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HomeMy WebLinkAboutcode violation - weeds grass - Snyder Decision 2021Code Enforcement Decision - 1 BEFORE THE HEARING EXAMINER OF RENTON DECISION FILE NUMBER: FOV#: CODE20-000411 VIOLATION SITE ADDRESS: 10128 SE 188th St Renton, WA 98055 PROPERTY OWNER: Frank Snyder 10128 SE 188th Renton, WA 98055-6300 REVIEW AUTHORITY: City of Renton TYPE OF CASE: Appeal of Finding of Violation. RULING: All three violations of the Finding of Violation are sustained for a total fine up to $750. City staff are directed to attempt to work out a compliance and payment plan with Mr. Snyder based upon his ability to pay, due to the Examiner by November 1, 2021. If the parties are unable to work out a plan, they will be given an opportunity to present their own written arguments on how the fines should be assessed. SUMMARY Frank Snyder appeals a Finding of Violation (FOV) issued on July 29, 2021 asserting three code violations and imposing $250 in fines for each violation. Violation No. 1 is for overgrown weeds, Violation No. 2 is for storing an unlicensed boat and Violation No. 3 is for failing to maintain a structurally sound fence. All three violations are sustained. Mr. Snyder spent a considerable amount of the hearing identifying that other properties have similar violations that are not being pursued by the City. Prior to engaging on this topic Mr. Snyder was advised that the Examiner had already addressed the issue in his May 1, 2018 and July 21, 2020 decisions but Mr. Snyder wished to address it anyway. Mr. Snyder’s photographs of other alleged violations were admitted into the record because the City did not object to them. However, other code violations are still not relevant to this case for the reasons identified in the 2018 and 2020 decisions. Mr. Snyder presented no evidence that the City is singling him out because of his disabilities or any other illegitimate basis. There is nothing in the record to sugges t that the City is motivated by anything more than responding to complaints from Mr. Snyder’s neighbors. For those reasons, Mr. Snyder’s unequal enforcement claim will not be re-visited in this Code Enforcement Decision - 2 decision. Despite a series of warnings and at least three Findings of Violations dating back to 2016, Mr. Snyder has not kept blackberry bushes from overrunning his yards. The Examiner’s 2020 decision also warned that his dilapidated fence was likely in violation of code, but by the violation date of the FOV under appeal he had still not taken measures to abate it. Given this background and the fact that this is the third Finding of Violation issued against Mr. Snyder, Mr. Snyder merits the full imposition of the $750 in fines assessed by the City. Although the maximum fines are merited for this case, a recent court limits those fines to Mr. Snyder’s ability to pay. See City of Seattle v. Long, 98824-2 (Wash. Aug. 12, 2021). In his prior hearings Mr. Snyder advised that he is on a limited income so the Long case may require a reasonable payment plan or similar limitation on the amount of fines imposed. Since delving into Mr. Snyder’s income and financial obligations is a private matter, the record will be left open until November 1, 2021 for the City and Mr. Snyder to work out a payment/compliance plan that is consistent with the Long case. Consideration should also be given to accommodating Mr. Snyder’s disabilities under the American with Disabilities Act. If agreement cannot be reached, the parties will have until November 8, 2021 to provide their individual recommendations along with written justification. HEARING A hearing was held on Mr. Snyder’s FOV appeal on September 14, 2021 and September 21, 2021 virtually using the Zoom app. TESTIMONY A computer-generated transcript has been prepared of the hearing to provide an overview of the hearing testimony. The transcript is provided for informational purposes only as Appendix A. The transcript only covers the first day of hearing. The second day of hearing was focused upon Mr. Snyder’s presentation of code violations on other properties, which is not relevant to this proceeding. Mr. Snyder acknowledged that his boat is not licensed in the second day of hearing and he went over his efforts to comply after the violation date, but beyond that no other evidence presented that day was relevant to resolution of his appeal. EXHIBITS Exhibits 1-4 identified in the City’s exhibit list were entered into the record during the hearing. In addition, 22 photographs submitted by Mr. Snyder were admitted as Ex. 5. FINDINGS OF FACT 1. Violation Site. The violation site is located at 10128 SE 188th St. The site in question is owned by Frank Snyder, who resides at the site. 2. February 14, 2020 Finding of Violation. The February 14, 2020 FOV alleges three code violations that were found by staff on Mr. Snyder’s property: (1) overgrown vegetation; (2) storage Code Enforcement Decision - 3 of unlicensed vehicle, and (3) failure to structurally maintain fence. Mr. Snyder filed an appeal of this Finding of Violation on August 10, 2021. 3. Overgrown Vegetation. The FOV asserts the existence of blackberry vines over 12” in height on the violation site. Photographs taken on July 26, 2021, Ex 5, confirm this observation and Mr. Snyder doesn’t contest this fact. It is determined that there were blackberry vines over 12” in height at the violation site on July 26, 2021. 4. Fence. July 26, 2021 Ex. 3 photographs show Mr. Snyder’s fencing with a section missing and individual planks in the process of falling off or being pushed off the fence frame. 