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HomeMy WebLinkAboutCitys File - Appeal Packet SnyderCITY OF RENTON | DEVELOPMENT SERVICES DIVISION EXHIBITS WWW.RENTONWA.GOV |1055 SOUTH GRADY WAY, FLOOR SIX | RENTON, WASHINGTON 98057 | 425.430.7200 PROJECT NAME: CODE CASE NUMBER: VIOLATOR: STAFF CONTACT: VIOLATION LOCATION: The following exhibits were entered into the record: CITY OF RENTON | DEVELOPMENT SERVICES DIVISION EXHIBITS WWW.RENTONWA.GOV |1055 SOUTH GRADY WAY, FLOOR SIX | RENTON, WASHINGTON 98057 | 425.430.7200 PROJECT NAME: CODE CASE NUMBER: VIOLATOR: STAFF CONTACT: VIOLATION LOCATION: EXHIBIT 1 RENTON CODE COMPLIANCE CODECASE#24-000256 NARRATIVE DATE: 8/01/2024 Address: 10128 SE 188th St. Renton WA. 98057 Violator: Frank Snyder •RMC Violation: RMC 4-5-130; IPMC Section 302.7 Accessory Structures. All Accessory Structures, including detached garages, fences and walls, shall be maintained structurally sound and in good repair. •RMC Violation: RMC 4-5-130 IPMC 302.4 Weeds: Premises and exterior property shall be maintained free from weeds or plant growth in excess of twelve (12) inches on developed property or twenty four (24) inches on vacant land. Noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation other than trees or shrubs provided however this term shall not include cultivated flowers and gardens. •RMC Violation: RMC 4-4-085.D.2 General: Disabled or Unlicensed Vehicles and Boats: 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. April 18, 2024: The City of Renton received an inspection request for a 10128 SE 188th St, Renton, WA 98055. The details include “Parking or Abandoned Vehicle: Has been in same location for 7 years It is now junk and an eyesore Owner claimed 3 years ago he was going to fix up and use Windows fallen out tire’s rotting Yard and fence in great disrepair Enough Thank you.” Also included a picture of a white boat parked on grass next to a building. Exhibit 2 May 2, 2024: I went to the property to perform an inspection. The inspection revealed a disabled red and white boat, overgrown vegetation, and failing fence. Exhibit 3 May 3, 2024: Warning of Violation letter was sent to the property owner with a compliance due date of May 15, 2024. Exhibit 4 2 May 16, 2024: I went to the property to perform a follow up inspection. Found front yard grass has been cut, about half is left to cut. Boat is still present and failing fence is still present. Exhibit 5 May 17, 2024: Second Warning of Violation letter was sent to the property owner with a compliance due date of June 1, 2024. Exhibit 6 June 8, 2024: I received an email from Mr. Snyder replying to the first and second Warning of Violation letters. He states that his physical heath prevents him from addressing the violations in a timely manner. He requests additional time to deal with the issues. Exhibit 7 June 10, 2024: I received call from Mr. Snyder, he states that his health is prevents him from getting a lot of his housework done. He understands that he needs to get rid of the boat on the side of his house and hire someone to get his lawn under control. He asked for more time for compliance. I said that was not a problem and that we can do a check in on July 12, 2024. July 8, 2024: I received an email from Mr. Snyder stating that he has made little progress due to a number of issues. Exhibit 8. Called 206-612-7707 to discuss new timeline, left message for a return call. July 17, 2024: No return call received from Mr. Snyder. I went to the property to perform a follow up inspection. Found vegetation is still overgrown, boat is still on property, fence has not been repaired. Exhibit 9 July 18, 2024: Notice of Violation letter was sent to the property owner with a compliance due date of August 2, 2024. Exhibit 10 July 25, 2024: I received an email from Mr. Snyder stating that he has made some progress on the front yard lawn and weeds. Pictures attached to email show the boat is still on property and fence is still in disrepair. Exhibit 11 The city’s position is that more than ample time has been granted to make substantial gains in bringing the property into compliance, which has not happened. A decision (FOV#: CODE20-000411 Sept 22, 2021) has already been issued regarding these same violations. Compliance has not been achieved in the 3 years since the decision was issued. I certify under penalty of perjury under the laws of the state of Washington that the foregoing is true and correct. _____________________________ signed on _____________ in Renton, Washington Sheila Madsen Code Compliance Inspector 08/02/2024 CITY OF RENTON | DEVELOPMENT SERVICES DIVISION EXHIBITS WWW.RENTONWA.GOV |1055 SOUTH GRADY WAY, FLOOR SIX | RENTON, WASHINGTON 98057 | 425.430.7200 PROJECT NAME: CODE CASE