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HomeMy WebLinkAboutHEX Decision - Do Code Enforcement BEFORE THE HEARING EXAMINER OF RENTON FINAL DECISION -- APPEAL OF FINDING OF VIOLATION AND ORDER TO CORRECT FILE NUMBER: CODE22-000225 SITE OF VIOLATION: 5415 NE 4th St. Renton, WA 98059 PROPERTY OWNER: Quang Do 2350 Duvall Ave NE Renton, WA 98059 REVIEW AUTHORITY: City of Renton TYPE OF CASE: Appeal of Second Notice Violation asserting six code violations. DISPOSITION: Appeal Denied. All six violations found committed. All fines waived pursuant to City request. All corrective action must be completed by May 19, 2023. INTRODUCTION Mr. Do appeals a Notice of Violation and Order to Correct Second Notice, CODE22-000225 (NOV). The NOV asserts six code violations. Mr. Do did not contest the violations, but notes that his tenants are responsible for the violations. Mr. Do has sent the tenants an eviction notice. The City has agreed to waive the fines of the NOV. All six code violations are affirmed and found violated. The fines are waived as requested by the City. The violations must be corrected by May 19, 2023. 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. EXHIBITS The staff’s exhibit list identifying 20 exhibits were admitted as Ex. 1-20 during the February 14, 2023 hearing date. 16 photographs also submitted by Mr. Churchill and admitted as Exhibit 21. FINDINGS OF FACT 1. Violation Site. The violation site is 5415 NE 4th St., Renton. That address is composed of two separate parcels, one with a single-family home and one with a detached garage. Mr. Do owns the lot with the garage. Mr. Do has separately owned the garage lot since 2018 when he divorced from his ex-wife. His ex-wife currently owns the lot with the single-family home. The NOV does not specifically identify Mr. Do’s lot as the violation site, but rather just references the 5415 NE 4th St. address. At hearing, staff clarified that each NOV violation was on the lot owned by Mr. Do. 2. Finding of Violation. A Notice of Violation (“FOV”) dated November 10, 2022 was mailed to Mr. Do, who acknowledged receipt by certified letter dated November 13, 2023, Ex. 18. In that letter Mr. Do noted that his tenants were responsible for the violation. Mr. Do did not expressly request an appeal, but as far as can be ascertained from the record the letter was processed as an appeal by the City. 3. Violation No. 1 Max. Vehicles on Lot. On November 9, 2022 more than four automobiles and trucks were parked upon Mr. Do’s lot. These facts are confirmed by Ex. 16 photographs and the testimony of Renton Code Enforcement Officer Jason Churchill. Mr. Do did not contest the violation other than to note that his tenants committed the violation. 4. Violation No. 2 Garbage/Recyclables. On November 9, 2022 Mr. Do’s property accommodated outdoor storage of solid waste including tires, motors, lawn chairs and other solid waste. These facts are confirmed by Ex. 16 photographs and the testimony of Renton Code Enforcement Officer Jason Churchill. Mr. Do did not contest the violation other than to note that his tenants committed the violation. 5. Violation No. 3 Unlicensed Vehicles. Unlicensed automobiles and trucks were parked upon Mr. Do’s property on November 9, 2022. Renton Code Enforcement Officer Jason Churchill confirmed this by observing missing and/or expired license plates on the vehicles. These facts are further confirmed by Ex. 16 photographs. Mr. Do did not contest the violation other than to note that his tenants committed the violation. 6. Violation No. 4 Bulky Waste. Large items of solid waste including tires, motors and lawn chairs were located on Mr. Do’s property on November 9, 2022. These facts are confirmed by Ex. 16 photographs and the testimony of Renton Code Enforcement Officer Jason Churchill. Mr. Do did not contest the violation other than to note that his tenants committed the violation. 7. Violation No. 5 Outdoor Storage. The bulky and solid waste identified in Findings of Fact No. 4 and 6 were located on the side of the garage located on Mr. Do’s property on November 9, 2022. These facts are confirmed by Ex. 16 photographs. Mr. Do did not contest the violation other than to note that his tenants committed the violation. 8. Violation No. 6 Parking Location. On November 9, 2022 automobiles were parked upon the lawn on Mr. Do’s lot. These facts are confirmed by Ex. 16 photographs and the testimony of Renton Code Enforcement Officer Jason Churchill. Mr. Do did not contest the violation other than to note that his tenants committed the violation. 9. Hearing. A hearing on the subject appeal was held on February 14, 2023. CONCLUSIONS OF LAW 1. Authority of Examiner: The Hearing Examiner has the authority and jurisdiction to review appeals of NOVs as provided in RMC 1-10-5. 2. Zoning. The property is zoned R-4. 3. Code Violations: The Finding of Violation of this case (Exhibit 17) is based upon six alleged code violations, each of which is quoted below in italics and assessed in corresponding conclusions of law. Violation No. 1 4-4-085.D.4 Maximum Number of Vehicles per Lot: A maximum of four (4) vehicles, not including motorcycles or mopeds, may be parked on a lot unless vehicles in excess of the allowed number are kept within an enclosed building. Additional vehicles may be allowed if: a. More than four (4) licensed drivers reside at the same address, an additional motor vehicle for each licensed driver over four (4) may be parked at that particular address, provided that each licensed driver and said vehicle are registered to that same address; or b. An additional vehicles permit is obtained (see RMC 4-9-105). c. RMC 4-4-080, Parking, Loading and Driveway Regulations, allows more off-street parking stalls for the subject property based on the presence of lawfully established structures and uses. 4. Violation Committed. The violation is found committed. More than four vehicles were parked