HomeMy WebLinkAboutExhibit #9•
CITY OF RENTON
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DEPARTMENT OF COMMUNITY AND
ECONOMIC DEVELOPMENT
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REPORT TO THE HEARING EXAMINER, EXHIBITS
Project Name:
Code Case Number:
Ed Wilson Appeal Hearing
CODE21-000119
Date of Hearing
Staff Contact
Violator
Violation Locations
October 11, 2022
Donna Locher
Ed Wilson
332305-9070
10:00 a.m.
425-430-7438
C Nhan Phi Bussele
332305-9025
332305-9048
Exhibit 9
March 17, 2022, Finding of Violation & Order to
Correct
March 30, 2022, Appeal Received
CITY OF
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entonff Is
AFNTo2
ISSUED TO:
Wilson Edward C+Nhan Phi Busselle
17844 120th Avenue SE
Renton, WA 98058
ISSUED TO:
Wilson Edward C+Nhan Phi Busselle
17844 120th Avenue SE
Renton, WA 98058
ISSUED TO:
Tran, Brenda N
1017 SW Shoremont Ave
Normandy Park, WA 98166
Armondo Pavone P
Mayor . 5_
Community & Economic Development C. E. "Chip" Vincent, Administrator
DATE: MARCH 17, 2022
CODE CASE NO: CODE21-000119
OWNER (TAX -PAYER): Wilson Edward C+Nhan Phi
VIOLATION ADDRESS:
17844 120th Avenue SE
Renton, WA 98058 Parcel 332305-9070
DATE: MARCH 17, 2022
CODE CASE NO: CODE21-000119
OWNER (TAX -PAYER): Wilson Edward C+Nhan Phi
VIOLATION ADDRESS:
17844 120th Avenue SE
Renton, WA 98058 Parcel 332305-9025
DATE: MARCH 17, 2022
CODE CASE NO: CODE21-000119
OWNER (TAX -PAYER): Tran, Brenda N
VIOLATION ADDRESS:
Parcel 332305-9048
The undersigned City of Renton Code Compliance Inspector hereby certifies and states that an inspection of the
above premises revealed violation(s) of the Renton Municipal Code (RMC), as listed below. Compliance or
corrective action must be completed within fifteen (15) days. Each violation listed below is subject to a monetary
fee of $250, pursuant to RMC 1-10. Each day the violation(s) exist shall constitute a separate offense and carries
an additional fee. Failure to voluntarily comply with this order may result in additional fees, and criminal charges
may be filed against the violator(s).
VIOLATION 1
INVESTIGATION DATE: Various inspections in person and photos and video supplied by neighbors.
FINDINGS: Videos provided by neighbors show breaking of materials and grading on the property.
CODE VIOLATION: Renton Municipal Code (RMC) 4-4-060 Grading, Excavation and Mining Regulations
1055 South Grady Way, Renton, WA 98057 • rentonwa.gov
Recipient
Page 2 of 8
March 17, 2022
CODE TEXT:
CORRECTIVE ACTION:
VIOLATION FEES:
VIOLATION 2
INVESTIGATION DATE:
FINDINGS:
CODE VIOLATION:
CODE TEXT:
CORRECTIVE ACTION:
VIOLATION FEES:
VIOLATION 3
INVESTIGATION DATE:
D. Erosion and Sediment Control Standards:
1. Erosion and Sediment Control Required: A person who clears, grades, or otherwise
disturbs a site shall provide erosion and sediment control that prevents, to the maximum
extent practicable, the transport of sediment from the site to drainage facilities, water
resources and adjacent properties. Erosion and sediment controls shall be applied as
specified by the temporary erosion and sediment control measures and performance
criteria and implementation requirements in the Surface Water Design Manual adopted
in accordance with RMC 4-6-030. _
Call for inspection of any erosion control that has been installed for the excavated or
filled areas. To date there have been no inspections.
