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Home My WebLink AboutCurwoodFile Denis Law Mayor City Clerk-Jason A.Seth,CMC May 4, 2018 Mr. Robert Curwood 17240 116th Avenue SE Renton, WA 98058 Re: Request for Code Compliance Violation Hearing Code Case No: CODE-18-000149 Dear Mr. Curwood: I have attached your full Code Compliance file for your hearing scheduled for Tuesday, May 22, 2018, on the 1:00 p.m. docket. The hearing will take place in the Council Chambers on the seventh floor of Renton City Hall. The address is 1055 S Grady Way in Renton. Please note that more than one hearing will be held starting promptly at 1:00 p.m. If your case is called and you are not present, your appeal may be automatically denied. If for some reason you do not plan to attend, or you have any questions, please call Jason Seth, City Clerk in advance of the hearing date at 425-430-6502. Sincerely, Jason A. Seth City Clerk cc: Hearing Examiner 1055 South Grady Way, Renton,WA 98057 • (425)430-6510/Fax (425)430-6516 • rentonwa.gov k k c\C f o, CITY OF RENTON , i DEPARTMENT OF COMMUNITY AND "' ECONOMIC DEVELOPMENT ,M ` REPORT TO THE HEARING EXAMINER, EXHIBITS Project Name: Project Number: Robert Curwood CODE18-000149 !` Date of Hearing Staff Contact May 22,2018 Donna Locher 17240 116th Ave SE,98058 1 The following exhibits were entered into the record: Exhibit 1: Renton Code Compliance Narrative Exhibit 2: Request to Inspect Exhibit 3: March 16, 2018,Photos Exhibit 4: Administrative Policy/Code Interpretation CI-129 Exhibit 5: March 19, 2018,Warning of Violation, USPS Mailing Information 3' Exhibit 6: April 23, 2018, Photos Exhibit 7: April 24, 2018, Finding of Violation I, USPS Mailing Information, Billing Invoice Exhibit 8: April 27, 2018,Appeal paperwork received from Mr. Curwood Exhibit 9: April 27&28, 2018, Email to Mayor Law and responses from city staff Exhibit 10: Hearing Examiner Decision for case CODE17-000253 I, G } i , CITY OF ;f., � ,...,......,,,,"NssvillIlli.lgg...illhk zR: fr RENTON CODE COMPLIANCE CODE18-000149 R, NARRATIVE May 4, 2018 Address: 17240 116th Avenue SE Renton WA 98058 Violator: Robert Curwood 17240 116th Avenue SE Renton WA 98058 RMC Violation: 4-5-130 International Property Maintenance Code Adopted 308.2-308.6 Outdoor Storage December 27, 2017: Code compliance received a written request to check this property for illegal outdoor storage. (Exhibit#2) March 16, 2018: An inspection of the property confirmed the outdoor storage violation as there were many items stored in the front and side yards. (Exhibit #3 Photos) ADMINISTRATIVE POLICY/CODE INTERPRETATION #CI-129: (Exhibit#4) RMC 4-5-130 International Property Maintenance Code Residential Outdoor Storage 308.2 This code interpretation was made to include all residential zones and limit the amount of outdoor storage and prohibit outdoor storage in: Front yards Side yards Slopes greater than 15% Designated open spaces or restricted areas Critical areas, including wetland, streams and associated buffer areas 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. 1 EXHIBIT March 19, 2018:A Warning of Violation was sent to Mr. Curwood. The compliance date to bring the outdoor storage into compliance with city code was April 3, 2018. (Exhibit #5) The Warning was sent USPS Certified Mail #7016 1370 0002 0771 0200 and Mr. Curwood signed the certified receipt on March 21, 2018, and the city received the receipt on March 27, 2018. (Exhibit#5) f; April 23, 2018: A site re-inspection noted the outdoor storage remains in violation of is city code. (Exhibit#6 Photos) April 24, 2018: A civil Finding of Violation was issued to Mr. Curwood in the amount of $100.00. The Finding of Violation was sent USPS Certified Mail #7016 1370 0002 0771 2105 (Exhibit#7) April 27, 2018: An appeal of the Finding of Violation was received in the City Clerk's office at 4:20 pm. (Exhibit#8) April 27&28, 2018: Email to Mayor Law and responses from city staff. (Exhibit#9) Mr. Curwood won his appeal of case#CODE17-000253 as his property is in an R-6 zone and that zone was not specified in the RMC. (Exhibit#10) ADMINISTRATIVE POLICY/CODE INTERPRETATION#CI-129—The RMC now includes all residential zones, R-6 included. I certify under penalty of perjury under the laws of the state of Washington that the foregoing is true and correct. 