NUMBER: VIOLATOR: STAFF CONTACT: VIOLATION LOCATION: EXHIBIT CITY OF RENTON | DEVELOPMENT SERVICES DIVISION EXHIBITS WWW.RENTONWA.GOV |1055 SOUTH GRADY WAY, FLOOR SIX | RENTON, WASHINGTON 98057 | 425.430.7200 PROJECT NAME: CODE CASE NUMBER: VIOLATOR: STAFF CONTACT: VIOLATION LOCATION: EXHIBIT CITY OF RENTON | DEVELOPMENT SERVICES DIVISION EXHIBITS WWW.RENTONWA.GOV |1055 SOUTH GRADY WAY, FLOOR SIX | RENTON, WASHINGTON 98057 | 425.430.7200 PROJECT NAME: CODE CASE NUMBER: VIOLATOR: STAFF CONTACT: VIOLATION LOCATION: EXHIBIT Warning of Violation Armondo Pavone Mayor Community & Economic Development Brianne Bannwarth, Interim Administrator Issued To: Frank Snyder 10128 SE 188th St Renton, WA 98055 Date: May 03, 2024 Code Case No: CODE24-000256 Owner (Tax-Payer): Frank Snyder Violation Address: 10128 SE 188th St Renton, WA 98055-6300 An inspection of the above premises revealed violation(s) of the City of Renton Municipal Code and Ordinances listed below. Compliance or corrective action must be completed by 5/15/2024. If voluntary compliance is not achieved, a Criminal Citation MAY be issued. The violation(s) listed below are deemed a Class 1 Civil Infraction pursuant to Chapter 7.80 RCW, and any such person shall be assessed a monetary penalty of up to two hundred fifty dollars ($250.00) per violation. Each day or portion of a day the violation(s) remain shall constitute a separate offense. VIOLATION 1: Accessory Structures Investigation Date 05/03/2024 Violation Note:Inspection on 05.02.2024 showed failing wooden fence surrounding property. Code Cited:RMC 4-5-130; IPMC Section 302.7 Exterior Property Areas; Accessory Structures Code Text:RMC 4-5-130; IPMC Section 302.7 Accessory Structures. All Accessory Structures, including detached garages, fences and walls, shall be maintained structurally sound and in good repair. Corrective Action:Repair portions of the wooden fence that are failing. VIOLATION 2: Weeds Investigation Date 05/03/2024 Violation Note:Inspection on 05.02.2024 showed overgrown weeds and vegetation on property. Code Cited:RMC 4-5-130 IPMC 302.4 Weeds Code Text:IPMC 302.4 Weeds: Premises and exterior property shall be maintained free from weeds or plant growth in excess of twelve (12) inches on developed property or twenty four (24) inches on vacant land. Noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation other than trees or shrubs provided however this term shall not include cultivated flowers and gardens. Corrective Action:Mow and maintain all vegetation to a maximum of twelve (12) inches in height on developed property. VIOLATION 3: Parking: Disabled or Unlicensed Vehicles & Boats Investigation Date 05/03/2024 Violation Note:Inspection on 05.02.2024 showed disabled white and red boat parked on West side of Page 1 of 2 VIOLATION 3: Parking: Disabled or Unlicensed Vehicles & Boats Investigation Date 05/03/2024 property. Code Cited:RMC 4-4-085.D.2 General: Disabled or Unlicensed Vehicles and Boats Code Text: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. Corrective Action:Remove and properly dispose of all unlicensed and/or inoperable vessels from the property or demonstrate all vessels are licensed and operable. Bring vessels into compliance with City code or store in a fully enclosed building. This includes, but is not limited to white and red boat parked on West side of property. Issued By:Sheila Madsen Code Compliance Inspector 425-430-7236 smadsen@rentonwa.gov Page 2 of 2 CITY OF RENTON | DEVELOPMENT SERVICES DIVISION EXHIBITS WWW.RENTONWA.GOV |1055 SOUTH GRADY WAY, FLOOR SIX | RENTON, WASHINGTON 98057 | 425.430.7200 PROJECT NAME: CODE CASE NUMBER: VIOLATOR: STAFF CONTACT: VIOLATION LOCATION: EXHIBIT CITY OF RENTON | DEVELOPMENT SERVICES DIVISION EXHIBITS WWW.RENTONWA.GOV |1055 SOUTH GRADY WAY, FLOOR SIX | RENTON, WASHINGTON 98057 | 425.430.7200 PROJECT NAME: CODE CASE NUMBER: VIOLATOR: STAFF CONTACT: VIOLATION LOCATION: EXHIBIT Warning of Violation Second Notice Armondo Pavone Mayor Community & Economic Development Brianne Bannwarth, Interim Administrator Issued To: Frank Snyder 10128 SE 188th St Renton, WA 98055 Date: May 17, 2024 Code Case No: CODE24-000256 Owner (Tax-Payer): Frank Snyder Violation Address: 10128 SE 188th St Renton, WA 98055-6300 An inspection of the above premises revealed violation(s) of the City of Renton Municipal Code and Ordinances listed below. Compliance or corrective action must be completed by 6/1/2024. If voluntary compliance is not achieved, a Criminal Citation MAY be issued. The violation(s) listed below are deemed a Class 1 Civil Infraction pursuant to Chapter 7.80 RCW, and any such person shall be assessed a monetary penalty of up to two hundred fifty dollars ($250.00) per violation. Each day or portion of a