HomeMy WebLinkAboutNeafus File (046 & 048) Denis Law Mayor
City Clerk-Jason A.Seth,CMC
CITY OF RENTON'S
HEARING EXAMINER'S FILE:
NEAFUS CODE COMPLIANCE FILE
CODE-18-000046 &
CODE-18-000048
CERTIFICATE
I, Jason A. Seth, the undersigned City Clerk of the City of Renton,
Washington, certify that this is a true and correct copy of the Neafus Code
Compliance Files CODE-18-000046 & CODE-18-000048.
Subscribed and sealed this //'`day of January, 2019.
City of Renton
Jas A. Seth, ' y Clerk
1055 South Grady Way, Renton,WA 98057 • (425)430-6510/Fax (425)430-6516 • rentonwa.gov
Denis Law Mayor
City Clerk-Jason A.Seth,CMC
November 14, 2018
Richard M. Simpson, Attorney at Law
Simpson Law PLLC
P.O. Box 1395
Tacoma, WA 98401
Re: Lenny Neafus, et al. vs. City of Renton
Pierce County Case No.: 18-2-12457-9
Dear Atty. Simpson:
Per your request, I have enclosed an audio copy of your client's code compliance hearing on
April 10, 2018 hearing for CODE-18-000046 and CODE-18-0000048, along with the Hearing
Examiner's Schedule for that day so you know what is on this disk. You may need to download
the FTR player for this audio copy to work. You can download at:
https://www.fortherecord.com/download-ftr-player
If you have any questions, please call Jason Seth, City Clerk at 425-430-6502.
Sincerely,
Jason A. Seth ()
City Clerk
cc: Alex Tuttle, Assistant City Attorney
Leslie Clark, Senior Assistant City Attorney
Stephanie Rary, Paralegal
1055 South Grady Way,Renton,WA 98057 • (425)430-6510/Fax (425)430-6516 • rentonwa.gov
DEPARTMENT OF COMMUNITY ciTv of
AND ECONOMIC DEVELOPMENT ---Renon 0
Hearing Examiner's Schedule
Scheduling of hearings is coordinated through the CED - Planning Division (425-430-6578).
HEARING START PROJECT NUMBER-NAME
DATE TIME
04/10/2018 11:00 am Hearing-Code Compliance-Neafus
11:30 am Hearing-Code Compliance- Lam
12:00 pm Hearing-Impound- Hill
1:00 pm Hearing-Forfeiture Pre-Hearing-Shiu
04/17/2018 10:00 am LUA18-000115-Southport Office Helipad
11:00 am LUA17-000808- 1-405, Renton to Bellevue Project, Stage 1
12:00 pm LUA16-000981 - Renton Subdivision
04/24/2018 10:00 am Hearing- Foreman Code Compliance
11:00 am LUA18-000188- King County South Plant Biogas and Heating Systems Improvements Project
Page 1 of 1
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Cynthia Moya
From: Stephanie Rary
Sent: Tuesday, November 13, 2018 1:47 PM
To: 'Richard Simpson'
Cc: Cynthia Moya
Subject: RE: Courtesy Copy of Notice of Appearance - Neafus et al v. City of Renton, Pierce Co.
Sup. Court No. 18-2-12457-9
Good afternoon Mr. Simpson:
I am referring you to Ms. Cynthia Moya (copied), who handles such items on behalf of the Hearing Examiner.
Please let me know if you have any questions.
Thank you,
Stephanie
Stephanie Rary, Paralegal
• Renton City Attorney
425-430-6493/425-430-6498(fax)
srary@rentonwa.gov
From: Richard Simpson [mailto:rchard@rmsimpsonlaw.com]
Sent: Friday, November 09, 2018 5:17 PM
To:Stephanie Rary<SRary@Rentonwa.gov>
Subject: Re: Courtesy Copy of Notice of Appearance - Neafus et al v.City of Renton, Pierce Co. Sup. Court No. 18-2-
12457-9
Hi Stephanie,
Thank you, received. On another note, can you please provide an estimate of the cost for a full transcript of the
initial hearings (RCW 36.70C.110)? The File Numbers are CODE18-000046 and CODE18-000048, according
to the Hearing Examiner Decision.
Best regards,
Richard Simpson
Attorney and Counselor at Law
Simpson Law PLLC
Tel. 253.219.5225
Fax 253.295.5824
www.rmsimpsonlaw.com
This message is private or privileged. If you are not the person for whom this message is intended, please notify
me immediately and delete the message. Please do not copy or send this message to anyone else.
1
On Thu, Nov 8, 2018 at 3:15 PM Stephanie Rary <SRary@rentonwa.gov>wrote:
Good afternoon Mr. Simpson:
Attached for your information is a copy of the City of Renton's Notice of Appearance in the above-mentioned
case. We will be filing it with Pierce County Superior Court next week.
Thank you,
Stephanie
tephanie Rary,Paralegal
Renton City Attorney
r
425-430-6493/425-430-6498(fax)
srary@rentonwa.gov
2
CRY OF RENTON
OCT 262018
SUPERIOR COURT OF WASHINGTON RECEIVED
FOR PIERCE COUNTY CITY CLERK'S OFFICE
V ' tc�
IJ5r,fr,cilZ'tt4 ran
LENNY NEAFUS and ALICE NEAFUS, ) No. 18-2-12457-9
husband and wife and their )
marital community; and LAKE )
WASHINGTON VIEW CEMETERY LLC, ) SUMMONS
Petitioner(s) )
v. )
CITY OF RENTON, )
Respondent. )
TO THE RESPONDENT: A petition for judicial review of
land use decisions (LUPA) under Chapter 36 . 70C RCW has
been started in the above entitled court by Lenny Neafus,
petitioner. Petitioner ' s claim is stated in the written
LUPA appeal, a copy of which is served upon you with
this summons.
Under RCW 36 . 70C. 080 ( 6 ) , a party need not file an
answer to the petition. If you wish to seek the advice of
an attorney in this matter, you should do so promptly so
that your written response, if any, may be served on time.
This summons is issued pursuant to rule 4 of the
Superior Court Civil Rules of the State of Washington.
Richard M. Simpson
( ) Petitioner (X) Petitioner ' s Attorney
P.O. Box 1395
Tacoma, WA 98401
October 25 , 2018
( 253 ) 219-5225
E-FI D
IN COUNTY CL: RK'S OFFICE
PIERCE COUNT WASHINGTON
October 26 2118 8:30 AM
1 KEVIN . OCK
COUNTY LERK
2 NO: 18-2 2457-9
3
4
5 IN THE SUPERIOR COURT FOR THE STATE OF WASHINGTON
6 IN AND FOR PIERCE COUNTY
7
8 LENNY NEAFUS and ALICE NEAFUS, husband and wife and their marital community;
and LAKE WASHINGTON VIEW CEMETERY LLC, Petitioner(s)
9 vs.
Z0 CITY OF RENTON, Respondent.
11
No. 18-2-12457-9
12
October 25, 2018.
13
LUPA APPEAL OF ADMINISTRATIVE AGENCY RULING
14 Land Use Petition
15 COMES NOW Lenny Neafus,Petitioner, by and through his attorney, Richard M.
Simpson,respectfully files his appeal of the decision of the Hearing Examiner as required
16 by the Land Use Petition Act, Chapter 36.70C RCW, against this respondent in a manner
as follows:
17
I. PARTIES
18
1.1 Lenny Neafus, Petitioner is over the age of 18 years and an individual
19 residing at 6205 24th St. NE,Tacoma,Washington 98422.
20 1.2 Alice Neafus, Petitioner is over the age of 18 years and an individual
residing at 6205 24th St.NE,Tacoma,Washington 98422.
21
1.3 Lake Washington View Cemetery, LLC, UBI Number 602 946 795, Petitioner is
22 an active status Washington Limited Liability Company with its principal office
23 address of 2235 NE 3rd, Renton,WA,98056.
24 1.4 City of Renton, Respondent is a municipality located within King County,
Washington,United States of America. Its mailing address is 1055 South Grady
25 Way, Renton,WA 98057.
Simpson Law PLLC
Appeal- LUPA 1 539 Broadway
Tacoma,WA 98402
Ph.253.219.5225 Fax 253.295.5824
I
1 II.JURISDICTION AND VENUE
2 1. The Court has jurisdiction of the subject matter and parties herein.
3 2. Venue of this matter properly lies in King County,the site of the property in question.
4 III. STATEMENT OF FACTS
5 A decision was made on October 7,2018 by Phil A. Olbrechts, City of Renton
Hearing Examiner, against Lenny Neafus for zoning code violations under the Renton
6 Municipal Code(RMC). Four of the twelve total violations alleged against Mr. Neafus by
the City of Renton were sustained for a total of$400 in fines. The four alleged violations
7 are as follows:
8 1. Bulky Waste-Violation No 3, FOV 18-000046
9 Citing RMC 8-1-4(E): Unlawful Storage of Bulky Waste
10 2. Outdoor Storage-Violation No.4, FOV 18-000046
11 Citing Table RMC 4-2-060(M)
12 3. Excess Outdoor Storage-Violation No.6, FOV 18-000046
13 Citing RMC 4-5-130(B)(4)
14 4. Vehicle Storage-Violation No. 7, FOV 18-000046
15 Citing Table RMC 4-2-060(M)
16 Although the violations cited by the City of Renton pertained to two separate
parcels of land, both owned by the Petitioners,the Code Enforcement Decision combined
17 the two parcels,Tax Parcel No. 172305-9001 and 172305-9004, into one violation site.
For the sake of convenience and ease of reference in this appeal, the approximate acreage
18 for both sites combined total 9-acres,presumably zoned as R8, and both lots were
purchased in 1997. Lenny and Alice Neafus act as governors to Lake Washington View
19 Cemetery LLC, formed on 08/14/2009, and on 08/17/2009 Alice Neafus recorded a quit
20 claim deed conveying Tax Parcel No. 172305-9004(the larger lot)to Lake Washington
Cemetery LLC. In addition,both Lenny and Alice Neafus, as governors, incorporated
21 ALLENNS DEMOLITION& EXCAVATING, INC. on 03/04/1993.A resident resides on
the larger lot, so as to prevent unauthorized dumping on the property, according to Mr.
22 Neafus. Immediately bordering the larger lot,to the south,is land operated by Mount
Olivet Cemetery,presumably also zoned R8.
23 Mr. Lenny Neafus represented himself at the hearing,and raised the argument that
24 the City of Renton has been harassing him concerning the property for many years, since
he purchased it in 1997. He obtained counsel for the current appeal on October 24, 2018,
25 two days before the deadline to file an appeal with this court.
A eal -LUPA Simpson Law PLLC
Pp 2 539 Broadway
Tacoma,WA 98402
Ph.253.219.5225 Fax 253.295.5824
A
1 IV. DISCUSSION
2 Bulky Waste-Violation No 3,FOV 18-000046
3 Citing RMC 8-1-4(E): Unlawful Storage of Bulky Waste and RMC 8-1-2"Bulky
Waste"Definition,the Examiner classified items leaning against a storage container as
4 "more likely than not solid waste,as they are composed of siding and other construction
debris that does not appear fit for reuse"and that those items were"too large to fit into
5 standard sized garbage containers". See Code Enforcement Decision -6, paragraph C.
6 One issue here is whether"siding and other construction debris"located on a
private,9-acre piece of property,"well-hidden from public rights-of-way"constitutes as
7 "solid waste"by the Renton Municipal Code definition. Id.Another issue is whether
within the definition, as drafted,"any other oversized solid wastes which would typically
8 not fit into or be permitted for collection as garbage or in garbage cans"is overly broad
9 or too vague to determine what constitutes as solid waste.
While the definition of"bulky waste" is defined under RMC 8-1-2, as addressed
10 by the Examiner, neither the definition of"solid waste" or"garbage can"were addressed.
Under the same code:
11 RMC 8-1-2 GARBAGE CAN:A City-approved container fabricated of material
12 of similar size and weight to a container that is a watertight, galvanized sheet
metal or plastic container not exceeding four(4)cubic feet or thirty two(32)
13 gallons in capacity,weighing not over fifteen(15)pounds when empty or sixty-
five(65)pounds w full; fitted with two(2) sturdy handles,one on each side,
14 and a tight cover eqhenuipped with a handle; such can shall be rodent and insect-
proof and be kept in a sanitary condition at all times.
15
By this definition of garbage cans,every home and land owner within Renton city
16 limits might be in violation of the ordinance.Any potentially large item, such as sheet
17 rock, plywood,a classroom whiteboard, flagpole, oversized picture frame, large window
pane,bookshelf,unattached fire pit, etc., that otherwise would not fit inside a garbage
18 can, simply placed outside of a living area, would expose a landowner to fines and
penalties under the definitions as interpreted by the Examiner.