1 signed on 05)01{1 in Renton, Washington fi is 2 , ss RECEIVED 1' ' .172017 12/22/17 CITY OF RENTON CODE COMPLIANCE , Renton Fire Department E Fire Station#13 18002 108th Ave SE , ; Renton,WA 98055 Y� CJ Y �� f RE: 17240 SE 116th St., Renton,WA To Whom It May Concern, The above residence has become a fire hazard due to the extensive junk that is outside of the home. The garage was converted into apartment(s)and junk is blocking the two doors, as well as, the front l entrance to the house. There is junk piled all along the front of the home, both sides of the home and the entire backyard. Each morning between 4:00 a.m.—4:30 a.m.two pickup trucks(the owners both reside at the residence) i` unload the bed of their trucks and add to the pile, various items such as household appliances P (refrigerators with unsecured doors),exercise equipment, furniture, mattresses vacuums, lawnmowers, is bicycles, clothes,windows, glass table tops, tents, etc. The situation has gotten even worse over the past months. The fireplace is also used daily. The house is commonly referred to as the town dump. Please address these fire hazards. ,: ; Thank you. SO'1 t � � . q c, a s x 23 M w V ridlit I' RECEIVED c ' Iti1 P I olepAD eke ( DEC72017 . ert on Fire .pa � it-kr l ike CITY OF RENTONF,re 5t' .._ Ave E CODE COMPLIANCE 12,002�' :NisiA •. •55 Re 1�1At s�1` 1'11"1�`1111`1l111111't` 1 1j11�11t'ti1t11 ,Olt i I rC Ii` EXHIBIT a ra ;' ' 4`1144.4k!‘,.1 i" °' f, T}} yam y�Cpm: ,� 4,-,,•11.; v yy�I PygP ti..[ � f i l �n t' ,41 , acx '� .`...4:4('';',4,11.Z.,:'' r it4,kt , a zs� �. � + , >ys ? 1s „ ' t* ;i .4k k. .4. . ?• : -o- a.* . 3 i •-em ,1 r ,f- jC a 9 + . ..:.:7,4 t- ' + iJeC + y � � ' ++w , ext � N. 4. /t�. �s �� r� � 3r� ,r, .' + }f � , -..:::7_,..i, , '� N {F4R� er .iri +, ::,*'1;;'44,....',"44;1'.1-,.1111f-,1:11:li::::..11'1.- ,, 4. itt 1,0„ y ( 4`r r � l �Apxn n:y t�a �8r e s3y !{ ,,,,.4,4.,,,,.s;,,,,�M4�N � yaa �� ,s^.. , .. - '` „:.;::. tr:.z d t 1 - • gg ur iJnr t,t,,.,..,„......,..1,,,,.r.4,....-4&-zi•-•.;••.,,,,,..-,:,-,'.,,'- '''i:-.;f- '1.,,*-.3 r, '''--."--,fil.";',,,"4.-",'")‘'`-„,,...,,t,,,,-7,4•,,,'"*.‘e.,,,:,A4 oti. . . ,%.,;4',,,,.',.,';,,,,,,,',/,,,,.;14..,,,,,,A,,,..,,,,,,:', .,:•,, ., P„xt.? pL..may a,,. , � r. t } A le �y Y-t Vit' 'y ,yroi�N tr r9Yia” f �"�'` �f ro4a jq.*p. 4` ,y ;',":„.;!oil” ry,�Qs L 5 � .�rj',�s .k i'r Y �'-•'L f,ttSX A a •�• - r, • �["Y` -.74,4...):.•:.,:,,,,..1:44.,...i, N �X 4 f 4;14.,.,.,,,,,..,,::•10'„i k' x,44 -- EXHIBIT , it .,...410011° , ,,,,, I — • .,� lirlf,1 s t.ry., . 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CITY OF a rtn t f Department of Community and Economic Development Planning Division ADMINISTRATIVE POLICY/CODE INTERPRETATION , , ADMINISTRATIVE POLICY/CODE INTERPRETATION#: CI-129 4 MUNICIPAL CODE SECTIONS: RMC 4-5-130, International Property Maintenance Code REFERENCE: k SUBJECT: Residential Outdoor Storage f BACKGROUND: The Residential-6(R-6),zofe was adopted and codified as a new residential zone in 2015.An appropriate reference,however,was not codified within RMC 4-5-130.6.4,which amended Section 308, Residential Outdoor Storage,of the International Property Maintenance Code. RMC 4-5-130.6.4 qualifies residential zones as the RC, R-1, R-4 or R-8, and places limitations on outdoor storage for residential property.Among other limitations,the subsection sets the maximum area allowed for outdoor storage in the RC and R-1 zones at 400 square feet, and allows no more than 200 square feet in the R-4 and R-8 zones; the R-6, R-10 and R-14 zones are not cited. DECISION: Residential zones,for the purposes of RMC 4-5-130, International Property Maintenance Code,shall be determined by Chapter 4-2 RMC. Properties zoned F' R-6 shall have a maximum outdoor storage area of 200 square feet. Properties zoned R-10 or R-14 shall have a maximum outdoor storage area of 100 square feet. sl I JUSTIFICATION: Residential zones include the RC, R-1, R-4, R-6, R-8, R-10, R-14, RMH, and RMF. These zones and their respective development regulations are intended to provide a range of development that typically results in larger lots with greater setbacks in the