on Mr. Do’s property on November 9, 2023 as determined in Finding of Fact No. 3. Violation No. 2 RMC 8-1-4C: Unlawful Storage of Garbage and Recyclables: It shall be unlawful for any person to deposit, throw, dump, store, maintain, retain, keep or place garbage, recyclables or yard waste on private or public real property in the City, except in a garbage can or unit, recycling bin or yard waste cart for the purpose of storing such garbage, recyclables or yard waste until the next regular collection date by the City’s collection contractor or any other person authorized by the City to collect garbage or recyclables. This subsection shall not apply to yard waste in compost piles or receptacles so long as they are properly maintained free of all vectors and any odors traveling off-premises. Further, this subsection shall not apply to any business licensed to collect and store garbage and recyclables when done in an area zoned for the collection or disposal of garbage or recyclables. 5. Violation Committed. The violation is found committed. Solid waste was stored outdoors outside an authorized container on Mr. Do’s property on November 9, 2022 as determined in Finding of Fact No. 4. Violation No. 3: 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. 5. Violation Committed. The violation is found committed. Unlicensed vehicles were parked on Mr. Do’s property on November 9, 2023 as determined in Finding of Fact No. 5. Mr. Do’s property is residentially zoned since it is zoned R-4. Violation 4 RMC 8-1-4(E) Unlawful Storage of Bulky Waste: Unlawful Storage of Bulky Waste: It shall be unlawful for any person in the City to store, maintain, keep, retain, dump or accumulate bulky waste on private real property in the City, except for any licensed ancillary disposal provider or licensed business in connection with bulky waste collection or disposal in an area zoned for the collection or disposal of bulky waste. RMC 8-1-2 Bulky Waste Definition: BULKY WASTE: 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. 6. Violation Committed. The violation is found committed. Bulky waste was stored on Mr. Do’s property on November 9, 2023 as determined in Finding of Fact No. 6. Violation No. 5 RMC 4-5-130(B)(4): Section 308 is deleted in its entirety and replaced with a new Section 308 Residential Outdoor Storage, which shall read as follows: 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. 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. Outdoor storage in excess of the above requirements is not permitted in the City of Renton. 308.3 Prohibited areas for outdoor storage: Outdoor storage is prohibited on residentially zoned property in the following areas: Front yards Side yards Slopes greater than 15% Designated open spaces or restricted areas Critical areas, including wetland, streams and associated buffer areas 308.4 Emergency access: Outdoor storage areas shall not prevent emergency access to the residential structure or any other building. 308.5 Business related storage: Materials stored outdoors on residentially zoned properties shall not be owned by or used in any business or industry including a home occupation business. 308.6 Height limitations: Materials stored outdoors on residentially zoned properties shall be neatly stacked and not exceed a height of six feet (6'). Tarps may not be utilized for screening outdoor storage. 308.7 Firewood: Firewood must be split, neatly stacked, and intended for use on the premises on which it is stored. Tarps may be used to protect firewood. 308.8 Membrane structures: Membrane structures are considered outdoor storage, and subject to the location restrictions in section 308.3. Such structures shall not exceed two hundred (200) square feet in area. Membrane structures shall be immediately removed or repaired in the event of disrepair or in the event of damage caused by weather, fire, collision, accident or other forms of damage. Tarps and makeshift covers are prohibited for this use. 308.9 Prohibited materials: Shipping containers and other similar storage units do not qualify as accessory buildings on residentially zoned properties, and are prohibited. Hazardous materials are also prohibited for outdoor storage on residentially zoned properties. (Ord. 5710, 4-14-2014) 7. Violation Committed. The violation is found committed. Materials were stored on Mr. Do’s side yard on November 9, 2023 as determined in Finding of Fact No. 7. Mr. Do’s property is residentially zoned since it is zoned R-4. Violation No. 6 RMC 4-4-085D3: Impermissible Parking Locations: Except for recreational vehicles and commercial vehicles being used for development activity pursuant to a valid City- issued permit, all motor vehicles shall be parked on a lawfully established driveway or an approved impervious surface. A separate violation of this Section shall be deemed to have occurred when, after issuance of a citation, twenty four (24) or more consecutive hours passes and the offending vehicle remains in an impermissible location, regardless of whether or not the vehicle has been relocated from the original location. For the purpose of this Section, driveways consisting of compacted dirt and/or gravel established prior to the effective date of this Section shall be considered a permissible parking location. 8. Violation Committed. The violation is found committed. Several automobiles and/or pick up trucks were parked upon Mr. Do’s lawn on November 9, 2023 as determined in Finding of Fact No. 8. 