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HomeMy WebLinkAboutCarner Code AppealCITY OF RENTON KELLY G GARNER MAR 0 9 2018 MARCH 07, 2018 RECEIVED 11135 SE 164 TH ST CITY CLERK'S OFFICE RENTON WA. 98055 Hi Chip Vincent hoping you can help me I'm having some issues with some (Violations)that Donna Locher has said exist. I'm disabled and have been since 2013 so required longer than normal to correct the violations and as far as the commercial vehicle , pizza trailer is parked on my property when not in use, none of these vehicles are on the public (Right of Way).The bus is going to replace the current food truck when it's done, I have a container I purchased in 2015 and I have no problem with getting rid of it as long as I'm not being singled out as there are many containers within a couple of blocks of me,and I don't have any of my rights as property owner being manipulated by code enforcement. I looked up the code that Donna has supplied for all these and some of the codes don't apply or even exist and others she has reworded or misquoted the code completely and yet others were changed after she sent the first. I called her to tell her I would work on these things but it would take time, I can see the need to fix and I agree with some of the codes. I was in the process of building a shed that was not yet completed I have recently completed the shed and I'm in the process of emptying the container and selling things I expect this will take me a couple more months to finish, at that point I will sell the container. I purchased this Property in 1999 while it was Located in Unincorporated King County, My understanding is my rights are protected under the Vested Rights doctrine from State of Washington if this not the case can you please provide me all of the relevant information about my rights I have as a property owner. Please contact me with any questions. Kelly G Carner 206-992-5394 Kelvisss@gmail.com Thank you for your time. Finding of Violation ilk Denis Law Mayor Community&Economic Development C.E."Chip"Vincent,Administrator Issued To: Date:February 22,2018 Code Case No:CODE17-000628 Kelly Carner Owner(Tax-Payer):Kelly Carner,A Fire Inside A Fire Inside Violation Address: 11135 SE 164th St 11135 SE 164th St Renton,WA 98058 Renton,WA 98055-5221 The undersigned City of Renton Code Compliance Inspector hereby certifies and states that a Warning of Violation has been provided to the named violator and the violation was not eliminated. The Violator has created, permitted to exist, maintained or failed to eliminate the following violation(s): Violation Note: A site reinspection on February 19,2018, noted the following vehicles: WA license plate#BGJ0315 currently licensed. WA license plate#B90515S currently licensed. WA license plate#BHW665 currently licensed. WA license plate#C29253G currently licensed. WA license plate#AHH2032 currently licensed. WA license plate#B24221C currently licensed. WA license plate#AVE3117 currently licensed. WA license plate#A95076N(43799CV)currently licensed. A truck with a pizza wagon WA#8781-XH behind it. A commercial transit van. Code Text: RMC 4-4-080.F.10.d Parking Spaces Required Based on Land Use regulates the number of allowed parking spaces based on land uses,therefore,the code states for detached dwellings in a residential zone:"a maximum of 4 vehicles may be parked on a lot, including those vehicles under repair and restoration, unless kept within an enclosed building." Corrective Action: Limit the number of licensed and operable vehicles on your property to four(4). Fees: Description Amount CODE-First Violation Fee 100.00 Violation 1 Subtotal: 100.00 Page 1 of 4 ear(r i s t e 1..> .: '' v w^.. d. 1."x.... ... !, aY' .s.rt,+M ` 1141tAts rie,es, 0 Violation Note: A site reinspection on February 19,2018, noted the cargo/shipping container remains on the property. Code Text: RMC 4-5-130.6.4;The City of Renton Municipal Code has specific regulations governing outdoor storage,the amended IPMC 308.9 regarding prohibited materials states: 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. Corrective Action: Remove all shipping/storage containers from this property. Fees: Description Amount CODE-First Violation Fee 100.00 Violation 2 Subtotal: 100.00 4: 01/4. avi 6a wr $ 't Violation Note: 10-10-12 OVERNIGHT PARKING OF CERTAIN VEHICLES PROHIBITED: It shall henceforth be unlawful to park within any residential zone(SR-1, SR-2, R-1 through R-4, T and G)within the City from the hours of nine o'clock(9:00)P.M.to six o'clock(6:00)A.M.the following types of vehicles: A. All types trailers designed to be drawn by a motor vehicle except recreation trailers. B. Buses and trucks used for business purposes in whole or in part excluding pickup or panel trucks of less than one ton rated capacity. (Ord. 3428,4-28-80;amd. Ord.4271,6-18-90) 10-10-13 PARKING OF CERTAIN COMMERCIAL VEHICLES OR VEHICLES OVER TWELVE THOUSAND POUNDS GROSS VEHICLE WEIGHT REGULATIONS: A. Parking; Residential Developments: It shall be unlawful to park any commercially licensed or any vehicle over twelve thousand(12,000)pounds gross vehicle weight on any public right-of-way in which all of the adjacent structures are occupied as residential dwellings.Adjacent structures shall mean those structures on the same side of the right-of-way as the area for parking and within the same block. Code Text: Commercial Vehicle Parking Corrective Action: A site inspection on February 19,2018, noted the transit van remains on the property. Remove the transit van advertising"Welcome Aboard"from the property. Fees: Description Amount CODE-First Violation Fee 100.00 Violation 3 Subtotal: 100.00 Page 2 of 4 R, f a '' t.,u> ;',1" .. w.a 'e" i5rs„... 7m.. 4.?,. Violation Note: A site re-inspection on February 19,2018, noted the outdoor storage on this property exceeds 200 square feet in size. Code Text: RMC 4-5-130.B.4 The Renton Municipal Code has specific regulations governing outdoor storage,the amended IPMC code states that: 308.2 Allowed residential outdoor storage: For RC and R1 zoned properties,a maximum of 400 square feet of area may be used for outdoor storage. For R4 and R8 zoned properties, a maximum of two hundred(200)square feet of area may be used for outdoor storage. 