RC and R-1 zones at one end, and smaller lots with lesser setbacks as the range progresses towards the opposite end with the R-10 and R-14 zones(this theme does not hold true for the RMH and RMF zones,which are specifically for the creation of manufactured home developments and multifamily developments respectively). Therefore, based on the limitation I upon R-4 and R-8 zoned properties, it's appropriate to also limit the area (' dedicated to outdoor storage in the R-6 zone to 200 square feet. I I Because RMC 4-5-130.B.4 qualifies residential zones to be the RC,R-1, R-4 and R-8,which are almost exclusively for single-family dwellings, and single-family residential development is permitted in the R-10 and R-14 zones,these zones should also allow some outdoor storage;however,the code will need to EXHIBIT Li 4 ' o- specify that the allowed storage area is for properties developed with a single- family dwelling as the primary use.Given the explanation above regarding the range of residential zones,and noting that the amount of land area dedicated to outdoor storage is reduced by half from 400 square feet to 200 square feet as the range progresses from the RC and R-1 zones to the R-4, R-6, and R-8 zones, it is appropriate to also reduce the maximum allowed area for outdoor storage by half(to 100 square feet)for the R-10 and R-14 zones. ADMINISTRATOR APPROVAL: C. E. "Chip"Vincent EFFECTIVE DATE: January 5, 2018 a` APPEAL PROCESS: To appeal this determination,a written appeal--accompanied by the required filing fee--must be filed with the City's Hearing Examiner(1055 South Grady Way, Renton,WA 98057,425-430-6515) no more than 14 days from the date of this decision.Section 4-8-110 of the Renton Municipal Code provides further information on the appeal process. DISCLAIMER: Excerpts from the Renton Municipal Code shown below may not contain the most recently codified text. In such instances, code amendments implemented through this Administrative Code Interpretation shall be construed to affect the current code and past/future Administrative Code Interpretations not yet codified in the same manner as shown below. Should any conflicts result the Administrator shall determine the effective code. CODE AMENDMENTS 4-5-130 INTERNATIONAL PROPERTY MAINTENANCE CODE: NEEDED TO IMPLEMENT B.AMENDMENTS: DETERMINATION(S): 4. Section 308 is deleted in its entirety and replaced with a new Section 308 Residential Outdoor Storage,which shall read as follows: 308 Residential Outdoor Storage: 308.1 Purpose: The purpose of this section is to define and regulate the outdoor storage of materials on residential property while maintaining the character and use intended for single family residential neighborhoods. zoned RC, R1, R4 or R8. 308.2 Allowed residential outdoor storage: For RC and R:1 zoned properties, a maximum of four hundred (400)square feet of area may be used for outdoor storage. For R-4 R-6 and R:8 zoned properties, a maximum of two hundred (200)square feet of area may be used for outdoor storage. For R-10 and R-14 zoned properties with a single-family dwelling as the primary use, a maximum of one hundred (100)square feet of area may be used for ou@or«7a e. } STAFF CONTACT: Paul m«&x7436 . { ( ( ( ( i i Warning of Violation ' i Denis Law Mayor .,,.'; WIR 9 Community&Economic Development C.E."Chip"Vincent,Administrator Issued To: Date: March 19,2018 Robert Curwood Code Case No:CODE18-000149 17240 116th Ave SE Owner(Tax-Payer):Robert Curwood Renton,WA 98058 Violation Address: 17240 116th Ave SE Renton,WA 98058-5946 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 4/3/2018. 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($250.00)per violation. Each day or portion of a day the violation(s) remain shall constitute a separate offense. ate:`,', --•:.,.::...-__, -•: rs. s 5. ' ',4 , - ,ac 'rf... s—:::`i. "*Vl ,' " a. ""� ^ 3i ps JZsYG� ;$ q':, ? " ` _ . ays `baas3 ! „ sA -'t,.:' ':': k Violation Note: i Code Cited: RMC 4-5-130.B.4 Amended IPMC Section 308.1-308.6 Outdoor Storage 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,R6 and R8 zoned properties,a maximum of two hundred(200)square feet of area may be used for outdoor storage.For R-10 or R-14 zoned properties,a maximum of 100 square feet 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:Consolidate outdoor storage to an area no larger than 200 square feet in the back yard area and remove items from the front and side yards. Page 1 of 2 it EXHIBIT 5 Lead Code Compliance Inspector w . .. _ Issued By: Donna Locher 425-430-7438 dl ochererentonwa.gov • {y. Page 2 of 2 MPS TRAkCKFIG# ii, l 'I.