19 In looking to clarify the definition of"solid waste," Petitioner looks to a national
standard in defining the term.According to the Environmental Protection Agency, the
20 Resource Conservation and Recovery Act(RCRA),passed in 1976,created the.
21 framework for America's hazardous and non-hazardous waste management programs.
Materials regulated by RCRA are known as"solid wastes."Only materials that meet the
22 definition of solid waste under RCRA can be classified as hazardous wastes, which are
subject to additional regulation. EPA developed detailed regulations that define what
23 materials qualify as solid wastes and hazardous wastes.
24 RCRA states that"solid waste"means any garbage or refuse,sludge from a
wastewater treatment plant,water supply treatment plant,or air pollution control facility
25 and other discarded material,resulting from industrial,commercial,mining,and
Appeal-LUPA Simpson Law PLLC
3 539 Broadway
Tacoma,WA 98402
Ph.253.219.5225 Fax 253.295.5824
I
1 agricultural operations, and from community activities.Nearly everything we do leaves
behind some kind of waste. Several materials are excluded from the definition of solid
2 waste. These materials are excluded for a variety of reasons, including public policy,
economic impacts, regulation by other laws, lack of data, or impracticability of regulating
3 the waste. The decision to exclude [specific] materials from the solid waste definition is a
4 result of either Congressional action(embodied in the statute) or an EPA rule-making.
See 40 CFR section 261.4(a).
5 According to the definition provided by the EPA, wastes which are not solid
wastes include:
6
• Excluded scrap metal (processed scrap metal, unprocessed home scrap metal, and
7 unprocessed prompt scrap metal)being recycled.
8 • Hazardous secondary material generated and legitimately reclaimed within the United
States or its territories and under the control of the generator.
9 • Hazardous secondary material that is generated and then transferred for the purpose of
reclamation is not a solid waste.
10
11 By the national standard,Mr.Neafus and Lake Washington View Cemetery LLC
would be in compliance if the materials discovered on his property included only siding
12 and other debris.The standard as proposed by the City of Renton appears on its face to be
unduly burdensome to the vast majority of residents within city limits.If,on any given
13 day, a Renton City Official were to visit any residential property and find house siding
resting against a building(its functioning use is to cover buildings),or other"debris" and
14 inert material,then it is likely that most of those property owners would be in violation of
the ordinance.
15 Further,enactment of the City of Renton ordinance was presumably put in place
either to regulate environmental impacts of waste disposal,reduce public and private
16 nuisance complaints,or both. In either scenario,it is difficult to imagine how ordinary
house siding stored on a 9-acre plot of private land falls under either of these concerns,or
17 has reached this level of city regulation absent some ulterior motive,as argued by Mr.
18 Neafus in his initial appeal.The land in question has increased in value significantly since
Mr.Neafus first purchased all of the lots,and a cemetery (Mount Olivet Cemetery)
19 borders the large lot in question.Apparently there is some dispute between the City of
Renton and Mount Olivet over an adjacent lot,a lot presumably owned by the City of
20 Renton,in which bodies and graves had been placed,and this argument/fact was raised in
Mr.Neafus's original appeal.Mr.Neafus also raised harassment by the City as an issue,
21 and these facts would support an argument for unnecessary harassment if proven true.
Violation No. 3 should be dismissed for the above-mentioned reasons.
22
Outdoor Storage-Violation No.4,FOV 18-000046
23
Citing Table RMC 4-2-060(M) and RMC 4-11-190S ("Storage,Outdoor"
24 Definition),the Examiner found that the property was used for outdoor equipment
25 storage,and considered the equipment"stored for purposes of`shipping to other
locations."'See Code Enforcement Decision,Page 11,No.9.The definition of Storage,
Appeal-LUPA Simpson Law PLLC
4 539 Broadway
Tacoma,WA 98402
Ph.253.219.5225 Fax 253.295.5824
amok
1 Outdoor,under the RMC,specifically excludes vehicle storage.Merriam-Webster defines
vehicle as(1)a means of carrying or transporting something//planes,trains,and other
2 vehicles : such as (a) : motor vehicle(b) : a piece of mechanized equipment.Under RCW
70.95.030 Definitions(25) "Vehicle"includes every device physically capable of being
3 moved upon a public or private highway,road,street,or watercourse and in,upon,or by
which any person or property is or may be transported or drawn upon a public or private
4 highway,road,street,or watercourse,except devices moved by human or animal power
or used exclusively upon stationary rails or tracks.
5 Further,Merriam-Webster Dictionary defines `shipping'as: (1)the act or business
6 of sending goods to people,stores,etc;or(2)the act or business of a person who ships
goods.Further use of the term `shipping'as likely intended by the drafters of RMC to
7 mean can be supplemented by the general understanding of shipments under UCC Article
2,§ 2-319.F.O.B.and F.A.S.Terms.
8 First,it is apparent that the Examiner mistook the definition for shipping as it
applies to the case at hand.Moving a vehicle,however big or small,from one point to
9 another and then returning to its original location,to be repeated many times,likely does
not qualify as `shipping'either by common knowledge or understanding,or even less
10 likely under commercial codes.In fact,under the Examiner's application of this
definition,every construction company across the City of Renton would be in violation of
11 the ordinance each and every time it moved its equipment from worksite to worksite.
Second,the definition of Storage,Outdoor,under the RMC,specifically excludes
12 vehicle storage.The Examiner based his finding over Violation No.4 on the presence of a
13 bulldozer,excavator,and loader.All three of these can be defined as vehicles under the
common knowledge and understanding of the term vehicle,as each is a motor vehicle
14 and/or a piece of mechanized equipment,and additionally all serve as a means of
carrying or transporting something.
15 Third,Mr.Neafus incorporated and operated ALLENNS DEMOLITION &
EXCAVATING, INC. in 1993,prior to his purchase of the current property in question,
16 and continued operation after the purchase.As part of this business,bulldozers,
17 excavators, and loaders are necessary components of running this sort of enterprise.
Violation No.4 should be dismissed for the above-mentioned reasons.
18
Excess Outdoor Storage -Violation No.6,FOV 18-000046
19
Citing RMC 4-5-130(B)(4),the Examiner found that more likely than not the
20 subject property was used for outdoor storage of one or more shipping containers on
February 21,2018,although the City of Renton took pictures of the container for
21 purposes of the citations on January 12,2018.
First,Mr.Neafus incorporated and operated ALLENNS DEMOLITION&
22 EXCAVATING, INC. in 1993,prior to his purchase of the current property in question,
23 and continued to operate it following the purchase.As part of this business, storage
containers are a necessary component of running said business.
24 Second,similar to the other ordinances mentioned above,at face value it appears
to be overly broad and unduly burdensome in this day and age."Shipping containers have
25 been used for everything from urban farms to off-the-grid getaways and all-in-one pools.
A eal-LUPA Simpson Law PLLC
PP 5 539 Broadway
Tacoma,WA 98402
Ph.253.219.5225 Fax 253.295.5824
1 Made from the thousands of surplus containers that sit on docks around the world, these
homes can be an eco-friendly alternative to traditional building materials."See https://
2 www.curbed.com/2017/6/21/15839730/shipping-container-house-for-sate-buy. Shipping
3 containers across the country are converted into livable homes for a fraction of the cost of
more traditional ones.Although Mr. Neafus does not argue that the alleged existence of
4 shipping containers on his property are for residential use, the mere fact that shipping
containers are converted into livable houses could legitimately support the amendment of
5 such an ordinance that explicitly disallows shipping containers for use as a residence,
especially because every single one of the violations cited against Mr. Neafus pertain to
6 "environmental" issues.
7 Third,according to the Examiner, "prior to Ordinance No. 4722,...outdoor
storage was prohibited because it wasn't expressly authorized."This appears to be an
8 invalid application of the law here. Simply because an act is not expressly authorized
does not automatically make it a prohibited act. To provide a rudimentary example, there
9 is no express authority granting individuals the right to jump into the air, but because it is
not expressly authorized does not make that act prohibited. Quite the contrary. In fact,the
10 exact opposite argument can be made that,because outdoor storage was not expressly
11 authorized prior to 1998, it was therefore not prohibited.
Finally,alleging a proper date of violation is essential to provide due process
12 notice to Mr. Neafus and his business interests, who needs to know what date a violation
allegedly occurred in order to reasonably defend himself. He was not provided that
13 process as the City failed to match its date of violation, February 21,2018, with the bulk
of its primarily photographic evidence dated January 12, 2018.
14
15 Vehicle Storage-Violation No.7,FOV 18-000046
16 Citing RMC 4-2-060(M),the Examiner found that numerous vehicles were stored
outdoors on the subject property on February 21,2018.While vehicle storage is expressly
17 prohibited in an R8 zone,a definition of storage is not provided in the table itself. "Park
and ride,shared use," for example,is permitted on R8-zoned property.Under 4-11-190
18 DEFINITIONS S: STORAGE,VEHICLE: An indoor or outdoor area for parking or
holding of motor vehicles and boats or wheeled equipment for more than seventy two
19 (72) hours.This definition excludes vehicle sales,vehicle rental,tow truck operation/
auto impoundment yard,auto wrecking yard,outdoor storage,and indoor storage.
20 By the City of Renton's very definition of vehicle storage,outdoor storage of
vehicles is expressly excluded from that classification. Hence,even if vehicle storage is
21 not permitted on R8 property,the definition of vehicle storage expressly allows for
22 outdoor storage of vehicles and thus could be interpreted as being allowed even for a R8-
zoned property.Indeed,if outdoor and indoor storage of vehicles were prohibited across
23 all residentially-zoned properties,nearly every home in Renton would violate this
ordinance on its face as most homes possess vehicles stored in garages and driveways.
24 Mr.Neafus argues that he has been using the property for his vehicles since he
gained ownership,that it is not a junk yard,and that the vehicles parked on his lot include
25 two antique cars for collector reasons.The remaining vehicles are licensed,operable,and
Appeal-LUPA Simpson Law PLLC
6 539 Broadway
Tacoma,WA 98402
Ph.253.219.5225 Fax 253.295.5824
1 drivable,and thus all are considered personal property of Mr.Neafus rather than
"storage"as defined by the cited ordinance.The very notion of fining an individual for
2 collecting antique cars,or owning or maintaining vehicles for personal use,goes against
the very fabric of the fundamental rights of life,liberty and property as guaranteed by the
3 United States Constitution.
4 In raising the harassment issue in his appeal,Mr. Neafus preserved his objection
and at this time wishes to include a statement supporting this assertion.With permission
5 of the Court,Mr.Neafus et al is including as Exhibit A to this appeal a statement
6 regarding his continual conflict with the City of Renton.
7 V. PRAYER FOR RELIEF
8 WHEREFORE,having fully set forth his appeal of the decision of the Hearing Examiner,
Petitioner respectfully prays for the following relief:
9 1. That the Court reverse the decision by the City of Renton Hearing Examiner
10 concerning the four violations;
2. That the Court issue a protective order or injunction against the City of Renton in
11 favor of the Neafus family preventing future harassment by the city against Mr. and
12 Mrs. Neafus, as specific to land use violations;
3. Additional time to allow counsel to research the ordinance(s) in place during or prior
13 to the purchase of the property to ascertain legal nonconforming use status;
14 4. That the Court consider additional evidence not initially presented by Mr. Neafus
during the appeal before the Hearing Examiner of Renton;
15 5. That the Court award Petitioner such other relief as it determines to be fair and
16 equitable in the circumstances of the case.
17
RESPECTFULLY SUBMITTED this 25th day of October 2018.
18
Simpson Law PLLC
19
20
21
Richard M. Simpson WSBA No. 53162
22 Attorney for Petitioner
23
24
25
A eal LUPA Simpson Law PLLC
pP 7 539 Broadway
Tacoma,WA 98402
Ph.253.219.5225 Fax 253.295.5824
Denis Law Mayor ,
City Clerk-Jason A.Seth,CMC
October 10, 2018
Mr. Lenny Neafus
6205 24th St NE
Tacoma, WA 98422-3301
Re: Hearing Examiner's Decision
Code Case No: CODE-18-000046 & CODE-18-000048
Dear Mr. Neafus:
Attached is your copy of the Hearing Examiner's Decision dated October 7, 2018 in the above-
referenced matter.
If I can provide further information, please feel free to contact me.
Sincerely,
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
Lynne Hiemer, Administrative Secretary I
Sandra Pedersen, Finance
1055 South Grady Way,Renton,WA 98057 • (425)430-6510/Fax (425)430-6516 • rentonwa.gov
BEFORE THE HEARING EXAMINER OF
RENTON
DECISION
FILE NUMBER: CODE 18-000046 and CODE 18-000048
ADDRESS: Tax Parcel No. 172305-9001 and 172305-9004.
PROPERTY OWNER: Lenny Neafus
6205 24th St NE
Tacoma, WA 98422.
REVIEW AUTHORITY: City of Renton
TYPE OF CASE: Finding of Violation
DISPOSITION: $400 in fines sustained; fines due and owing within 30 days.
