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HomeMy WebLinkAboutDB 20080903000923 7 . . 11 1 11 111 1 11 11 11111 111 WHEN RECORDED RETURN TO: 20080903000923 CITY OF RENTON CITY CLERK CITY OF RENTON AMND a�.00 O PAGE001 OF 008 1055 SOUTH GRADY WAY 09/03/2008 13:14 RENTON,WA 98057 KING COUNTY, WA AMENDED COMPLAINT FOR UNFIT DWELLINGS, BUILDINGS AND STRUCTURES RMC 1-3-5 AUGUST 7, 2008 HAND DELIVERED REGULAR MAIL AND CERTIFIED RECEIPT#7006 2150 0000 0337 0613 POSTED ON PROPERTY AUGUST 7, 2008 MAILED TO: STANLEY DELDUCCO PROPERTY OWNER: 4312 SE 1ST PLACE RENTON, WA. 98059 SUBJECT: SR08-0635 OTC C08-0257 SUBJECT PROPERTY'S COMMON ADDRESS: 353 BRONSON WAY NE, RENTON, WASHINGTON PROPERTY TAX PARCEL 947620-0710 NUMBER: LEGAL DESCRIPTION: LOT 4, BLOCK 7, WINDSOR HILLS ADDITION TO THE CITY OF RENTON, ACCORDING TO THE PLAT THEREOF RECORDED I VOLUME 38 OF PLATS, PAGE 22, IN KING COUNTY, WASHINGTON 1 •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• FOR USE AS A 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 DUE TO HEAVY MOSS DAMAGE, HOLES IN THE ROOF AND IMPROPER MAINTENANCE THE CITY OF RENTON PROVIDED YOU A WRITTEN "ORDER TO CORRECT" ON APRIL 15, 2008, ADVISING YOU THIS DWELLING, BUILDING, AND STRUCTURE WAS A PUBLIC NUISANCE IN VIOLATION OF RENTON MUNICIPAL CODE (SEE, RMC 1-3-4 A 11 C 22). THE COMPLIANCE DATE ON YOUR ORDER TO CORRECT WAS JUNE 4, 2008. ON JUNE 18, 2008, DURING A TELE PHONE CONVERSATION WITH THE CITY'S CODE COMPLIANCE INSPECTOR, YOU INDICATED THAT YOU HAVE NOT LIVED AT THIS ADDRESS FOR QUITE SOME TIME AND THAT YOU WERE CONSIDERING DEMOLISHING THE HOUSE OR FIXING THE HOUSE SO THAT IT WAS HABITABLE FOR THE SAKE OF THE NEIGHBORHOOD. 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, DEMOLITION AND REMOVAL. YOU OR YOUR LICENSED CONTRACTOR, MUST OBTAIN PERMITS FROM THE CITY OF RENTON TO ARRANGE FOR REPAIR OF THE VIOLATIONS THAT RENDER THE DWELLING, BUILDING AND STRUCTURE AT 353 BRONSON WAY NE, RENTON, WASHINGTON, UNFIT FOR HUMAN HABITATION. AFTER THE REPAIRS HAVE BEEN COMPLETED, CONTACT THE CITY OF RENTON, TO ARRANGE FOR BUILDING, PLUMBING, MECHANICAL AND ELECTRICAL 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: 3 • 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 FILLING. FEES AND COSTS TO BE PAID BY THE PROPERTY OWNER: AS PERMITTED BY RMC 1-3-5 1.1, 2, 3, 4, AND 5: 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 4 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. HEARING: AN APPEAL HEARING IN THE ABOVE MATTER HAS BEEN SCHEDULED WITH DEVELOPMENT SERVICES DIRECTOR, NEIL WATTS, FOR MONDAY AUGUST 25, 2008, AT 11:00 A.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 THE COMPLAINT SHOULD BE FILED WITH: NEIL WATTS, DEVELOPMENT SERVICES DIRECTOR, RENTON CITY HALL, 1055 SOUTH GRADY WAY, RENTON, WA 98057-3232, 425-430-7218. „7„74.„"ac.4.„ 10/4/Ar/ 0v).,•oo BY: UILDING OFFICIAL DATE TIME LARRY A. MECKING 5 r • • • COPIES MAILED TO: SHERWOOD & ROBERTS, INC. 1417 FOURTH AVENUE SEATTLE, WA 98101 RECEIPT #7006 2150 0000 0337 0644 SHERWOOD & ROBERTS, INC. 2603 THIRD AVENUE SEATTLE, WA 98101 RECEIPT #7006 2150 0000 0337 0637 CITY OF RENTON UTILITIES DEPARTMENT 1055 SOUTH GRADY WAY RENTON, WA 98057 DELIVERED IN PERSON DEPT. OF RECORDS AND ELECTIONS COUNTY AUDITOR CHERYLE A. BROOM 516 THIRD AVE N ROOM N-1033 SEATTLE, WA 98101 RECEIPT#7006 2150 0000 0337 0620 6