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HomeMy WebLinkAboutDB 8512110623 •• ' October 25, 1985 '1117E OFFICE OF THE HEARING EXAMINER CITY OF RENTON 85/12/1 1 %0623 D REPORT AND DECISION. RECD F 11.00} CPSHEL ***11.00 OWNER: RUTH A. SORENSEN - 55 FILE NO. AAD-138-85 & AAD-139-85 LOCATION: 3305 N.E. 7th Street and 716 Monroe Ave. N.E. SUMMARY OF REQUEST: Building Department requests demolition of both buildings due to their deteriorated and hazardous condition. BUILDING 1 The Building Department Report was DEPARTMENT REPORT: received by the Examiner on September 23, 1985. PUBLIC HEARING: After reviewing the Building Department Report and examining available information on file, the Examiner conducted a public hearing on the subject as follows: The hearing was opened on October 15, 1985, at 2:00 P.M. in the Council Chambers of the Renton Municipal Building. Parties wishing to testify were affirmed by the Examiner. CV d C IN ATTENDANCE Kenneth Bindara c ,� Lead Building Inspector -� representing the City of Renton David Longeria CO representing the owner =_ Ruth A. Sorensen ., Owner S f cc:: -c The Hearing Examiner opened the hearing setting out the procedures to be followed in this proceeding. He advised Ms. Sorensen and her representative that it was up to them to show why the City should not proceed with the demolition request for these two properties due to their alleged deterioration and hazardous condition. At the request of the parties, the hearing for both properties will be consolidated. Speaking on behalf of the City was Kenneth Bindara, Lead Building Inspector. Mr. Bindara reviewed for the Examiner the chronological sequence of events leading up to the requested hearing for the demolition of the above properties. He stated in April of 1985 he received a citizen's complaint about the property at 716 Monroe Avenue N.E. regarding the building being open and vacant. He investigated and found the complaint to be valid and on April 17, 1985 a certified letter was mailed to the owner, Ruth A. Sorensen asking her to respond advising what she intended to do about the property. On May 2, 1985 a certified letter was mailed to Ruth Sorensen, along with a Hold Harmless Agreement to be signed so the Renton Fire Department could possibly burn for practice the building described as a hazard. Since that time the Fire Department has re-examined the site and decline to burn the house due to structural damage. On May 16, 1985 a letter was received from David Longoria, grandson of Ruth A. Sorensen, stating the property would be cleaned up by the end of June, 1985. This was not accomplished, and a Notice of Complaint was posted on the house. Continuing for the City, Mr. Bindara stated the house is open, doors and windows are broken, the house is full of debris, roof and floor have caved in from rot, and there originally had been an open septic tank which the City has subsequently covered with dirt. He continued stating the house located at 3305 N.E. 7th, also owned by the appellant, is in the same condition except the roof and floor are not caved in. There is considerable rot in the structure itself, the roof has leaked so bad that everything inside has decayed and begun to rot. The Building Department recommends that both of these houses, as well as the out-buildings located on the two properties, be declared dangerous buildings and therefore subject to demolition. It was also recommended that the septic system be removed or filled, and all debris be removed from the property. Mr. Bindara requested that all buildings be posted immediately and all matters listed above be accomplished within a 60 day period. Calling for testimony on behalf of the owner, responding was: �r David Longoria FRED FOR RECORD AT REQUEST �� uite 517 Hollywood, California,1626 North Wilcox, 90028 ORE OF WE CITY CIERK • RENTON MUNICIPAL BIDE. 200 MILL AVE.SO. RENTON,WA 98055 . 'Ruth A. Sorensen AAD-138-85 & AAD-139-85 October 25, 1985 Page 2 Mr. Longoria is the grandson of Ruth A. Sorensen, previous owner of the above referenced properties. Mrs. Sorensen has recently sold the property to David Longoria. Mr. Longoria stated he had been in touch with Mr. Bindara as soon as he found out the condition of the property. He said he had relatives in the area checking on the properties, but vandals have broken in on numerous occasions and taken furniture and many other personal belongings. He stated he has, on several occasions, had relatives board up the property so no one could get in, as well as for the safety of the children in the area. He hired and sent people from California to clean up the properties and do some general repair, but each time they found out due to massive vandalism they were unable to catch up on repair work. Mr. Longoria stated he is trying to obtain financing to make suitable repairs and do a good clean-up on the properties. He said there have been police reports filed, and in fact, a few people have been caught. Mr. Longoria purchased the property from his grandmother so he would be responsible for the repairs and clean-up of the property. He stated there is a septic tank on one parcel of property; each