-iti' :.,_ _ 11:1Miriii, ,,,,:(,!:4.inir,,,:. ;.,Aili-1411114:,, ( 1!.1 11 ;ti ' "''11110 1 ,s r' -Y ire ;...t.. ----- w }, 9590 9402 2006 7124 9156 71 t. United States •Sender:Please print your name, address,and Z1P+4e in this box• f Postal Service t 033 City of Renton m Donna Locher 1055 South Grady Way ii ° m Renton, WA 98057 Z N < CM 1111 o ° 0 tS--0itiq Z .,.... 11)11111t11111)1)11)11111t1tt tit 1t 11t i , 1t�I �" � 1 11111111111 1r1 11l SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY rsature ■ Complete items 1,2,and 3. A _ a Print your name and address on the reverse X ® 000 so that we can return the card to you. Addressee a Attach this card to the back of the mallpiece. by - -"it amej C.Date f L ' or on the front if space permits. -[, A •• r _ e A , 1. Article Addressed to: n D.Is delivery different from stn 1 es �--! daQAt �'�i1 0 C9 If YES,enter delivery address below: v • r1 4140lIbAuk., SO e—? U3q-- 111111111111111111111111 111111111111 1111111 Maitreedultuft Signatures Restricted Cabin El Regisbwed men Remould Man 9590 9402 3006 7124 9156 71 o cCCertified ertifiedi Acted Delivery El Return Receipt for Merchandise n In Delivery 7 016 13 7 0 0002 0 771 0 2 0 0 m Delivery Restricted DenWery o '"viassavomie ,..,r t } Reehieted Delivery over icing PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt Y• CERTIFIED MAIL 0., ,,, c, , City of Renton Ilki 4 Community&Economic Development 4. 1055 South Grady Way mR I 1 I I 1 1 III N Renton WA 98057-3232 1 o 7016 1370 0002 0771 0200 7016 1370 0002 0771 0200 0 Cl) mi. 0 op000.,,,) a *Ti z. O5 • „ - _ E , , ,,,, zo , 0 o ts Bi ”. -fl (J) gaE. g. s.g ‘-, ,; ;=, , 3 Issued To: a " a wi-cli hi iil z ci CO . _ ... _ 0 ,., I .1 Robert Curwood 2 ..§ P I^ 17240 118th Ave SE • ' i4 I 1 I g '4 °' : ••••• 2 Renton,WA 98058 I I a ,,,,,,,,. 0 r— ..i. i t ® P---- i . , g M ... ::: (...,....-, .,.. LI ',...„,.. -1 , ..„ . ".° • i. 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Finding of ViolationGY O \, Denis Law Mayor f 1.0 io- Community&Economic Development C.E."Chip"Vincent,Administrator Issued To: Date:April 24,2018 Code Case No:CODE18-000149 Robert Curwood Owner(Tax-Payer):Robert Curwood 17240 116th Ave SE Violation Address: Renton,WA 98058 17240 116th Ave SE Renton,WA 98058-5946 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): In �"y....,v� �.fi NIOLATIOiN'1:"tutdoor 1 � Violation Note: A site re-inspection on April 23,2018,noted a mattress and box spring,lamps,items stored in a red Ford truck,tarps,plywood,blankets and'deer items stored in the front and side yards. { 3 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, R6 and R8 zoned properties,a maximum of two hundred(200)square feet of area may be used for outdoor storage. For R-10 or R-14 zoned properties, a maximum of 100 square feet 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: Consolidate outdoor storage to an area no larger than 200 square feet in the back yard area and { remove items from the front and side yards. Fees: Description Amount CODE-First Violation Fee $100.00 Violation 1 Subtotal: $100.00 Total Amount Due: $100.00 Payment of$100.00 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. Page 1 of 3 EXHIBIT 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: ' Date: (-)4-34-1 Issued By:Donna Locher Lead Code Compliance Inspector 425-430-7438 dlocher@rentonwa.gov Page 2 of 3 Code Case No:CODE18-000149 Date:April 24,2018 Violation Address: Total Amount Due:$100.00 17240 116th Ave SE Renton,WA 98058-5946 NOTICE OF RENTON MUNICIPAL CODE VIOLATION The City has elected to establish a non judicial hearing and determination system to enforce Renton Municipal Codes(RMC)civil code violations.Therefore a code violation penalty,consistent with RMC 1-3-2.P is imposed,not including any costs,fees or assessments. You may respond in the following manner. I deny