day the violation(s) remain shall constitute a separate offense. VIOLATION 1: Accessory Structures Investigation Date 05/17/2024 Violation Note:Inspection on 05.16.2024 showed failing wooden fence surrounding property. Code Cited:RMC 4-5-130; IPMC Section 302.7 Exterior Property Areas; Accessory Structures Code Text:RMC 4-5-130; IPMC Section 302.7 Accessory Structures. All Accessory Structures, including detached garages, fences and walls, shall be maintained structurally sound and in good repair. Corrective Action:Repair portions of the wooden fence that are failing. VIOLATION 2: Weeds Investigation Date 05/17/2024 Violation Note:Inspection on 05.16.2024 showed a majority of grass has been cut, grass and vegetation on East side of property is still overgrown. Code Cited:RMC 4-5-130 IPMC 302.4 Weeds Code Text:IPMC 302.4 Weeds: Premises and exterior property shall be maintained free from weeds or plant growth in excess of twelve (12) inches on developed property or twenty four (24) inches on vacant land. Noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation other than trees or shrubs provided however this term shall not include cultivated flowers and gardens. Corrective Action:Mow and maintain all vegetation to a maximum of twelve (12) inches in height on developed property. VIOLATION 3: Parking: Disabled or Unlicensed Vehicles & Boats Investigation Date 05/17/2024 Page 1 of 2 VIOLATION 3: Parking: Disabled or Unlicensed Vehicles & Boats Investigation Date 05/17/2024 Violation Note:Inspection on 05.16.2024 showed disabled white and red boat parked on West side of property. Code Cited:RMC 4-4-085.D.2 General: Disabled or Unlicensed Vehicles and Boats Code Text: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. Corrective Action:Remove and properly dispose of all unlicensed and/or inoperable vessels from the property or demonstrate all vessels are licensed and operable. Bring vessels into compliance with City code or store in a fully enclosed building. This includes, but is not limited to white and red boat parked on West side of property. Issued By:Sheila Madsen Code Compliance Inspector 425-430-7236 smadsen@rentonwa.gov Page 2 of 2 CITY OF RENTON | DEVELOPMENT SERVICES DIVISION EXHIBITS WWW.RENTONWA.GOV |1055 SOUTH GRADY WAY, FLOOR SIX | RENTON, WASHINGTON 98057 | 425.430.7200 PROJECT NAME: CODE CASE NUMBER: VIOLATOR: STAFF CONTACT: VIOLATION LOCATION: EXHIBIT CAUTION: This email originated from outside the City of Renton. Do not click links, reply or open attachments unless you know the content is safe. From:awk2perl@comcast.net To:Sheila Madsen Subject:Warning of Violation CODE24-000256 Date:Saturday, June 8, 2024 10:11:36 AM Attachments:2024-06-08 Yard-1.jpg 2024-06-08 Yard-2.jpg I just got around to retrieving my mail with the Warning of Violation and Warning of Violation second notice dated 5/3/24 and 5/17/24. I intend to and will promptly address these violations. I have attempted to work on the weeds and I have maintained one of my side yards and my front yard upon returning from a trip in May (pictures attached). I'm severely physically encumbered by a number of debilitating cardiac issues and Ménière’s Disease. I've been limited to mowing my grass in 10 to 15 minute sessions on good days in which weather has been cooperative as my electric battery mower can't handle moisture laden vegetation. I've attempted to make inroads on the tall vegetation in my side yard but between the weather and my lack of periods of well being to perform moderate physical activity. I'm requesting some additional time and relief from fines to deal with these issues. I will call your office on Monday, to clarify any concerns or questions you may have. Sincerely, Frank R. Snyder ------------- ,. ···_,,_. }fl• • ,.. • • • •"'' ... <' "' ·• · M�� !�·-;_"'.6.•; -�' ·,, ,, . . .,.._,..,/. •,,.t\�\ml1.i.l· r:· i�.�i • • -.. �• • e,'1 1 ��� � , , , Y�, �\'741'iJ..f� :l-::;'� � . . " . � . . ',, • "· ' � • " A' "' ••1�•..-:1 , . :a•• ,J• �.ll;ii'J. '/f:'l :f1 • �' 1J ,;;;• . ' . ' . :l;i•' . • • ' ' • ' ' ill� •' r • ,;fii�i . , � 1��\ t�{\��iiJt :it�,u� ·, •• i-�• .,.• �,,_-,. �'-) �'!: I :,fl.-. , , � . • , t� � , 1{-A .t • I f'!, �.� ·.-1., • ii . . CITY OF RENTON | DEVELOPMENT SERVICES DIVISION EXHIBITS WWW.RENTONWA.GOV |1055 SOUTH GRADY WAY, FLOOR SIX | RENTON, WASHINGTON 98057 | 425.430.7200 PROJECT NAME: CODE CASE NUMBER: VIOLATOR: STAFF CONTACT: VIOLATION LOCATION: EXHIBIT CAUTION: This email originated from outside the City of Renton. Do not click links, reply or open attachments unless you know the content is safe. From:awk2perl@comcast.net To:Sheila Madsen Subject:Re: Warning of Violation CODE24-000256 Date:Monday, July 8, 2024 10:48:01 AM Dear Ms. Madsen, I've made little progress on my objectives this past month due to a number of issues. 