HomeMy WebLinkAboutHolm Decision Denis Law Mayor
City Clerk-Jason A.Seth,CMC
March 21, 2018
Mr. John Holm
4611 130th Avenue SE
Bellevue, WA 98006
Re: Hearing Examiner's Decision
Code Case No: CODE-17-000477
Dear Mr. Holm:
I have attached the Hearing Examiner's Decision dated March 20, 2018, in the above referenced
matter.
If you have any questions or concerns, please feel free to contact me.
Sincerely,
Jason . Seth
City Clerk
cc: Hearing Examiner
Craig Burnell, Building Official
Donna Locher, Code Compliance Inspector
Robert Shuey, Code Compliance Inspector
Alex Tuttle, Assistant City Attorney
Chip Vincent, CED Administrator
Angie Mathias, Long Range Planning Manager
Sandra Pedersen, Finance
1055 South Grady Way, Renton,WA 98057 • (425)430-6510/Fax (425)430-6516 • rentonwa.gov
BEFORE THE HEARING EXAMINER OF
RENTON
DECISION
FILE NUMBER: FOV#: CODE17-000477
VIOLATION ADDRESS: 355 Rainier Ave N
Renton, WA 98057
PROPERTY OWNER: John Holm
4611 130th Ave SE
Renton, WA 98006
REVIEW AUTHORITY: City of Renton
TYPE OF CASE: Appeal of Finding of Violation
RULING: Finding of Violation sustained; $100 fine due by April 27,
2018.
SUMMARY
Mr. Holm has appealed a Finding of Violation asserting that he has failed to remove graffiti from property owned by
him. The Finding of Violation is sustained. The$100 fine imposed by the Finding of Violation is due and payable to
the City of Renton by April 27,2018.
HEARING
The hearing on the appeal was held on February 20, 2018 at the Renton City Hall Council
Chambers, 1055 South Grady Way, Renton, WA 98057.
TESTIMONY
Donna Locher, code enforcement officer, summarized the Finding of Violation. She noted the
graffiti has been removed since issuance of the Finding of Violation.
EXHIBITS
Exhibits 1-5 identified in the staff's exhibit list were admitted into the record during the hearing.
The Appellant did not appear.
Code Enforcement Decision - 1
FINDINGS OF FACT
1. Site and Owner. The violation site is located at 355 Rainier Ave N Renton, WA 98057
The site is owned by John Holm.
2. Appeal. Mr. Holm appeals a Finding of Violation issued on December 12, 2017 for
violations based upon a site visit by City staff taken on December 11, 2017. For that date, the
Finding of Violation asserts violation of International Property Maintenance Code ("IPMC")
Section 302.9 (failure to remove graffiti). The Finding of Violation imposed a $100 fine. Mr.
Holm filed an appeal of the Finding of Violation on December 20, 2017.
3. Graffiti. As shown in a photograph of the violation site taken on December 11,2017, Ex.
4, the violation site had graffiti spray painted on an exterior wall. As depicted in the Code
Compliance Narrative, Ex. 1, Mr. Holm was issued a Warning of Violation on October 31, 2017
and a second Warning of Violation on November 28, 2017, directing him to remove the graffiti.
Mr.Holm did not remove the graffiti prior to issuance of the Finding of Violation dated December
20, 2017.
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. Code Violation: The Finding of Violation of this case (Ex. 4) is based upon the violation
of Renton Municipal Code regulations, specifically RMC 4-5-130(A), which adopts IPMC 302.9.
Applicable code sections are quoted below in bold italics and applied through associated
Conclusions of Law.
International Property Maintenance Code Section 302.9 as adopted by RMC 4-5-130(A): No
person shall willfully or wantonly damage, mutilate or deface any exterior surface of any
structure or building on any private property by placing ay marking, carving or graffiti.
It shall be the responsibility of the owner to restore said surface to an approved state of
maintenance and repair.
4. The Appellant is found to be in violation of International Property Maintenance Code
Section 302.9. As determined in Finding of Fact No. 3, the Appellant failed to remove graffiti
located on his property, despite receiving two Warnings of Violation requiring removal.
DECISION
The graffiti violation asserted in the Finding of Violation, Ex. 4, is sustained. The $100 fine is
sustained and must be paid by April 27, 2018.
Code Enforcement Decision-2
Decision issued March 20, 2018.
Phi A.Olbrechts
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-3