INTRODUCTION
Lenny Neafus appeals two Findings of Violation alleging numerous zoning code violations
resulting from an outdoor storage operation he has conducted on his property since 1997. Four of
the 12 total violations alleged in the two Findings of Violation are sustained for a total of$400 in
fines,due within 30 days of the issuance of this decision.
As previously noted, all of the violations alleged in the two FOVs arise from the Mr. Neafus'
outdoor storage operation. Mr. Neafus' primary defense is that his business is "grandfathered"
from when he established it in 1997. The legal term for "grandfather" status is legal
nonconforming use status. As discussed in Conclusion of Law No.4,Mr.Neafus' outdoor storage
operation does not qualify as a legal nonconforming use because commercial outdoor storage was
prohibited in 1997 when Mr.Neafus established his business and doesn't ever appear to have been
authorized after that date. This decision has taken an unusually long period of time to prepare
because several hundred City ordinances had to be reviewed to arrive at this conclusion. The
specific ordinances that lead to this conclusion are identified in Conclusion of Law No.4. All city
ordinances are available on-line and can also be inspected at the City Clerk's Office. The
reconsideration period for this decision is extended to October 26,2018 to give Mr.Neafus a full
opportunity to investigate his nonconforming use status, since it is recognized this is a key issue
to the survival of his longstanding business. If Mr. Neafus finds any errors in the hearing
examiner's analysis, he can request reconsideration and present the ordinances that he believes
authorized an outdoor storage business on his property. The benefit to the City in extending the
reconsideration period is that giving this opportunity to Mr. Neafus will conclusively and
permanently resolve the nonconforming use status of Mr.Neafus'property. If Mr.Neafus doesn't
Code Enforcement Decision- 1
request reconsideration or appeal this decision, it is very unlikely that any court would allow Mr.
Neafus to raise nonconforming use rights again in any future administrative or judicial
proceeding'.
At the appeal hearing, City staff indicated that the City did not have to consider nonconforming
use rights in code enforcement actions. As identified in the conclusions of law below,the property
owner has the burden of proof in establishing the facts for a nonconforming use. However, the
City is required to correctly apply the law. Under that law, current outdoor storage restrictions
don't apply to a commercial storage business that were authorized by the zoning code when
established. The Appellant' storage business has been in place for two decades. Mr. Neafus
notified the City of that fact in a written statement, Ex. 5, submitted to the City more than two
months before the appeal hearing. Given the decades of time that have elapsed since Mr.Neafus
started his business, it was reasonably possible that the storage business was lawfully established
and hence exempt from current outdoor storage restrictions, especially since the City has not
required the business to cease operations until now. Given these circumstances, the City should
have been prepared to demonstrate at the appeal hearing that City regulations prohibited outdoor
storage when the business was established.
Except for the residential parking violation (dismissed as a matter of law'), Mr. Neafus may well
have violated all the violations alleged in the Findings of Violation. Except for the residential
parking violation, a!! dismissed violations were dismissed due to lack of evidence. Five of the
violations were dismissed because the City provided insufficient evidence on the location of the
violations. The outdoor storage operation is located on two adjoining parcels. One FOV alleges
seven violations on the larger of the two parcels and the other FOV alleges five violations on the
smaller parcel. The five violations on the smaller parcel are identical to five of the violations
alleged for the larger parcel. There was no evidence in the record to establish upon which parcel
each violation occurred. If the FOVs had been addressed separately as initially presented by the
City, both would have been dismissed because there was no proof of location for either. Nothing
in the record helped establish that the equipment,cars and solid waste depicted in the photographs
and reports admitted into administrative record were located on one parcel as opposed to the other.
In order to avoid dismissal due to this technicality,this decision combines the two parcels into one
violation site, also collectively referred to as the "subject property." Since the five violations of
the smaller parcel duplicate the five alleged for the larger parcel, the duplicated violations are
dismissed from this appeal3.
The legal principle that would prevent Mr.Neafus from ever raising the nonconforming use argument again is the
judicial doctrine of finality. The doctrine of finality provides that once the appeals period for a land use decision
subject to the Land Use Petition Act, Chapter 36.70C RCW ("LUPA") has expired,the decision can no longer be
collaterally attacked in another administrative or judicial proceeding. See Nykreim Chelan County v. Nykreim, 146
Wn.2d 904(2002); Habitat Watch v. Skagit County, 155 Wn.2d 397(2005). Given that Mr.Neafus may not have
fully understood the complexities of nonconforming use law when he filed his appeal,there is the possibility that a
court will find the situation unfair and seek ways to circumvent the finality doctrine. Extending the reconsideration
period ensures that Mr.Neafus has been given full opportunity to defend his nonconforming use claim. The extension
also helps to ensure that the conclusions of this decision are accurate,which is clearly as important as ensuring that
the review process has been conducted fairly and conclusively.
2 See Conclusion of Law 7 below.
3 Arguably,duplicative violations could be assessed against Mr.Neafus for violations on the same violation site,e.g.
one violation of outdoor storage restriction per each vehicle stored and item of bulky waste stored. However,the City
has historically only assessed one violation per property for each code violation, e.g. one violation of the outdoor
Code Enforcement Decision-2
Another significant problem with the City's case is that staff identifies February 21, 20184 as the
date of violation in the FOVs but then only presented evidence that violations occurred on January
12,2018 and the day of hearing. Proving violations on the correct date is critically important since
the City's enforcement code states that each day of violation constitutes a separate violation. The
date of violation also locks in the restrictions that apply, since ordinances can be amended over
the course of an enforcement action. Finally, and perhaps most important,alleging a proper date
of violation is essential to provide due process notice to Mr.Neafus,who needs to know what date
a violation allegedly occurred in order to reasonably defend himself. The City would have been
more successful in its code enforcement action had it matched its date of violation with the bulk
of evidence presented(i.e.January 12, 2018).
HEARING
The appeal hearing of this case was held on August 16,2016,at 10:00 a.m.at the Renton City Hall
Council Chambers, Mason County Commissioner's Chambers, 1055 South Grady Way, Renton,
WA 98057.
TESTIMONY
[This summary of oral testimony should not be considered a part of the Final Decision. It is
solely provided for the convenience of the reader as an overview of testimony. Nothing in this
summary should be construed as a Finding of Fact or Conclusion of Law or signing any
priority or importance to the comments of any individual. No representations are made as to
accuracy. For an accurate rendition of the testimony, the reader is referred to the recording of
the hearing.]
Shuey, City of Renton Code Compliance Inspector, presented the City's case. He noted that the
code enforcement case narrative lists the violated codes, which include vehicle habitation on the
property, excess parking (the number of vehicles on the residential property exceeds four), and
unlawful storage (the zoning table does not allow outdoor storage on property, parking of
commercial vehicles on property, storage of motor vehicles on property, and shipping containers
on property). Both parcels are residentially zoned and are fully undeveloped. As undeveloped
residential properties,no outdoor storage is allowed.
Mr. Neafus asserted that one of the parcels wasn't always zoned for residential but at one point
was zoned for multi-family use. He has been occupying and using the properties in the same way
since he gained the property in 1997. He has engaged in no illegal activities on the property. He
motor vehicle storage restriction no matter how many vehicles are stored and one violation of the bulky waste
restriction no matter how many items of bulky waste are stored etc. Given that the codes can be interpreted as only
authorizing one violation per violation site and that the City would likely not have charged duplicative violations if
the two parcels were enforced as one violation site, this decision adheres to the practice of not alleging duplicative
code violations.
4 The"investigation date"identified on the Findings of Violation is construed as the date of violation,since no other
date is specified in the Finding of Violation form. The date of violation is an element of the offence because the
RMC 1-3-1(E)provides that each date of violation constitutes a separate violation. If the investigation date is not
construed as the date of violation,the Finding of Violation form would fail to allege an essential element of code
violations.
Code Enforcement Decision-3
r
has done no mining activities since gaining the property. Mr. Neafus stated that the gravel pit
operation probably ended in the early 1990s. He explained that part of the gravel pit was used for
a construction/debris landfill and was meant to eventually become a cemetery. Conflicts between
the contractor and Mount Olivet Cemetery resulted in abandonment of the cemetery project.
In response to the Examiner's request for a timeline regarding when vehicles were stored on the
property,Mr.Neafus responded that he has been using the property for his vehicles since he gained
ownership of the property. Mr. Neafus explained it is not a junk yard and there are different types
of vehicles stored there, including box trucks, antique cars, and regular cars. Outside of three
inoperable cars the rest and two antique cars,all vehicles are licensed,operable and drivable apart.
He's had a loader, excavator and bulldozer on the property since he bought it for his demolition
company.
Regarding what he considers to be grandfathered for the property, Mr. Neafus explained that he
rents parts of the property for storage, including shipping containers. He has been renting these out
for approximately 20 years. He has never operated the gravel pit. There is no junk on the property.
He has used it for storage since he bought the property.The shipping containers were added in1998
or 1999. The city gave him citations to clean up a part of the property that belongs to Puget Sound
Energy. He attempted to clean it up, but people were dumping on it, so he put up a fence. This
was also in 1998. The City told him that he needed to get someone to live on the property to
prevent people from dumping, so he did.
City Rebuttal/Final Comments
Mr. Shuey stated that he can't prove or disprove what was grandfathered. If Mr. Neafus bought
the property in 1997 as he claimed, and if none of these activities were occurring at that time,then
this is a violation. The property is well-hidden from public rights-of-way. Just because a use has
gone on for a long time, if it started as an illegal use it is still an illegal use.
Mr. Neafus noted that he has been dealing with the City for a long time regarding this property.
He has spent time and money trying to work with the city. He feels that he has been harassed by
the City. He has hauled lumber, firewood, and garbage off the property. He submitted receipts of
his hauling activities into evidence.
Mr. Shuey noted that the city has not been allowed on the property, so they have not seen any
evidence of abatement.
EXHIBITS
Exhibits 1-8 of Code File 180046 and Exhibits 1-8 of Code File 180048 were admitted into the
record during the April 10, 2018 hearing. Five photographs of the property taken on the day of
hearing by the City were admitted as Ex. 9. A 2006 Photo from the Phase 1 Environmental Site
Assessment for the former Mt. Olivet Landfill (Figure 2) was admitted as Ex. 10. Solid waste
disposal receipts submitted by Mr. Neafus were admitted as Ex. 11.
FINDINGS OF FACT
Code Enforcement Decision-4
1. Appellant. The Appellant is Lenny Neafus,6205 24th St NE, Tacoma, WA 98422.
2. Violation Site. The violation site is composed of two parcels, Tax Parcel No. 172305-
9001 and 172305-9004. More than 20 years ago, the violation site was used for a gravel pit. Mr.
Neafus acquired ownership of the property in 1997. Since that time, he has used the property for
outdoor storage of vehicles,equipment and storage containers.
3. Appeal. This decision addresses Mr. Neafus' appeal (Ex. 1 of both appeals) of two
Findings of Violation("FOV")issued against outdoor storage and related violations that allegedly
occurred on the violation site on February 21, 2018. The FOVs were both issued on February 21,
2018. The FOV for File No. CODE18-000048 alleges five code violations for Tax Parcel No.
172305-9001 and the FOV for File No. CODE18-000046 alleges seven code violations for
adjoining Tax Parcel No. 172305-9004. The five code violations asserted for CODE 18-000048
are all duplicated as five of the seven violations alleged for CODE18-000046.
4. Consolidation of hearing and parcels. The two appeals of the two FOVs identified in
Finding of Fact No.3 were consolidated into one appeal hearing on April 10,2018. All references
to "subject property" and "violation site" in this decision refer to the combination of Tax Parcel
No. 172305-9001 and 172305-9004. The City submitted some photographs and an undated list of
vehicles(Ex. 7 and 8)that were identical for each FOV. Five photographs taken on the date of the
hearing, April 10, 2018, were also submitted by the City. The photographs. undated vehicle list
and code compliance narratives was the only evidence presented in support of the alleged
violations. None of that evidence gave any indication as to which parcel the items listed or
photographed were located. For the date of violation, it cannot be determined upon which of the
two parcels any of the violations occurred.
5. Violations. For ease of reference, the findings of fact below are linked to the violation
numbers of Case No. 18-000046. All findings are based upon the violation located in the two
parcels identified in Finding of Fact No. 4 on February 21,2018.
A. Violation No. 1: The City presented no evidence to support the NOV assertion that a
trailer or any other vehicle or structure is being used for habitation on the subject
property. Mr. Neafus stated that the City required him to have someone live on the
property to prevent unauthorized dumping,so he did. However,from this testimony it
cannot be ascertained whether someone was still living on the property on the February
21,2018 date of violation and,more importantly,if the person is living in a recreational
vehicle,travel trailer,tent,or other temporary shelter.