Take immediate action to bring the property into compliance within fifteen (15) days of
the date of this notice.
DESCRIPTION AMOUNT
Fines due in fifteen (15) days of the date of this notice. $250.00
Videos provided by neighbors show breaking of materials and grading on the property.
Renton Municipal Code (RMC) 4-4-060 Grading, Excavation and Mining Regulations
I. Regular Grading Requirements
1. Inspection, Testing and Reports: Inspection and testing by an approved testing
agency including certification of the excavated or filled areas may be required by the
Building Division at any time the City's authorized inspectors believe problems may
occur. Should special problems be indicated in regular grading, the Building Division may
require the owner or operator to submit engineering reports similar to engineered
grading and may specify a time period for compliance to prevent undue hazard. (Ord.
5526, 2-1-2010)
Inspection and testing by an approved testing agency including certification of the
excavated or filled areas. No reports received for the properties.
Take immediate action to bring the property into compliance within fifteen (15) days of
the date of this notice.
DESCRIPTION AMOUNT
Fines due in fifteen (15) days of the date of this notice. $250.00
Ariel photos depict changes on the property.
1055 South Grady Way, Renton, WA 98057 • rentonwa.gov
X
Recipient
Page 3 of 8
March 17, 2022
11 FINDINGS:
Videos provided by neighbors show breaking of materials and grading on the property.
Ariel photos of prior years show changes in the parcel 3323059048 layout. The ariel
otos also show stockpiling of various items.
CODE VIOLATION: Renton Municipal Code (RMC) 4-4-060 Grading, Excavation and Mining Regulations
N. Fills:
4. Fill Material: Fill material shall be subject to the following standards and
requirements:
a. General: Fill materials shall have no more than minor amounts of organic
decomposable substances and shall have no rock or similar irreducible material with a
dimension greater than eight inches (8"). Material used in fills shall be appropriate for
the site and the intended use of that portion of the site.
b. Construction, Demolition, and Land Clearing Waste Prohibited: Fill material shall be
free of construction, demolition, and land clearing waste except that this requirement
CODE TEXT: does not preclude the use of recycled concrete rubble from a Washington State
Department of Transportation approved source.
CORRECTIVE ACTION:
VIOLATION FEES:
VIOLATION 4
c. Cleanliness of Fill Material: Fill material shall not contain concentrations of
contaminants that exceed cleanup standards for soil specified in WAC 173-340-740,
Model Toxics Control Act. No solid waste, hazardous waste, hazardous material, or
materials categorized as dangerous waste under WAC Title 173 shall be used as fill.
d. The Administrator may specify other characteristics of the fill material used, the
degree of compaction, the moisture content, and the method of placement based on the
intended use of the portion of the site where the fill will be placed and the requirements
for water retention, drainage control, and erosion control.
Inspection and testing by an approved testing agency including certification of the
excavated or filled areas to determine contents of fill material. No reports received.
Take immediate action to bring the property into compliance within fifteen (15) days of
the date of this notice.
DESCRIPTION
Fines due in fifteen (15) days of the date of this notice.
1055 South Grady Way, Renton, WA 98057 • rentonwa.gov
AMOUNT
$250.00
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Recipient
Page 4 of 8
March 17, 2022
INVESTIGATION DATE:
Several site visits and ariel photos show huge amounts of outdoor storage on all parcels.
FINDINGS:
Several site visits and ariel photos show huge amounts of outdoor storage on all parcels.
CODE VIOLATION:
Renton Municipal Code (RMC) 308 Residential Outdoor Storage:
308.1 Purpose:
The purpose of this section is to define and regulate the outdoor storage of materials on
residential property while maintaining the character and use intended for single family
residential neighborhoods.
CODE TEXT:
308.2 Allowed residential outdoor storage:
For RC and R-1 zoned properties, a maximum of four hundred (400) square feet of area
may be used for outdoor storage. For R-4, R-6 and R-8 zoned properties, a maximum of
two hundred (200) square feet of area may be used for outdoor storage. For R-10 and R-
14 zoned properties, a maximum of one hundred feet (100') of area may be used for
outdoor storage.
