HomeMy WebLinkAboutChien ltr & decision Denis Law Mayor O
City Clerk-Jason A.Seth,CMC
August 14, 2018
Mr. Jason Chien
16545 41'Avenue N.E.
Seattle, WA 98155
Re: Hearing Examiner's Decision
Code Case No: CODE-18-000175
Dear Mr. Chien:
Attached is your copy of the Hearing Examiner's Decision dated August 14, 2018 in the above-
referenced matter.
If I can provide further information, please feel free to contact me.
Sincerely,
l42,..Ct
Jason A. Seth
City Clerk
cc: Hearing Examiner
Craig Burnell, Building Official
Donna Locher, Code Compliance Inspector
Robert Shuey, Code Compliance Inspector
Kevin Louder, Code Compliance Inspector
1055 South Grady Way,Renton,WA 98057 • (425)430-6510/Fax (425)430-6516 • rentonwa.gov
BEFORE THE HEARING EXAMINER
CITY OF RENTON
REPORT AND DECISION—APPEAL OF FINDING OF VIOLATION
File Number: FOV#: 18-000175
Location of Violation: 371 Stevens Avenue SW
Renton, WA 98057
Appellant: Jason Chien
16545 41st Avenue NE
Seattle, WA 98155
Appellant's Representative: Ms. Lydia Chow
Public Hearing: Held on July 31, 2018 at 10:30 am at Renton City Hall.
Decision: Findings of Violation sustained. Penalty of$250 assessed.
SUMMARY OF DECISION
The Findings of Violation are sustained; however, all issues were addressed prior to the hearing.
Mr. Chien has been charged with violating sections of the Renton Municipal Code for Outdoor
Storage— Residential and Junk Vehicles. A Penalty of$250 is assessed.
SUMMARY OF HEARING TESTIMONY
Rob Shuey, City of Renton Code Compliance Inspector, described the violations. He noted that
the City send a Warning of Violation in April 3,2018 with four noted violations including Outdoor
Storage — Residential, Garbage and Recyclables on Public/Private Property, Junk Vehicles and
Bulky Waste on Private Property. The appellant's representative, Lydia Chow, requested an
extension on the same day noting disabling, but temporary health issues. On May 24, 2018, the
City noted two of the original four violations remained including Junk Vehicles and Outdoor
Storage. Additionally, the City noted a new violation for overgrown vegetation. The City spoke
with Ms. Chow and agreed to extend the Comply By date to June 12, 2018. The City issued a
Finding of Violation for the Outdoor Storage and Junk Vehicles on June 15, 2018. An inspection
on July 31, 2018, prior to the hearing revealed that all outstanding violations had been resolved.
The City requested the Examiner levy the $500 fine to reimburse the City for significant effort and
because this appellant has a history of code enforcement violations prior to this offense.
Lydia Chow,the appellant's agent, is the apartment manager for Mr. Chien. Ms. Chow apologized
for the delay and reiterated that she had been in poor health during the Spring of this year and was
Code Enforcement Decision- 1
living in a rehabilitation center after knee surgery. She stated she would maintain the property into
the future. She also requested that the Examiner consider reducing the penalty.
EXHIBITS
Ex. 1 Appeal Request dated June 21, 2018 w/attached letter
Ex. 2 Renton Code Compliance Narrative and Code Case Activity Report
Ex. 3 Warning of Violation w/Owner Information dated April 3, 2018
Ex. 4 Warning of Violation Photos dated March 30, 2018 and DOL Documentation
Ex. 5 Email from Lydia Chow dated April 3, 2018
Ex. 6 Email to Lydia Chow dated May 24, 2018
Ex. 7 Finding of Violation dated June 15, 2018
Ex. 8 Finding of Violation Photos dated June 14, 2018 and Invoice for Penalty
Ex. 9 Photographs of Subject dated July 31, 2018
FINDINGS OF FACT
1. The site is located at 371 Stevens Avenue SW, Renton. The site in question is a multi-
family apartment complex owned by Mr. Chien. The Finding of Violation was directed to Mr.
Chien at 1545 41st Avenue NE, Seattle, Washington.
2. The subject property is zoned R8.
3. Photographs taken by Mr. Shuey, Ex. 4 and 8, clearly establish that the subject property
contained outdoor storage and junk vehicles. All findings are based on observations made by Mr.
Shuey on March 30, 2018 and June 14, 2018.
4. The City issued a Warning of Violation to Mr. Chien on April 3, 2018 with four counts of
violation including outdoor storage and junk vehicles.
5. The City issued a Notice of Violation on June 15,2018 with three counts including outdoor
storage,junk vehicles and overgrown vegetation.