5. Boat. The boat depicted in the Ex. 3 photographs according to the staff’s narrative, Ex. 1, hasn’t been moved since 2016. In the 2020 Examiner decision on Mr. Snyder’s violations Mr. Snyder acknowledged at that time his boat had not been moved since 1996. Mr. Snyder acknowledged during the hearing the boat is unlicensed. From this information it is determined that his boat is unlicensed. 6. Mitigating Circumstances. Mr. Snyder suffers from congestive heart failure and other medical problems that limit his ability to maintain his premises . He also states he doesn’t have the resources to pay for yard maintenance and needs to do it himself. However, it must also be recognized that Mr. Snyder was cited and found to have violated the same blackberry violations in prior Examiner decision dated January 2, 2018 and July 21, 2020. The 2020 decision also identified that Mr. Snyder’s fence was not found in violation only because the City had cited the wrong code provision. The decision warned that Mr. Snyder should abate the fence or face another potential Finding of Violation. Mr. Snyder states he didn’t get the July, 2020 decision until January, 2021, but that doesn’t excuse failing to act by the time of the FOV under appeal. It is recognized that Mr. Snyder has taken some action to remove blackberry bushes from his property. However, Mr. Snyder testified that he only removed the bushes to facilitate the maintenance of his house and not to comply with City regulations. CONCLUSIONS OF LAW 1. Authority of Examiner: The Hearing Examiner has the authority and jurisdiction to review code violations as provided in RMC 1-3-2. 2. Code Violation: The code violations identified in Finding of Fact No. 2 are quoted below and applied to this appeal via corresponding conclusions of law. Violation No. 1: International Property Maintenance Code Section 302.4 as amended by RMC 4-5- 130(B)(16): Weeds: All premises and exterior property shall be maintained free from weeds or plant growth in excess of twelve inches in height on development property or twenty - four inches (24") in height on vacant land. All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs; provided, however, this term shall not include cultivated flowers and gardens. 3. Violation Found. As determined in Finding of Fact No. 3, the violation site contained blackberry and other weeds exceeding 12 inches in height on July 26, 2021. It is concluded that as owner of the violation site, Mr. Snyder was in violation of RMC 4-5-130(B)(16) on July 26, 2021. Code Enforcement Decision - 4 Violation No. 2: Unlicensed Vehicle on Residentially Zoned Property (RMC 4-4- 085(D)(2)): It is unlawful for any person to keep, store or park, or to permit any other person to keep, store or park, any disabled vehicle or boat, or unlicensed vehicle or boat, on any residentially zoned property within the City unless that vehicle or boat is stored and parked outside public view within a fully enclosed building at all times. Vehicles and boats which are kept on site and outside of an enclosed building shall be operational and currently registered. 4. Violation Found. Mr. Snyder’s property is zoned R-4, which is a residential zone. As determined in Finding of Fact No. 5, Mr. Snyder has been storing an unlicensed boat on July 26, 2021. Consequently, Mr. Snyder was in violation of RMC 4-4-085(D)(2) on July 26, 2021. Violation No. 3: International Property Maintenance Code Section 302.7 as adopted by RMC 4-5-130: All accessory structures, including detached garages, fences and walls, shall be maintained structurally sound and in good repair. 5. Violation Found. As determined in Finding of Fact No. 4, on July 26, 2021 the fence on Mr. Snyder’s property included planks that were falling of the frame and at least one section was missing. For this reason, Mr. Snyder is found to have violated IPMC 302.7 in failing to maintain the good repair or structural integrity of his fence on July 26, 2021. 6. Mitigating Circumstances. RMC 1-3-2E(3)(f) grants the examiner discretion on the amount of fines imposed by a Finding of Violation. As determined in Finding of Fact No. 7, Mr. Snyder suffers from a disability that limits his ability to abate the violations on his property. Substantial leniency has been afforded Mr. Snyder in the resolution of his past two FOV appeals to accommodate his disability. However, as outlined in the Examiner’s 2020 decision, Mr. Snyder cannot use his disability to completely abrogate his responsibilities as a homeowner in his neighborhood. Mr. Snyder has the ability/means to maintain his yards, given his testimony that he has removed some blackberry bushes but only for his own purposes and not to comply with City regulations. Mr. Snyder’s neighbors likely work very hard to afford to live in their neighborhood. Mr. Snyder’s intentional violation of City regulations undermines the investment and quality of life his neighbors reasonably expect from their efforts. For the reasons identified in the Summary section of this Decision, City staff are asked to work out a payment and/or compliance plan with Mr. Snyder that accommodates his disability and ability to pay. Beyond the legal requirements of those accommodations, Mr. Snyder merits the maximum penalties authorized by the RMC. DECISION All violations in the July 29, 2021 FOV are sustained. The City and Mr. Snyder shall work out a payment plan as outlined in the Summary section of this Decision. Decision issued October 8, 20211. 