The zoning on these properties is R-4. 200 square feet of storage is allowed on parcels
CORRECTIVE ACTION:
3323059070and 3323059025.
Take immediate action to bring the property into compliance within fifteen (15) days of
the date of this notice.
DESCRIPTION AMOUNT
VIOLATION FEES:
Fines due in fifteen (15) days of the date of this notice. $250.00
VIOLATION 4 SUBTOTALr'0
7 VIOLATION 5
INVESTIGATION DATE:
Various inspections in person and photos.
FINDINGS:
Cargo/Shipping Containers remain on -site.
CODE VIOLATION:
Renton Municipal Code (RMC) 308 Residential Outdoor Storage:
308.9 Prohibited materials:
Shipping containers and other similar storage units do not qualify as accessory buildings
CODE TEXT:
on residentially zoned properties and are prohibited. Hazardous materials are also
prohibited for outdoor storage on residentially zoned properties.
Remove all cargo containers from all three parcels.
CORRECTIVE ACTION:
Take immediate action to bring the property into compliance within fifteen (15) days of
the date of this notice.
DESCRIPTION AMOUNT
VIOLATION FEES:
Fines due in fifteen (15) days of the date of this notice. $250.00 I
o �
y
1055 South Grady Way, Renton, WA 98057 • rentonwa.gov
Recipient
Page 5 of 8
March 17, 2022
VIOLATION 5 SUBTOTAL00
VIOLATION 6
INVESTIGATION DATE:
Several site visits and ariel photos show huge amounts of outdoor storage on all parcels.
FINDINGS:
Multiple site inspections and ariel photos show huge amounts or outdoor storage.
CODE VIOLATION:
Renton Municipal Code (RMC) 4-4-085 Commercial Vehicles
E. Commercial Vehicles:
CODE TEXT:
No more than one commercial vehicle shall park or otherwise be stored on any lot in any
residential zone except as allowed through an additional vehicles permit; provided, that
no semi -trucks, semi -cabs, or tractor trailers shall be permitted.
Remove but one commercial vehicle from parcels# 3323059070 and #3323059025.
CORRECTIVE ACTION:
Parcel #3323059048 may not have any vehicles parked or stored on the property.
Take immediate action to bring the property into compliance within fifteen (15) days of
the date of this notice.
DESCRIPTION AMOUNT
VIOLATION FEES:
Fines due in fifteen (15) days of the date of this notice. $250.00
VIOLATION 7
INVESTIGATION DATE:
Various inspections in person and photos.
Ariel photos show no dwelling unit on parcel 3323059048.
FINDINGS:
CODE VIOLATION:
Renton Municipal Code (RMC) 4-2-050 and 4-2-060
r
Accessory Uses:
Uses customarily incidental and subordinate to the principal use and located upon the
same lot occupied by the principal use or on an abutting/adjacent lot that is under the
same ownership as the principal lot. Some accessory uses are specifically listed,
CODE TEXT:
particularly where a use is only allowed in an accessory form, whereas other accessory
uses are determined by the Development
Services Division on a case -by -case basis per RMC 4-2-050C4 and C6, Accessory Use
Interpretations and Unclassified Uses.
(See attached Zoning Table Section M)
1055 South Grady Way, Renton, WA 98057 • rentonwa.gov
Recipient
Page 6 of 8
March 17, 2022
There is no primary use on parcel #3324059049, therefor no storage, equipment,
CORRECTIVE ACTION: vehicles, etc. may be located on this property.
Take immediate action to bring the property into compliance within fifteen (15) days of
the date of this notice.
DESCRIPTION AMOUNT
VIOLATION FEES:
Fines due in fifteen (15) days of the date of this notice. $250.00
VIOLATION 7 SUBTOTAL $250.'-0�0
VIOLATION 8
INVESTIGATION DATE: Ariel photos depict wetlands on parcel #3324059049.