B. Violation No. 2: Violation No. 1 requires the presence of a detached dwelling. No
evidence was presented of a detached dwelling on the property. The property records
submitted by the City, Ex. 3 to both appeals, identify no single-family dwelling on the
property. None of the pictures, the only evidence of code violations presented, shows
5 The code compliance narratives stated that"after researching the property"and after viewing photographs,Mr.Shuey
issued the FOVs under appeal. In the absence of any explanation as to how Mr. Shuey determined from the
photographs and"researching the property"that the violations occurred on one parcel as opposed to the other,there
is no way to ascertain whether Mr.Shuey's findings were based upon any reliable evidence or reasoning.
Code Enforcement Decision-5
al► -
any indication that a trailer or camper is being used as a dwelling. There is no basis to
conclude that a trailer or camper is currently being used for a dwelling.
C. Violation No. 3: Outdoor storage of solid waste that would not fit into a garbage can
was depicted in the 8:15 photograph of Ex. 8 of both appeals. Wood depicted in that
photograph may or may not qualify as solid waste, depending upon whether or not the
wood is still fit and intended for use by Mr.Neafus. However,the items leaning against
the red storage container are more likely than not solid waste, as they are composed of
siding and other construction debris that does not appear fit for reuse.
Beyond the photograph, the City presented no evidence on the existence of solid waste
on the subject property. A major problem with the photograph is that it wasn't taken
on the alleged violation dates of the appeals,but rather on January 12,2018,which was
more than a month prior to the February 21, 2018 date cited as the date of violation.
However, Mr.Neafus submitted receipts, Ex. 9, showing the deposit of several tons of
solid waste to solid waste receiving sites from dates ranging from February 11, 2018
through March 22,2018. Mr.Neafus stated this solid waste was taken from the subject
property. Combining the receipts with the January 12, 2018 8:15 photograph, it is
determined that more likely than not Mr. Neafus stored solid waste outdoors on the
subject property on February 21,2018 and that the solid waste included items that were
too large to fit into standard sized garbage containers.
D. Violation No. 4: The January 18, 2018 photographs show one piece of equipment in
the Ex. 8 photograph taken at 8:17 and the Ex. 7 list of vehicles found on the property
identifies a bulldozer,an excavator and a loader. Mr.Neafus testified during the appeal
that he's always had the bulldozer, excavator and loader on the subject property since
he purchased it in 1997. From this evidence it is determined that on February 21, 2018
Mr. Neafus stored equipment on this property that at the least was composed of the
bulldozer,excavator and loader.
E. Violation No.5: It cannot be determined that more likely than not the subject property
was used for overnight parking of business vehicles over one ton in size or trailers other
than recreational trailers. The City did not present any evidence on the weight of the
vehicles depicted in the Ex. 8 photographs or identified in the Ex. 7 list of vehicles.
The Ex. 8 photographs only showed two trucks (one shown in the 8:17 photo and the
flatbed in the 8:15 photo) large enough to clearly be above two tons in weight and of
such a size that they are more likely than not used for business purposes. The Ex. 7 list
identified four utility trailers, but the list wasn't dated and there's no information as to
how the list was compiled. Given that more than a month had expired between the time
when the photographs were taken on January 12, 2018 and the February 21, 2018
violation date, it cannot be determined more likely than not that those two trucks were
still on the property on February 21, 2018. Given the absence of virtually any
information on how and when the Ex. 7 list was compiled, it also cannot be concluded
that the four utility trailers identified in that list were on the property on February 21,
2018 either.
Code Enforcement Decision-6
F. Violation No. 6: The photographs of Ex. 8 to both appeals establish that the subject
property has been used to store at least one shipping container (one is seen in the
photograph marked as 8:15) but these photographs don't establish that the shipping
container(s) were present on the date of violation February 21, 2018. However, the
defendant acknowledged during the hearing that more than one shipping container is
located on the subject property. From this collective evidence it is concluded that more
likely than not the subject property was used for outdoor storage of one or more
shipping containers on February 21,2018,
G. Violation No.7: The Ex. 8 photographs to both appeals and an undated list of vehicles
submitted as Ex. 7 to both appeals identify dozens of motor vehicles and commercial
equipment located on the subject property. The evidence presented by the City on this
issue does not establish that these vehicles were present on the date of violation,
February 21,2018. However,photographs taken by the City on the date of the hearing,
April 10,2018,Ex. 10,show numerous motor vehicles still on the property. Mr.Neafus
acknowledged during the hearing that he uses the subject property to store several
motor vehicles. From these facts it is determined that more likely than not the subject
property was used for the outdoor storage of motor vehicles on February 21, 2018.
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. Burden of Proof. RMC 1-3-2(E)(3)(d) requires that violations alleged in an FOV be
established by a preponderance of evidence.
3. CODE18-000048 Dismissed. The five violations alleged in the FOV for CODE18-000048
are all replicated within the seven violations alleged in the FOV for CODE18-000046. As
identified in Finding of Fact No. 4, the two adjoining parcels for CODE18-000046 and CODEI8-
000048 have been consolidated into one violation site. As one violation site, the five violations
identified in CODE18-000048 should not be assessed penalties twice by the additional penalties
assessed by CODE18-000046 for the reasons identified in Finding of Fact No.3 and are therefore
dismissed.
The consolidation is actually in the best interests of the City. If the adjoining lots had not been
consolidated, both FOVs would have been dismissed. Without consolidation, the City had the
burden of proving that each alleged violation occurred on the specific parcel subject to the FOV.
As determined in Finding of Fact No. 4, there was no evidence presented that established upon
which of the two parcels each violation occurred. In the absence of such evidence,the City could
not have proven that the violations alleged in the CODE18-000048 FOV occurred on Parcel No.
172305-9001 or that the violations alleged in the CODE18-000046 FOV occurred on Tax No.
172305-9004. Proving the location of the violations is one of the required elements of proving
City's case. As that was not possible from the evidence presented if the FOVs were addressed
separately, both FOVs would have been dismissed.
Code Enforcement Decision-7
4. Nonconforming Use.Mr.Neafus did not contest most of the allegations made in the FOVs,
but rather asserted that he his use of the subject property was"grandfathered"as he argued in his
Warning of Violation response,filed with the City on February 5,2018. See Ex.5 to both appeals.
If the subject property was in fact grandfathered to outdoor storage as asserted by Mr.Neafus,the
code sections alleged as violated in the two FOVs of this appeal would be largely, if not entirely,
rendered inapplicable. After months of researching hundreds of City ordinances, it is concluded
that the property is not"grandfathered,"or more accurately, outdoor storage does not qualify as a
legal nonconforming use for the property. Since nonconforming use rights do not apply,the City
appropriately cited Mr.Neafus with code provisions that were in place on the date of violation.
Nonconforming use ordinances are likely not subject to vesting. See Graham Neighborhood Ass'n
v. F.G. Associates, 162 Wn. App. 98 (2011)(vested rights doctrine doesn't apply to procedural
requirements such as permit expiration). Consequently, the City's current nonconforming use
standards probably apply to Mr. Neafus' property. RMC 4-10-060 provides that "[aJny legally
established use existing at the time of enactment of this Code may be continued, although such use
does not conform to the provisions of this Title, provided it conforms with this Section." Under
this provision, if Mr. Neafus can prove that his outdoor storage operation was authorized by the
zoning code when6 it was established, he would not be subject to current restrictions on outdoor
storage. The initial burden of establishing a nonconforming use is on the property owner. Van
Sant v. Everett, 69 Wash. App. 641 (1973). In this case the City did not contest Mr. Neafus'
testimony that he started his storage business in 1997. Consequently, the evidentiary burden for
establishing the date that the alleged nonconforming use has been met. The difficult part of this
appeal is ascertaining what zoning laws applied when Mr.Neafus established his business in 1997.
The case law addressing burden of proof for nonconforming uses has only addressed the burden
on the property owner to establish the facts supporting the nonconforming use,not the law. Given
that the hearing examiner is tasked with correctly applying the law, it is concluded that it is the
examiner's responsibility to determine what laws applied to Mr. Neafus' property when he
established his storage business in 1997.
As previously noted,ascertaining the authorized uses for the property in 1997 involves a long and
tortured legal path. The first issue to be resolved is what zoning district applied to the property
when the storage business was established in 1997. Once the district is determined, the district
requirements that were in place in 1997 must be ascertained. The zoning classification for the
subject property was set by Renton Ordinance No. 4628 in 1996. Ordinance No. 4628 adopted a
zoning map for the entire City. No such map was adopted in 1997 (when Mr.Neafus established
his storage use). Ordinance No. 4628 sets the zoning for Mr.Neafus' property as R8 pursuant to
6 Arguably,Mr.Neafus is not limited to 1997 as the time he established his storage business. If there was any period
of time between 1997 and the present when commercial outdoor storage was authorized on Mr.Neafus'property,Mr.
Neafus might be able to claim that his business was "established" during that period and is thus protected as a
nonconforming use. The merits of such an argument need not be reached, because it doesn't appear there has ever
been any period of time since 1997 that outdoor storage was authorized on Mr.Neafus'property. However,not every
ordinance adopted after 1998 was reviewed in detail for this decision to ascertain whether there was any period when
outdoor storage was authorized. If Mr.Neafus wishes to make the argument that his business vested sometime after
1997,it is up to him to present the ordinance authorizing the use and the evidence necessary to establish that he was
operating an outdoor storage operation when the ordinance was in effect.
Code Enforcement Decision-8
Panel No. 5317 of the"zoning book"adopted by that ordinance. Consequently, Mr.Neafus' use
rights in 1997 are those authorized by the R8 zoning district in 1997.
In order to ascertain R8 requirements in 1997,the only way to find the applicable ordinances using
on-line City records is to work backwards from the R8 requirements in place today. From this
review,it is concluded that Ordinance No.4404,adopted in 1993,governed outdoor storage rights
for the subject property in 1997 when Mr. Neafus established his outdoor storage operation.
Currently, RMC 4-2-060(M), within a table of uses, expressly prohibits outdoor storage as a
primary use in the R8 zone. The legislative history notes to RMC 4-2-060 identifies several
ordinances as amending the table of uses, with the oldest identified as Ordinance No. 4736.
Ordinance 4736 was adopted in August, 1998, after Mr. Neafus established his storage use.
Ordinance 4736 also expressly prohibited outdoor storage in the R8 zone. Ordinance 4736 and
current RMC 4-2-060(M) both use a table that links specific usage rights to each of the City's
zoning districts. This use table was first adopted by Ordinance No. 4722, which also expressly
prohibited outdoor storage as a primary use in the R8 zone. Like Ordinance No. 4736, Ordinance
No. 4722 was adopted in 1998, after Mr. Neafus established his outdoor storage use. This was
also the first time that the City's zoning code expressly addressed outdoor storage in the R8 zone.
Prior to Ordinance No. 4722, usage rights were assigned to individual chapters for each separate
zoning classification and outdoor storage was prohibited because it wasn't expressly authorized.
Since Ordinance No.4722 and 4736 were adopted in 1998, they do not set the usage rights of Mr.
Neafus' property in 1997. Going further backwards in time through the ordinances, no pertinent
amendments were made to the R8 zone until the adoption of Ordinance No.4519,which converted
the "SF" classification to the "R" designation without any associated changes to the use rights in
the SF/R8 zone. Prior to adoption of Ordinance No. 4519, the most recent ordinance identifying
and/or amending the use rights in the SF zone was Ordinance No. 4404 in 1993. Ordinance No.
4404 adopted a complete interim zoning ordinance that included all the zoning use rights
applicable to the SF(now R8)zoning district. No amendments to the use rights regarding storage
or any other primary use was made to the SF district between the adoption of the Ordinance No.
4404 in 1993 and 1998. Consequently, the interim zoning ordinance adopted by Ordinance No.
4404 set the use rights for Mr. Neafus' property when he started his outdoor storage operation in
1997.
Chapter 4-31-5 of the interim ordinance (p. 56 of Ordinance No. 4404) governs the use rights for
the SF zoning district. It contains a section listing permitted primary uses, permitted secondary
uses,permitted accessory uses and authorized conditional uses. None of those sections authorizes
commercial outdoor storage. Section 4-31-5(C) provides that if a use isn't expressly authorized
as a primary, secondary, accessory or conditional use, the use is prohibited unless the City
determines that the use is consistent with the purpose of the zone and similar to the expressly
authorized uses. All of the uses authorized in the SF zone are residential in nature except for the
public and community uses typically associated with residential use such as schools and churches.
Commercial outdoor storage is nothing like the uses authorized in the SF zone. Consequently, it
As identified in the Testimony section of this decision, Mr.Neafus asserts that part of the violation site was zoned
multi-family. Ordinance No. 4628 shows that an insignificantly small portion of the violation site may have been
zoned multi-family in 1997. The parcel boundaries in Ordinance No.4628 don't match those of the parcel boundaries
depicted in the property records in Ex.3 of both appeals,so it is difficult to ascertain how much,if any,multi-family
zoning applied to the property. In any event,the use rights attaching to the applicable multi-family zoning district are
very similar to that of the R8 district and the multi-family zoning district also prohibited outdoor storage in 1997.
