HomeMy WebLinkAboutHEX Decision - Faraj Fine AssessmentCode Enforcement Decision - 1
BEFORE THE HEARING EXAMINER OF
RENTON
DECISION
FILE NUMBER: FOV#: CODE21-000182
VIOLATION SITE ADDRESS: 1606 Glennwood Ave SE
Renton, WA 98055
PROPERTY OWNER: Radwan Faraj
PO Box 1332
Mercer Island, WA 98040-1332
REVIEW AUTHORITY: City of Renton
TYPE OF CASE: Appeal of Finding of Violation – Fine Assessment
RULING: $500 fine assessed with no waiver or suspension. Payment
due December 23, 2021.
The $500 in fines assessed by City staff in the above-captioned matter are sustained. Payment of
the $500 fines is due by December 23, 2021.
The alleged violations of the above-captioned matter were sustained by decision dated October 30,
2021. The record was left open to give an opportunity for a neighbor, Daniel Goldman, to
comment on the amount of the fine. Mr. Goldman’s comments were due by November 8, 2021 and
a response from Mr. Faraj by November 15, 2021. Comments from both Mr. Goldman and Faraj
were timely received and are admitted as additional exhibits to this proceeding:
Exhibit 9: November 8, 2021 Goldman Comments
Exhibit 10: November 15, 2021 Faraj response to Goldman
Ms. Locher submitted a detailed accounting of past complaints associated with the property in
Exhibit 2. Exhibit 2 identifies 16 complaints of code violations filed over the last two years, albeit
almost all are from two neighbors and six of those were filed on the same day. It’s unclear if Mr.
Faraj was notified of all of these complaints. However, Mr. Faraj did receive two Warnings of
Violation issued on May 4, 2021 and June 10, 2021. Mr. Goldman asserts that he has also
approached Mr. Faraj on more than one occasion about problems with the property and Mr. Faraj
does not deny this. Given the two prior written warnings to Mr. Faraj and the on-going code
compliance issues with the property, there is no basis for a reduction in fines.
As identified during the hearing, City staff or the Hearing Examiner may issue an Order to Correct
pursuant to RMC 1-3-2D2 that sets compliance deadlines and may result in criminal prosecution if
Code Enforcement Decision - 2
the deadlines are not met. Given that Mr. Faraj’s ability to comply is dependent upon the remedies
available to him as a landlord, the option of issuing an Order to Correct is left to the discretion of
City staff. If City staff find it to be appropriate, they can so work out a compliance plan as an
Order to Correct that is consistent with Mr. Faraj’s legal authority to act.
In lieu of an Order to Correct, Mr. Faraj and concerned neighbors are reminded that each day of
code violation constitutes a separate offense, each offense subject to a $250 fine. If violations
continue to accrue on the property, the City could at any time issue additional Findings of Violation
totaling several thousand dollars.
Decision issued November 22, 2021.
Hearing Examiner
NOTICE OF RIGHT TO APPEAL
Appeal to Superior Court. This decision along with the companion decision issued October 30,
2021 constitute the final decision on Mr. Faraj’s appeal of the July 15, 2021 Finding of Violation
issued for CODE21-000182. An appeal of the decision of the Hearing Examiner must be filed
with Superior Court within twenty-one calendar days of issuance, as required by the Land Use
Petition Act, Chapter 36.70C RCW.