9. Fines. RMC 1-10-5C5 authorizes the Examiner to reduce fines. At hearing Code Enforcement Officer Churchill requested that all fines of the NOV be waived. This is found to be a reasonable request since the violations were committed by Mr. Do’s tenants. Mr. Churchill acknowledged that Mr. Do has sent an eviction notice to his tenants to resolve the situation. Mr. Do testified that he would like to work with the City in having the violations abated. Given these factors, the fines will be waived as requested by the City. DECISION The appeal is denied. All violations asserted in Notice of Violation and Order to Correct Second Notice CODE22-000225 as filed against Quang Do are found to have been committed under his responsibility as the property owner of the violation site. As requested by the City, all fines are waived. ORDER TO CORRECT Mr. Do shall complete all corrective action identified in the NOV by May 19, 2023. Failure to correct as ordered shall subject the Appellant to criminal prosecution authorized by RMC 1-3-2(F)(2). 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 May 2, 2023. 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. Code Enforcement Decision -- 7 Appendix A -- Do--Trimmed by Rev (Completed 02/26/23) Transcript by Rev.com Page 1 of 27 Appendix A February 14, 2023 Hearing Transcript Do Code Compliance -- File No. 22-000225 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 on the City’s website should anyone need an accurate rendition of the hearing testimony. Examiner Olbrechts: Okay. All right. For the record, it's February 14th, 2023, 1:00 PM. I'm Phil Olbrechts. We have an appeal of a notice of violation, file number code 22-000225. We have Mr. Do here who is the appellant, and Jason Churchill representing the city. The format for the hearing, the city has the burden of proof, so Mr. Churchill will present the city's case. And then after he's finished, Mr. Doe, if you have any questions of Mr. Churchill, you'll have a chance to ask him questions once he's done. And then Mr. Doe, you'll have an opportunity to present your defense to the notice of violation. And Mr. Churchill will have a chance to ask you questions once you're done with your presentation. And then again, since the city has the burden of proof, the city will then have a chance to present some final evidence, and then after that I have a couple weeks to issue a final decision. So Mr. Do any questions about how the process works today? Mr. Do: I think yeah. It work for me. Yes. Thank you. Examiner Olbrechts: Okay, great. All right. Mr. Churchill, your testimony will have to be taken under oath. So let me swear you in real quick. Just raise your right hand. Do you swear affirm, tell the truth, nothing but the truth in this proceeding? Jason Churchill: I do. Examiner Olbrechts: Okay. And you have a pretty lengthy set of exhibits you wanted me to go over. I'm going to share the screen right now. Let's see if we got the right one. All right, there we go. So Mr. Doe, can you see this document that says exhibits at the top? Mr. Do: Yes. I see Yes. Exhibit to Exhibit 20. Examiner Olbrechts: Okay. And have you received a copy of all these documents? Appendix A -- Do--Trimmed by Rev (Completed 02/26/23) Transcript by Rev.com Page 2 of 27 Mr. Do: I say, no, I don't have it. Examiner Olbrechts: Mr. Churchill, did you send this to Mr. Doe? Jason Churchill: Yes. Speaker 1: I sent this with the email and it was a- Mr. Do: Oh, yeah, okay. Speaker 1: Yeah, you got this Mr. Doe. This was on the email? Yeah. Mr. Do: Okay. Yes, yes. Examiner Olbrechts: All right. So at this point, Mr. Doe, I just want to ask if you have any objections to entry of these documents. This isn't the time to contest whether the documents are, whether the content is true or not. It's just on the basis of whether the documents are relevant to this proceeding and whether maybe the documents are authentic. In other words, if there's a deed in there and you think it's a fake deed or a photograph, you think it's a fake photograph, that kind of thing. So do you have any objections based on that, on entry of these exhibits one through 20? Mr. Do: No, not at all. Okay. Because I see this one clearly, then I respond to [inaudible 00:02:36] very clearly. Examiner Olbrechts: Okay. All right. Mr. Do: Yes, I understand the court compliance. I have to comply. Yes, I understand. Examiner Olbrechts: Okay. All right. I'll admit one through 20 then. Mr. Churchill, why don't you go ahead then and tell us what this proceeding is about. Jason Churchill: Appendix A -- Do--Trimmed by Rev (Completed 02/26/23) Transcript by Rev.com Page 3 of 27 So back in June 13th, 2022, Pierro DeMare opened up a code case based on a request from citizens that the property was out of compliance. Care did the inspection the same day, took photos of the violation on the property. The photos show multiple unlicensed vehicles on the property, vehicles parked in the grass, storage of tires next to the house, garbage also being stored in the property. And on June 15th, Pierro created a violation and sent out the warning of violation to Mr. Doand Bone Chung. And then on July 5th, Pierro did a reinspection of the property and documented with all the photos that all the violations were still present. And on July 6th, Pierro also sent out another warning of violation for number two on the property. And July 11th, property owners and niece came into the city hall to speak with Pierro about the violations of the property. The owner stated that the current tenants are not paying rent and that they are going to start the eviction process. Pierro asked the owner to stay in communication with the city and give updates on the process, and they agreed to, which is an Exhibit six. On July 19th, received the returned warning of violation as undelivered and unclaimed, and basically throughout the whole entire case until I got it, I'm looking for the date that I actually picked it up, but the violations continued to persist all the way through today. And this... Examiner Olbrechts: Pardon? Jason Churchill: Okay, sorry. The computer's freezing on me. Examiner Olbrechts: Oh, okay. Jason Churchill: When I went out there... So when this case was first originally opened, King County's assessor's records and the city's utility billing listed these two properties as being owned by Feng Chung and