Code Enforcement Decision-9
must be concluded that commercial outdoor storage was not permitted in the SF zone at any time
in 1997.
5. Code Violations. The seven code violations alleged in the FOV for CODEl8-000046 are
all quoted below in italics and applied to the Findings of Fact of this decision through
corresponding Conclusions of Law.
Unlawful Habitation -Violation No 1,FOV 18-000046
RMC 4-4-030(1): Except as authorized in RMC 4-9-240, Temporary Use Permits, recreational
vehicles, travel trailers, tents, or other temporary shelters shall not be used for habitation.
6. Violation No. 1 is dismissed. As determined in Finding of Fact No.2A,there is insufficient
evidence to support a finding that a recreational vehicle, travel trailer,tent or other shelter is used
for habitation on the subject property.
Excess Parking-Violation No 2, FOV 18-000046
RMC 4-4-080(F)(10)(d): [For residential uses composed of detached dwellings] ... A maximum
of 4 vehicles may be parked on a lot, including those vehicles under repair and restoration, unless
kept within an enclosed building.
7. Violation No.2 is dismissed. As determined in Finding of Fact No.2B,there is no evidence
of a detached dwelling on the subject property. RMC 4-4-080(F)(10)(d) only sets a maximum
parking limit of four for uses that involve a detached dwelling.
Bulky Waste-Violation No 3, FOV 18-000046
RMC 8-1-4(E): Unlawful Storage of Bulky Waste:It shall be unlawful for any person in the City
to store, maintain, keep, retain, dump or accumulate bulky waste on private real property in the
City, except for any licensed ancillary disposal provider or licensed business in connection with
bulky waste collection or disposal in an area zoned for the collection or disposal of bulky waste.
RMC 8-1-2 "Bulky Waste" Definition: Large items of solid waste, including but not limited to
items such as furniture; large household appliances, including but not limited to refrigerators,
freezers, ovens, ranges, stoves, dishwashers, water heaters, washing machines, or clothes dryers;
junk vehicles, vehicle hulks or any parts thereof as defined in RMC 6-1-2, as now worded or
hereafter amended; and any other oversized solid wastes which would typically not fit into or be
permitted for collection as garbage in garbage cans.
8. Violation No.3 is sustained. As determined in Finding of Fact No.2C,the subject property
was used for outdoor storage of items of solid waste too large to fit into a standard sized garbage
can on February 21,2018. All elements of RMC 8-1-2(E)are met.
Outdoor Storage-Violation No 4,FOV 18-000046
Code Enforcement Decision- 10
F
Table RMC 4-2-060(M): [In the R8 zone the following is prohibited:] "Outdoor storage, new"
and "Outdoor Storage, existing."
RMC 4-11-190S ("Storage, Outdoor" Definition): The outdoor accumulation of material or
equipment for the purpose of sale, rental, use on site,or shipping to other locations. This definition
excludes hazardous material storage, warehousing and distribution, vehicle storage, and outdoor
retail sales.
9. Violation No. 4 is sustained. As determined in Finding of Fact No. 2D, a preponderance
of evidence establishes that the subject property is used for outdoor equipment storage. Mr.Neafus
testified that he uses the equipment for his demolition business. Since the equipment would have
to be transported to work sites,the equipment is considered to be stored for purposes of"shipping
to other locations."
Overnight Parking- Violation No 5, FOV 18-000046
RMC 10-10-12: It shall henceforth be unlawful to park within any residential zone (SR-1, SR-2,
R-1 through R-4, T and G)within the City from the hours of nine o'clock(9:00)P.M. to six o'clock
(6:00)A.M. the following types of vehicles:
A. All types trailers designed to be drawn by a motor vehicle except recreation trailers.
B. Buses and trucks used for business purposes in whole or in part excluding pickup or panel
trucks of less than one ton rated capacity.
10. Violation No.5 is dismissed. As determined in Finding of Fact No.2E,there is insufficient
evidence to establish that there were any trailers or commercial trucks over a ton in size that were
stored on the subject property on February 21, 2018.
Excess Outdoor Storage-Violation No 6,FOV 18-000046
RMC 4-5-130(B)(4): ... 308.9 Prohibited materials: Shipping containers and other similar
storage units do not qual5 as accessory buildings on residentially zoned properties, and are
prohibited. Hazardous materials are also prohibited for outdoor storage on residentially zoned
properties.
11. Violation No. 6 is sustained. As determined in Finding of Fact No. 2F, the evidence
establishes that at least one shipping container was stored outdoors on February 21, 2018.
Vehicle Storage-Violation No 7 ,FOV 18-000046
Table RMC 4-2-060(M): [In the R8 zone the following is prohibited:] "Vehicle Storage."
12. Violation No. 7 is sustained. As determined in Finding of Fact No. 2G, numerous motor
vehicles were stored outdoors on the subject property on February 21, 2018.
Code Enforcement Decision- 11
FINES
RMC 1-3-2(P):
1. The minimum penalty for the first violation shall be one hundred dollars (S100),
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 (5200), not including costs or court costs,fees, and
assessments.
3. The minimum penalty for the third violation of the same nature or a continuing
violation shall be three hundred dollars (5300), not including costs or court costs,fees,
and assessments.
4. After three (3) prior violations, whether they occurred at the same time or in
succession, the fourth violation shall constitute a gross misdemeanor. The Administrator
and/or CCI has the authority to submit the violations to the prosecutor for criminal
prosecution as provided in RMC 1-3-3.D.
13. As determined in prior conclusions of law, four of the seven violations are sustained. Each
is a first time violation which is subject to$100 per violation as required by RMC 1-3-2(P). Total
fines are$400.
DECISION
Four of the seven violations in the FOV for File No. CODE18-000046 are sustained. All
remaining violations in the FOV for File No. CODE18-000046 and File No.CODE18-000048 are
dismissed. Total fines are assessed as$400, due within 30 days of the issuance of this decision.
DATED this 7th day of October,2018.
Phi A.Olbcechts
City of Renton Hearing Examiner
NOTICE OF RIGHT FOR RECONSIDERATON AND APPEAL
Code Enforcement Decision- 12
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.
Reconsideration. The parties may file a request for reconsideration with the City Clerk at any time
up until October 26, 2018. New evidence may be presented in support of nonconforming use
arguments. No new evidence is otherwise permitted. The parties may request an additional
hearing if necessary to adequately evaluate new evidence pertaining to nonconforming use rights.
Code Enforcement Decision- 13
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CITY OF RENTON
141' ;` DEPARTMENT OF COMMUNITY AND
ECONOMIC DEVELOPMENT
REPORT TO THE HEARING EXAMINER, EXHIBITS
Project Name: Project Number:
Code Compliance Appeal Hearing CODE18-000048
Date of Hearing Staff Contact Violator Violation Location
TBD Rob Shuey Allenns Demolition& Parcel#172305-9001
425-430-7235 Excavating Inc./Lenny Neafus
The following exhibits were entered into the record: CITY OF RENTON
Exhibit 1: Appeal Request Dated 03-02-18 MAR 0 8 2018
Exhibit 2: Renton Code Compliance Narrative&Code Case Activity Report
RECEIVED
Exhibit 3: Property Owner Information CITY CLERK'S OFFICE
Exhibit 4: Warning of Violation with Posting Photo
Exhibit 5: Response to Warning of Violation Letter from Violator
Exhibit 6: Finding of Violation with Posting Photo
Exhibit 7: Warning of Violation Vehicle Documentation
Exhibit 8: Various Violation Photos (additional photos can be provided upon request)
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I 1805 Stewart St.
N. I1N1YQ 5[u�e W. 533t5
Tacoma,WA 98421
(800)949-5852
www.rarnvPrvl.r.nm
if2/05/18 09:13:48 Weight Ticket
Inv#: 061 Aoir Code: 013106
Ticket#59883
Transaction ID: 63
UR I E 6 Ttr& VEHICLE
w,-Issued K ,R t;<:- 02/09/2018; 09:09 AM ;� �';�= '2830
Tare 02/09/2018 09:06 AM Pia C23061C
G 102/09/2018 08:52 AM Dnver` LFI Construction
. rr
CUSTOMER PROJEC
R- #{ „` `10 01 • o m x
Name Cash Sales: Credit Card Name ' C,4 LFI Construction
Address 'Visa MasterCard Discover AMX Address
City/ST/Zp, City/STIZ
Darr; Loads=1 I lbs=4,880 I tons=2.44 Daily Status Loads=1 I lbs=4,880 I tons=2.44
County
Coup • v= 'Pierce County
Zip t, -PIERCE042
City Pierce-Tacoma
1 NODUL,I IAKL- GRO`S ! CORN v: 'O 1 Y UNIT PRICE NET PRICE
3200'Import Bright Mixed Wood 11,400 16,280 0 4,8801bs $20.00 $48.80
Remark TOTALS
ri- =. b ib``i 16,280
nt* 4,42t4 rs.;:_: 11,400
Net lbs ` 4,880
Net tons 2.44
Scale Master:Roxy Quantity: 0
Price $48.80
Tax. •
$0$0.00
Driver 1 f a wl tax::. �._ ;„ _ $48.801
Recovery 1 , Inc.
1805 Stewart St.
Tacoma,WA 98421
(800)949-5852
www.rmcnvervl.r•.nm
Weight Ticket
Ticket#60573
•Issued i 02/23/2018 02:21 PM ef '" ;t ' 2830
Tare , ,'-s 02/23/2018 02:18 PM Plate/Tag C23061 C
Gross 02/23/2018 01:54 PM Dnver LFI Construction
CUSTOMER I PROJEC T
` ,1000
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Name i hC x/}Cash Sales: Cash Name LFI Construction
Address. Address
City/ST/Zip- City/ST2tp
•
DailyyStatus ,Y Loads=1 lbs=3,060 I tons=1.53 Daily/,Status Loads=1 I lbs=3,060 I tons=1.53
County
-4 `' Pierce County
`Coun arti=.�
Zip g- ti:•PIERCE042
City . Pierce-Tacoma
REF.# PROLAJC 1 .IARC . .Ggo&; CORR, NL I IQ I Y I UN;I PRICE NE i.Y13ICE
3200 Import Bright Mixed Wood 11,640 14,700. 0 3,060 lbs $20.00 $30.60
Remark TOTALS
ro ,xRs f = = 14,700
11,640
Net Ibs 3,060
Net ons 1.53
Scale Master:Roxy Qt entity 4 0
$30.60
$0.00
Driver .' ; f�; , $30.60
s
Recovery 1 , Inc.
1805 Stewart St.
Tacoma,WA 98421
' (800)949-5852
www.reenvprvl.r..nm
•
Weight Ticket
Ticket#61944
DATE&TIME VEHICLE
l ► 03/21/2018 04:11 PM 2935
are 4g T`f 03/21/2018 03:59 PM Plate/Tag 'C 17162A
Gross: 03/21/2018 03:42 PM Driver ;Lenny Neafuf
CUSTOMER PROJECT
Re _-: Z ;1000 •r'". r1 r
-_. .. n 4 +. .r •ti
Name ,� ;Cash Sales: Cash Name T ' Lenny
Address ""# f
w4 y. Add r ;,x , f
Ctitty MIFF y
Daily , Loads=2 I lbs=3,500 I tons=1.75 (Dairy Status ,i Loads=1 I lbs=3,120 I tons=1.56
County _ .
4.. +''.`B"-', m Pierce County
Tip PIERCE042 •
City • Pierce-Tacoma
ki •._' yi -- .r; C ti'1 r (1:�TARE. O S I.CORR. NET/CrY . UNIT PRICE : NET PRICE
3200i Import Bright Mixed Wood 11,660 14,780 0 3,120 lbs $20.00' $31.20
Remark TOTALS
cfrer"--. :;: ` 14,780
Ei
�''t � 11,660
w'z-,
• , 3,120
NO•ti a, wt iI k' 1.56
Scale Master:DR Qusn ' , 0
Price:.:.;:..-.,.--57
_ a % $31.20
C.--r•--L---N 11(-4"-l)\r<-------- ,,,.
Driver $31.20
Robert Shuey •
From: Cynthia Moya
Sent: Tuesday, March 06, 2018 4:34 PM
To: Craig Burnell; Donna Locher; Robert Shuey
Subject: Neafus Code Compliance (086)
Attachments: Neafus Code Appeal (048).pdf
Follow Up Flag: Follow up
Flag Status: Flagged
Thank you,
Cindy Moya, City Clerk Specialist
City of Renton-Administrative Services/City Clerk Division
cmoya@rentonwa.gov
425-430-6513
•
1
EXHIBIT J
Denis Law Mayor
City Clerk-Jason A.Seth,CMC
March 12, 2018
Mr. Lenny Neafus
6205 24th St NE
Tacoma, WA 98422-3301
Re: Request for Code Compliance Violation Hearing
Code Case No: CODE18-000048
Dear Mr. Neafus:
The hearing that you requested to contest the validity of both Code Compliance Violation
Findings dated February 21, 2018, as referenced above has been scheduled for Tuesday,
April 10, 2018, on the 11:00 a.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 10:00 a.m. If your case is
called and you are not present, your appeal may be automatically denied.