creating,permitting to exist,maintaining or failing to eliminate the violation(s)and I am requesting a hearing to contest this Finding of Violation.Appeal requests must be received by the Renton City Clerk's office within 15 days of the date of this Finding of Violation.Please send me a hearing date.I promise to appear on that date.The administrator must prove by a preponderance of the evidence that I committed the violation.I understand that under RMC 1-3-2.G that the administrator shall decide whether the opportunity to be heard will be only in writing or in person,or both.The city is not required to call witnesses to testify at the hearing. Pursuant to RMC 1-3-2.K,failure to attend the scheduled hearing makes the Finding of Violation final,and I may be subject to additional costs if I fail to withdraw or resolve my appeal prior to the hearing date.I also understand that the city has not waived any rights or remedies under the law. Appeals should be mailed to: City of Renton Attention: City Clerk 1055S Grady Way Renton,WA 98057 I admit that I have created,permitted to exist,maintained or failed to eliminate the violation(s)and do not need or want any kind of hearing.As a result,I have enclosed a check or money order(do not send cash)in the amount of$ .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: Date: Page 3 of 3 14 b m U v 99086 VM'uoluab %)— !,;;;;;,;::' -;:ik ,' I I;1 I 3S eAV 41911 04ZL1 Q $ „I„ J ' • poomm0 pego?1 - c L 1 2 :ol panes! TWO 8 ' ,a- ! E i 'a R yu-1 = m � $ t1 e, ,O a' 0 ' roes. e 4 '+ O LL O O 2 2t�COQC'o 30 (s" @ u°LI zs i 50't2 T2.t0 2000 0tET 9T0t 50't2 `CLLO 2000 02.E'L 9'CO2. oa", Z£Z£-L5086 VM uoluali dem lipet9 41no5 SSOI + luawdoianap)lwouoD3 v i1!unww03 uo uaa;O AD ,./0 A:‘n i m1IVIAI11LL4WI31 -- ,,. , 0 UNITEDS71lTE5 POSTALSERVKEs USPS TRACKING# r' Robert Curwood Owner(Tax-Pi $A 17240 116th Ave SE Violation Addr 9114 9014 96451403 0110 76 Renton,WA 98058 17240 116th Ai Renton,WA 98 - The undersigned City of Renton Code Compliance Inspector hereby certifies and st? •saga to the named violator and the violation was not eliminated The Vinlatn•, M Par International shipments,the maximum weight Is 4 lbs. EP14H July 2013 Outer Dimension:10 x 5 BILLING INVOICE EG00087850 —41000 CITY OF Renton0 1055 S Grady Way,Renton,WA 98057 I' DEPARTMENT: CED-Code Compliance Transaction Date:April 24,2018 AR: Eden Invoice: BILLING CONTACT { Robert Curwood 17240 116th Ave SE Renton,WA 98058 REFERENCE NUMBER FEE NAME TRANSACTION PAYMENT AMOUNT PAID TYPE METHOD CODE18-000149:Outdoor codeCODE-First Violation Fee-RMC 4-5-130.BA Fee Payment Bill/PO/Invoice to Storage Residential 3081-308,6 Outdoor Storage Finance Job or PO#:DKL � �Na t"l p �� mmf ; ' ,-, �,? i�, x00 007 358x9000: 4 s� �a �� µ :Vi`?-A:a u 1 e g� 40,4, $1001m SUB TOTAL $100.00 a` TOTAL $100.00 ilk } 5Y5 Printed On:April 24,2018 Prepared By Donna Locher Page 1 of 1 { Donna Locher From: Cynthia Moya Sent: Friday,April 27, 2018 2:30 PM To: Craig Burnell; Donna Locher; Robert Shuey Subject: Curwood Appeal Attachments: Curwood Appeal.pdf I have attached the Curwood appeal request. Please send me the file as soon as you can so I can get this set. Thank you, Cindy Moya,City Clerk Specialist City of Renton-Administrative Services/City Clerk Division cmova@rentonwa.gov 425-430-6513 r i sib 1 EXHIBIT g CITY OF RENTON (260 APR 27 2018 1,1,14 Finding of Violation RECEIVED CITY CLERKS OFFICE Denis Law MayorIR% ( Community&Economic Development C.E."Chip"Vincent,Administrator Issued To: Date:April 24,2018 Code Case No:CODE18-000149 Robert Curwood Owner(Tax-Payer):Robert Curwood 17240 116th Ave SE Violation Address: Renton,WA 98058 17240 116th Ave SE Renton,WA 98058-5946 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): Outdoor Storage Residential Vestiyation Dade VIOLATION 1 04124J20�6 Violation Note: A site re-inspection on April 23,2018,noted a mattress and box spring,lamps,items stored in a red Ford truck,tarps,plywood, blankets and other items stored in the front and side yards. ^` 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,R6 and R8 zoned properties,a maximum of two hundred(200)square feet of area may be used for outdoor storage.For R-10 or R-14 zoned properties, a maximum of 100 square feet 