time there has been vandalism they have boarded up the property; and he is intending to bring in a professional to advise him if the buildings are worth repairing. When asked by the Examiner how long a time he would need to repair the buildings Mr. Longoria said he felt he could have it accomplished within 90 days. Asked if he would be willing to post a bond which would allow the City to demolish the buildings at the end of • • the 90 days if the repairs were not completed to the satisfaction of the City, he stated posting a bond would prove a hardship at this time. He again asked for time to hire a C• professional to advise him whether or not the structures are worth the massive repairs N that are now needed. The Examiner called for further testimony, and wishing to comment was the previous —.• owner of the property, Ruth Sorensen. She said vandals had stolen all the furniture out of N her house one evening in May, 1985. It was reported to the police, but nothing was ever ) done about it. CO Also wishing to speak was Lois Longoria, daughter of Ruth Sorensen, and owner of the residence at 3301 N. E. 7th Street. She stated while she lived in this area she was looking after the other properties involved, but as soon as she moved away the vandals began to take over. She expressed great interest in what happens to her mother's property. She has had people calling her in California trying to force her to sell her property. She felt the houses had been properly secured many times but were constantly broken in to, as well as the septic tank being broken open. She feels she and her family were being forced to move out of the area. The Hearing Examiner asked Mr. Bindara his opinion as to the repairability of the buildings involved. The Examiner referred to a report from King County Health Department which stated in part it was their opinion the subject buildings are beyond repair. Mr. Bindara stated the buildings could be repaired, but in order to do so, due to conditions such as the rot that has set in, caved in roofing, and no sanitary facilities on the sight, he felt the costs would be far more than the value of the property. All current codes would have to be met. When asked his opinion regarding the requirement of a cash bond to be held by the City, Mr. Bindara replied he had no problem with the bond, but it was the City's desire to either have the houses built from ground up, or repaired to meet all present day codes, with all work being completed within 60 days. David Longoria again addressed the Examiner stating if the costs were extreme and beyond what he felt was unreasonable to be spent on the buildings, he would demolish the buildings, at his own expense. When asked if he could have the outside of the premises cleaned up within one week he replied he did not feel he could accomplish all of the work in that time period. He stated he lives out of the state and would have to remain here to hire people to complete the work, and felt he should remain to see the work is completed properly - something he can not do as he must return to Los Angeles this evening. The Examiner reiterated the fact that the property has been in this state of disrepair for many months, and it is the intention of the City to have it cleaned up at once. A period of more than a few weeks would have to be justified as it is not the intention of the City to allow this public hazard to remain longer than is absolutely necessary. Calling for any further testimony, speaking was: Kate Sluyter 758 Monroe Avenue N.E. Renton, Wa., 98056 ' Ruth A. Sorensen AAD-138-85 & AAD-139-85 October 25, 1985 Page 3 Mrs. Sluyter and family live directly across the street from the subject property and testified since March, 1980 they have been harassed from the subject property by various animals (dogs, cats, goats, chickens and horses) that were starving. She has been harassed by people coming to her door all hours of the day and night referring to the cars left abandoned on the property and a septic tank that was filled in only a couple of months ago by the City. She stated she feels the Sorensen family does not have the money, nor have they taken the interest or time to clean up this property. She also feels the property is a definite health and physical hazard to her family, especially her children. Mrs. Sluyter stated she felt if the time of the hearing had been in the evening when other neighbors were off work, there would have been a larger turn-out as she is aware of many neighbors who have been harassed for a much longer period of time due to the condition of the properties. At this point there was no more information to be offered on the condition of the property and no further comments. The Examiner closed the hearing at 2:45 P.M. FINDINGS, CONCLUSIONS & DECISION: Having reviewed the record in this matter, the Examiner now makes and enters the following: CV .0 FINDINGS: C N 1. The City of Renton Building Department received complaints from neighbors regarding certain properties more particularly described as 3305 N.E. 7th Street CO (3305, hereinafter) and 716 Monroe Avenue N.E. (716, hereinafter), both in the City of Renton. (The legal