I have enclosed a copy of the case file for your review. 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,
‘k/‘
Jason A. Seth
City Clerk
cc: Hearing Examiner
Craig Burnell, Building Official
Donna Locher, Code Compliance Inspector
Robert Shuey, Code Compliance Inspector
1055 South Grady Way,Renton,WA 98057 • (425)430-6510/Fax (425)430-6516 • rentonwa.gov
.Code Case No:CODE18-000048 Date:February 21,2018
Violation Address: Total Amount Due:$500.00
Parcel Number: 1723059001
NOTICE OF RENTON MUNICIPAL CODE VIOLATION
The City has elected to establish a non-judicial hearing and determination system to enforce Renton Municipal Codes(RMC)civil code
violations.Therefore a code violation penalty,consistent with RMC 1-3-2.P is imposed,not including any costs,fees or assessments.
You may respond in the following manner:
Er I deny creating,permitting to exist,maintaining or failing to eliminate the violation(s)and I am requesting a hearing to contest this
Finding of Violation.Appeal requests must be received by the Renton City Clerk's office within 15 days of the date of this Finding of
Violation. Please send me a hearing date.I promise to appear on that date.The administrator must prove by a preponderance of the
evidence that I committed the violation. I understand that under RMC 1-3-2.G that the administrator shall decide whether the
opportunity to be heard will be only in writing or in person,or both.The city is not required to call witnesses to testify at the hearing.
Pursuant to RMC 1-3-2.K,failure to attend the scheduled hearing makes the Finding of Violation final,and I may be subject to
additional costs if I fail to withdraw or resolve my appeal prior to the hearing date.I also understand that the city has not waived any
rights or remedies under the law.
Appeals should be mailed to: City of Renton Attention:
City Clerk
1055 S Grady Way
Renton,WA 98057
admit that I have created,permitted to exist, maintained or failed to eliminate the violation(s)and do not need or want any kind of
hearing.As a result,I have enclosed a check or money order(do not send cash)in the amount of$ . 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
1055 S Grady Way
Renton,WA 98057
Complete information below:(PLEASE PRINT
Name: L_olv) W6c-c116 City c?: .
Street or P.O. Box: bI 2.t-lettl St' Of'
MAR 2 2018
City: Tama, State: WA Zip: Gg421-1
?1i r
Telephone:Home: WI°' 72'Sci O Work:
7 Signature of Violator: r Date: 3 4,1 g
Page 3 of 3
RENTON CODE COMPLIANCE CODE18-000048
NARRATIVE March 08, 2018
Address: King County Parcel#172305-9001
Violator:
Allenns Demolition & Excavating Inc./Lenny Neafus
RMC Violations:
RMC 4-4-080 F
• Parking Spaces Required Based on Land Use regulates the number of allowed
parking spaces based on land uses,therefore�the code states for detached
dwellings in a residential zone: "a maximum of'4`vehicles may be parked on a
loft, including those vehicles under repair and restoration, unless kept within an
enc osed building."
RMC 8-1-41 E .
i
• Unlawful Storage of Bulky Waste: The City of Renton has adopted regulations
that governs bulky waste. The code states"It shall be unlawful for any person
in the city to store, mai6tain, keep, retain, dump or accumulate bulky waste on
private property in the City".
RMC 4-2-060
• This property is located in the R-8 zoning designation, RMC 4-2-060 Zoning Use
Table prohibits outdoor storage in an R-8 Zone.Therefore,this is to serve as
notice to discontinue any and all outdoor storage on the property. All items of
any kind, stored on the property, shall be removed.
RMC 4-2-060
• This property is located in the R-8 zoning designation, RMC 4-2-060 Zoning Use
Table prohibits motor vehicle storage in an R-8 Zone.
RMC 4-5-130 B 4(308.9)
• Prohibited Materials. Shipping containers and other similar storage units do
not qualify as accessory buildings on residentially zoned properties,
1
EXHIBIT a2
January 16, 2018:On or around this date I was approached about some photos that
were taken on 01-12-18 by Tim Lawless and Pat Miller on this parcel as a result of a
complaint regarding some grading within a critical area. A review of the photos showed
a number of violations on the property.
January 24, 2018: After researching the violations on the property, a Warning of
Violation, CODE18-000048 was issued to the property owner, Lenny Neafus.The
Warning of Violation was mailed via USPS Certified and USPS Priority. A copy of the
Warning of Violation was also emailed to Lenny Neafus and posted on the gate at the
entrance of the property on 01-25-18. The compliance date was 02-14-18.
February 5,0218: I received a response letter to the Warning of Violation from Lenny
Neafus. Further investigation made clear to me that the overnight parking of trucks is
probably not occurring on this parcel, and that the habitation of a RV is addressed in
CODE18-000046, so I removed these violations from this code case.
February 21, 2018: As I have not been allowed on the property to verify that any of the
violations have been resolved, a Finding of Violation was issued with a total of$500 in
fees.
March 8, 2018:As of the Creation of this narrative, I have not been permitted on the
property to verify that any of the violations have been resolved. I have met with Lenny
Neafus at the entrance of the property, and he has told me that he has been removing
vehicles from the property, but I am unable to verify it.
I certify under penalty of perjury under the laws of the state of Washington that the
foregoing is true and correct.
signed on in Renton, Washington
Rob Shuey, Code Compliance Inspector
2
CODE CASE ACTIVITY REPORT (CODE18-000048)
Assigned To: Rob Shuey Violator: Lenny Neafus Opened Date: 01/24/2018
Address: Owner: Lenny Neafus Closed Date:
Data Entry Date Created By Activity Type Activity Name Comments
01/24/2018 Rob Shuey Diary Log Warning of Violation 01-24-18 Outdoor Storage,Vehicle Storage,
Bulky Waste,Cargo Containers(Res Prop),
Habitation of RV,Commercial Vehicle
Overnight Parking.
01/26/2018 Rob Shuey Diary Log WOV posted on Front Gate 01-25-18 See posting of WOV on front gate in
document attachments dated 01-25-18
02/21/2018 Rob Shuey Diary Log Fnding of Violation 02-21-18 After numerus requests to the owner
to meet on the property to verify compliance,I
have not been contacted to meet. Issuing
Finding of Violation
March 07,2018 Page 1 of 1
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Warning of Violation Y o�
5 1423 1518 51 Denis Law Mayor , -
g11490149 ,sa '`
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USPS TRPCKING$ For Tndoa4 222-5851 y a
g,CUSTOMEA or WI1-8�-
RECEIPT Q
F/yTp
Community&Economic Development C.E. "Chip"Vincent,Administrator
Issued To: Date:January 24,2018
Lenny Neafus Code Case No: CODE18-000048
Allienns Demolition&Excavating Inc
6205 24th St NE Owner(Tax-Payer): Lenny Neafus, Allienns Demolition
Tacoma,WA 98422 Violation Address:
Parcel Number: 1723059001
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 2/14/2018. 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.
VIOLATION 1:Parking Allowed#in Residential Zone Investigation Date
01/24/2018
Violation Note:
Code Cited: RMC 4-4-080.F.10.d Parking, Loading and Driveway Regulations:Parking Spaces Required
Based on Land Use
Code Text:RMC 4-4-080.F.10.d Parking Spaces Required Based on Land Use regulates the number of
allowed parking spaces based on land uses, therefore, the code states for detached dwellings in
a residential zone: "a maximum of 4 vehicles may be parked on a lot, including those vehicles
under repair and restoration, unless kept within an enclosed building"
Corrective Action:RMC 4-4-080 E 10 d states that vehicles may only be parked on a residentially zoned property if
there is a detached dwelling unit on that property. In this regard, because there is no detached
dwelling unit on the property, that necessitates the parking of vehicles on the R-8 zoned property,
there can be no vehicle parking of any kind on the property.
VIOLATION 2:Bulky Waste Private Property Investigation Date
01/24/2018
Violation Note:
Code Cited: RMC 8-1-4.E 8-1-4 Unlawful Storage, Deposit, Disposal, Scavenging,and Hauling of Solid
Waste:Unlawful Storage of Bulky Waste
Code Text:RMC 8-1-4.E Unlawful Storage of Bulky Waste:The City of Renton has adopted regulations that
governs bulky waste. The code states"It shall be unlawful for any person in the city to store,
maintain, keep, retain, dump or accumulate bulky waste on private property in the City".
Bulky waste is defined as large items of solid waste, including but not limited to items such as
furniture, large household appliances, refrigerators,freezers, oven, ranges, stoves, dishwashers,
water heaters,washing machines,or clothes dryers:junk vehicles,vehicle hulks or any other
oversized solid wastes which would typically not fit into or be permitted for collection as garbage
Page 1 of 3
EXHIBIT •/
Investigation Date
VIOLATION 2:Bulky.Waste Private Property b1/24/2618
in garbage cans".
Corrective Action:Remove and properly dispose all bulky waste items stored on the property.Anything on your
property that has a value to you,and that you do not consider bulky waste or garbag4 is
considered outdoor storage.This property is located in the R-8 zoning designation, RMC 4-2-060
Zoning Use Table prohibits outdoor storage in an R-8 Zone.All items of any kind, stored on the
property, shall be removed.
Investigation Date
VIOLATION 3:Zoning Use Designation Violations 01/24/2018
Violation Note:
Code Cited: RMC 4-2-060 Zoning Use Table: Uses Allowed in Zoning Designations
Code Text:RMC 4-2-060 regulates uses allowed in specific zoning designations in the City.
Corrective Action:This property is located in the R-8 zoning designation, RMC 4-2-060 Zoning Use Table prohibits
motor vehicle storage in an R-8 Zone.Therefore, this is to serve as notice to discontinue any and
all motor vehicle storage on the property.All motor vehicles of any kind,stored on the property,
shall be removed. Motor Vehicles include, but are not limited to,trucks, recreational vehicles,
buses, boats, and heavy equipment,and similar size vehicles which have gross vehicle weights
greater than ten thousand(10,000)pounds, but excluding aircraft, motorcycles,passenger cars,
light trucks,vans,and similar size vehicles which have gross vehicle weights less than ten
thousand(10,000)pounds.
Investigation Date
VIOLATION 4:Prohibited Materials 01/24/2018
Violation Note:
Code Cited: RMC 4-5-130 Amended IPMC 308.9 Outdoor Storage: Prohibited Materials
Code Text:RMC 4-5-130.6.4;The City of Renton Municipal Code has specific regulations governing outdoor
storage,the amended IPMC 308.9 regarding prohibited materials states:
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.
Corrective Action:Remove all shipping/storage containers from this property.
n
VIOLATION 5:VEHICLES, HABITATION OF RECREATIONAL Inve 01/2424ga/200o8 Date
18
Violation Note:
Code Cited: CODE 4-4-030 I
Code Text:Vehicles, Habitation of Recreational 4-4-030 I:The City of Renton has adopted regulations
governing what people use for dwellings.The municipal code states"except as authorized in
RMC 4-9-240,temporary use permits, recreational vehicles,travel trailers, tents,or other
temporary shelters shall not be used for habitation."
Corrective Action:Discontinue use of the camp trailer and/or motor home, as a dwelling and remove from the
property pursuant to the Zoning Use Designation Violation for Motor Vehicle Storage.
Page 2 of 3
Investigaton Date
VIOLATION 6: Parkmg Overnight Prohibited-Commercial Vehidles • 01l24Y1018
Violation Note:
Code Cited: RMC 10-10-12 Parking Regulations:Overnight Parking of Certain Vehicles Prohibited
Code Text:RMC 10-10-12 Overnight Parking of Certain Vehicles Prohibited
It shall henceforth be unlawful to park within any residential zone within the City from the hours of
nine o'clock(9:00)P.M.to six o'clock(6:00)A.M.the following types of vehicles:
A. All types trailers designed to be drawn by a motor vehicle except recreation trailers.
B. Buses and trucks used for business purposes in whole or in part excluding pickup or panel
trucks of less than one ton rated capacity.
Corrective Action:This property is located in a residentially zoned area,therefore,discontinue the parking of the
commercial vehicle in the residential area. Additionally, RMC 4-4-080 E 10 d states that vehicles
may only be parked on a residentially zoned property if there is a dwelling unit on that property.
Investigation Date
VIOLATION 7:Zoning Use Designation Violations 01/24/2018
Violation Note:
Code Cited: RMC 4-2-060 Zoning Use Table: Uses Allowed in Zoning Designations
Code Text:RMC 4-2-060 regulates uses allowed in specific zoning designations in the City.