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: Consolidate outdoor storage to an area no larger than 200 square feet in the back yard area and remove items from the front and side yards. Fees: Description Amount CODE-First Violation Fee $100.00 Violation 1 Subtotal: $100.00 Total Amount Due: $100.00 _..._._ _. Payment of$100.00 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. Page 1 of 3 4 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: „Date: Od-U--t Issued By:Donna Locher Lead Code Compliance Inspector 425-430-7438 dlocher@rentonwa.gov _ • • s`. Page2of3 { $'Code Case No:CODE18-000149 Date:April 24,2018 Violation Address: Total Amount Due:$100.00 17240 116th Ave SE Renton,WA 98058-5946 NOTICE OF RENTON MUNICIPAL CODE VIOLATION The City has elected to establish a non-judicial hearing and determination system to enforce Renton Municipal Codes(RMC)civil code violations.Therefore a code violation penalty,consistent with RMC 1-3--2.P is imposed,not including any costs,fees or assessments. You may resp in the following manner. I deny creating,permitting to exist,maintaining or failing to eliminate the violation(s)and I am requesting a hearing to contest this Finding of Violation.Appeal requests must be received by the Renton City Clerk's office within 15 days of the date of this Finding of Violation.Please send me a hearing date.I promise to appear on that date.The administrator must prove by a preponderance of the evidence that I committed the violation.I understand that under RMC 1-3-2.G that the administrator shall decide whether the opportunity to be heard will be only in writing or in person,or both.The city is not required to call witnesses to testify at the hearing. Pursuant to RMC 1-3-2.K,failure to attend the scheduled hearing makes the Finding of Violation final,and I may be subject to additional costs if I fail to withdraw or resolve my appeal prior to the hearing date.I also understand that the city has not waived any rights or remedies under the law. Appeals should be mailed to: City of Renton Attention: City Clerk 1055S Grady Way Renton,WA 98057 I admit that I have created,permitted to exist,maintained or failed to eliminate the violation(s)and do not need or want any kind of hearing.As a result,I have enclosed a check or money order(do not send cash)in the amount of$ .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 i ,ormation below:(PL ; PRINT) Na die Lage0 AriCity: 141,11 Jl State: (41 Zip: sql::1E73 • Telephone:Horn.,. '� /.�'l�or/ Signatu .1 -;-• - ' ‘7.1(e3, Page 3 of 3 Donna Locher From: Chip Vincent Sent: Monday,April 30, 2018 2:30 PM To: Donna Locher Subject: RE: Citizen Complaint -James Curwood Thanks Donna, Has a talk with James, I expect you will be hearing form him shortly. Chip From: Donna Locher Sent: Monday,April 30, 2018 10:41 AM To: Chip Vincent<CVincent@Rentonwa.gov> Subject: RE: Citizen Complaint-James Curwood Mr. Curwood has outdoor storage violations. We've received complaints from more than one neighbor. He appealed to the HEX and won because he is in an R6 zone and that zone was not included in the code section that prohibits outdoor storage. Paul did an administrative interpretation that includes the R6 zone and prohibits outdoor storage in the front and side yards in all residential zones. I then issued Mr. Curwood a Finding of Violation after the interpretation was complete. I do not know of any employee who lives by Mr. Curwood. Donna Locher Lead Code Compliance Inspector 425-430-7438 From:Chip Vincent Sent: Monday,April 30, 2018 10:34 AM To: Donna Locher<DLocher@Rentonwa.gov> Subject: FW: Citizen Complaint-James Curwood Importance: High Donna,could you please advise me on the following before I give him a call.Thanks, Chip From: Hannah L Miller Sent: Monday,April 30, 2018 9:20 AM To: Chip Vincent<CVincent@Rentonwa.gov> Subject: FW:Citizen Complaint-James Curwood Importance: High Chip, Please see below. Can you please contact Mr.Curwood and let me know when you speak with him? Thank you. Hannah Miller Secretary II 1 EXHIBIT Mayor's Office 425-430-6546 From: Denis Law Sent: Friday,April 27, 2018 8:02 PM To: Hannah L Miller<HLMiller@Rentonwa.gov> Subject: Re: Citizen Complaint-James Curwood If Chip is