HomeMy WebLinkAbout10-08-2024 HEX Email & Carners email
Cynthia Moya
From:Phil Olbrechts <olbrechtslaw@gmail.com>
Sent:Tuesday, October 8, 2024 9:52 PM
To:Kelly Carner
Cc:Sheila Madsen; Donna Locher; Cynthia Moya
Subject:Re: Renton/Carner Code Enforcement -- CODECASE# 23-000293 -- Additional
Opportunity for Comment
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.
Mr. Carner,
In response to your email today your reply was extended to October 2, not the initial post hearing presentation of your
parking defense. As outlined in the emails setting the post-hearing briefing schedule, your initial presentation was due
september 20, the City's response September 27 and your reply to the City's response was due October 2. When I
originally set up that briefing schedule I erroneously had your reply due before the City's response, which of course
wasn't possible for the City. The October 2 extension simply logically made your reply due after the City's
response. Lawyers would have understood what was going on since the presention/response/reply format is fairly
standard, but of course people who don't work with that kind of format 40 hours a week would not catch on. I
anticipated your very understandable misunderstanding and that's why I've accepted your 9/28 submission despite
being technically late and have further extended the response and reply deadlines. My primary goal here is to make a
fully informed decision on your defenses to the parking violation. The code gives you a couple potential outs that may
apply to your case and you of course should take full advantage of them if they apply.
On Tue, Oct 8, 2024 at 7:13 PM Kelly Carner <kelvisss@gmail.com> wrote:
I’m pretty sure you know it was extended to October 2nd when you sent the email stating that it was unless I’m
confused on what the October 2nd deadline was, since the wording said correction that would indicate you extended it
at that point, otherwise the response would have been sent earlier. Thank none the less for your email.
On Tue, Oct 8, 2024 at 3:48 PM Phil Olbrechts <olbrechtslaw@gmail.com> wrote:
Mr. Carner,
I've been checking in with the City Clerk on the status of the briefing on the RMC 4-4-085D4 exceptions pertaining
to your case. It doesn't appear that the deadlines set out in the email below have been followed. Your argument on
those defenses was due September 20, 2024. As far as I can ascertain from the City Clerk, your argument on that issue
(attached) didn't come in until September 28, 2024. It appears you might have confused the October 2, 2024 reply
deadline with the September 20, 2024 deadline for your initial argument/evidence. Whatever the reason I don't see
any significant prejudice to the City in accepting your late filing. You have been diligently advocating your case and I
don't think you'd intentionally miss a deadline. The City of course could not submit a response to your submission by
its September 27, 2024 deadline since your submission didn't come in until September 28, 2024. For these reasons I'll
extend the City response deadline to the attached document to October 15, 2025. You can then file a reply to the City
response by October 18, 2024.
Of course, if I have misconstrued the attachment as your RMC 4-4-085D4 exceptions response please
advise. Also, if you have any questions please feel free to ask.
On Wed, Sep 11, 2024 at 2:04 PM Phil Olbrechts <olbrechtslaw@gmail.com> wrote:
Correction to reply deadline in email below -- Mr. Carner's reply would be due October 2, 2024.
1
On Wed, Sep 11, 2024 at 2:00 PM Phil Olbrechts <olbrechtslaw@gmail.com> wrote:
Mr. Carner,
This email provides Mr. Carner an additional opportunity for comment on the four vehicle limit rule, RMC 4-4-
085D4. Additional opportunity is provided because Mr. Carner was not aware he had the burden of proof
to establish conformance to the exceptions to that rule.
In reviewing hearing testimony and post-hearing documents Mr. Carner is shown to express the understanding that
the City has the burden of proof in establishing exceptions to the four vehicle parking limit imposed by RMC 4-4-
085D4. Case law provides that the defendant has the burden of proof in proving affirmative defenses and
that statutory exceptions qualify as affirmative defenses when they don't negate an element of the alleged
violation. See Kastanis v. Educ. Employees Credit Union, 122 Wn. 2d 483, 493 (Wash. 1993).
RMC 4-4-085D4 provides two exceptions that are pertinent to Mr. Carner's defense. RMC 4-4-085D4a
authorizes more than four vehicles when there are more than four registered owners living on the property
with their vehicles parked on the property. RMC 4-4-085D4c authorizes more vehicles to the extent that
property has "more off-street parking stalls for the subject property based on the presence of lawfully established
structures and uses." It should be noted that for this latter "grandfather" exception, case law is also clear
that persons who wish to allege grandfather rights have the burden of proving them. Van Sant v. City of Everett,
69 Wn. App. 641, 648 (1993).
If Mr. Carner would like to present evidence on the two exceptions authorized by 4-4-085D4, please submit
any such documentation to the parties to this email by 5 pm, September 20, 2024. The City may provide a
response by 5 pm September 27, 2024 and Mr. Carner may submit a reply by 5 pm September 25,
2024. If Mr. Carner wishes an opportunity for additional oral argument please make your request by email
to me cc'd to the other parties.
To establish any grandfathered rights Mr. Carner will need to know when RMC 4-4-085D4 was adopted and
amended by the City. The City's on-line code cites the ordinances adopting each section at the end of
each section. Those ordinances are also available on-line and provide the necessary information as to
dates of adoption. Mr. Carner should be able to get this information on his own. However, City staff
probably can get this information more quickly since they were involved in the adoption process. It is
requested that City staff provide Mr. Carner with copies of the ordinances that establish when RMC 4-4-
085D4 was adopted.
2