descriptions are contained in Attachment A.) The neighbors were concerned about the state of disrepair. Upon inspection the City Building Official determined that each property contained a vacant residential dwelling, a separate outbuilding, scattered debris and that the buildings were both filled with debris. An open septic system (tank) was located on the 716 lot. The property owner was contacted and notified of the City's concerns regarding the property. The owner responded that action would be taken. The City indicates that after a number of months of inaction by the owner the properties are in such state of disrepair that they should be declared dangerous buildings which requires either immediate repair, subject to conditions, or demolition. Thereupon the City initiated this proceeding. The hearing occurred on October 15, 1985. 2. The two houses are located around the corner from each other. Each home is one lot removed from the southeast corner of N.E. 7th and Monroe Avenue N.E. The entire rear property line of the 3305 house is shared in common with approximately the eastern two-thirds of the 716 home's northern property line. (See map Attachment B) 3. A title search by the City revealed that the owner of the properties when the City first cited the properties was Ruth Sorensen who lived, and continues to live at 310 Summers Road, Centralia, Washington, 98531. At the public hearing Sorensen indicated that she had sold the property to her grandson David Longoria, who resides at 1626 N. Wilcox Avenue, Hollywood, California, 90028. Her daughter Lois Longoria who has a Renton mailing address of 3301 N.E. 7th Street, Renton, Washington, 98056, may also have some ownership interest. The daughter's Renton address is for the property located immediately on the corner of the block and adjacent to the two properties which are the subject of this hearing. 4. All three of the above named interested persons attended this public hearing to determine whether the properties should be declared dangerous buildings. 5. At the request of the property owners and interested parties at the scheduled public hearings the hearings were consolidated, and only one hearing was held regarding the state of both properties. The owners indicated that the Findings would be applicable to both parcels. 6. Testifying as to the extreme disrepair and unsafe nature of the property was Kate Sluyter who lives across the street at 758 Monroe Avenue N.E., Renton, Washington, 98056. • • • Ruth A. Sorensen AAD-138-85 & AAD-139-85 October 25, 1985 Page 4 7. The Lead Building Inspector, upon receiving the complaint, inspected the properties, and in a letter dated April 16, 1985 notified the then owner Ms. Ruth Sorensen of the City's "immediate concerns" which were: 1. Remove all trash and garbage from the house and yard including small out buildings. 2. Secure house against entry. 8. The same letter was sent in reference to both properties. The owner was asked to respond by May 16, 1985. 9. In a letter received by the City on May 14, 1985, Ms. Sorensen indicated the problems were a result of vandalism and burglary. She indicated the problem would be taken care of by relatives which included her grandsons. 10. Apparently Ms. Sorensen's daughter's (Lois Longoria, named an interested party above) home, (the corner home at 3301 N.E. 7th) was also in a state of disrepair because a letter regarding it was received by the Building and Zoning Department on May 16, 1985. The state of that home is not part of this action. In that letter both David and Lois Longoria indicated that they would address the problems of the Sorensen properties. They promised results within 45 days, specifically "results can CV be anticipated on or before the date of June 30, 1985." C "—H. The interested parties indicated that they had made some clean up efforts but what efforts were taken were not apparent to City Officials. The Building Official requested inspections of the properties. The properties were inspected in <n mid-September by the Renton Fire and Police Departments and by a Seattle-King CO County Health Officer. 12. The Police Department inspected the properties on separate dates. The Police Department found both properties to be in such a state of disrepair as to constitute: an attractive nuisance to children; a harbor for vagrants, criminals or immoral persons; or a place enabling persons to commit unlawful or immoral acts. In addition, the Police found the 716 property had deteriorated supporting members and other damage. The reports indicated the buildings constituted a fire and health menace and should be demolished. The reports indicated that it did not seem possible to rectify the problems. 13. The two properties were evaluated by separate fire officials. They also found the properties presented: an attractive nuisance to children; and could enable arson or unlawful burning; the structures lacked sufficient fire resistive construction; and had been vacant for a long period of time. The Fire Inspectors indicated the buildings did not seem subject to repair, constituted a safety hazard, and should be demolished. 