Corrective Action:This property is located in the R-8 zoning designation, RMC 4-2-060 Zoning Use Table prohibits
outdoor storage in an R-8 Zone.Therefore,this is to serve as notice to discontinue any and all
outdoor storage on the property. All items of any kind, stored on the property, shall be removed.
Issued By: Rob Shuey
Code Compliance Inspector
425-430-7235
rshuey@rentonwa.gov
Page 3 of 3
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Lenny Neafus
Lake Washington View Cemetery
6205 24th St NE
Tacoma WA 98422
206.372.8990
Ldneafus@yahoo.com CITYRof��r,T�;,
RE(''=1VFn
FEB 5 2018
February 5,2018
Code Case No:CODE18-000048 DEVELOPMENT
SERVI E^
Parcel Number: 1723059001
Response to Warning of Violation
VIOLATION 1 Parking Allowed#In Residential Zone
I deny that a violation has been committed. Although it is zoned R8,the land is part of a 14 acre site
which is gated. The site was formally part of a gravel pit. It has private roads and parking areas. It has a
loading dock for semi-trucks. The roads and parking areas were designed for heavy trucks and
equipment and has been used in such a way for over 50 years. It also has a concrete building 25'tall,
with a large steel garage door.
The property is thus grandfathered in for its present use.
VIOLATION 2:Bulky Waste Private Property
I deny that any solid waste has been hauled into the site or bulky waste. There is an old RV on the site
that will be removed. All other cars function and are drivable.
Corrective Action: I will go through the property to better organize and remove out door storage that
may be considered solid waste.
VIOLATION 3: Zoning Use Designation Violations
Although it is zoned R8,the land is part of a 14 acre site which is gated. The site was formally part of a
gravel pit. It has private roads and parking areas. It has a loading dock for semi-trucks. The roads and
parking areas were designed for heavy trucks and equipment and has been used in such a way for over
50 years. It also has a concrete building 25'tall,with a large steel garage door.
The property is thus grandfathered in for its present use.
VIOLATION 4: Prohibited Materials
The shipping containers have been on this site since 1999 and are in good working condition and have
been used for storage. No hazardous materials have been on site.
EXHIBIT $
The property is thus grandfathered in for its present use.
VIOLATION 5: Vehicles,Habitation of Recreational
Habitation was required by the City of Renton since 1999 because of vandalism,crime,homeless moving
in,Jim Colt of Mt Olivet Cemetery and safety of people and animals. Someone needs to be on site.
VIOLATION 6: Parking Overnight Prohibited-Commercial Vehicles
Although it is zoned R8,the land is part of a 14 acre site which is gated. The site was formally part of a
gravel pit. It has private roads and parking areas. It has a loading dock for semi-trucks. The roads and
parking areas were designed for heavy trucks and equipment and has been used in such a way for over
50 years. It also has a concrete building 25'tall,with a large steel garage door.
The property is thus grandfathered in for its present use.
VIOLATION 7: Zoning Use Designation Violations
Although it is zoned R8,the land is part of a 14 acre site which is gated. The site was formally part of a
gravel pit. It has private roads and parking areas. It has a loading dock for semi-trucks. The roads and
parking areas were designed for heavy trucks and equipment and has been used in such a way for over
50 years. It also has a concrete building 25'tall,with a large steel garage door.
The property is thus grandfathered in for its present use.
Respectfully submitted,
Lenny Neafus '
Lake Washington View Cemetery
Finding of Violation ; Y °A'
14 9 111g9333 2 67
45 Denis Law Mayor +
USPSTttACKNGR 911a 908"iz? �
RECEIPT [,
_FNT�
Community&Economic Development C.E."Chip"Vincent,Administrator
Issued To: Date: February 21,2018
Code Case No: CODE18-000048
Lenny Neafus Owner(Tax-Payer): Lenny Neafus,Allienns Demolition&
Allienns Demolition& Excavating Inc Excavating Inc
6205 24th St NE Violation Address:
Tacoma,WA 98422 Parcel Number: 1723059001
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):
VIOLATION 1: Parking Allowed#in Residential Zone Investigation Date
02/21/2018
Code Text: RMC 4-4-080.F.10.d Parking Spaces Required Based on Land Use regulates the number of allowed
parking spaces based on land uses,therefore,the code states for detached dwellings in a residential
zone: "a maximum of 4 vehicles may be parked on a lot, including those vehicles under repair and
restoration, unless kept within an enclosed building."
Corrective Action: RMC 4-4-080 E 10 d states that vehicles may only be parked on a residentially zoned property if there
is a detached dwelling unit on that property. In this regard, because there is no detached dwelling unit
on the property,that necessitates the parking of vehicles on the R-8 zoned property, there can be no
vehicle parking of any kind on the property.
Fees: Description Amount
CODE-First Violation Fee $100.00
Violation 1 Subtotal: $100.00
VIOLATION 2: Bulky Waste Private Property Investigation Date
02/21/2018
Code Text: RMC 8-1-4.E Unlawful Storage of Bulky Waste:The City of Renton has adopted regulations that
governs bulky waste. The code states"It shall be unlawful for any person in the city to store,maintain,
keep, retain,dump or accumulate bulky waste on private property in the City".
Bulky waste is defined as large items of solid waste, including but not limited to items such as furniture,
large household appliances,refrigerators,freezers, oven,ranges,stoves, dishwashers,water heaters,
washing machines,or clothes dryers:junk vehicles,vehicle hulks or any other oversized solid wastes
which would typically not fit into or be permitted for collection as garbage in garbage cans".
Corrective Action: Remove and properly dispose all bulky waste items stored on the property.Anything on your property
that has a value to you, and that you do not consider bulky waste or garbage is considered outdoor
storage.This property is located in the R-8 zoning designation, RMC 4-2-060 Zoning Use Table
prohibits outdoor storage in an R-8 Zone.All items of any kind,stored on the property,shall be
removed.
Fees: Description Amount
CODE-First Violation Fee $100.00
Violation 2 Subtotal: $100.00
Page 1 of 3
EXHIBIT 6
x Inveshgatbnnl ate
VIOLATION 3 Zoning Use Designation Violations ` �� �y '02/2172018
Code Text: RMC 4-2-060 regulates uses allowed in specific zoning designations in the City.
Corrective Action: This property is located in the R-8 zoning designation, RMC 4-2-060 Zoning Use Table prohibits motor
vehicle storage in an R-8 Zone.Therefore,this is to serve as notice to discontinue any and all motor
vehicle storage on the property.All motor vehicles of any kind, stored on the property,shall be
removed.Motor Vehicles include,but are not limited to,trucks, recreational vehicles,buses, boats,and
heavy equipment,and similar size vehicles which have gross vehicle weights greater than ten thousand
(10,000)pounds,but excluding aircraft,motorcycles,passenger cars,light trucks,vans, and similar
size vehicles which have gross vehicle weights less than ten thousand(10,000)pounds.
Fees: Description Amount
CODE-First Violation Fee $100.00
Violation 3 Subtotal: $100.00
VIOLATION 4: Prohibited Materials Investigation Date
02/21/2018
Code Text: RMC 4-5-130.B.4,The City of Renton Municipal Code has specific regulations governing outdoor
storage, the amended IPMC 308.9 regarding prohibited materials states:
Prohibited Materials.Shipping containers and other similar storage units do not quality as accessory
buildings on residentially zoned properties,and are prohibited. Hazardous materials are also prohibited
for outdoor storage on residentially zoned properties.
Corrective Action: Remove all shipping/storage containers from this property.
Fees: Description Amount
CODE-First Violation Fee $100.00
Violation 4 Subtotal: $100.00
,- VIOLATION 5:Zoning Use Designation Violations Investigation Date
02/21/2018
Code Text: RMC 4-2-060 regulates uses allowed in specific zoning designations in the City.
Corrective Action: This property is located in the R-8 zoning designation,RMC 4-2-060 Zoning Use Table prohibits
outdoor storage in an R-B Zone.Therefore,this is to serve as notice to discontinue any and all outdoor
storage on the property.All items of any kind, stored on the property,shall be removed.
Fees: Description Amount
CODE-First Violation Fee $100.00
Violation 5 Subtotal: $100.00
Total Amount Due: $500.00
Payment of$500.00 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.
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: 0`.2i—e
Issued By:Rob Shuey
Code Compliance Inspector
425-430-7235
rshuey®rentonwa.gov
Page 2 of 3
Code Case No:CODE18-000048 Date: February 21,2018
Violation Address: Total Amount Due:$500.00
Parcel Number: 1723059001
NOTICE OF RENTON MUNICIPAL CODE VIOLATION
The City has elected to establish a non-judicial hearing and determination system to enforce Renton Municipal Codes(RMC)civil code
violations.Therefore a code violation penalty,consistent with RMC 1-3-2.P is imposed,not including any costs,fees or assessments.
You may respond in the following manner:
I deny creating,permitting to exist,maintaining or failing to eliminate the violation(s)and I am requesting a hearing to contest this
Finding of Violation.Appeal requests must be received by the Renton City Clerk's office within 15 days of the date of this Finding of
Violation.Please send me a hearing date.I promise to appear on that date.The administrator must prove by a preponderance of the
evidence that I committed the violation.I understand that under RMC 1-3-2.G that the administrator shall decide whether the
opportunity to be heard will be only in writing or in person,or both.The city is not required to call witnesses to testify at the hearing.
Pursuant to RMC 1-3.2.K,failure to attend the scheduled hearing makes the Finding of Violation final,and I may be subject to
additional costs if I fail to withdraw or resolve my appeal prior to the hearing date. I also understand that the city has not waived any
rights or remedies under the law.
Appeals should be mailed to: City of Renton Attention:
City Clerk
1055 S Grady Way
Renton,WA 98057
I admit that I have created,permitted to exist,maintained or failed to eliminate the violation(s)and do not need or want any kind of
hearing.As a result, I have enclosed a check or money order(do not send cash)in the amount of$ -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
1055 S 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
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Vehicles and equipment on the property include but are not limited to the following; a white
International plow/dump truck (license unknown),a white/black 1995 GMC flatbed license B79634V, a
white 2003 Ford cargo van license C96350A(expired 05-23-17), a red 1999 Ford pickup license B33709Z
(expired 10-06-16), a 1986 Ford pickup license C30212C, a white 1994 International flatbed truck license
B74263T(expired 07-19-13), a white 2005 Chevrolet pickup license C32686A(unlicensed), a blue 1988
Toyota pickup license B33852F (expired 12-23-17), a gray 1996 Ford Taurus license BFB2066,a gray 1996
Nissan Sentra license AYT5575, a black 1996 Honda Accord license BHY2317, a blue 2004 Acura TSX
license AUU7838, a silver 2005 Hyundai Elantra license AHR0481, a unknown white cargo truck Utah?
Plate E3498Y?, a Dodge motorhome License 791XGM (plate expired),a gold 2015 Chrysler van license
AZW8169, a red 1985 Chevrolet pickup license B27449F, a black Toyota pickup license B89927N (expired
04-06-17),a red 1985 Ford Bronco license BAZ6960, a green 1993 Acura Vigor license BHW5441, a black
2006 Volkswagen Touareg license BCB8452, a white Mini Couper year and license unknown, a white
1989 Ford truck license B01168T(expired 06-09-17),a 2014 Volvo Tractor Truck license 64742RP, a black
2002 Volvo Tractor Truck license 30638RP(expired 01-28-17),a maroon 1978 Chevrolet pickup license
844291(expired 06-30-94),a blue&white Ford pickup year and license unknown, a green Ford pickup
year and license unknown,a red 4 door pickup license make and model unknown,a green extended cab
pickup license make and model unknown, a white SUV license make and model unknown, a white with
grey trim RV license make and model unknown, a travel trailer RV license make and model unknown, a
white 2008 freightliner truck license C97825H, a minimum of 4 utility trailers and 1 tow dolly(license's
unknown), a blue ford dump truck year and license unknown, a Bobcat front end loader, a caterpillar
Dozer, a Takeuchi Mini Excavator.
EXHIBIT 7
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Code Case No:CODE18-000048
Date: February 21, 2018
Violation Address: Total Amount Due:$500.00
Parcel Number: 1723059001
NOTICE OF RENTON MUNICIPAL CODE VIOLATION
The City has elected to establish a non-judicial hearing and determination system to enforce Renton Municipal Codes(RMC)civil code
violations.Therefore a code violation penalty,consistent with RMC 1-3-.2.P is imposed, not including any costs, fees or assessments.
You may respond in the following manner:
yrI deny creating,permitting to exist, maintaining or failing to eliminate the violation(s)and I am requesting a hearing to contest this
Finding of Violation. Appeal requests must be received by the Renton City Clerk's office within 15 days of the date of this Finding of
Violation. Please send me a hearing date. I promise to appear on that date.The administrator must prove by a preponderance of the
evidence that I committed the violation. I understand that under RMC 1-3-2.G that the administrator shall decide whether the
opportunity to be heard will be only in writing or in person, or both.The city is not required to call witnesses to testify at the hearing.