available, ask him to make contact. Thanks. Sent from my Verizon Wireless 4G LTE Droid On Apr 27, 2018 4:45 PM, Hannah L Miller<HLMiller@Rentonwa.gov>wrote: James Curwood came into the office today and wanted to speak with you about a complaint. Mr. Curwood lives at 17240 116th Avenue SE and claims that he has received several violation notices from Donna Locher/Code Compliance. He had the most recent with him; it is attached. He said that he has filed appeals and had hearings about these issues and had them dismissed, but he continues to receive notifications for what he says are small things and believes Donna is"nitpicking" over little issues. He also said that his neighbor is a Building employee and believes that he continues to receive these violation notices because his neighbor is influencing Code Compliance to "police" him more often than anyone else in the area, and influencing other neighbors to file complaints. Mr.Curwood's contact information is as follows: Cell: 206-698-5170 Home:425-226-6349 Would you like to speak with him? Should I have Chip contact him? Thank you. Hannah Miller Secretary II Mayor's Office 425-430-6546 2 BEFORE THE HEARING EXAMINER OF RENTON DECISION FILE NUMBER: CODE-17-000253 SITE OF VIOLATION: 17240 116TH Ave. SE Renton, WA 98058 PROPERTY OWNER: Robert Curwood 17240 116TH Ave. SE Renton, WA 98058 REVIEW AUTHORITY: City of Renton TYPE OF CASE: Finding of Violation, RMC 4-5-130(B)(4) — Outdoor Storage Violations DISPOSITION: Appeal Sustained, no violation found. No fines due from F the property owner. INTRODUCTION 1 Mr. Curwood has been charged with violating RMC 4-5-130(B)(4)for outdoor storage violations associated with an on-going garage sale. The appeal is sustained and no violation is found. Mr. Curwood's property is zoned R6. RMC 4-5-130(B)(4)does not apply to properties zoned R6. TESTIMONY Tim Lawless, Renton Code Enforcement Officer, summarized the violations. In response to examiner questions, Mr. Lawless noted that the items depicted in the Ex. 5 photographs that constitute illegal outdoor storage include a barbecue, lamp fixtures, chester drawers, and cabinet fixtures in the front yard of the property. Mr. Curwood noted that the only item that remains for any length of time in his front yard is a lamp, used for curb appeal. The other items depicted in the photograph were part of a yard sale held that day and were subsequently put away. Items are not maintained in the yard long-term. Mr. Curwood also donates various items to charities and neighbors in need. In response to questions from Mr. Curwood, Mr. Lawless noted that outdoor storage encompasses outdoor storage used for recurring yard sales even if no single item remains on the property for long Code Enforcement Decision-- 1 EXHIBIT 1(0 ' Yx' i periods of time. Mr. Curwood noted that he doesn't use his front yard for storage. He brings items home,fixes them up and then tries to sell them. Mr.Curwood stated he had spoken to Ms. Locher, code compliance officer, about what he had to do and was advised he just needed to move his lamps and clean up debris. He was also advised he was allowed outdoor storage of up to 400 square feet and was not advised this space was limited to the back yard. Mr. Lawless noted he had no knowledge of what Ms. Locher had advised Mr. Curwood. ! Mr. Curwood noted that the lamps on his front yard are just for curb appeal. The neighborhood `' complaints are all from the same condominium complex. In response to examiner questions, Mr. Curwood noted that he has yard sales in the summer every second to third weekend. In response to questions from Mr. Lawless, Mr. Curwood responded that he brings items to his home, fixes them and then sells them. He also refurbishes computers and gives some to people in need. . EXHIBITS g 1. Scheduling letter dated August 9,2017. 2. Finding of Violation July 10,2017 with request for appeal 1 3. Warning of Violation dated June 1, 2017 t 4. Warning of Violation Second Notice dated June 26, 2017 5. Four 8x11 photographs of property 6. Code Compliance Narrative 7. Code compliance complaint logs of neighbor complaints FINDINGS OF FACT 1. Violation Site. The violation site is a single-family residence located at 17240 116TH Ave. SE, Renton, WA 98058. The property is owned by Robert Curwood, who resides at the violation site. 2. Finding of Violation. A Finding of Violation ("FOV")dated July 10, 2017 was mailed to Mr. Curwood on July 10, 2017. The FOV alleges violations of RMC 4-5-130(B)(4) for outdoor storage. 