14. The report of the Health Officer indicated that: the homes were abandoned; the plumbing and electrical systems were defunct; the properties were unfit for human - habitation; the piles of debris provide a harborage for rodents; and the structures were open to entry. Particularly, he found piles of clothing, broken furniture and appliances which were 3 feet deep in all the rooms at the 716 property. Similar piles of clothing and furniture were found through out the rooms at 3305. The officer indicated the buildings each constituted a health and "safety" menace. 15. Photographs and a site inspection reveal the homes filled with piles of debris subject to deterioration. The roof and floors at the 716 home have begun to collapse, and there is an open septic tank on the 716 property (since filled in by the City as it constituted an immediate hazard). Entry to the structures was still possible, with access in and around deteriorated walls, floors, beams and piles of rubbish. 16. The interested parties indicated that repairs could not be readily accomplished in one month and that 90 days was probably the earliest the problems with the property could be tackled. 17. The Fire Department originally indicated an interest in using the properties for staged fires and requested such permission. They have since indicated that the condition of the properties is too dangerous to work around and have retracted the offer. • • Ruth A. Sorensen AAD-138-85 & AAD-139-85 October 25, 1985 Page 5 CONCLUSIONS 1. The subject properties qualify as dangerous and unsafe under any one of a number of definitions of 'dangerous' or 'unsafe' buildings. The following definitions found in Section 4-2102, aptly describe the two separate properties located at 3305 N.E. 7th Street and 716 Monroe Avenue N.E.. "All buildings or structures which have any or all of the following defects shall be deemed 'dangerous buildings': (A) Whenever the building or structure, or any portion thereof, because of (1) dilapidation, deterioration, or decay; .... (5) any other cause, is subject to structural failure under its design usage. (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 commiting unlawful or immoral acts. CO (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 N unsanitary, unfit for human habitation or in such a condition that is likely ,._ to cause sickness or disease. CO (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. (H) Whenever any portion thereof has been damaged .... by any other cause, to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe and is less than the minimum requirement of the City's Uniform Building Code, as then in force, or as same may be amended from time to time, for new buildings of similar structure, purpose or location. (I) Whenver any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property." 2. The building at 716 has a collapsing roof and floor. In addition, piles of debris inside both buildings form a harborage for rodents. Vandalism and thefts have occurred. The piles of refuse and the structures themselves, continuously open or reopened to entry, would appear to invite arson. The periodic, if not continuous open state would also invite vagrants. The open nature of the structures on the lot also serves as an attractive nuisance, and it was this status which initiated the original complaints by neighbors. 3. While the open septic tank was filled in by City crews to avert an immediately hazardous situation, it is indicative of the state of disrepair generally found at both properties. Again, the structures are filled with piles of rubbish and debris. Open entry to the vacant structures serves as an attractive nuisance, invites vagrants, has facilitated vandalism and theft, and invites arson. 4. Both properties have been damaged by weather, vandalism and general deterioration to such an extent as to make them unsuitable for human habitation according to the Health Official who inspected the properties. 5. Fire and Police support the determination of the Building Official as to the extent of the decay, dilapidation and deterioration. The Building Official's estimation, due to the extreme state of disrepair, is that the buildings are beyond salvage. The record supports that conclusion, particularly since Section 4-2102(H) requires repair within the strictures of the current Building Code. The electrical and plumbing systems are defunct. There is no sanitary sewer service to the properties. The roof, in one case, and supporting members generally are severely damaged and the interior walls, where remaining, offer insufficient fire resistance. Ruth A. Sorensen AAD-138-85 & AAD-139-85 October 25, 1985 Page 6 6. Based upon the record it is impossible to make any determination other than that the structures on the two properties are dangerous buildings under the provisions of Title 4, Chapter 21. 