HomeMy WebLinkAbout9-6-2022 - HEX Decision Curwood Violation No. 2
BEFORE THE HEARING EXAMINER OF
RENTON
REPORT AND DECISION – APPEAL OF FINDING OF VIOLATION
FILE NUMBER: CODE-18-000093
SITE OF VIOLATION: 17240 116TH Ave. SE
Renton, WA 98058
PROPERTY OWNER: Robert Curwood
17240 116TH Ave. SE
Renton, WA 98058
REVIEW AUTHORITY: City of Renton
TYPE OF CASE: Finding of Violation asserting RMC 8-1-4(E) – Unlawful
Storage of Bulky Waste; RMC 4-5-130(B)(4) – Outdoor
Storage Violations
DISPOSITION: Appeal Denied. $500 fines and corrective action due
October 12, 2022. Corrective action entails disposal of
bulky and confinement of outdoor storage to 200 square
feet in backyard.
INTRODUCTION
Mr. Curwood has been charged with violating RMC 8-1-4(E) and RMC 4-5-130(B)(4) for
outdoor storage violations associated with an on-going yard/garage sale. The appeal is denied
and Mr. Curwood is found in violation of both code provisions. The $500 fine and corrective
action is due by October 12, 2022. Failure to correct by the October 12, 2022 deadline shall
subject Mr. Curwood to criminal prosecution.
TESTIMONY
Cynthia Moya, Asst. City Clerk, testified she had sent a letter to Mr. Curwood providing notice
of the August 16, 2022 hearing date. Ms. Moya testified under oath that she had mailed out Mr.
Curwood’s scheduling letter, Ex. 8, on July 21, 2022.
The Appellant did not appear. Patricia Kent, Asst. City Attorney, testified that the City preferred
to proceed with the hearing rather than continue since Mr. Curwood’s hearing had been
continued multiple times.
EXHIBITS
The staff’s exhibit list identifying seven exhibits were admitted as Ex. 1-7 during the August 16, 2022
hearing date. The scheduling letter for the August 16, 2022 hearing was admitted as Exhibit 8. Mr.
Curwood’s written appeal was admitted as Exhibit 9.
FINDINGS OF FACT
1. Violation Site. The violation site is a single-family residence located at 17240 116TH
Ave. SE, Renton, WA 98058. The property is owned by Robert Curwood, who resides at the
violation site.
2. Finding of Violation. A Finding of Violation Second Notice (“FOV”) was issued on
November 22, 2021. The record does not identify when the FOV was mailed. The FOV was
improperly labelled and is accurately referenced as the Third Notice of Violation in the City’s
code compliance narrative, Exhibit 1. Mr. Curwood filed an appeal to the FOV on December 8,
2021.
3. Failure to Appear at Hearing. Mr. Curwood failed to appear at his hearing on August 16,
2022. Mr. Curwood was mailed notice of the hearing by letter dated July 21, 2022 on that date.
CONCLUSIONS OF LAW
1. Authority of Examiner: The Hearing Examiner has the authority and jurisdiction to
review code violation as provided in RMC 1-3-2.
2. Appeal Denied; Violations Sustained. RMC 1-10-5C2 provides that any party who does
not appear at a hearing forfeits the right to challenge a notice of violation, and the notice of
violation shall be deemed final as against that party. The FOV asserts violations of RMC 8-1-
4(E) and RMC 4-5-130(B)(4) with fines totaling $500. The violations and fines are sustained for
failure to appear.
DECISION
The appeal is denied. Payment of the $500 fine imposed by the FOV under appeal is due by
October 12, 2022.
The following two corrective actions must also be completed by October 12, 2022:
1. Remove and properly dispose of all bulky waste stored outdoors on the violation site.
Bulky waste is defined by RMC 8-1-2 as follows:
Large items of solid waste, including but not limited to items such as furniture;
large household appliances, including but not limited to refrigerators, freezers,
ovens, ranges, stoves, dishwashers, water heaters, washing machines, or clothes
dryers; junk vehicles, vehicle hulks or any parts thereof as defined in RMC 6-1-2,
as now worded or hereafter amended; and any other oversized solid wastes which
would typically not fit into or be permitted for collection as garbage in garbage
cans.
2. Consolidate outdoor storage to an area no larger than 200 square feet in the back yard area
and remove items from the front and side yards
Failure to correct as ordered shall subject the Appellant to criminal prosecution authorized
by RMC 1-10-7A. Failure to comply with an Order to Correct can be prosecuted as a
misdemeanor. The maximum penalties for a misdemeanor are 90 days in jail and $1,000 in
fines.
Decision issued September 6, 2022.
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.