3. Outdoor Storage. Photographs of the violation site taken on June 26, 2017 and July 6, 2017, Ex. 5, show several items stored in the front yard of the violation site, including a barbecue,chester drawers and cabinet fixtures. These are items stored in the front yard as part of on-going yard sales conducted at the violation site at least every second or third weekend during L Code Enforcement Decision--2 ' 6 the summer months of the year. The storage has drawn numerous complaints from neighboring property owners. See Ex. 7. 4. Locher Statements. At the hearing Mr. Curwood asserted that Donna Locher, a code compliance officer, had advised him he could store he could have outdoor storage of up to 200 , square feet and that he was not advised that this storage area had to be limited to his backyard and could not be in the front yard. Mr. Locher was not present during the hearing and Mr. Lawless was not in a position to confirm or deny whether Ms. Locher had lead Mr. Curwood to believe he could store items in his front yard. However, Mr. Curwood was mailed two warnings of violation, both of which clearly identified that outdoor storage was prohibited in the front yard and that storage was limited to 200 square feet in the back of the residence. The first Warning of Violation was mailed on June 1,2017 and the second was mailed on June 26, 2017. 5. Hearing. A hearing on the subject appeal was held on October 17,2017. 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. Zoning. The property is zoned R-6. 3. Code Violations: The Finding of Violation of this case (Exhibit 2) is based upon the violation of RMC 4-5-130(B)(4). The applicable criteria are quoted below in italics with accompanying Conclusions of Law that apply those criteria to the Findings of Fact made above. RMC 4-5-130(B)(4): Section 308 is deleted in its entirety and replaced with a new Section 308 Residential Outdoor Storage, which shall read as follows: 308 Residential Outdoor Storage: 308.1 Purpose: The purpose of this section is to define and regulate the outdoor storage of materials on residential property while maintaining the character and use intended for single family residential neighborhoods. For purposes of this section, residentially zoned property is any property zoned RC, R1, R4 or RB. 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 RB zoned properties, a maximum of two hundred(200)square feet of area maybe 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. Code Enforcement Decision—3 308.6 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. 308.7 Firewood:Firewood must be split neatly stacked, and intended for use on the premises on which it is stored. Tarps may be used to protect firewood. 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. 308.9 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. (Ord. 5710, 4-14-2014) 4. No Violation. .As identified in IPMC 308.1 above, the outdoor storage requirements apply only to properties zoned RC, R1, R4 or R8. The subject property is zoned R6. It appears that the failure to include the R6 zone in RMC 4-5-130(B)(4) was an oversight. The R6 zone was adopted by the City of Renton in 2015, apparently after the adoption of RMC 4-5-130(B)(4) in 2014. Nonetheless, by its plain and express terms RMC 4-5-130(B)(4) only prohibits outdoor storage in "residentially zoned property", which IPMC 308.1 defines as properties zoned RC, R1,R4 or R8. DECISION The appeal is sustained. There is no violation of RMC 4-5-130(B)(4) because RMC 4-5- 130(B)(4)does not apply to properties zoned R6. Decision issued on the 15th day of October,2017. Phil Olbrechts, Hearing Examiner is 1 } Code Enforcement Decision—4 4 NOTICE OF RIGHT TO APPEAL [ Appeal to Superior Court. Anappeal o bed decision of the Hearing Examiner must be filed with Superior Court within twenty-one calendar days, as mqird by the Ln Use Petition Act ( Chapter 36.70 C RCW. [ ^ ( . . ( Code En6RementDec§a—5 . { ( {