1. I've been unable to reach the individual that I've hired in the past to perform yard maintenance. I left text and voicemail messages that went unanswered. My last attempt to contact him on or about July 1, and I got a service message stating that this number was no longer in operation. 2. The weather had conspired in the last couple weeks in June with alternating wet and sunny periods causing inordinate growth spurts in the vegetation outdistancing my physical ability to keep up with them. Now that we have dry weather, my vegetation will become somewhat dormant and hopefully I'll be able to catch up when I have "good days" when I'm capable of performing some physical work. 3. In addition to my existing physical limitations, I've suffered a blood clot in my leg which kept me from walking for 3.5 days and a blood clot in my brain which continues to periodically aggravate my existing equilibrium problems. The weather is currently too hot and, and I've contracted shingles and I need to stay out of the sun and suppress situations that induce stress during my treatment (antibiotics) and recovery period (typically 3 - 5 weeks). I hope I can rely upon your compassion and understanding and I will make continued efforts to get my yard in order. Disposing of my boat and replacing my fence is somewhat contingent on getting my yard in order. Sincerely, Frank R. Snyder From: awk2perl@comcast.net <awk2perl@comcast.net> Sent: Saturday, June 8, 2024 10:11 AM To: smadsen@rentonwa.gov <smadsen@rentonwa.gov> Subject: Warning of Violation CODE24-000256 I just got around to retrieving my mail with the Warning of Violation and Warning of Violation second notice dated 5/3/24 and 5/17/24. I intend to and will promptly address these violations. I have attempted to work on the weeds and I have maintained one of my side yards and my front yard upon returning from a trip in May (pictures attached). I'm severely physically encumbered by a number of debilitating cardiac issues and Ménière’s Disease. I've been limited to mowing my grass in 10 to 15 minute sessions on good days in which weather has been cooperative as my electric battery mower can't handle moisture laden vegetation. I've attempted to make inroads on the tall vegetation in my side yard but between the weather and my lack of periods of well being to perform moderate physical activity. I'm requesting some additional time and relief from fines to deal with these issues. I will call your office on Monday, to clarify any concerns or questions you may have. Sincerely, Frank R. Snyder CITY OF RENTON | DEVELOPMENT SERVICES DIVISION EXHIBITS WWW.RENTONWA.GOV |1055 SOUTH GRADY WAY, FLOOR SIX | RENTON, WASHINGTON 98057 | 425.430.7200 PROJECT NAME: CODE CASE NUMBER: VIOLATOR: STAFF CONTACT: VIOLATION LOCATION: EXHIBIT CITY OF RENTON | DEVELOPMENT SERVICES DIVISION EXHIBITS WWW.RENTONWA.GOV |1055 SOUTH GRADY WAY, FLOOR SIX | RENTON, WASHINGTON 98057 | 425.430.7200 PROJECT NAME: CODE CASE NUMBER: VIOLATOR: STAFF CONTACT: VIOLATION LOCATION: EXHIBIT Notice of Violation and Order to Correct Armondo Pavone Mayor Community & Economic Development Gina Estep, Administrator Issued To: Frank Snyder 10128 SE 188th St Renton, WA 98055 Date: 7/18/2024 Code Case No: CODE24-000256 Owner (Tax-Payer): Frank Snyder Violation Address: 10128 SE 188th St Renton, WA 98055-6300 An inspection of the above premises on 05/02/2024, 05/16/2024, and 07/17/2024 by a Code Compliance Inspector revealed violation(s) of the City of Renton Municipal Code and Ordinances listed below. Compliance or corrective action must be completed by 8/2/2024. The violation(s) listed below are deemed a Class 1 Civil Infraction pursuant to Chapter 7.80 RCW, and any such person shall be assessed a monetary penalty of up to two hundred fifty dollars ($250.00) per violation. Each day or portion of a day the violation(s) remain shall constitute a separate offense. If voluntary compliance is not achieved, a Criminal Citation MAY be issued [RMC1-10-3.E]. The penalty for a criminal Citation, upon a finding of guilt shall have a mandatory minimum sentence of five (5) days in jail without the option of electronic home detention, and the minimum penalty for the first violation shall be five hundred dollars ($500), the second criminal violation shall have a mandatory minimum sentence of fifteen (15) days in jail without the option of electronic home detention, and the minimum penalty for the second violation shall be six hundred twenty five dollars ($625), the third criminal violation for any individual shall have a mandatory minimum sentence of thirty (30) days in jail without the option of electronic home detention, and the minimum penalty for the