1 This decision was initially issued on September 22, 2021, but it was sent to an incorrect email address for the City Clerk’s Office. The decision was revised on October 8, 2021 to extend the deadline for a paymen t plan from October 15, 2021 to November 1, 2021 due to this issuance error. Commented [PO1]: Code Enforcement Decision - 5 Hearing Examiner NOTICE OF RIGHT TO APPEAL Appeal to Superior Court. An appeal of the decision of the Hearing Examiner must be filed with Superior Court within twenty -one calendar days, as required by the Land Use Petition Act, Chapter 36.70C RCW. Snyder Third September 14 (Completed 09/22/21) Transcript by Rev.com Page 1 of 19 Appendix A September 14, 2021 Hearing Transcript Snyder Finding of Violation -- CODE- 21-000411 Note: This is a computer-generated transcript provided for informational purposes only. The reader should not take this document as 100% accurate or take offense at errors created by the limitations of the programming in transcribing speech. A recording of the hearing is available from the C ity Clerk’s Office should anyone need a recording of the hearing testimony. The City Clerk’s Office also often posts the recording on the City’s website as well at the hearing examiner webpage. Ms. Donna Locher: Mr. Snyder, excuse me, sent an appeal to that [inaudible 00:00:06], a violation. And that brings us to where we are today. So, I'm requesting that these fines be upheld because of the amount of time has been taken Mr. Snyder to come into compliance. Now, I did go by the property this morning. He has made significant progress. The fence is still not in compliance. The majority of overgrown berry vines and weeds on the one side of his house and in the back are in compliance. And the boat remains where it has been since 2016 when we started these hearings. Hearing Examiner Olbrechts: Okay. Is that it Ms. Locher? Ms. Donna Locher: That's it for now [crosstalk 00:00:53]. Hearing Examiner Olbrechts: Okay. One question. I don't know if you recall back on the 2020 decision, you had also cited the fence and in my ruling on that was that the IPMC provision you cited just dealt with the surface material of the fence and I didn't find that to be the appropriate provision to cite. And I even identified that there was probably a more directly applicable provision, PMC 302.7, which requires accessory structures, including fences shall be maintained structurally sound and in good repair because the one that you cited just dealt with chipping paint and surface materials that allowed leakage and that kind of thing. It didn't deal with structural integrity. Hearing Examiner Olbrechts: So, as I said, I didn't find it applicable to the fence. I was just curious, did you find that 302.7 really didn't work in this case for some reason and why? Because, when trying to figure out if 304.2 applies, which is the one you're applying, there's a good argument to be made that since it does focus on surfaces and there's another provision that's more directly applicable, it makes sense that 304.2 doesn't apply in this case. So, maybe you or maybe we can put your attorney on the spot for the first time here. Ms. Donna Locher: Snyder Third September 14 (Completed 09/22/21) Transcript by Rev.com Page 2 of 19 No [inaudible 00:02:12], you are absolutely correct. In here, in my narrative, I did not state the correct codes section. I wanted to go back and check in my finding if you would just bear with me [crosstalk 00:02:34]. Hearing Examiner Olbrechts: Okay. Sure, sure. Ms. Donna Locher: Okay. I did state the wrong code section in my narrative, but if you look on the finding [inaudible 00:02:50]. Hearing Examiner Olbrechts: Okay. Ms. Donna Locher: Thank you for seeing that and correcting me on that. I did state 302.7, accessory [crosstalk 00:03:01]. So, I apologize for [inaudible 00:03:05]. Hearing Examiner Olbrechts: And just so we get a complete record Ms. Locher, maybe could you go over to the photographs of the violation date and explain why it's in violation so we're on the same page. I mean, I understand that Mr. Snyder has done some work to remedy it, but in terms of whether a violation occurred, we're going to focus on the date of violation, which my understanding is July 29th. So. Ms. Donna Locher: Okay. The date of violation is 7/26. Hearing Examiner Olbrechts: 26. All right. Ms. Donna Locher: Nope, that's fine. And the violation photographs show, they're not in numerical order, but the first one shows that a kayak and a portion of a fence that is missing. Hearing Examiner Olbrechts: Okay. Can you share a screen maybe? Or do you know how to do that? Ms. Donna Locher: I don't. Hearing Examiner Olbrechts: Okay. Let me see. And also just real quick, I mean, the violation notice says 7/29. It gives the date as 7/29 and the investigation date is 7/29 but you took photographs on 7/26. Is that correct? Snyder Third September 14 (Completed 09/22/21) Transcript by Rev.com Page 3 of 19 Ms. Donna Locher: Yes. If you look at my [inaudible 00:04:13], it says July 26th. Hearing Examiner Olbrechts: What did you say look at the what? Ms. Donna Locher: The narrative. Hearing Examiner Olbrechts: The narrative. Okay. All right. Got you. Okay. Ms. Donna Locher: In the background it says July 26th, 2021, Mr. Snyder remains in violation of the following codes. Hearing Examiner Olbrechts: Okay. All right. Okay. Yeah. And just for future reference, on the fining of violation, put the investigation date, considered that to be the date of violation since the fining of violation form doesn't have a specific area to put in the date of violation. Does that make sense? Yeah. Ms. Donna Locher: I can do that. Patrice and I have discussed how to make these better on the [inaudible 00:04:54], of violations and the narratives and so that is definitely something that we are working on. Hearing Examiner Olbrechts: Yeah. I mean, I think if you have a field in the fining violation says date of violation, that really helps because every separate date is a separate date of violation. It's important to know which dates we're focusing in on, just for the due process, rights of the applicant too, so they know which date to defend, but okay. I see the photographs for the 