QuangDoas husband and wife. But in recent findings that I found out that now King County has now separated the two properties. So now there is now another code case that is attached to Mr. QuangDoas well. And Feng Chung is the main property of the house that is in the most violation with all the renters, the tenants. And then Mr. Quang Du, I guess, now owns the garage- Mr. Do: Yes. Jason Churchill: Portion of the property. And so the city still sees all the violations on the property, and the city is moving forward and wishes that... We prefer to have compliance, voluntary compliance, rather than to continue to fine. And this is the city's stance on this. Examiner Olbrechts: So this is an appeal of the second notice of violation, right? Jason Churchill: Appendix A -- Do--Trimmed by Rev (Completed 02/26/23) Transcript by Rev.com Page 4 of 27 Yes. Examiner Olbrechts: Okay. And so when the second notice of violation was issued was the property just one lot at that time? Jason Churchill: Yes. Examiner Olbrechts: Oh, okay. And so when was it divided into two? Jason Churchill: I'm not sure. But the King County records finally updated, and now it shows it as two different properties. And also now utility billing has taken Mr. QuangDooff of the 15 or 5415 property and attached him to an unaddressed parcel. So this is where this problem lies. Examiner Olbrechts: Okay. Mr. Do: May I speak? Examiner Olbrechts: Yeah, go ahead, Mr. Du. [inaudible 00:07:04] Mr. Du, let me swear you in first, just raise your right hand. Do you swear affirm tell the truth, nothing but the truth in this proceeding? Mr. Do: Oh, yes. Examiner Olbrechts: Okay, great. Go ahead. Then. Mr. Do: The King County record, I believe we divide into two property and under my name since 2018. 2018 yeah. Because we separate. Examiner Olbrechts: Okay. Mr. Do: So I tried to... because before, once before one in 2015, one tenant used the my Garage as a body shop. We stop it right away because we know it not code compliance, because this area is not the commercial, this is residential. So we stop it right away. So I talked to Feng Chung, my ex-wife, we cannot do that Appendix A -- Do--Trimmed by Rev (Completed 02/26/23) Transcript by Rev.com Page 5 of 27 way. But she still keep it going and going like, this one make me very [inaudible 00:08:11] so that's the problem. Examiner Olbrechts: Okay. And Mr. Du, when was your divorce finalized? Mr. Do: Finalized in 2018. Examiner Olbrechts: Oh 2018. So you two, okay. Mr. Do: Yes. I can give you my records. Examiner Olbrechts: So you two have been separate lot owners and haven't been married since 2018? Mr. Do: 2018, yes. Examiner Olbrechts: Okay. All right. Huh. And did you get a short plat approved for dividing the property? How did you divide the property? Mr. Do: We don't divide it because they original two separate. They separate lot. Examiner Olbrechts: Oh, you mean when you bought the property it was already in two lots? Mr. Do: Yes. Examiner Olbrechts: Okay. And so it was just taxed as one, and then the King County Assessor's Office split it in two when you guys divorced? Is that what happened? Mr. Do: I did. Yes, that's correct. Examiner Olbrechts: Appendix A -- Do--Trimmed by Rev (Completed 02/26/23) Transcript by Rev.com Page 6 of 27 Okay. All right. Okay. Let's see. Mr. Churchill, are you able to separate which violations are on Mr. Do's current property and which are on the other property? Jason Churchill: So I've been working on that, and since the case has come to this, but I wanted to get through this one first. So I've separated out the 22-000225 is Feng Chung, and then Mr.Do also now has a code case as well. And I'm trying to look that one up right now for you. So I... Examiner Olbrechts: Well, the reason I'm asking is- Jason Churchill: Mr. Du, do you have the new code case that was sent to you as a warning? Mr. Do: Yes, I think recently, yes. Jason Churchill: Okay. Mr. Do: And one you send me I think in this year. Jason Churchill: Yes. Examiner Olbrechts: Okay. So yeah, Mr. Churchill, the reason I'm asking is that for this case, I mean, if Mr.Dois correct and the property's already separated in 2018, I mean, like I say, the King County's sometimes will tax two lots as just one for purposes of taxation, but they can still be two separate lots. Jason Churchill: Yes. Examiner Olbrechts: And it looks like that's probably what was going on in 2022, if everything that Mr.Do is saying is correct. So I'm kind of thinking maybe that this case is just valid as to Mr. Do, to the extent that the violations apply to the property he owned. And so I was thinking if you could go through each violation and explain, I think every single one, explain what is violation by showing me the photographs and then identifying what property that's on at the same time. Jason Churchill: Yes. Appendix A -- Do--Trimmed by Rev (Completed 02/26/23) Transcript by Rev.com Page 7 of 27 Examiner Olbrechts: Good. Jason Churchill: I'll go through and pull it up. Examiner Olbrechts: And it is important, I mean, the notice of violation. I mean, you need to have a specific date of when you're alleging the violation occurred. And so when you're showing me the photograph, it looks like for this appeal that this was done for violations that occurred on November 9th, 2022. It says the latest investigation date was that, so is that basically the date that the city's alleging the violations occurred? Jason Churchill: Yes. Examiner Olbrechts: Oh, okay. Yeah. So if you could show me the photographs from that date and go over what, or at least tell me that those photographs show what was also there on November 9th, that would be good enough. Jason Churchill: Okay. I'm looking to see. So exhibit number 16. Examiner Olbrechts: Okay. Jason Churchill: So if we go to exhibit 16. Examiner Olbrechts: Yeah. All right. Got it. Jason Churchill: And if you can share those on the screen and you can separate