HomeMy WebLinkAboutLan Decision �
' Denis Law Mayor
�
City Clerk-Jason A.Seth,CMC
January 22, 2018
Mr. Wentian Lan
2605 82"d Av N E
Medina, Washington 98039
Re: Hearing Examiner's Decision
Code Case No: CODE-16-000613
Dear Mr. Lan:
Attached is your copy of the Hearing Examiner's Decision dated January 20, 2018 in the above-
referenced matter.
If you have further questions, please contact me in advance of the hearing date at 425-430-
6510.
Sincerely,
�
.
ason . Seth
City Clerk
cc: Hearing Examiner
Craig Burnell, Building Official
Donna Locher, Code Compliance Inspector
Tim Lawless, Code Compliance Inspector
Robert Shuey, Code Compliance Inspector
1055 South Grady Way,Renton,WA 98057 • (425)430-6510/Fax (425)430-6516 • rentonwa.gov
OFFICE OF THE HEARING EXAMINER
CITY OF RENTON
REPORT, DECISION AND REQUIRED CORRECTIVE ACTION—APPEAL OF NOTICES OF
VIOLATION(CODE16-0006131
Appellant: Wentian Lan
2605 82°d Ave NE
Medina, WA 98039
Alleged Violations: RMC 4-4-070P1 —failure to maintain landscaping.
Location of Violation: 17630 108`"Ave SE
Renton, WA 98055-6451
Public Hearing: November 14, 2017 at Renton City Hall.
Decision: Violation sustained; $100 fine suspended for six months until May
14, 2018. If property maintained in compliance with RMC 4-4-
070P 1 for that six month period the fine is to be waived and the
appeal is considered dismissed.
SUMMARY OF DECISION
Mr.Lan appeals a Finding of Violation alleging violation of RMC 4-4-070P1 due to failure to maintain landscaping,
specifically some of the landscaping has died and weeds needed to be removed. At the hearing Mr. Lan presented
photographs that the City agreed showed correction of the violation. Pursuant to agreement of the parties,the$100
fine imposed by the Notice of Violation is suspended for six months. If the property is maintained for that six
month period as required by RMC 4-4-070P1, the $100 fine shall be waived and Notice of Violation shall be
dismissed. If the property is not maintained as required for that six month period,the Notice of Violation shall be
considered sustained and the$100 fine shatl be imposed upon successful prosecution by the City of a Second Notice
of Violation.
SUMMARY OF HEARING TESTIMONY
Donna Locher,Renton Code Enforcement Officer,summarized the staffreport. She noted that warnings and notices were
sent to Mr.Lan in 2016 for the alleged violations. She noted that Mr.Lan has been easy to work with but the property hasn't
been sufficiently maintained as required by City regulations. In response to examiner questions,Ms.Locher noted that the
building was built when the property was in King County so to determine what landscaping was required for the project,the
City is going by the landscaping was installed.
Mr.An spoke on behalf of Mr.Lan. He is a friend of Mr.Lan and was there to translate for him. He noted that Mr.Lan is
not contesting the allegations. Mr.An explained that he is Mr.Lan's contractor. He noted that Mr.Lan's prior contractor
had commenced work at the project site without acquiring necessary permits and because of this Mr.Lan has lost a lot of
Appeal of Notice of Violation
Page 2
money in trying to redevelop the site. The prior contractor scammed Mr.Lan for a lot of money. Since the property is
vacant,no one has been monitoring the landscaping. He has someone go out to the property once every two or three weeks
to clean it up,but Mr.Lan hasn't done any replanting or trimming oftrees. However,since Mr.An became involved he has
brought out his own landscaper to the project site and improved the landscaping as required by the City. A fence that had
been installed by Mr.Lan along the right of way has been removed. Mr.Lan isn't ignoring the City's request,he's doing
what he can to comply.
In response to examiner questions,Ms.Locher confirmed that more than clean-up of the landscaping is necessary;that plants
need to be installed and weeds need to be removed. Ms.Locher noted that the new landscaping work done by Mr.Lan looks
really good and is what the City was looking for in compliance. Ms.Locher agreed to have the f►nes be suspended for six
months.
