred to the
Public Safety Committee.
ORDINANCE REGARDING POLITICAL AFFILIATIONS (Referred 12/22/86)
The Ways and Means Committee recommends that no action be taken on this matter
as it will be handled by the Association of Washington Cities.
BID CALL FOR FINANCIAL CONSULTANT (Referred 1/26/87)
The Ways and Means Committee recommends no action be taken on this matter as
the Committee denied the Administration's request for a financial consultant.
SHEPP DANGEROUS .BUILDING DEMOLITION APPROPRIATION (Referred 2/9/87)
COMMUNITY EVENT MOBILE STAGE (Referred 4/27/87)
The Ways and Means Committee recommends no action be taken on these items as a
complete list of budget adjustments will be presented to the Committee at the
appropriate time.
CONTAINER CORPORATION REZONE - R-021 -86 (deferred 3/2/87)
The Ways and Means Committee recommends that no action be taken on this matter
as it is currently before the Boundary Review Board and will be referred back
to the Committee at the appropriate time.
- ti
•
Ways and Means Committee
Committee Report
Page Two
CITY CODE CHAPTER REGARDING PLANNING COMMISSION RESIDENCY (Referred 3/23/87)
The Ways and Means Committee recommends that this matter be referred to the
Planning and Development Committee.
1988 LABOR CONTRACT NEGOTIATIONS (TEAM APPOINTMENTS AND BARGAINING PARAMETERS)
(Referred 5/4/87)
The Ways and Means Committee recommends no action be taken on this matter as
it will be dealt with in executive session before the full Council .
. K?/1/4
Kathy Ke er, Chair
Earl Clymer
Robe Hughes