the who's who's. Examiner Olbrechts: All right, there we go. Jason Churchill: Okay. So that portion of that picture is Feng Chung's. Examiner Olbrechts: Okay. Appendix A -- Do--Trimmed by Rev (Completed 02/26/23) Transcript by Rev.com Page 8 of 27 Jason Churchill: And then if we go to number 88. I don't know if that's a picture of, I think it's bigger. You need to scroll down just a little bit. Examiner Olbrechts: Oh, there we go. Okay. Got it. Jason Churchill: Okay. This is now Quang Do's property. Examiner Olbrechts: Okay. Jason Churchill: So the violations on that property are illicit parking, parking on the grass, more than the number of vehicles allowed on the property. Most of all these vehicles are unlicensed or inoperable. Examiner Olbrechts: Okay. Jason Churchill: As well. Examiner Olbrechts: Could you know where the property line is about? Is it on the other side of the driveway? Can you see my cursor there? Jason Churchill: Yes. So go on the other side of that driveway, right at the entrance to the garage. Examiner Olbrechts: Right there? Jason Churchill: And straight back to us. Examiner Olbrechts: So kind of like that? Jason Churchill: Is Quang Do's property. Examiner Olbrechts: Appendix A -- Do--Trimmed by Rev (Completed 02/26/23) Transcript by Rev.com Page 9 of 27 Oh, okay. So he's got the... Well, I see three vehicles there, maybe. I don't know if that might be a fourth one in the back there. Jason Churchill: Yeah. Yeah, there's more. So if we keep on, you go to, I believe it's photo number 90, page 90. Examiner Olbrechts: Okay. Jason Churchill: So there's the other two vehicles on Mr. Quang Do'S property as well. Examiner Olbrechts: Okay. All right. Jason Churchill: That are broken down, unlicensed. Examiner Olbrechts: Okay. Jason Churchill: So he has a total of six vehicles on his side of the property. Examiner Olbrechts: Okay. All right. Okay. So I know there's seven violations or something? I mean, what were they all? I just don't remember what they were off the top of my head. Jason Churchill: So we had... Examiner Olbrechts: Or five. Jason Churchill: The violations, they were... Parking a max number of vehicles per lot. Examiner Olbrechts: Okay. Jason Churchill: Garbage and recyclables. Appendix A -- Do--Trimmed by Rev (Completed 02/26/23) Transcript by Rev.com Page 10 of 27 Examiner Olbrechts: Where's the garbage and recyclables on the property? Jason Churchill: So... Examiner Olbrechts: Is that on the other property or, Jason Churchill: Yeah. Now that's going to be... Because at the front of the door of the garage is Quang Du, and then everything to the right of that would be Feng Chung's. So that would have to be assessed to Feng Chung. Examiner Olbrechts: I'm looking at slide 89 now. These are the tires you're talking about, and then I see some- Jason Churchill: Yes. Examiner Olbrechts: What's that stuff behind the tires? Jason Churchill: They're motors and lawn chairs and garbage. Examiner Olbrechts: Okay. All right. And are the motors essentially solid waste in your opinion, or are they usable? Jason Churchill: Yes. Examiner Olbrechts: Or Okay. All right. Jason Churchill: They're bulky waste. Examiner Olbrechts: Okay. Jason Churchill: Anything that can't be go into the regular garbage can. Appendix A -- Do--Trimmed by Rev (Completed 02/26/23) Transcript by Rev.com Page 11 of 27 Examiner Olbrechts: Okay. Do you know what it's there for? I mean, is it part of a business that they're salvaging parts or do you have any idea? Jason Churchill: From my assessment, I would say that they're trying to run a business off the property by hauling in junk vehicles and trying to pick them up and repair them. Examiner Olbrechts: Okay. Jason Churchill: And take them back off the property. Examiner Olbrechts: Okay. All right. Okay. All right. So yeah, we'll just go through the violations one at a time. What's the next one? Jason Churchill: So the other one was the outdoor storage, of course. Examiner Olbrechts: Okay. Jason Churchill: That would be Fung Chung. Examiner Olbrechts: Okay. And is that just the tires and the solid waste there? Jason Churchill: Yeah. Examiner Olbrechts: Is that again what we're looking at? Okay. All right. Jason Churchill: Yep. Examiner Olbrechts: Okay. Jason Churchill: Appendix A -- Do--Trimmed by Rev (Completed 02/26/23) Transcript by Rev.com Page 12 of 27 And disabled unlicensed vehicles is the next violation, which most of those vehicles are all unlicensed. Examiner Olbrechts: Okay. And can you provide a little more detail on how that was verified? I mean, did you have, I guess it was your predecessor looking up the license plates, or were license plates missing, or how was that done and how many? Jason Churchill: License plates are missing and expired tabs. Examiner Olbrechts: Okay. And many, do you know? Jason Churchill: There was only one vehicle on the property that was fully licensed. All the rest were... of the 10 that are on the property- Examiner Olbrechts: Okay. Jason Churchill: One was licensed, all other nine were all out of either no license plates or expired tabs. Examiner Olbrechts: Oh, okay. And the other nine you're talking about, are all of those on Mr. Du's property or some of them on... Jason Churchill: Some of them are on Feng Chungs'. Examiner Olbrechts: Oh, okay. All right. Okay. Okay. Mr. Do: May I speak? Examiner Olbrechts: When Mr. Churchill's done Mr. Du. Yeah. Just don't forget. Yeah. Okay. All right. Jason Churchill: And then the next one was vegetation for the property. Examiner Olbrechts: Appendix A -- Do--Trimmed by Rev (Completed 02/26/23) Transcript by Rev.com Page 13 of 27 Okay. Jason Churchill: Basically on QuangDoon the backside of the garage, he's got all the vegetation that's creeping all over the side of the building. That's about 10, 12 feet high. Examiner Olbrechts: Do we have pictures of that or I can see some right here on the fence. Is that what you're talking