7. The owner or owners and other interested parties have been on notice as to the state of disrepair and the City's concerns regarding same since April of this year. What little action may have been accomplished is not evident; the buildings remain open to entry, and remain a fire hazard, an invitation to arson, a harborage for rodents, an attractive nuisance and a danger to the general public. The record reflects that the interested parties are still not ready to act in the immediate manner which the danger these building present would appear to require and that is necessary to rectify the situation. The extremely hazardous condition of the open septic system was only ameliorated by City action. Fire remains a concern, as does the harborage of rodents. The state of disrepair, already at the dangerous point in reference to public safety, requires more immediate action then was contemplated by the parties in interest. Thirty days appears more reasonable to restore some reasonable level of safety to the properties. Therefore, unless the interested parties totally clean up the interior of the premises and restore the structural integrity of all the buildings to present standards within 30 days, all the buildings are to be demolished. 1) 8. In the interim, and as a required precondition, all buildings will have to be totally secured from any and all entry except by authorized persons. Interim measures C may not extend to simple boards placed over access points. Security must be positive and must be checked daily. N 9. Reconstruction, if that option is chosen by the owners or others, must commence and progress in a reasonable fashion, similar to that of new stick built construction, CO and the same methods of providing for the public safety, as is found in any construction site, must be maintained. 10. This Office believes that the language of the code requires the final determination of repair or demolition to be the property owner's but this Office believes, based upon the record, that salvage will be impossible, and that the conditions of the buildings are actually beyond reasonable repair. Therefore, the parties in interest will have to present, within a week, a reasonable showing that the properties can be salvaged. Delay with the properties as they are will only continue to endanger the public health, safety and welfare, as well as endangering other private property in the immediate vicinity. DECISION The owners or parties in interest will have not longer than one week from the date of this decision to make a showing that reasonable repair, renovation and rehabilitation is possible by presenting a letter by a licensed and bonded construction company indicating such repair, renovation and rehabilitation is possible. The owner or other parties in interest will have no longer than one month to rehabilitate the structures such that they present no greater hazard to the public health, safety and welfare as other on-going new stick built construction. The owner or other parties in interest will have to, in the interim, and as a required precondition, totally secure all buildings from any and all entry except by authorized persons. Security must be positive and must be checked daily. The owner or other parties in interest will have to clear all debris from the inside of all structures within one week from the date of this decision. ORDERED THIS 25th day of October, 1985. FRED J. K MAN HEARING AMINER • -a Ruth A. Sorensen AAD-138-85 & AAD-139-85 October 25, 1985 Page 7 TRANSMITTED THIS 25th day of October, 1985 to the parties of record: David Longoria 1626 North Wilcox, Suite 517 Hollywood, California, 90028 Ruth Sorensen 310 Summers Road Centralia, Wa. 98531 Lois Longoria 3301 N. E. 7th Street Renton, Wa. 98056 • Kate Sluyter 758 Monroe Avenue N. E. Renton. Wa. 98056 TRANSMITTED THIS 25th day of October, 1985 to the following: Mayor Barbara Y. Shinpoch Ronald Nelson, Building & Zoning Director Jim Matthew, Fire Marshal Lawrence J. Warren, City Attorney N Pursuant to Title IV, Section 3015 of the City's Code, request for reconsideration must be filed in writing on or before November 8, 1985. Any aggrieved person feeling that the CO 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 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. The Appearance of Fairness Doctrine provides that no ex parte (private one-on-one) communications may occur concerning 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 permits all interested parties to know the contents of the communication and would allow them to t openly rebut the evidence. Any violation of this doctrine would result in the invalidation of the request by the Court. The Doctrine applies not onlyto the initialpublic hearingbut to all Requests for PP q Reconsideration as well as Appeals to the City Council. ;. t '• • ATTACHMENT '''A" PROPERTY ADDRESS: 716 Monroe Avenue N.E. LEGAL DESCRIPTION: Lot 2, Block 2, of Stewarts Highland Acre Tracts, as per Cr) Plat recorded in Volume 43, of Plats, on Page 17, Records of King County C nj OWNER(S) OF RECORD: Ruth A. Sorensen ' OTHER PARTIES OF INTEREST: None CO PROPERTY ADDRESS: 3305 N.E. 7th Street LEGAL DESCRIPTION: Lot 1, Block 2, except the west 75 feet thereof of. Stewart's Highland Acre Tracts, as per plat recorded in Volume 43 of Plats, on Page 17•, records of King County. OWNER(S) OF RECORD: Ruth A. Sorensen OTHER PARTIES OF INTEREST: None l ATTACHMENT "B" N/L-- 7l.j.Lte-- se-77 330/ 330.3- —; N/E 7T"ST 7/G /v1on.1RoL- At, n� tI I