HomeMy WebLinkAboutOrder of Dismissal -- Untimely -- Pizzaro
Order of Dismissal
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THE HEARING EXAMINER OF THE CITY OF RENTON
IN RE:
Gwendolyn Pizzaro
Finding of Violation Appeals
Code No. 19-000137
ORDER DISMISSING APPEALS AS
UNTIMELY
Summary
The City has issued two Findings of Violation against Ms. Pizzaro, one dated June 10,
2019 and the other dated July 29, 2019. The appeal filed for the July 29, 2019 Finding
of Violation is dismissed as untimely. The appeal filed for the June 10, 2019 Finding of
Violation is not dismissed and the City Clerk is directed to schedule an appeal hearing.
WHEREAS, the City of Renton issue a Finding of Violation on June 10, 2019
and a second Finding of Violation on July 9, 2019 for alleged code violations occurring
at 17025 125th Ave SE; and
WHEREAS, the Findings of Violation were issued to Gwendolyn Pizarro, the
owner of the property subject to the Findings of Violation; and
Order of Dismissal
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WHEREAS, Ms. Pizarro filed an appeal of the June 10, 2019 Finding of
Violation on June 28, 2019 as evidenced by here written appeal wherein she dated her
signature as June 28, 2019; and
WHERERAS, Ms. Pizarro filed an appeal of the July 9, 2019 Finding of
Violation on July 29, 2019 as evidenced by her written appeal wherein she dated her
signature as July 29, 2019 and the appeal was also date stamped by the City of Renton
as July 29, 2019; and
WHEREAS, by emails dated July 11, 2019 and July 29, 2019, the City’s code
compliance inspector, Donna Locher, advised the City Clerk that the two appeals from
Ms. Pizarro were untimely, and
WHEREAS, by email dated July 30, 2019, the hearing examiner offered Ms.
Pizarro an opportunity to respond to Ms. Locher’s emails asserting her appeals are
untimely; and
WHEREAS, by email dated July 31, 2019, Ms. Pizarro questioned whether she
had received the Findings of Violation in a timely manner to meet the 15 day deadline;
and
WHEREAS, by email dated August 15, 2019, Ms. Locher sent a response to Ms.
Pizarro’s July 31, 2019 email with three attachments containing certified mail receipts;
and
WHEREAS, in the August 15, 2019 email Ms. Locher wrote that the Finding of
Violation dated June 10, 2019 had been mailed by regular and certified mail on June 10,
2019 and that the July 9, 2019 Finding of Violation had been mailed by regular and
certified mail on July 9, 2019, and
WHEREAS, the certified mail receipt for the June 10, 2019 finding of violation
had a postmark of June 10, 2019 and the July 9, 2019 certified mail receipt had no
postmark, and
WHEREAS, given the written testimony and postmark supplied by Ms. Locher,
and the absence of any alternative dates presented by Ms. Pizarro, it is determined that
the June 10, 2019 Finding of Violation was mailed on June 10, 2019 and that the July 9,
2019 Finding of Violation was mailed on July 9, 2019; and
WHEREAS, Renton Municipal Code (“RMC”) Section 1-3-2E2b requires an
appellant to file an appeal of a finding of violation “within fifteen (15) days of the date
Order of Dismissal
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of the Finding of Violation” and RMC 1-3-2E2a requires the filing of the appeal within
15 days of the date of “issuance” of the Finding of Valuation, and
WHEREAS, construing the “issuance” date from RMC 1-3-2E2b as three days
after mailing as set by Superior Court Civil Rule 6e for deadlines based upon mailed
documents, the filing deadline for the Finding of Violation mailed on June 10, 2019
was June 28, 2019 and the filing deadline for the Finding of Violation mailed on July 9,
2019 was July 27, 2019; and
WHEREAS, given the findings of the last whereas clause, it is determined that
Ms. Pizarro timely filed her appeal of the June 10, 2019 Finding of Violation but not the
July 9, 2019 Finding of Violation; and
WHEREAS, RMC 1-3-2E2a provides that untimely appeals are not subject to
review, NOW, THEREFORE,
Order
The Whereas clauses of this Order are adopted as findings of fact and conclusions of
law. The July 29, 2019 appeal was untimely and is dismissed as required by RMC 1-3-
2E2a. The June 28, 2019 appeal was timely and the City Clerk is directed to schedule
an appeal hearing for the June 10, 2019 Finding of Violation.
ORDERED this 21st day of August, 2019.
City of Renton Hearing Examiner
Appeal Right
The decision to dismiss the July 29, 2019 appeal is appealable to superior court within
21 days as governed by the Washington State Land Use Petition Act, Chapter 36.70C
RCW.
Order of Dismissal
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