about? Jason Churchill: No. If you go back to, I believe it's 90. Examiner Olbrechts: Okay. Jason Churchill: And, oh, no, not 90. I'm looking for it in my packet here. She said it's this one. We go to exhibit two. Examiner Olbrechts: Okay. My computer's a little slow. Do you know what page that, oh, here we go. Found it. Okay. There we go. Jason Churchill: If we start looking at those. So those were the first initial start of everything, but if we keep on going down, there's going to be a photo of the side of his barn with all the vegetation. And this is the same vehicles now that are still on the property with all the license plates in there as well. Now this is the back portion of Mr. Du's property, and you see that the vegetation is quite high in the back there. Examiner Olbrechts: Okay. And the date on these pictures are June 13th, 2022. But are you saying on November 9th it still looked like that? Jason Churchill: Yes. Examiner Olbrechts: Okay. And is- Jason Churchill: I do have new pictures to submit as of today and also of February 10th. Examiner Olbrechts: Okay. Appendix A -- Do--Trimmed by Rev (Completed 02/26/23) Transcript by Rev.com Page 14 of 27 Jason Churchill: Showing the property as it is still. Examiner Olbrechts: Okay. All right. Okay. And what's next on the list? Jason Churchill: The next portion of the violation on the list, Exhibit 17. Examiner Olbrechts: Okay. Jason Churchill: So we already got the number of the vehicles, recyclables on the property, bulky waste we've already been through. And the other one is the outdoor storage, which we already got. And then the last one was just impermissible parking, how he's parking on the grass. Examiner Olbrechts: Okay. And that was Mr. Do's property? Jason Churchill: Yes. Examiner Olbrechts: Okay. And so Mr. Churchill, you wanted to show the photographs you wanted to get in. Now, can you share a screen? Are you able to do that on yours? Speaker 1: Let me make him... Jason Churchill: Yeah. You're going to have to make me... Examiner Olbrechts: Yeah. Speaker 1: I just made you co-host, so you should be able to do it now. Examiner Olbrechts: Yeah. Show us what, and then yeah, just walk me through those photographs and we'll put them in the record. Appendix A -- Do--Trimmed by Rev (Completed 02/26/23) Transcript by Rev.com Page 15 of 27 Speaker 1: Oh, I think you have to un-share- Examiner Olbrechts: Oh, do I? Speaker 1: In order for him to share? Jason Churchill: Yeah. I can't share right now. Examiner Olbrechts: I'm still sharing. I'm sorry. Yeah, you're right. Didn't realize I was still sharing. Okay. There we go. Jason Churchill: Okay, now I've got to share my screen. Sorry, I'm not used to Zoom. Examiner Olbrechts: Yeah, they didn't tell you that in Code Enforcement School, huh? How to use Zoom? I had to learn too. Jason Churchill: Okay. So can we see the screen right now? Examiner Olbrechts: Yes, I see a photograph February 10th, 2023. Jason Churchill: Perfect. And the vehicles are the tow truck, the two pickup trucks, the SUV on the property. Examiner Olbrechts: And are all those unlicensed? Jason Churchill: Yes. Examiner Olbrechts: Okay. Jason Churchill: They're all unlicensed. Examiner Olbrechts: Appendix A -- Do--Trimmed by Rev (Completed 02/26/23) Transcript by Rev.com Page 16 of 27 All right. Jason Churchill: And then we also have the broken down vehicle there, and then the truck with tires and the canopy. Examiner Olbrechts: Okay. Jason Churchill: And they are all unlicensed as well. Examiner Olbrechts: And this is the second photograph you're showing, okay. Jason Churchill: Yes. Examiner Olbrechts: And this is still on Mr. Do's property? Jason Churchill: Correct. Examiner Olbrechts: Okay. Jason Churchill: And you can see in this picture the vegetation that's still in the back behind his garage. Examiner Olbrechts: Okay. Jason Churchill: And it's still up over the limit of what's allowed. Examiner Olbrechts: Okay. Jason Churchill: And moving on to the next picture, this is Mr. Do's property where now you can really see the vegetation, how it's up to the side of the building, the truck, the broken down vehicle. I'm moving on to the next photo. Appendix A -- Do--Trimmed by Rev (Completed 02/26/23) Transcript by Rev.com Page 17 of 27 Examiner Olbrechts: Okay. Jason Churchill: Now that's Feng Chung's property, so we're not going to deal with that. But this is back to Quang Du's property. Examiner Olbrechts: Okay. Jason Churchill: This is, I believe it looks like a truck bed to me, turned up on its side. Examiner Olbrechts: Okay. Jason Churchill: Leaned up against his garage along with a gate of some sort, some bulky waste. And that was what basically this photo is showing. Examiner Olbrechts: Okay. Jason Churchill: And it also shows the vegetation a little better going up against the house. Examiner Olbrechts: Ah, yeah. Or against the garage, right? Jason Churchill: Garage. Garage, correct. Examiner Olbrechts: Okay. Yeah. Jason Churchill: Next photo is another picture of the vegetation. Examiner Olbrechts: And again, this is the way it looked on November 9th as well, of 2022. Jason Churchill: Yes. Appendix A -- Do--Trimmed by Rev (Completed 02/26/23) Transcript by Rev.com Page 18 of 27 Examiner Olbrechts: Okay. All right. Jason Churchill: Yep. Examiner Olbrechts: And did you personally see the- Jason Churchill: And I did some pictures today as well. Examiner Olbrechts: Okay. Did you personally see the property on November 9th yourself? Jason Churchill: Yes. Examiner Olbrechts: Okay, great. Jason Churchill: I was the one that did all the pictures for the violations for November 9th as well. Examiner Olbrechts: Okay. Okay. Great. Jason Churchill: And then I did some pictures today, and I tried separating, this is Feng Chung's property still, but you can see over on Quang Du's property that the tow truck is still in the same place. The other vehicles are still there. Examiner