26th, so that's fine. All right. So, I'll just [crosstalk 00:05:21]. Oh, go ahead. Ms. Donna Locher: No, go ahead. Hearing Examiner Olbrechts: Oh, yeah. So Mr. Snyder, do you have the photographs in front of you that the city sent with the finding of violation? Mr. Frank Snyder: Yes, I do. I haven't looked at them recently. Hearing Examiner Olbrechts: Okay. All right. So, I mean, you can see it right now. Right? You have it there? Snyder Third September 14 (Completed 09/22/21) Transcript by Rev.com Page 4 of 19 Mr. Frank Snyder: Let me pull them up. Hearing Examiner Olbrechts: Okay. Yeah, because Ms. Locher is going to just give us a little more detail about what's on each photograph. And so, Ms. Locher- Mr. Frank Snyder: [inaudible 00:05:49], share her screen, that would be a better way of doing it. Ms. Donna Locher: It would be better. I'm at home and I cannot do that Mr. Snyder. Hearing Examiner Olbrechts: Actually let me, I think, maybe I could do that. Hold on a second. Ms. Donna Locher: I was going to say, do I have to make you co-host I think? Hearing Examiner Olbrechts: Let's see. Yes. It says I'm disabled from sharing. So, go ahead and make me a co-host. All right. Okay. There we go. Can you all see that now? Mr. Frank Snyder: Yes. Hearing Examiner Olbrechts: Okay. All right. Go ahead Ms. Locher. We've got a kayak there. Ms. Donna Locher: Yeah, you can see the kayak and then you could see the portion of the missing fence and all the vegetation behind it that's over 12 inches. Mr. Frank Snyder: The vegetation behind that is not in my yard. That's in the people who live behind me. Hearing Examiner Olbrechts: Okay. Understood Mr. Snyder. As you know, you'll have a chance for cross later, but that is a good point to make. Yeah. All right. Okay, go ahead Ms. Locher. Ms. Donna Locher: So, Mr. Snyder just said that vegetation wasn't from his yard, but the portions of the fence are missing there and you can see the tip of the boat there and there should be a better picture. Snyder Third September 14 (Completed 09/22/21) Transcript by Rev.com Page 5 of 19 Hearing Examiner Olbrechts: Okay. And actually, let me scroll the first one here. So, is this Mr. Snyder's side yard? Is that what we're looking at? Ms. Donna Locher: Yes. Hearing Examiner Olbrechts: Okay. Ms. Donna Locher: And you can see how overgrown.... There's actually a building behind all that vegetation there. The vegetation is not as high as the building and then the fence is failing and missing there as well. Hearing Examiner Olbrechts: Okay. All right. Okay. And here's the boat? Ms. Donna Locher: Mm-hmm (affirmative). That's the boat that has not moved and you can see there's berry vines around it or some type of vegetation. Hearing Examiner Olbrechts: Okay. And how long has it been since the boat's been moved at this point, just for this record? Ms. Donna Locher: Well, it hasn't moved since 2016 that I'm aware of. Hearing Examiner Olbrechts: Okay. And how do you know that? Ms. Donna Locher: Just the position of the boat and because it's had vegetation growing through it. Hearing Examiner Olbrechts: Okay. All right. All right. We just went over that one with the kayak. What's this here now? Ms. Donna Locher: This is just an up close shot of vegetation growing through the fence. They're berry vines as you can see. Hearing Examiner Olbrechts: Are these over 12 inches tall? It looks like it- Ms. Donna Locher: Snyder Third September 14 (Completed 09/22/21) Transcript by Rev.com Page 6 of 19 Yes, they are. Hearing Examiner Olbrechts: Okay. And they we're on the property, are we looking at this from? Ms. Donna Locher: I believe that's the front of the property. I might be [inaudible 00:08:23], but I believe it's the front of the property. Hearing Examiner Olbrechts: I mean, it looks like they're right there. That could be a window to the boat maybe, or I don't know what that, can you tell? I'm just trying to get some references to where. Ms. Donna Locher: I can't tell. It's been a while since I took them [inaudible 00:08:41]. Hearing Examiner Olbrechts: Okay. Here's part of the fence. And what part of the property is this on? Ms. Donna Locher: This is on the backside of the property. Hearing Examiner Olbrechts: Okay. Ms. Donna Locher: I believe. Hearing Examiner Olbrechts: Okay. So, you're taking it from? Ms. Donna Locher: I'm taking this from the street. Hearing Examiner Olbrechts: Okay. Ms. Donna Locher: [inaudible 00:09:01], from the street. Hearing Examiner Olbrechts: Okay. Okay. All right. Those are the photographs then. Okay. Thank you, Ms. Locher. Mr. Snyder, do you have any questions of Ms. Locher. Snyder Third September 14 (Completed 09/22/21) Transcript by Rev.com Page 7 of 19 Mr. Frank Snyder: Often? No. Can we put those photos so, I can help clarify [crosstalk 00:09:16] . Hearing Examiner Olbrechts: Oh, yeah. You just tell me which ones to point out, we'll get them up. Mr. Frank Snyder: Just go back to the beginning. Hearing Examiner Olbrechts: Okay, we're at that now. Mr. Frank Snyder: And I'll collaborate whether or not they were accurate on that date. Hearing Examiner Olbrechts: Okay. All right. Yeah. This is July 26th then. Okay, go ahead. Mr. Frank Snyder: Okay. Yes. That was correct. That's how it looked on that date. Hearing Examiner Olbrechts: Okay. And you were both there? Mr. Frank Snyder: Yes. Hearing Examiner Olbrechts: Okay. Mr. Frank Snyder: The vegetation, all that overgrown vegetation is not in my yard. There's about two acres of blackberries directly behind my house or behind my property, I should say. Hearing Examiner Olbrechts: Okay. And this one? Mr. Frank Snyder: All right. That's the long side of the house. It looks like that's between... I really don't know where that's from. That looks like it could be the