6. Mr. Chien abated the violations prior to the July 31, 2018 hearing.
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. Code Violations: The Finding of Violation of this case (Ex. 7) is based upon the violation
of Renton Municipal Code regulations, specifically RMC 4-5-130(B)(4) and the International
Property Maintenance Code(Sections 308.2, 308.3, 308.4, 308.5 and 308.6) Outdoor Storage and
Code Enforcement Decision-2
RMC 6-1-3 Junk Vehicles. The applicable criteria are quoted below in bold and italics with
accompanying Conclusions of Law that apply those criteria to the Findings of Fact made above.
International Property Maintenance Code Sections 308.2-6 as amended by RMC 4-5-
130(B)(4):
308.2 Allowed residential outdoor storage: For RC and R1 zoned properties, a maximum of
400 square feet of area may be used for outdoor storage. For R4 and R8 zoned properties, a
maximum of two hundred(200) square feet of area may be used for outdoor storage.
308.3 Prohibited areas for outdoor storage: Outdoor storage is prohibited on residentially
zoned property in the following areas:
Front yards
Side yards
Slopes greater than 15%
Designated open spaces or restricted areas
Critical areas, including wetland, streams and associated buffer areas
308.4 Emergency access: Outdoor storage areas shall not prevent emergency access to the
residential structure or any other building.
308.5 Business related storage: Materials stored outdoors on residentially zoned properties
shall not be owned by or used in any business or industry including a home occupation
business.
308.6 Height limitations: Materials stored outdoors on residentially zoned properties shall
be neatly stacked and not exceed a height of six feet (69. Tarps may not be utilized for
screening outdoor storage.
3. Outdoor Storage Violations Affirmed in Part. The violation of RMC 4-5-130(B)(4) are
affirmed, in part. The photographs in Exhibits 4 and 8 clearly show outdoor storage meeting the
criteria of RMC 4-5-130(B)(4) including the presence in the front yard of a tire on a rim, buckets,
rolls of astro turf, electrical extension cord, an oil change pan, a 5-gallon gas can, and a smaller
gas can, a lawn mower and a metal tool box. The storage area was in excess of 200sf and located
in the front yard.No evidence was presented that the storage prevented emergency access,that the
storage was business related,that the storage pile exceeded six feet in height or was tamed.
4. RMC 6-1-2 Junk Vehicle:
A vehicle that meets at least three of the following requirements:
(1) a vehicle that is three years old or older;
Code Enforcement Decision-3
(2) a vehicle that is extensively damaged, such damage including but not limited to any of
the following: a broken window or windshield, or missing wheels, tires, motor, or
transmission;
(3) a vehicle that is apparently inoperable;
(4)a vehicle that has an approximate fair market value equal only to the approximate value
of the scrap in the vehicle's current condition; or
(5) evidence of inoperability or damage that includes, but is not limited to, any buildup of
debris that obstructs use, or a flat or missing tire or tires, or a nonfunctional motor or
transmission, or missing bumpers, or missing license plates, or expired vehicle license
plate tabs.
5. Junk Vehicle Violations Affirmed. The violation of RMC 6-1-2 are affirmed. The
photographs in Ex. 4 and 8 clearly demonstrate the presence of junk vehicles meeting the criteria
of RMC 6-1-3 on the subject property after the Comply By dates set by the City. These include an
apparently inoperable 1991 Toyota truck with expired tags and filled with and surrounded by
debris; a 2004 Dodge Stratus sedan that has not had valid tags since 2016 and appears to not have
moved in that time based on the grass growing around it; an extensively damaged 2001 Dodge
Ram truck with tags that expired in 2016 that is filled with garbage, another 2004 Dodge Stratus
with expired tags and evidence of inoperability, and several other vehicles lacking tags (including
a Ford Focus and a Dodge van).
6. Violations Abated. As of July 31, 2018, all violations have been abated.
FINES
Fines are governed by RMC 1-3-2(P):
1. The minimum penalty for the first violation shall be one hundred dollars ($100),
not including costs or court costs,fees, and assessments.
2. The minimum penalty for the second violation of the same nature or a continuing
violation shall be two hundred dollars ($200), not including costs or court costs,fees, and
assessments.
1. The City assessed a Violation Fine of$250 per count,or$500 for the full violation.Though
the violations are affirmed, both have since been abated. The Examiner recognizes both the City's
efforts in this matter and the continuing violations. However,the appellant fully abated all counts
of violation prior to the hearing. Therefore, the Examiner has reduced the penalty to $250.
Code Enforcement Decision-4
DECISION
One count of violating RMC 4-5-130(B)(4), outdoor storage and one count of violation of RMC
6-1-3 junk vehicles(Ex. 7), are affirmed as to Mr. Chien. The violation has since been abated. The
appellant is hereby required to pay a penalty of$250.
Decision issued on the 14th day of August 2018.
Emily Terrill, 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 RC W.
Code Enforcement Decision- 5