third violation shall be seven hundred fifty dollars ($750) [RMC1-10-7.A.2]. VIOLATION 1: Accessory Structures Latest Investigation DateReported Date Issued Date 5/3/24 5/3/24 7/17/24 Inspection on 07.17.2024 showed failing wooden fence surrounding property.Violation Note: Code Cited:RMC 4-5-130; IPMC Section 302.7 Exterior Property Areas; Accessory Structures RMC 4-5-130; IPMC Section 302.7 Accessory Structures. All Accessory Structures, including detached garages, fences and walls, shall be maintained structurally sound and in good repair. Code Text: Corrective Action:Repair portions of the wooden fence that are failing. Fees:AmountDescription $100.00 CODE - First Violation Fee Violation 1 Subtotal:$100.00 Page 1 of 4 VIOLATION 2: Weeds Latest Investigation DateReported Date Issued Date 5/3/24 5/3/24 7/17/24 Inspection on 07.17.2024 showed grass and vegetation on property is overgrown.Violation Note: Code Cited:RMC 4-5-130 IPMC 302.4 Weeds IPMC 302.4 Weeds: Premises and exterior property shall be maintained free from weeds or plant growth in excess of twelve (12) inches on developed property or twenty four (24) inches on vacant land. Noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation other than trees or shrubs provided however this term shall not include cultivated flowers and gardens. Code Text: Corrective Action:Mow and maintain all vegetation to a maximum of twelve (12) inches in height on developed property. Fees:AmountDescription $100.00 CODE - First Violation Fee Violation 2 Subtotal:$100.00 VIOLATION 3: Parking: Disabled or Unlicensed Vehicles & Boats Latest Investigation DateReported Date Issued Date 5/3/24 5/3/24 7/17/24 Inspection on 07.17.2024 showed disabled white and red boat parked on West side of property. Violation Note: Code Cited:RMC 4-4-085.D.2 General: Disabled or Unlicensed Vehicles and Boats 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. Code Text: Corrective Action:Remove and properly dispose of all unlicensed and/or inoperable vessels from the property or demonstrate all vessels are licensed and operable. Bring vessels into compliance with City code or store in a fully enclosed building. This includes, but is not limited to white and red boat parked on West side of property. Fees:AmountDescription $100.00 CODE - First Violation Fee Violation 3 Subtotal:$100.00 Total Amount Due:$300.00 Payment of $300.00 must be made within fifteen (15) days of the date of this Notice of Violation. All city codes listed on this Notice of Violation must be brought into compliance within fifteen (15) days of the date of this Notice of Violation. Invoice to follow. Page 2 of 4 Issued By:Sheila Madsen Code Compliance Inspector 425-430-7236 smadsen@rentonwa.gov I certify under penalty of perjury under the laws of the State of Washington that I have issued this Notice 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:Date: Page 3 of 4 07/18/2024 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: I deny creating, permitting to exist, maintaining or failing to eliminate the violation(s) and I am requesting a hearing to contest this Notice of Violation. Appeal requests must be received by the Renton City Clerk’s office within 15 days of the date of this Notice 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 Notice 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. 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 Notice of Violation with increasing penalties, and or criminally prosecuted. NSF checks will be treated as failure to respond. Complete information below: (PLEASE PRINT) Date: 7/18/2024 Code Case No: CODE24-000256 Violation Address: Appeals should be mailed to: City of Renton Attention: City Clerk 1055 S Grady Way Renton, WA 98057 Name: ______________________________________________________________ Street or P.O. Box: ___________________________________________________ City: ______________________________ State: __________ Zip: ____________ Telephone: Home: ____________________ Work: _________________________ Email: ______________________________________________________________ Signature of Violator: _______________________________ Date: ____________ Total Amount Due: $300.00 10128 SE 188th St Payment should be made to:City of Renton Attention: 1st Floor Finance 1055 S Grady Way Renton, WA 98057 Page 4 of 4 CITY OF RENTON | DEVELOPMENT SERVICES DIVISION EXHIBITS WWW.RENTONWA.GOV |1055 SOUTH GRADY WAY, FLOOR SIX | RENTON, WASHINGTON 98057 | 425.430.7200 PROJECT NAME: CODE CASE NUMBER: VIOLATOR: STAFF CONTACT: VIOLATION LOCATION: EXHIBIT 1 Sheila Madsen From:awk2perl@comcast.net Sent:Thursday, July 25, 2024 3:44 PM To:Sheila Madsen Cc:awk2perl@comcast.net Subject:Re: Warning of Violation CODE24-000256 Dear Ms. Madsen, Still having atrial fibrillation stamina problems complicated by shingles which gets aggravated if I'm out in the sun. I recently purchased a light weight weed eater with blades that are effective on my overgrown weeds. With the heat and sun abating somewhat these past few days, I've been making some but steady progress on my yard. Front yard lawn and weeds against the house taken care of. 07-22-24 07/25/24 CAUTION: This email originated from outside the City of Renton. Do not click links, reply or open attachments unless you know the content is safe. 2 West side yard lawn and most weeds taken care of. 07/25/24 East side yard making slow but steady progress. 