siding of my house, but I really don't know. Hearing Examiner Olbrechts: Okay. And then the final one here is the fence shot, 1339. Snyder Third September 14 (Completed 09/22/21) Transcript by Rev.com Page 8 of 19 Mr. Frank Snyder: That's correct on that date. Hearing Examiner Olbrechts: Okay. And so Mr. Snyder, I take it you didn't have any questions of Ms. Locher, is that correct? Mr. Frank Snyder: She claimed there was a building behind all that vegetation? Hearing Examiner Olbrechts: Mm-hmm (affirmative). Mr. Frank Snyder: Well, if there is, it's not on my property. Hearing Examiner Olbrechts: Okay. All right. Okay. And then Mr. Snyder, what did you want to say on your side at this point? Mr. Frank Snyder: What? Nothing as far as the photos. Hearing Examiner Olbrechts: All right. Okay. Well, anything else though? This is your chance to speak. Mr. Frank Snyder: Oh, this is my chance- Hearing Examiner Olbrechts: Yeah. Your turn, I should say. Sure. Mr. Frank Snyder: Okay. Well, I have a number of issues with this whole process. Let me pull up my outline, which I had just a moment ago. Oh, you're sharing your screen so I can't- Hearing Examiner Olbrechts: Oh, you wanted to share at this point? All right- Mr. Frank Snyder: No, I just can't pull up my document- Hearing Examiner Olbrechts: Oh, okay. There we go. Snyder Third September 14 (Completed 09/22/21) Transcript by Rev.com Page 9 of 19 Mr. Frank Snyder: Awesome. Okay. Let's see. What happened to it? Okay. I had an outline bylaws [crosstalk 00:12:01]. Hearing Examiner Olbrechts: Oh, shoot. Ms. Moya: Mr. Snyder, you can at the top right, you can minimize the zoom screen. And then if you had yours up prior to us coming into the Zoom meeting, yours would be right there. Mr. Frank Snyder: Yeah, well, the screen is smaller, but when he was sharing the camera, it went full screen on my computer. So, I think [inaudible 00:12:27]. Hearing Examiner Olbrechts: Yeah. If you hit the escape button that might actually minimize it and then you can click another button to... Yeah, there you go. Mr. Frank Snyder: It's okay. Hearing Examiner Olbrechts: Okay. Mr. Frank Snyder: The first problem I've had with this whole process is not... Okay. First off she says I've been code violation since 2016. Well, I never received anything from the city until 2018. And that's when we had the hearing and I complied with all issues in the hearing, but she has come back and said I've been out of compliance and I haven't done anything since 2016. So, that's totally wrong. Okay. I mean, that's untruthful and it's inflammatory and it just goes the route that she's going the back [inaudible 00:13:25], neighbor, she's trying to make me look like things are a lot worse than they actually were. Okay. Now, in the hearing that we had in 2018, you said not to worry about the blackberries that were in my backyard, behind the fence. What I did do is I took care of the blackberries on the other side of the yard that weren't behind the fence that were over the boat and on my side of the fence. So, the ones that didn't show that were behind the house, the results of the first hearing, you said, "We'll let those go for now." Okay. Mr. Frank Snyder: Another thing regarding the blackberries is she's been holding me to a much higher standard than other homes in the neighborhood and the city of Renton itself. There are plenty of properties that the city of Renton is responsible for maintaining and the blackberries are crawling over fences and growing onto the public conveniences, such as the streets and sidewalks and every once in a while, they'll come by and they'll mold a couple feet from the side of the road, but they don't get rid of the blackberries and they keep crawling back over the public conveyance. And this is true along a whole bunch of roads. And Snyder Third September 14 (Completed 09/22/21) Transcript by Rev.com Page 10 of 19 so, this is very unjust of the city to pick on me because my blackberries had never been close within 19 feet to the sidewalk because I mow everything there. Mr. Frank Snyder: And so, really I'm doing like everybody else, or actually anybody that has any blackberries in their yard is they do the best to contain them to a certain degree, but I'm doing better than a good number of people not only in my neighborhood, but throughout the city of Renton altogether. Twice, you have given me, you said in the hearing that the boat was not a problem. The boat is operable. If I put the water, it's operable. I have an auxiliary motor that I use for trolling, which is how I fished with that boat or used the fish with that boat all the time. That motor works. The main motor right now, it does need some repair, but I've used that boat with the auxiliary motor in lakes which didn't allow me to use the main motor because it was more than 10 horsepower. Mr. Frank Snyder: So, that's how I've used the boat in the past, even without the primary motor. Okay. So, she's contravening the hearing findings twice and has repeatedly come after me for my boat. And there are many instances, and she's also used inflammatory language describing my truck as junk ways, a nuisance, when it's just, the truck isn't perfect. Operable condition, always has been and I complied with having it registered in 2018, because that's what she wanted me to do but I provided you guys with pictures of lots of other vehicles that obviously haven't been registered. Okay. And those conditions still exist. And all the things that I presented have all been just in my local neighborhood, within a quarter of a mile of my house. And I can show you pictures from 2018 and I can show you pictures that I took this morning showing that those conditions still exist, but she continues to harass and persecute me and I think