FINDINGS: Ariel photos depict wetlands on parcel #3324059049.
CODE VIOLATION: Renton Municipal Code (RMC) 4-3-050 G9
9. Wetlands:
a. Applicability: Wetland regulations apply to sites containing or abutting wetlands,
defined in RMC 4-11-230, as described below. The City categorizes wetlands according to
the most current version of the Washington State Wetland Rating System for Western
Washington.
CODE TEXT: b. Delineation of Regulatory Edge of Wetlands:
i. Methodology: For the purpose of regulation, the exact location of the wetland edge
shall be determined by the wetlands specialist hired at the expense of the applicant
through the performance of a field investigation in accordance with the approved
federal wetland delineation manual and applicable regional supplements.
CORRECTIVE ACTION:
VIOLATION FEES:
There is a mapped wetland on parcel #3324059049. A driveway was created across the
wetland (not shown in 2012 or earlier images). A wetlands specialist must be hired to
investigate the wetland boundaries and the extent of the buffer to include what steps
must be taken to restore these areas.
Take immediate action to bring the property into compliance within fifteen (15) days of
the date of this notice.
DESCRIPTION AMOUNT
Fines due in fifteen (15) days of the date of this notice. $250.00
1055 South Grady Way, Renton, WA 98057 • rentonwa.gov
Recipient
Page 7 of 8
March 17, 2022
Payment must be made within fifteen (15) days of the date of this Finding of Violation. All City codes listed on this
Finding of Violation must be brought into compliance within fifteen (15) days of the date of this Finding of
Violation. If the Violation is not corrected within that time, the City may take steps to correct the Violation(s). If
the City incurs any expenses in the abatement of the Violation(s), those costs may ultimately be recorded as a lien
against the property.
I certify under penalty of perjury under the laws of the State of Washington that I have issued this Finding of
Violation on this date and at the location stated below. I certify that I believe by a preponderance of the evidence
that the violator committed the above violation(s).
Signed:�ri��
Issued By: Donna Locher
Lead Code Compliance Inspector
(425) 430-7438
dlocher@rentonwa.gov
1055 South Grady Way, Renton, WA 98057 • rentonwa.gov
Date: C13 —1 `7 — a a'
L%T Y O,c
PFM70c�
Recipient
Page 8 of 8
March 17, 2022
1055 South Grady Way, Renton, WA 98057 • rentonwa.gov
�f'vlar
NOTICE OF RENTON MUNICIPAL CODE VIOLATION
The City has established a non -judicial hearing and determination system to enforce Renton Municipal Code
(RMC) civil violations. The City has determined that your property/residence is or remains in violation of city
code, and a fine of up to $250 may be imposed for each day the violation(s) exists. See RMC 1-3-1 and 1-3-2. The
City also reserves the right to pursue all additional legal remedies including, but not limited to, criminal charges.
You may respond to the accompanying Notice/Order by choosing any of the below options. If you do not
respond within fifteen (15) days of the date of this notice, the violation(s) described therein will constitute a
final determination that the violation(s) was committed.
I acknowledge the violation described in the Notice/Order and I agree to abate the violation in the time
prescribed by the Notice/Order. I agree to pay any fines by sending a check or money order or by
delivering payment to: City of Renton Finance, 1055 S Grady Way Renton, WA 98057.
r. I acknowledge the violation described in the Notice/Order and I wish to enter into a Voluntary
Correction Agreement to abate the violations on my property/residence within the prescribed time. I
accept the facts as described in the Notice/Order and I agree to grant the City's Code Compliance
Inspector(s) the right to enter my property/residence to determine whether the violation has been
eliminated and/or correct or abate the conditions if the violations are not brought into compliance with
city code(s).