3 07/25/24 4 5 From: awk2perl@comcast.net <awk2perl@comcast.net> Sent: Monday, July 8, 2024 10:47 AM To: smadsen@rentonwa.gov <smadsen@rentonwa.gov> Subject: Re: Warning of Violation CODE24-000256 Dear Ms. Madsen, I've made little progress on my objectives this past month due to a number of issues. 1.I've been unable to reach the individual that I've hired in the past to perform yard maintenance. I left text and voicemail messages that went unanswered. My last attempt to contact him on or about July 1, and I got a service message stating that this number was no longer in operation. 2.The weather had conspired in the last couple weeks in June with alternating wet and sunny periods causing inordinate growth spurts in the vegetation outdistancing my physical ability to keep up with them. Now that we have dry weather, my vegetation will become somewhat dormant and hopefully I'll be able to catch up when I have "good days" when I'm capable of performing some physical work. 3.In addition to my existing physical limitations, I've suffered a blood clot in my leg which kept me from walking for 3.5 days and a blood clot in my brain which continues to periodically aggravate my existing equilibrium problems. The weather is currently too hot and, and I've contracted shingles and I need to stay out of the sun and suppress situations that induce stress during my treatment (antibiotics) and recovery period (typically 3 - 5 weeks). I hope I can rely upon your compassion and understanding and I will make continued efforts to get my yard in order. Disposing of my boat and replacing my fence is somewhat contingent on getting my yard in order. Sincerely, Frank R. Snyder From: awk2perl@comcast.net <awk2perl@comcast.net> Sent: Saturday, June 8, 2024 10:11 AM To: smadsen@rentonwa.gov <smadsen@rentonwa.gov> Subject: Warning of Violation CODE24-000256 I just got around to retrieving my mail with the Warning of Violation and Warning of Violation second notice dated 5/3/24 and 5/17/24. I intend to and will promptly address these violations. I have attempted to work on the weeds and I have maintained one of my side yards and my front yard upon returning from a trip in May (pictures attached). I'm severely physically encumbered by a number of debilitating cardiac issues and Ménière’s Disease. I've been limited to mowing my grass in 10 to 15 minute sessions on good days in which weather has been cooperative as my electric battery mower can't handle moisture laden vegetation. 6 I've attempted to make inroads on the tall vegetation in my side yard but between the weather and my lack of periods of well being to perform moderate physical activity. I'm requesting some additional time and relief from fines to deal with these issues. I will call your office on Monday, to clarify any concerns or questions you may have. Sincerely, Frank R. Snyder CITY OF RENTON | DEVELOPMENT SERVICES DIVISION EXHIBITS WWW.RENTONWA.GOV |1055 SOUTH GRADY WAY, FLOOR SIX | RENTON, WASHINGTON 98057 | 425.430.7200 PROJECT NAME: CODE CASE NUMBER: VIOLATOR: STAFF CONTACT: VIOLATION LOCATION: EXHIBIT Code Enforcement Decision - 1 BEFORE THE HEARING EXAMINER OF RENTON DECISION FILE NUMBER: FOV#: CODE20-000411 VIOLATION SITE ADDRESS: 10128 SE 188th St Renton, WA 98055 PROPERTY OWNER: Frank Snyder 10128 SE 188th Renton, WA 98055-6300 REVIEW AUTHORITY: City of Renton TYPE OF CASE: Appeal of Finding of Violation. RULING: All three violations of the Finding of Violation are sustained for a total fine up to $750. City staff are directed to attempt to work out a compliance and payment plan with Mr. Snyder based upon his ability to pay, due to the Examiner by October 15, 2021. If the parties are unable to work out a plan, they will be given an opportunity to present their own written arguments on how the fines should be assessed. SUMMARY Frank Snyder appeals a Finding of Violation (FOV) issued on July 29, 2021 asserting three code violations and imposing $250 in fines for each violation. Violation No. 1 is for overgrown weeds, Violation No. 2 is for storing an unlicensed boat and Violation No. 3 is for failing