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HomeMy WebLinkAbout11-07-2024 - City's email denying appeal - Eric Petzold Cynthia Moya From:Eric Petzold Sent:Thursday, November 7, 2024 12:20 PM To:Cynthia Moya Subject:Appeal for Code Case 24-000261 Attachments:05-07-24_24-261_Letter_NOV1.pdf; 06-12-24_24-261_Letter_NOV2.pdf; 08-13-24_ 24-261_Letter_NOV3.pdf; 09-04-24_24-261_Letter_NOV4.pdf CODE 24-000261 (Mt. Olivet Cemetery – James Colt) Notice of Appeal dated October 29, 2024 I write in response to the referenced Notice of Appeal. The City requests the Hearing Examiner deny the appeal, as Mr. Colt has missed the appeal deadline by (at least) more than one full month. RMC 1-10-5 governs hearing procedures for Code Enforcement actions. RMC 1-10-5.A.3 notes that the Civil Enforcement Action is a final determination “unless a Violator timely requests a hearing under the process described in this chapter.” (emphasis added). Under the hearing requirements, Mr. Colt was required to request a hearing “within fifteen (15) days of the issuance of the Notice of Violation and/or Order to Correct. Any request for a hearing that is not timely filed with the City in accordance with this section shall be denied.” (RMC 1-10-5.B.1, emphasis added) The Renton Municipal Code requires that failure to timely appeal results in the determination that the Violation is deemed final (RMC 1-10-5.A.3 and RMC 1-10-5.B.5) I have attached all Notices of Violation and Orders to Correct related to cutting trees without a permit on private property sent to Mr. Colt. You will note that notices were issued on May 7, 2024, June 12, 2024, August 13, 2024, and finally on September 4, 2024. Mr. Colt’s appeal of the May 7, 2024 Notice was stamped “Received” by the City on October 29, 2024. Even calculating from the final date of issuance, an appeal would have been due on September 19, 2024. Based on the record, it is the City’s opinion that the appeal should be denied. If Mr. Colt’s appeal is deemed timely, the City notes for the record that he also did not provide notice regarding who should be contacted for response and so I will presume that Mr. Colt is the proper contact for any follow up despite the fact that the envelope containing the appeal has a law firm’s letterhead. ERIC PETZOLD, Code Compliance Inspector City of Renton // Development Services Virtual Permit Center // Online Applications and Inspections o?ice 425-430-7277 NOTICE OF PUBLIC DISCLOSURE: This message complies with Washington State’s Public Records Act – RCW 42.56 1