that this is unequal treatment and application of the law. Mr. Frank Snyder: And on the other hand, she complains, or she says it's the city's policy just to respond to complaints. Well, I complained two years ago that you're not doing anything about the pictures that I showed you and you still haven't done anything and my neighbors' never complained that my boat or my truck was unregistered. So, she's adding things. My neighbors just wanted me to get rid of that boat and camper. And yet, she keeps coming to bat for them time after time, she's actually harassing me. And she brings up new things that really have nothing to do with the complaints or my neighbor seeing them to find that my blackberries are much more offensive than any of the other ones in the neighborhood. Mr. Frank Snyder: Well, if they walked on the sidewalks and had to walk out in the street to avoid being snagged, then perhaps they'd complain about those properties as well, which I am complaining about, because like I said, mine have always been at least 19 feet from the sidewalk that's in front of my house. Okay. I'm getting pretty passionate, worked up here because I just feel and I want this to be a matter of the public record that she's going out of her way to help or help with the girls club supporting her, her girl's club of two neighbors, one neighbor went over and listed the other neighbor and I've gotten feedback from my neighbors on what's going on here. So. And then the other thing was extenuated or the due process. Okay. She says she sent things certified mail. Well, that's only a couple of things that have come certified mail or registered mail, return receipt requested. Mr. Frank Snyder: Snyder Third September 14 (Completed 09/22/21) Transcript by Rev.com Page 11 of 19 And your hearing notes were emailed to me back in June of 2018, but they weren't sent by her. They were sent by Cynthia Moya and I get so many emails. I've got over 13,000 unread emails in my mailbox right now. And so, ever since the 2018 hearing is I searched for Donna Locher looking for that hearing or the results of that hearing. I never got it. And then she sent me a warning or a violation in January 7th of 2021, citing that I had been out of compliance and because I didn't meet the hearing finings deadline of October of 2020, but I was unaware of those until January 1, 2021. Does this make sense to you- Hearing Examiner Olbrechts: Yeah. Mr. Frank Snyder: Because they were sent email and they were sent by [inaudible 00:21:27], nobody else. And in the email, I can show you those emails, Cynthia said, "Please let me know when you've received this." Well, if I never read that email, I couldn't let her know that I had received it. And I've always let your department know whenever I've received emails. And so, by 2020 or January 2 of 2021, my physical condition had gotten even worse. An injury that I had sustained in 2019, that limited me from working in my yard from 2019 up until present got worse, and it required that I have a hip replacement. So, I had a hip replacement in May, but I had to wait several months of course to get in line for that. But I was incapable of doing the work and I sent her an email saying, as soon as I get my hip replacement done and I'm able to exercise and get my heart back up, then I would aggressively, or I would attack my yard issues. Mr. Frank Snyder: Well, unfortunately, even though my hip has gotten better or my hip's fine, my heart conditions is still really bad. And I'm prone to fainting spells, bending over or doing any kind of labor for any short period of time, sudden changes in spatial orientation and I get woozy. So, I've got to be really careful. So, the summer, sometime in July, I got around hiring a guy to work on the berries and I wasn't getting him to work on the berries in my yard to comply with Renton because I don't feel my blackberries are any worse than a lot of other peoples, but I did it because I had to reclaim my yard so I could do maintenance on my house. So, I wish I had my outline because it's better organized. So, what I'd like to do now is I'd like to share some pictures from how things are today and comment on those in relation to the overall scheme of things if that's okay- Hearing Examiner Olbrechts: Sure, go ahead. Ms. Moya: I will make you call co-host so you can actually share your pictures. Mr. Frank Snyder: Okay. Thank you. Ms. Moya: There you go [inaudible 00:24:23]. Snyder Third September 14 (Completed 09/22/21) Transcript by Rev.com Page 12 of 19 Mr. Frank Snyder: So [inaudible 00:24:32]. First I have to navigate to the. I got it. I'll be with you in just a second. I'm in trouble getting my zoom window back. Ms. Moya: Did you want to email them to me, Frank? Although if you find it, you'll be able to share it. Sorry. Mr. Frank Snyder: The zoom window, I just can't bring it up for some reason. There's a zoom task icon, but all I see is Cindy Moya, little box. Ms. Moya: Okay. Mr. Frank Snyder: Oh, there we go. I got it back. I'm just unfamiliar. Okay. Okay. Can you see my screen? Hearing Examiner Olbrechts: Yes. Mr. Frank Snyder: Okay. So here I have a folder of pictures for Southeast 102nd, which is the cross street to the cul-de-sac that I live on. And then I have Southeast 192nd, which is the road that [inaudible 00:26:39], into 102nd. Basically, it's a road, you have to come up through to access my property. So, any time that the inspectors are coming over to look at my property, they could have seen any of these violations along these two roads. Okay. So, but first, I'll go through and I'll share the pictures of, okay. Here's my neighbor's backyard, which has, like I said, or actually two neighbors. There's over two acres... This is my yard. I'm sorry. This is how it is today. You