u I deny creating, permitting to exist, maintaining or failing to eliminate the violation(s) and I am
requesting a hearing to appeal the determination of a violation on my property/residence to the
Administrator or his/her designee. I acknowledge that all appeal requests must be received by the
Renton City Clerk within fifteen (15) days of the date of this Notice/Order. Please send me a hearing
date. I promise to appear at the hearing, and I understand that failure to appear at the hearing will
constitute a final determination that I am responsible for committing the violation(s) and may result in
further fine(s) and or costs. The procedures for the hearing are contained in RMC 1-3-2. The City must
prove by a preponderance of the evidence that I am responsible for the violation(s). The City is not
required to call witnesses to testify at the hearing. I also understand that the City has not waived any
rights or remedies under the law.
After selecting one of the above options, please print your information below and deliver this form and any
payment via U.S. Mail or hand delivery within fifteen (15) days of the date listed in the Notice/Order.
Name:
Mailing Address:
City:
Please deliver this form to:
City of Renton —Attu: City Clerk
1055 South Grady Way
State: Zip: Renton, WA 98057
Phone:
Signature: Date:
1055 South Grady Way, Renton, WA 98057 • rentonwa.gov
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NOTICE OF RENTON MUNICIPAL CODE VIOLATION
The City has established a non judicial hearing and determination system to enforce Renton Municipal Code
(RMC) civil violations. The City has determined that your property/residence is or remains in violation of city
code, and a fine of up to $250 may be imposed for each day the violation(s) exists. See RMC 1-3-1 and 1-3-2. The
City also reserves the right to pursue all additional legal remedies including, but not limited to, criminal charges.
You may respond to the accompanying Notice/Order by choosing any of the below options. If you do not
respond within fifteen (15) days of the date of this notice, the violation(s) described therein will constitute a
final determination that the violation(s) was committed.
❑ I acknowledge the violation described in the Notice/Order and I agree to abate the violation in the time
prescribed by the Notice/Order. I agree to pay any fines by sending a check or money order or by
delivering payment to: City of Renton Finance,1055 S Grady Way Renton, WA 98057.
❑ I acknowledge the violation described in the Notice/Order and I wish to enter into a Voluntary
Correction Agreement to abate the violations on my property/residence within the prescribed time. I
accept the facts as described in the Notice/Order and I agree to grant the City's Code Compliance
Inspector(s) the right to enter my property/residence to determine whether the violation has been
eliminated and/or correct or abate the conditions if the violations are not brought into compliance with
city code(s).
❑ I deny creating, permitting to exist, maintaining or failing to eliminate the violation(s) and I am
requesting a hearing to appeal the determination of a violation on my property/residence to the
Administrator or his/her designee. I acknowledge that all appeal requests must be received by the
Renton City Clerk within fifteen (15) days of the date of this Notice/Order. Please send me a hearing
date. I promise to appear at the hearing, and I understand that failure to appear at the hearing will
constitute a final determination that I am responsible for committing the violation(s) and may result in
further fine(s) and or costs. The procedures for the hearing are contained in RMC 1-3-2. The City must
prove by a preponderance of the evidence that I am responsible for the violation(s). The City is not
required to call witnesses to testify at the hearing. I also understand that the City has not waived any
rights or remedies under the law.
xxx I am appealing because I lived here before City of Renton had jurisdiction over this property and using it the same
V all these years. nonconforming uses are allowed to continue based on the belief that it would be unfair and perhaps
unconstitutional to require an immediate cessation of a nonconforming use.
After selecting one of the above options, please print your information below and deliver this form and
#Mhyment via U.S. Mail or hand delivery within fifteen (15) days of thep gclihWJ*L* JhA"Wrder.
Mailing Address: Ed Wilson of 17844120th Avenue SE City of Renton —Attn: City Clerk
1055 South Grady Way
City: Renton State: WA Zip: 98058 Renton, WA 98057
Phone: 425-235-6008
Signatur
CY\ DVS
Date:
3/30/2022
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