Olbrechts: Okay. Jason Churchill: The truck with the tires, the broken down vehicle, the SUV is still there. And then that's Feng Chung's, but all these vehicles are still unlicensed, inoperable. Examiner Olbrechts: Which vehicle is this? This brown one? Jason Churchill: Appendix A -- Do--Trimmed by Rev (Completed 02/26/23) Transcript by Rev.com Page 19 of 27 So this is over on Quang Du's property. Examiner Olbrechts: Oh, okay. Jason Churchill: Right in front of that pickup truck with all the tires. Examiner Olbrechts: Okay. Jason Churchill: No license plate. Tires are falling off. Examiner Olbrechts: Right. Jason Churchill: Yeah. Examiner Olbrechts: Okay. Jason Churchill: And this was just today. Examiner Olbrechts: Okay. Jason Churchill: License plate expired 2016. Examiner Olbrechts: Which car is that? Oh, that's the- Jason Churchill: This is for the truck with all the tires in it. Examiner Olbrechts: And that's on the Do property? Jason Churchill: This is on the Do property. Appendix A -- Do--Trimmed by Rev (Completed 02/26/23) Transcript by Rev.com Page 20 of 27 Examiner Olbrechts: Okay. Right. Jason Churchill: Still the truck bed leaning up against the garage along with, I don't know what the metal thing is. It looks possibly a trailer tailgate or something like that. Examiner Olbrechts: Okay. Jason Churchill: That's Do's property. That's still Do's property. That's still Do's property, Do's property. Examiner Olbrechts: You showed some junk on the side of the Do's property. Yeah, I was kind of curious on what that looked like there. Jason Churchill: Oh, this is- Examiner Olbrechts: Yeah, right there. Jason Churchill: So this is Feng Chung's property. Examiner Olbrechts: Oh, that's Chung's property. Okay. And what is that stuff again? That's engine parts? Jason Churchill: Lawnmowers. Examiner Olbrechts: Multiple lawnmowers. Wow. And is this- Jason Churchill: Multiple lawnmowers. Examiner Olbrechts: And is this the way it looked on November 9th as well? Jason Churchill: No, on November 9th, this was all car tires. Appendix A -- Do--Trimmed by Rev (Completed 02/26/23) Transcript by Rev.com Page 21 of 27 Examiner Olbrechts: Oh, okay. Okay. Gotcha. Jason Churchill: And now the car tires are all of a sudden in the truck on Mr. Du's property. Examiner Olbrechts: Oh, okay. Gotcha. Jason Churchill: But this is a different photo, so different case. All right. But those are the photos that I'd like to add in as well. Examiner Olbrechts: Okay. Mr. Du, any objection over entry the photographs that Mr. Churchill just showed? Mr. Do: I see everything's very messy. I understand clearly. Examiner Olbrechts: Okay, well, I'll go ahead and admit those. Mr. Do: I'm just want to clean it up. Examiner Olbrechts: Yeah. Okay. Well, right now we're just dealing with whether the photos are to be admitted or not, so I'll go ahead and admit those as Exhibit 21. And Mr. Churchill, those are photos dated today, right? February 14th, all of them? Okay. Jason Churchill: No, some of those are photos are from February 10th and also February 14th. Examiner Olbrechts: Okay. And how many total were there? Jason Churchill: Oh, 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16. Examiner Olbrechts: Okay. So Exhibit 21 will be 16 photographs shown during the hearing today by Mr. Churchill. All right. Anything else, Mr. Churchill? Appendix A -- Do--Trimmed by Rev (Completed 02/26/23) Transcript by Rev.com Page 22 of 27 Jason Churchill: No, and I really want Mr. come into compliance. I really don't want to have to charge fines for the property, but I'd really just like to see some movement on the property. I do know that Mr.Do has posted a 72-hour notice to vacate his property, and that was back in November. But I haven't seen any movement after that. All the vehicles still persist. And Mr. Do, all I'm looking for is that communication between you and me to come to a resolution as to finding a solution to solve this and make this better. Examiner Olbrechts: Okay. And just so Mr.Do owns the property, but it's renters that are on there right now that are causing all the problems? Is that what's going on? Okay. Jason Churchill: The renters from Feng Chung's property, yes. Examiner Olbrechts: Oh, I see. Okay. All right. And, all right, so on the issue of the split property, I can leave the record open and have Mr.Do submit the deeds that show that they were owned separately on the date of violation. Or if you believe him and you don't think that needs any further investigation, you can just agree they're separately owned on the date of violation. I mean, where's the city stand on that? Jason Churchill: Yes, I'm in full agreement that that's the case. Examiner Olbrechts: Oh, so they were separately owned. Okay. Jason Churchill: That they're separately owned and that's why I did break off. There is a new case for Quang Du. Examiner Olbrechts: Okay. Jason Churchill: And then Feng Chung is actually this case now. Examiner Olbrechts: Okay. All right. So Mr. Do, the city has agreed they don't contest the fact that the properties were separately owned with you and your ex-wife on the date of violation. So that means very likely that I will just find that you're responsible for any violations that occurred on your property, not your ex-wife's property. So that's all we need to address today then is the violations on your property. You don't have to worry about the violations on your ex-wife's property. Does that make sense? Mr. Do: Yes, sir. Appendix A -- Do--Trimmed by Rev (Completed 02/26/23) Transcript by Rev.com Page 23 of 27 Examiner Olbrechts: Okay. Mr. Do: But I'd like to clean it up as soon as possible. Examiner Olbrechts: Okay. Mr. Do: Because actually my family travel on February 27th and back on the April 18. So we have a long, long family union. That reason I like to clean up before I travel. So I need a city help because I want to clean it up, but I'm worried about if something