notice that I've removed the part of the fence that's falling down- Hearing Examiner Olbrechts: Mr. Snyder, can you double click on that picture because we're just getting the small tile and it's hard to see what's there. Mr. Frank Snyder: I did double click on it. Hearing Examiner Olbrechts: It's not filling the screen. We're just seeing a little tile. My vision isn't very good. I can't see what that is. Mr. Frank Snyder: Yeah, how's that? Hearing Examiner Olbrechts: Snyder Third September 14 (Completed 09/22/21) Transcript by Rev.com Page 13 of 19 No, I don't- Ms. Moya: Try clicking on it again. Mr. Frank Snyder: I've doubled clicked twice. This is the second time. Ms. Moya: Do a right click and then open. Mr. Frank Snyder: Okay. Let me close this off. How's that? Hearing Examiner Olbrechts: Yeah, I saw you try, but yeah, it's not filling the screen. Ms. Locher, can you see it? I mean, I just, I see a road and a fence and that's it [crosstalk 00:28:25]. Mr. Frank Snyder: It's full screen. Pretty much close to full screen on my computer. Hearing Examiner Olbrechts: That's really strange- Patrice: Part of the challenge might be the window that Mr. Snyder is sharing. If Mr. Snyder can unshare and then go back and share and select the picture instead of the file, that might help. Mr. Frank Snyder: Okay. Hearing Examiner Olbrechts: Yeah. That's what's going on. Right. Ms. Moya: Thanks, Patrice. Hearing Examiner Olbrechts: Yeah. Patrice: Only because I've done it. Snyder Third September 14 (Completed 09/22/21) Transcript by Rev.com Page 14 of 19 Mr. Frank Snyder: I don't know. I'm okay. Hearing Examiner Olbrechts: Yeah. If you unshare Mr. Snyder, you should have a window that shows all the documents on your screen, and then just click on the picture that you want to fill up the screen with. Mr. Frank Snyder: Okay. So, okay. I'm starting to share. Hearing Examiner Olbrechts: No, no. Shoot. Do you want to try emailing those to Ms. Moya and then she can put it up? Mr. Frank Snyder: Yeah, I'll try that. Hearing Examiner Olbrechts: Okay. (silence). Mr. Frank Snyder: So, I'm compressing the photos and to one folder but I did that wrong. (silence). I [inaudible 00:31:43], email address. Hearing Examiner Olbrechts: One thing Mr. Snyder is, as you may recall, I think you raised the issue of disparate, unequal enforcement before and I've ruled that the city can do their code enforcement on a complaint basis. That's okay. I mean, my decisions have to be consistent. If you can point out that I've treated other people differently and in a code enforcement action, that that would certainly be pertinent. But if these photographs are just of other violations, unless people are picking on you because of your race or your religion, what country you come from, that kind of thing, it's not something I can really factor into the decision here. Mr. Frank Snyder: I understand that. And whether or not, what I'm calling into question is the city's policy and that if you're going to fine me and I think these fines are inappropriate, then I feel like I have to defend myself in court and we'll let the court decide. Well, if we go to court, it's going to cost a lot of money for both the city and for me but if I can get a judgment in the criminal court, then there's a likelihood that I could also get a judgment in civil court for violation of my rights. Hearing Examiner Olbrechts: Are you raising this for appeal purposes? I mean, like I said, I can't address it, but you're saying you want to maybe appeal my decision and raise that issue above. Is that while you're putting this in here? Mr. Frank Snyder: Snyder Third September 14 (Completed 09/22/21) Transcript by Rev.com Page 15 of 19 Well, before you take something to the court, you're supposed to take every opportunity to resolve it before the going to court. I'm trying to resolve in the hearing- Hearing Examiner Olbrechts: Okay. I know you understood. Mr. Frank Snyder: But if we can't get a resolve in the hearing, it's going to end up in court because the city's layering on these fines. So, I want my pictures to become part of a public record. I just have to find a way to get her- Hearing Examiner Olbrechts: What we can do maybe is, I can just leave the record open and you can figure out how to email them to Ms. Moya and I can just give the chance for and you can send a written statement along with that and then I'll give a chance for the city to look it over and object if they want to, its entry and respond. Do you want it handled that way? Mr. Frank Snyder: Well, I'd like to share them and have a discussion with you so that we can avoid litigation where it's not going to be necessarily needed or preferred by either party, because she's threatened me with criminal action [inaudible 00:34:49], in her emails. And I take exception to that. Hearing Examiner Olbrechts: Okay. Okay. So, right now then is, you're still trying to just figure out how to email them to Ms. Moya. Is that right? Mr. Frank Snyder: Well, I used a thing that was supposed... So, can you tell me what her email address is because I can't retrieve it all because it's using a different email client that I normally do. Hearing Examiner Olbrechts: Okay. Ms. Moya, do you want to let Mr. Snyder know your email address or maybe email him real quick? Ms. Moya: Yeah. Mr. Snyder? Mr. Frank Snyder: Yeah. Ms. Moya: It's C-M-O-Y-A. Sorry. At- Mr. Frank Snyder: M-O-Y-A. Snyder Third September 14 (Completed 09/22/21) Transcript by Rev.com Page 16 of 19 Ms. Moya: At, R-E-N-T-O-N-W-A .G-O-V. Mr. Frank Snyder: Okay. Yeah. I've just supposedly sent it. Okay. I'm getting, apparently my file is too big. Ms. Moya: You may have to send one at a time. That's usually how you do them. Mr. Frank Snyder: Okay. Man, I just don't know