to maintain a structurally sound fence. All three violations are sustained. Mr. Snyder spent a considerable amount of the hearing identifying that other properties have similar violations that are not being pursued by the City. Prior to engaging on this topic Mr. Snyder was advised that the Examiner had already addressed the issue in his May 1, 2018 and July 21, 2020 decisions but Mr. Snyder wished to address it anyway. Mr. Snyder’s photographs of other alleged violations were admitted into the record because the City did not object to them. However, other code violations are still not relevant to this case for the reasons identified in the 2018 and 2020 decisions. Mr. Snyder presented no evidence that the City is singling him out because of his disabilities or any other illegitimate basis. There is nothing in the record to suggest that the City is motivated by anything more than responding to complaints from Mr. Snyder’s neighbors. For those reasons, Mr. Snyder’s unequal enforcement claim will not be re-visited in this Code Enforcement Decision - 2 decision. Despite a series of warnings and at least three Findings of Violations dating back to 2016, Mr. Snyder has not kept blackberry bushes from overrunning his yards. The Examiner’s 2020 decision also warned that his dilapidated fence was likely in violation of code, but by the violation date of the FOV under appeal he had still not taken measures to abate it. Given this background and the fact that this is the third Finding of Violation issued against Mr. Snyder, Mr. Snyder merits the full imposition of the $750 in fines assessed by the City. Although the maximum fines are merited for this case, a recent court limits those fines to Mr. Snyder’s ability to pay. See City of Seattle v. Long, 98824-2 (Wash. Aug. 12, 2021). In his prior hearings Mr. Snyder advised that he is on a limited income so the Long case may require a reasonable payment plan or similar limitation on the amount of fines imposed. Since delving into Mr. Snyder’s income and financial obligations is a private matter, the record will be left open until October 15, 2021 for the City and Mr. Snyder to work out a payment/compliance plan that is consistent with the Long case. Consideration should also be given to accommodating Mr. Snyder’s disabilities under the American with Disabilities Act. If agreement cannot be reached, the parties will have until October 22, 2021 to provide their individual recommendations along with written justification. HEARING A hearing was held on Mr. Snyder’s FOV appeal on September 14, 2021 and September 21, 2021 virtually using the Zoom app. 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. The transcript only covers the first day of hearing. The second day of hearing was focused upon Mr. Snyder’s presentation of code violations on other properties, which is not relevant to this proceeding. Mr. Snyder acknowledged that his boat is not licensed in the second day of hearing and he went over his efforts to comply after the violation date, but beyond that no other evidence presented that day was relevant to resolution of his appeal. EXHIBITS Exhibits 1-4 identified in the City’s exhibit list were entered into the record during the hearing. In addition, 22 photographs submitted by Mr. Snyder were admitted as Ex. 5. FINDINGS OF FACT 1. Violation Site. The violation site is located at 10128 SE 188th St. The site in question is owned by Frank Snyder, who resides at the site. 2. February 14, 2020 Finding of Violation. The February 14, 2020 FOV alleges three code violations that were found by staff on Mr. Snyder’s property: (1) overgrown vegetation; (2) storage Code Enforcement Decision - 3 of unlicensed vehicle, and (3) failure to structurally maintain fence. Mr. Snyder filed an appeal of this Finding of Violation on August 10, 2021. 3. Overgrown Vegetation. The FOV asserts the existence of blackberry vines over 12” in height on the violation site. Photographs taken on July 26, 2021, Ex 5, confirm this observation and Mr. Snyder doesn’t contest this fact. It is determined that there were blackberry vines over 12” in height at the violation site on July 26, 2021. 4. Fence. July 26, 2021 Ex. 3 photographs show Mr. Snyder’s fencing with a section missing and individual planks in the process of falling off or being pushed off the fence frame. 5. Boat. The boat depicted in the Ex. 3 photographs according to the staff’s narrative, Ex. 1, hasn’t been moved since 2016. In the 2020 Examiner decision on Mr. Snyder’s violations Mr. Snyder acknowledged at that time his boat had not been moved since 1996. Mr. Snyder acknowledged during the hearing the boat is unlicensed. From this information it is determined that his boat is unlicensed. 