happened. Examiner Olbrechts: Okay. Mr. Do: Because I told that and so on. Examiner Olbrechts: So when you say you want the city's help, what do you want the city to evict the tenants for you? Is that what you're trying to... Because I think that's ultimately, you as a property owner have to do that and are responsible for that. Mr. Do: Because I see the root of problem, this is residential, not commercial, but the use this location to fix car and to fix a lawnmower. If you go over there, you see a lot of more lawnmower. Examiner Olbrechts: Right. Mr. Do: And then the car. I see they fix the [inaudible 00:28:59] even though the car with the license. Examiner Olbrechts: So- Mr. Do: The good license plate, they came there to fix it. Examiner Olbrechts: Right. Appendix A -- Do--Trimmed by Rev (Completed 02/26/23) Transcript by Rev.com Page 24 of 27 Mr. Do: But they want to be, this became the commercial. So this violate the code. I believe that's the problem. Examiner Olbrechts: Okay. Mr. Do: So I, excuse me, if I tow the car, I like to have a police next to me and tow it out because I don't want this happen anymore. I know this is very messy. Examiner Olbrechts: Okay. Mr. Do: [Inaudible 00:29:38] Examiner Olbrechts: Okay. So basically you said you just need some police help to get trespassers off your property is what it sounds like. Mr. Do: Yes. Examiner Olbrechts: Yeah. Yeah. All right. Mr. Do: Then we clean up. Examiner Olbrechts: Yeah. And Mr. Churchill, are you familiar with how the city can help Mr.Do in this circumstance? Jason Churchill: Well, I don't think it... I can arrange something. I can be out there when he decides to tow him, but I would need a specific date from the towing company to have law enforcement out there to be witnessed. But I don't know of any tow truck companies that are going to give you a date and time as exactly when they're going to be out there. Examiner Olbrechts: So Mr. Churchill, I'm wondering, should I leave the record open so you and Mr.Do can work out how to use police and to get this property cleaned up, and once that's all resolved, figure out what fines should be assessed and that kind of thing? I mean, maybe after a couple months you'll decide no fines have to be assessed if everything's cleaned up or I don't know, should we do it that way? I'm not very familiar with how to use police resources in this particular circumstance, it sounds like you know... Appendix A -- Do--Trimmed by Rev (Completed 02/26/23) Transcript by Rev.com Page 25 of 27 Jason Churchill: Yeah, this is going to be a new one for me as well. Yeah. So basically, I think we should just close the docket on Mr.Do because he has a new code case. I mean, now I'm just specifically focused on his property with Mr. Du, which there are no fees attached to his property yet. Basically the code case 22- 000225 is his ex-wife's now. And I have talked to her and she does not want to do anything about the violation. So I'm probably going to move forward with going criminal on her and keep Mr.Do as a warning right now until the property's cleaned. Examiner Olbrechts: So what kind of resolution do you want from me that maybe to find the violations of occurred, but no fines are levied? Is that? Jason Churchill: Yeah, no fines levied against Mr. Do. Examiner Olbrechts: So then none were asked in the second notice of violation. I just don't... I thought there were fines listed on it. Let's see. Jason Churchill: Yes, there are. Examiner Olbrechts: But you're saying you don't want them levied? Jason Churchill: No, I will cancel those out. Examiner Olbrechts: All right. Okay. Well that's not too bad then. It's okay. All right. But it would still have the order to correct. And then if Mr. Do's cooperation is necessary in the future, you'll have that order to correct maybe as an enforcement tool then, is that- Jason Churchill: Correct. Examiner Olbrechts: What you're looking for? Jason Churchill: He will also have the option to appeal any other order of correct notice after. Examiner Olbrechts: Appendix A -- Do--Trimmed by Rev (Completed 02/26/23) Transcript by Rev.com Page 26 of 27 Okay. All right. Okay. So does this make sense about what's happening, Mr Do. Mr. Churchill is saying no fines, but he still wants a finding that the violations have occurred and that it needs to be cleaned up somehow and then leave it at that. Mr. Do: Yes, sir. Examiner Olbrechts: Okay. All right. Well, that's it. And Mr. Du, do you contest that any of the violations have occurred? I didn't hear you really debate whether you know... I mean, there's I think, what five violations listed in the notice. Let me get that up bigger here. Six violations listed on the notice of violation. Are you contesting any of those? Mr. Do: I think I have sent all of them. Examiner Olbrechts: Okay. Mr. Do: Only- Examiner Olbrechts: You're just saying you didn't do it right? It's the tenants of your ex-wife that are causing the problem. That's basically what you're saying. Okay. Okay. All right. I think I have a pretty good understanding. Yeah. Examiner Olbrechts: That's all right. I'll go ahead and yeah, I'll issue probably an order finding that all the violations occurred, but assessing no fines and maintaining an order to correct. And we'll get that out in the next couple weeks then. So. Jason Churchill: Perfect. Examiner Olbrechts: All right. Did you do need to say anything else, Mr. Du? Mr. Do: Thank you very much. But I think we have to work very closely and fast because I travel. Examiner Olbrechts: Appendix A -- Do--Trimmed by Rev (Completed 02/26/23) Transcript by Rev.com Page 27 of 27 Okay. All right. I'll leave and then maybe you want to talk to Mr. Churchill about when you want to get together and work this out. Okay. So I'll get out of the hearing then. We're adjourned for the notice of violation. Mr.Dostay on so you can talk to Mr. Churchill. Have a good afternoon. Jason Churchill: Thank you.