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. Corrective Action: This property is located in an R-8 zone. Consolidate the outdoor storage on this property to an area no larger than 200 square feet and remove all items from the front/side yard OR critical area(wetland, stream, and/or associated buffer areas).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. Fees: Description Amount CODE-First Violation Fee 100.00 Violation 4 Subtotal: 100.00 Total Amount Due: $400.00 Payment of$400.00 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. Invoice to follow. 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 above. I certify that I believe by a preponderance of the evidence that the violator committed the above violation(s). Signed: j49.( Date: CQ-''6 Issued By:Donna Locher Lead Code Compliance Inspector 425-430-7438 dlocher@rentonwa.gov Page 3 of 4 Code Case No:CODE17-000628 Date:February 22,2018 Violation Address: Total Amount Due:$400.00 11135 SE 164th St Renton,WA 98055-5221 NOTICE OF RENTON MUNICIPAL CODE VIOLATION The City has elected to establish a non-judicial hearing and determination system to enforce Renton Municipal Codes(RMC)civil code violations.Therefore a code violation penalty,consistent with RMC 1-3--2.P is imposed,not including any costs,fees or assessments. You may respond in the following manner: 121 I deny creating,permitting to exist,maintaining or failing to eliminate the violation(s)and I am requesting a hearing to contest this Finding of Violation.Appeal requests must be received by the Renton City Clerk's office within 15 days of the date of this Finding of Violation.Please send me a hearing date.I promise to appear on that date.The administrator must prove by a preponderance of the evidence that I committed the violation.I understand that under RMC 1-3-2.G that the administrator shall decide whether the opportunity to be heard will be only in writing or in person,or both.The city is not required to call witnesses to testify at the hearing. Pursuant to RMC 1-3-2.K,failure to attend the scheduled hearing makes the Finding of Violation final,and I may be subject to additional costs if I fail to withdraw or resolve my appeal prior to the hearing date.I also understand that the city has not waived any rights or remedies under the law. Appeals should be mailed to: City of Renton Attention: City Clerk 1055S Grady Way Renton,WA 98057 I admit that I have created,permitted to exist,maintained or failed to eliminate the violation(s)and do not need or want any kind of hearing.As a result,I have enclosed a check or money order(do not send cash)in the amount of$ I understand I am required to bring the property into compliance with City of Renton Municipal Code.I also understand that if compliance is not achieved I may be issued additional Findings of Violation with increasing penalties,and or criminally prosecuted.NSF checks will be treated as failure to respond. Payment should be made to: City of Renton Attention: 1st Floor Finance 1055S Grady Way Renton,WA 98057 Complete information below:(PLEASE PRINT) Name: Street or P.O.Box: City: State: Zip: Telephone:Home: Work: Signature of Violator: nate: Page 4 of 4 Grail Kelly Carner <kelvisss@gmail.com> Kelly Carner Kelly Carner <kelvisss@gmail.com> Wed, Feb 28, 10:24 AM To: cburnell@rentonwa.gov <cburnell@rentonwa.gov> Hi I have question if you are aware of (Vested Rights) and had dealings with this Washington State Mandate before? When Vested Rights Apply, What Is Subject to Being Vested?i If vested rights apply to an application for a building permit or preliminary subdivision/short subdivision approval, they vest to "zoning or other land use control ordinances." Departing from appellate court interpretations that "land use control ordinances" are ones that have a restraining or directing influence on the use of the land regardless of whether adopted pursuant to State directive or local discretion, the Supreme Court in Snohomish County v. Pollution Control Hearings Board(2016) concluded that "land use control ordinances" mean only those ordinances adopted as a matter of local discretion, not those implementing a State mandate. "[T]he vested rights doctrine grew out of a concern that municipalities were abusing their discretion with respect to land use and zoning rules. That concern is not present in the [stormwater] Permit, as the State has mandated local governments to implement a stormwater management program that may take the form of stormwater regulations." (See Slip. Op. at 16-17). With this interpretation, it is possible that courts will conclude other state- mandated regulations (e.g., shoreline, critical areas, etc.) will not be subject to vesting, as well. The courts have held "zoning or other land use control ordinances" not to include: Stormwater regulations required under municipal stormwater permit (NPDES) issued by Department of Ecology. See Snohomish County v. Pollution Control Hearings Board (2016). Impact fees. See New Castle In vs. v. City of La Center (1999). Connection fees. See Lincoln Shiloh Assoc., Ltd. v. Mukilteo Water Dist. (1986). Procedural regulation setting expiration date for inactive plat applications. See Graham Neighborhood Assn v. F.G. Associates (2011). Other Considerations Regarding Vested Rights in addition, the courts have held with respect to the vested rights doctrine: Vested rights are not waivable; developer cannot selectively benefit from old and new regulations. See East County Reclamation Co. v. Bjornsen (2005). Vested rights survive annexation. See Schneider Homes v. City of Kent (1998). Submission of a completed plat/short plat application vests the developer with the right to both divide the property and to develop it in the manner disclosed in the application in accordance with the land use and zoning laws in effect on the date of submission of the application. See Noble Manor v. Pierce County (1997). Preapplication procedures that delay the vesting point until well after a developer first applies for project approval and that reserve almost unfettered ability to change ordinances in response to a developer's proposals violate the vested rights doctrine. See West Main Assocs. v. Bellevue (1986). Vested rights apply regardless of the existence of an enacted but not yet effective zoning change. See Allenbach v. City of Tukwila (1984).