6. Mitigating Circumstances. Mr. Snyder suffers from congestive heart failure and other medical problems that limit his ability to maintain his premises. He also states he doesn’t have the resources to pay for yard maintenance and needs to do it himself. However, it must also be recognized that Mr. Snyder was cited and found to have violated the same blackberry violations in prior Examiner decision dated January 2, 2018 and July 21, 2020. The 2020 decision also identified that Mr. Snyder’s fence was not found in violation only because the City had cited the wrong code provision. The decision warned that Mr. Snyder should abate the fence or face another potential Finding of Violation. Mr. Snyder states he didn’t get the July, 2020 decision until January, 2021, but that doesn’t excuse failing to act by the time of the FOV under appeal. It is recognized that Mr. Snyder has taken some action to remove blackberry bushes from his property. However, Mr. Snyder testified that he only removed the bushes to facilitate the maintenance of his house and not to comply with City regulations. CONCLUSIONS OF LAW 1. Authority of Examiner: The Hearing Examiner has the authority and jurisdiction to review code violations as provided in RMC 1-3-2. 2. Code Violation: The code violations identified in Finding of Fact No. 2 are quoted below and applied to this appeal via corresponding conclusions of law. Violation No. 1: International Property Maintenance Code Section 302.4 as amended by RMC 4-5- 130(B)(16): Weeds: All premises and exterior property shall be maintained free from weeds or plant growth in excess of twelve inches in height on development property or twenty- four inches (24") in height on vacant land. All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs; provided, however, this term shall not include cultivated flowers and gardens. 3. Violation Found. As determined in Finding of Fact No. 3, the violation site contained blackberry and other weeds exceeding 12 inches in height on July 26, 2021. It is concluded that as owner of the violation site, Mr. Snyder was in violation of RMC 4-5-130(B)(16) on July 26, 2021. Code Enforcement Decision - 4 Violation No. 2: 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 stor ed 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. 4.Violation Found. Mr. Snyder’s property is zoned R-4, which is a residential zone. As determined in Finding of Fact No. 5, Mr. Snyder has been storing an unlicensed boat on July 26, 2021. Consequently, Mr. Snyder was in violation of RMC 4-4-085(D)(2) on July 26, 2021. Violation No. 3: International Property Maintenance Code Section 302.7 as adopted by RMC 4-5-130: All accessory structures, including detached garages, fences and walls, shall be maintained structurally sound and in good repair. 5.Violation Found. As determined in Finding of Fact No. 4, on July 26, 2021 the fence on Mr. Snyder’s property included planks that were falling of the frame and at least one section was missing. For this reason, Mr. Snyder is found to have violated IPMC 302.7 in failing to maintain the good repair or structural integrity of his fence on July 26, 2021. 6.Mitigating Circumstances. RMC 1-3-2E(3)(f) grants the examiner discretion on the amount of fines imposed by a Finding of Violation. As determined in Finding of Fact No. 7, Mr. Snyder suffers from a disability that limits his ability to abate the violations on his property. Substantial leniency has been afforded Mr. Snyder in the resolution of his past two FOV appeals to accommodate his disability. However, as outlined in the Examiner’s 2020 decision, Mr. Snyder cannot use his disability to completely abrogate his responsibilities as a homeowner in his neighborhood. Mr. Snyder has the ability/means to maintain his yards, given his testimony that he has removed some blackberry bushes but only for his own purposes and not to comply with City regulations. Mr. Snyder’s neighbors likely work very hard to afford to live in their neighborhood. Mr. Snyder’s intentional violation of City regulations undermines the investment and quality of life his neighbors reasonably expect from their efforts. For the reasons identified in the Summary section of this Decision, City staff are asked to work out a payment and/or compliance plan with Mr. Snyder that accommodates his disability and ability to pay. Beyond the legal requirements of those accommodations, Mr. Snyder merits the maximum penalties authorized by the RMC. DECISION All violations in the July 29, 2021 FOV are sustained. The City and Mr. Snyder shall work out a payment plan as outlined in the Summary section of this Decision. Decision issued September 22, 2021. Code Enforcement Decision - 5 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.