what they're doing now. That's [inaudible 00:36:46], because I thought I was able to share pictures before and we had no problem. Ms. Moya: I think it's just hidden behind what you're showing. It's just a matter of how it's been clicked on, but that's okay. Hearing Examiner Olbrechts: So, Mr. Snyder, how many photographs are there of the other properties [crosstalk 00:37:17]. Oh, okay. Mr. Frank Snyder: But there's JPEG [inaudible 00:37:21]. I don't understand why the file is so large. Hearing Examiner Olbrechts: I mean, we could also continue this hearing to next Tuesday maybe. In the meantime, you can send them over to Ms. Moya. Mr. Frank Snyder: Next Tuesday? Hearing Examiner Olbrechts: Mm-hmm (affirmative). Mr. Frank Snyder: That [inaudible 00:37:38], for me. Hearing Examiner Olbrechts: Is that okay Ms. Locher? Ms. Donna Locher: Yeah, it would be fine. Hearing Examiner Olbrechts: Snyder Third September 14 (Completed 09/22/21) Transcript by Rev.com Page 17 of 19 Okay. Mr. Snyder, I understand you want to preserve your other property's issue for objection, but I don't want to spend a lot of time on it because I mean, if it's just enough so that you'd let us know the basis of your argument, we'll let that in and then, like I said, then on a appeal, if they find that I was wrong and should've considered the neighbors at that point, you'd be allowed to go into detail about evidence of other properties. So, we want to try to keep that brief because it's beyond my jurisdiction. Pardon? Mr. Frank Snyder: But the number of issues and there needs to be a public [inaudible 00:38:25], of them because in courts, not everything was black and white. I've learned that. Hearing Examiner Olbrechts: Okay. All right. Sounds good. And also Mr. Snyder, just a couple points. Sometimes, people in these code enforcement hearings, they don't quite understand what evidence I can review. You may be under the impression that all the testimony you gave under the prior hearings is a part of this hearing and that's really not correct. So, don't assume that I can consider your medical condition to the detail that you already disclosed it before. Also, your ability to pay. I should probably let you know that in the last month there's a State Supreme Court decision that came out, Long v. Seattle that held that ability to pay is a relevant factor in assessing fines in code enforcement type cases. So, I don't recall how limited your ability to pay was, but if you want to get into that, that actually could be relevant in terms of what fines are assessed. So, just a- Mr. Frank Snyder: My ability to pay particularly against for fines that I feel to be inappropriate is... Well, my income doesn't keep up with my expenses. Put it that way. Hearing Examiner Olbrechts: Okay. All right. Well, like I said, if you want to get into that, we'll let you in it. Sorry? Mr. Frank Snyder: So, plus I have a lot of upcoming medical expenses. And so, what I'm doing is, I'm finding on being pushed into a situation where I'm going to have to refinance my house anyways, but that [inaudible 00:40:02]. And I prefer not to do it until I absolutely have to because I'm liable to drop dead and I didn't want to pass on additional debt to somebody. Hearing Examiner Olbrechts: Okay. Okay. That's good. Yeah. Like I said, we can get into that more next Tuesday, if you want. Ms. Moya, what's what's the schedule look like for next Tuesday? Ms. Moya: We have a 10:00 forfeiture, but we could do a 9:00 as long as we're done by 10:00. Hearing Examiner Olbrechts: Okay. Yeah. That sounds good. Snyder Third September 14 (Completed 09/22/21) Transcript by Rev.com Page 18 of 19 Mr. Frank Snyder: Okay, I think we could be done in an hour. Hearing Examiner Olbrechts: Okay. That's good to hear. So, we'll- Mr. Frank Snyder: I'm sorry that we've had to had this. Hearing Examiner Olbrechts: Yeah. Ms. Moya: Mr. Snyder, before we end this part of it, if you can email me those pictures, that would be great. If not, I'm in the office on Wednesdays, you can drop it off at the front counter Monday, Tuesday, Wednesday and just put my name on it and they will know to give it to me. Mr. Frank Snyder: Okay. The other way it can be done is I can put them on a cloud share and send you the link. That would probably be the easiest. Ms. Moya: Oh, we could do it that way also. Either way to get it to us. Mr. Frank Snyder: Yeah. That's typically what I do when I have to end up sharing a lot of files or large files. Ms. Moya: Okay. Mr. Frank Snyder: So, I'll do that. In fact, I'll send you the link probably in about 20 minutes and you'll have the pictures. Hearing Examiner Olbrechts: Okay. Sounds good. We'll see- Ms. Moya: [crosstalk 00:41:42], your email. Frank, watch your email. I'm going to be sending you the link to Monday or Tuesday's meet. Mr. Frank Snyder: Okay. Could you please copy Donna on all those because on the one email where you sent me for the hearing from June of 2018, you didn't copy anybody. I didn't know to look up your name because I was Snyder Third September 14 (Completed 09/22/21) Transcript by Rev.com Page 19 of 19 looking up for a correspondence from Donna Locher and I saw nothing June, July, August or September and that's when I stopped searching and then, I didn't realize that the violation had passed in October and she didn't even notify me of the violation until, like I said, January of 2021. Ms. Moya: Yeah, no worries. You can search Renton because my signature has Renton in it, but yeah, I will CC her also. No worries. Mr. Frank Snyder: Well, thank you. Hearing Examiner Olbrechts: Okay. Ms. Moya: Okay. Hearing Examiner Olbrechts: We'll see you next week at 9:00 and Ms. Moya I'll see and Ms. Locher, I'll see you at 10:00 today. So [crosstalk 00:42:54]. Okay. (silence).