EXHIBITS
Exhibits 1-16 identified in the City's exhibit list were admitted into the record during the hearing. Seven
photographs depicting new landscaping work were admitted from the Appellant as Exhibit 17.
FINDINGS OF FACT
1. Appellant/Property Owner. The property owner is Wentian Lan,2605 82nd Ave NE
Medina,WA 98039
2. Pro e . The property subject to this appeal is located at 17630 108th Ave SE
Renton, WA 98055-6451
3. Subject of Appeal. The Appellant appeals a Finding of Violation("FOV")issued on October 12,2017,Ex.
15. The FOV asserts that Mr. Lan failed to maintain landscaping as required by RMC 4-4-070P1.
4. Landscapin�Not Maintained. Mr. Lan does not contest the fact and photographs submitted by the City
establish that on October 12,2017 the landscaping of the property was not maintained due to the presence
of dying plants and weeds.
5. "Required" Landscaping. The evidence in the record does not identify specifically what landscaping was
required for the project site when the buildings located on the property on the day of violation were
constructed. The City identified that the building was subject to King County approval because it was
constructed prior to annexation of the subject property into the City of Renton. In the absence of any
evidence to the contrary, it is determined under the preponderance of evidence standard that more likely
than not all landscaping on the subject property was required by King County regulations,as it was unlikely
that any prior property owner added landscaping after King County's approval of the building.
6. Landsca�in�Now Maintained. Mr. Lan established through photographs admitted as Exhibit 17 that the
landscaping is now properly maintained, with removal and replacement of dying plants, and removal of
weeds and litter.
CONCLUSIONS OF LAW
1. Hearing Examiner Jurisdiction. The hearing examiner has jurisdiction to hear an appeal of a Notice of
Violation as a designee of the Administrator of the Department of Community and Economic Development.
Appeal of Notice of Violation
Page 3
See RMC 1-3-2(B)(1)and RMC 1-3-2(E). As designee ofthe Administrator,the examiner is authorized to
require conective action for Findings of Violation that become final pursuant to 1-3-2(D)(2)
2. Aoplicable Code provisions. The FOVs assert violation of RMC 4-4-070P1, which is quoted below in
italics.
RMC4-4-070P1 :
Maintenance Required:Landscaping required by this Section shall be maintained by the owner and shall
be subject to periodic inspection by the Department of Community and Economic Development. Plantings
are to be maintained in a healthy, growing condition and those dead or dying shall be replaced. Property
owners shall keep the planting areas reasonably free of weeds and litter.
3. RMC4-4-070P1 violation sustained. The City has established that the Appellant has failed to maintain
landscaping as required by RMC4-4-070P1. As determined in the Findings of Fact of his decision, on the
alleged October 12,2017 date of violation,the landscaping was not properly maintained due to the presence
of dying landscape plants, weeds and litter. Although the landscaping was required by King County, it is
deemed "required by this section" as quoted above via the City's nonconforming site development
standards, RMC 4-10-020.
4. Miti�ation of Fines. RMC 1-3-2(E)(3)(fl authorizes the examiner to mitigate fines. Since(1)the violations
have been corrected as determined in Finding of Fact No.6; (2)the Appellant has cooperated with the City
in code compliance efforts; and(3)the City is in agreement,the$100 fine imposed by the subject Finding
of Violation will be suspended for six months.
DECISION
The$100 fine imposed by the Notice of Violation under appeal is suspended for six months through May 14,2018. If
the property is maintained for that six month period as required by RMC 4-4-070P1,the$100 fine shalt be waived and
Notice of Violation shall be dismissed. If the property is not maintained as required for that six month period, the
Notice of Violation shall be considered sustained and the$100 fine shall be imposed upon successful prosecution by
the City of a Second Notice of Violation.
Decision issued January 20, 2018.
� � ���
Fhi A,Cllbrechts ���
Hearing Examiner
NOTICE OF RIGHT TO APPEAL AND RECONSIDERATION
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. Reconsideration requests
are authorized for up to ten business days after issuance of this decision if filed with Renton City Clerk.
Appeal ofNotice of Violation
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