Pursuant to RMC 1-3-2.K, failure to attend the scheduled hearing makes the Finding of Violation final, and I may be subject to
additional costs if I fail to withdraw or resolve my appeal prior to the hearing date. I also understand that the city has not waived any
rights or remedies under the law.
Appeals should be mailed to: City of Renton Attention:
City Clerk
1055 S Grady Way
Renton,WA 98057
El I admit that I have created, permitted to exist, maintained or failed to eliminate the violation(s)and do not need or want any kind of
hearing.As a result, I have enclosed a check or money order(do not send cash)in the amount of$ . 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
1055 S Grady Way
Renton,WA 98057
Complete information below: (PLEASE PRINT
Name: Lem }J,ea
Street or P.O. Box: k/-C 24 , St. NE
MAR 2 1018
City: Tow i a State: W
Zip: GB42.47.-1
Telephone: Home: '2pb'3?2•'ggO Work:
Signature of Violator: r`� Date: 3.2 I g
7
Page 3 of 3
Denis Law Mayor
I,
City Clerk-Jason A.Seth,CMC
March 12, 2018
Mr. Lenny Neafus
6205 24th St NE
Tacoma, WA 98422-3301
Re: Request for Code Compliance Violation Hearing
Code Case No: CODE18-000046
Dear Mr. Neafus:
The hearing that you requested to contest the validity of both Code Compliance Violation
Findings dated February 21, 2018, as referenced above has been scheduled for Tuesday,
April 10,2018, on the 11:00 a.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 10:00 a.m. If your case is
called and you are not present, your appeal may be automatically denied.
I have enclosed a copy of the case file for your review. 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 . Seth
City Clerk
cc: Hearing Examiner
Craig Burnell, Building Official
Donna Locher, Code Compliance Inspector
Robert Shuey, Code Compliance Inspector
1055 South Grady Way,Renton,WA 98057 • (425)430-6510/Fax (425)430-6516 • rentonwa.gov
CITY OF RENTON
+ O
DEPARTMENT OF COMMUNITY AND
3'-- ECONOMIC DEVELOPMENT
"`` `- REPORT TO THE HEARING EXAMINER, EXHIBITS
Project Name: Project Number:
Code Compliance Appeal Hearing CODE18-000046
Date of Hearing Staff Contact Violator
Violation Location
TBD Rob Shuey Lenny Neafus Parcel#172305-9004
425-430-7235
CITY OF RENTON
The following exhibits were entered into the record:
Exhibit 1: Appeal Request Dated 03-02-18 MAR 0 8 2018
Exhibit 2: Renton Code Compliance Narrative&Code Case Activity Report RECEIVED
Exhibit 3: Property Owner Information CITY CLERK'S OFFICE
Exhibit 4: Warning of Violation with Posting Photo
Exhibit 5: Response to Warning of Violation Letter from Violator
Exhibit 6: Finding of Violation with Posting Photo
Exhibit 7: Warning of Violation Vehicle Documentation
Exhibit 8: Various Violation Photos (additional photos can be provided upon request)
"--7-
TY OF
-- CI
e n . :,
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Robert Shuey
From: Cynthia Moya
Sent: Tuesday, March 06, 2018 4:34 PM
To: Craig Burnell; Donna Locher; Robert Shuey
Subject: Neafus Code Compliance (046)
Attachments: Neafus code appeal (046).pdf
Follow Up Flag: Follow up
Flag Status: Flagged
Thank you,
Cindy Moya,City Clerk Specialist
City of Renton-Administrative Services/City Clerk Division
cmoya prentonwa.gov
425-430-6513
•
1 EXHIBIT
Code Case No: CODE18-000046
Violation Address: Date:February 21,2018
Parcel Number: 1723059004 Total Amount Due:$700.00
NOTICE OF RENTON MUNICIPAL CODE VIOLATION
The City has elected to establish a non judicial hearing and determination system to enforce Renton Municipal Codes(RMC)civil code
violations.Therefore a code violation penalty,consistent with RMC 1-3-2.P is imposed,not including any costs,fees or assessments.
You may respond in the following manner:
yi I deny creating,permitting to exist,maintaining or failing to eliminate the violation(s)and I am requesting a hearing to contest this
Finding of Violation.Appeal requests must be received by the Renton City Clerk's office within 15 days of the date of this Finding of
Violation.Please send me a hearing date.I promise to appear on that date.The administrator must prove by a preponderance of the
evidence that I committed the violation.I understand that under RMC 1-3-2.G that the administrator shall decide whether the
opportunity to be heard will be only in writing or in person,or both.The city is not required to call witnesses to testify at the hearing.
Pursuant to RMC 1-3-2.K,failure to attend the scheduled hearing makes the Finding of Violation final,and I may be subject to
additional costs if I fail to withdraw or resolve my appeal prior to the hearing date. I also understand that the city has not waived any
rights or remedies under the law.
Appeals should be mailed to. City of Renton Attention:
City Clerk
1055 S Grady Way
Renton,WA 98057
I admit that I have created,permitted to exist, maintained or failed to eliminate the violation(s)and do not need or want any kind of
hearing.As a result,I have enclosed a check or money order(do not send cash)in the amount of$ . 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 r,,i1Y OF
1055 S Grady Way .?�, ,
Renton,WA 98057
MAR 2 2111.E
Complete information below:(PLEASE PRINT
Name: LeVAY1 (Ba s
Street or P.O.Box: G2 0 6 2�t1i1 N
City: Ta cbm a State: ‘14 N Zip: Q 2,
Telephone:Home: WO'3 -"b990 Work-
Sig nature of Violator: (4f-^7 �_ Date: 3'2'f g
Page 4 of 4
RENTON CODE COMPLIANCE CODE18-000046
NARRATIVE March 08, 2018
Address: King County Parcel#172305-9004
Violator: Lenny Neafus
RMC Violations:
RMC 4-4-030 I
• Vehicles, Habitation of Recreational 4-4-030 I: The City of Renton has adopted
regulations governing what people use for dwellings.The municipal code states
"except as authorized in RMC 4-9-240, temporary use permits, recreational
vehicles, travel trailers, tents, or other temporary shelters shall not be used for
habitation."
RMC 4-4-080 F
• Parking Spaces Required Based on Land Use regulates the number of allowed
parking spaces based on land uses,therefore,the code states for detached
dwellings in a residential zone: "a maximum of 4 vehicles may be parked on a
lot, including those vehicles under repair and restoration, unless kept within an
enclosed building."
RMC 8-1-4 E
• Unlawful Storage of Bulky Waste:The City of Renton has adopted regulations
that governs bulky waste.The code states"It shall be unlawful for any person
in the city to store, maintain, keep, retain, dump or accumulate bulky waste on
private property in the City".
RMC 4-2-060
• This property is located in the R-8 zoning designation, RMC 4-2-060 Zoning Use
Table prohibits outdoor storage in an R-8 Zone.Therefore,this is to serve as
notice to discontinue any and all outdoor storage on the property. All items of
any kind, stored on the property, shall be removed.
RMC 10-10-12
• It shall henceforth be unlawful to park within any residential zone within the
City from the hours of nine o'clock(9:00) P.M. to six o'clock(6:00)A.M. the
following types of vehicles:
1
EXHIBIT
A. All types trailers designed to be drawn by a motor vehicle except recreation
trailers.
B. Buses and trucks used for business purposes in whole or in part excluding
pickup or panel trucks of less than one ton rated capacity.
RMC 4-2-060
• This property is located in the R-8 zoning designation, RMC 4-2-060 Zoning Use
Table prohibits motor vehicle storage in an R-8 Zone.
RMC 4-5-130 B 4 (308.9)
• Prohibited Materials. Shipping containers and other similar storage units do
not qualify as accessory buildings on residentially zoned properties,
January 16, 2018: On or around this date I was approached about some photos that
were taken on 01-12-18 by Tim Lawless and Pat Miller on this parcel as a result of a
complaint regarding some grading within a critical area. A review of the photos showed
a number of violations on the property.
January 24, 2018:After researching the violations on the property, a Warning of
Violation, CODE18-000046 was issued to the property owner, Lenny Neafus. The
Warning of Violation was mailed via USPS Certified and USPS Priority. A copy of the
Warning of Violation was also emailed to Lenny Neafus and posted on the gate at the
entrance of the property on 01-25-18. The compliance date was 02-08-18.
February 5, 0218: I received a response letter to the Warning of Violation from Lenny
Neafus.
February 21, 2018: As I have not been allowed on the property to verify that any of the
violations have been resolved, a Finding of Violation was issued with a total of$700 in
fees.
March 8, 2018:As of the Creation of this narrative, I have not been permitted on the
property to verify that any of the violations have been resolved. I have met with Lenny
Neafus at the entrance of the property, and he has told me that he has been removing
vehicles from the property, but I am unable to verify it.
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
Rob Shuey, Code Compliance Inspector
2
CODE CASE ACTIVITY REPORT (CODE18-000046)
Assigned To: Rob Shuey Violator: Lenny Neafus. Opened Date: 01/24/2018
Address: Owner: Lenny Neafus. Closed Date:
Data Entry Date Created By Activity Type Activity Name Comments
01/24/2018 Rob Shuey Diary Log Warning of Violation 01-24-18 Outdoor Storage,Vehicle Storage,
Vehicle Parking,Bulky Waste,Cargo
Containers(Res Prop),Habitation of RV,
Commercial Vehicle Overnight Parking.
01/26/2018 Rob Shuey Diary Log WOV Posted on Front Gate 01-25-18 See posting of WOV on front gate in
document attachments dated 01-25-18
02/21/2018 Rob Shuey Diary Log Finding of Violation 02-21-18 After numerus requests to the owner
to meet on the property to verify compliance,I
have not been contacted to meet. Issuing
Finding of Violation
March 07,2018 Page 1 of 1
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RECEIPT F N T
Community& Economic Development C.E. "Chip"Vincent,Administrator
Issued To: Date:January 24,2018
Code Case No:CODE18-000046
Lenny Neaf us.
LFI Construction LLC
6205 24th St NE Owner(Tax-Payer): Lenny Neaf us., LFI Construction LLI
Tacoma,WA 98422 Violation Address:
Parcel Number: 1723059004
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 2/8/2018. 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.
VIOLATION 1:VEHICLES,HABITATION OF RECREATIONAL Investigation Date
01/24/2018
Violation Note:
Code Cited: CODE 4-4-030 I
Code Text:Vehicles,Habitation of Recreational 4-4-030 I:The City of Renton has adopted regulations
governing what people use for dwellings.The municipal code states"except as authorized in
RMC 4-9-240,temporary use permits, recreational vehicles,travel trailers,tents,or other
temporary shelters shall not be used for habitation."
Corrective Action:Discontinue use of the camp trailer and/or motor home,as a dwelling and remove from the
property pursuant to the Zoning Use Designation Violation for Motor Vehicle Storage.
Investigation Date
VIOLATION 2: Parking Allowed #in Residential Zone 01/24/2018
Violation Note:
• Code Cited: RMC 4-4-080.F.10.d Parking, Loading and Driveway Regulations: Parking Spaces Required
Based on Land Use
Code Text:RMC 4-4-080.F.10.d Parking Spaces Required Based on Land Use regulates the number of
allowed parking spaces based on land uses,therefore,the code states for detached dwellings in
a residential zone:"a maximum of 4 vehicles may be parked on a lot,including those vehicles
under repair and restoration, unless kept within an enclosed building."
Corrective Action:RMC 4-4-080 E 10 d states that vehicles may only be parked on a residentially zoned property if
there is a detached dwelling unit on that property. In this regard,because there is no detached
dwelling unit on the property,that necessitates the parking of vehicles on the R-8 zoned property,
there can be no vehicle parking of any kind on the property.
Page 1 of 3
EXHIBIT W
•
VIOLATION 3:Bulky Waste Private property Investigation Date
01/24/2018
Violation Note:
Code Cited: RMC 8-1-4.E 8-1-4 Unlawful Storage, Deposit, Disposal, Scavenging, and Hauling of Solid
Waste: Unlawful Storage of Bulky Waste
Code Text:RMC 8-1-4.E Unlawful Storage of Bulky Waste:The City of Renton has adopted regulations that
governs bulky waste. The code states"It shall be unlawful for any person in the city to store,
maintain, keep, retain, dump or accumulate bulky waste on private property in the City".
Bulky waste is defined as"large items of solid waste, including but not limited to items such as
furniture, large household appliances, refrigerators,freezers,oven, ranges,stoves,dishwashers,
water heaters,washing machines,or clothes dryers:junk vehicles, vehicle hulks or any other
oversized solid wastes which would typically not fit into or be permitted for collection as garbage
in garbage cans".
Corrective Action:Remove and properly dispose all bulky waste items stored on the property.Anything on your
property that has a value to you, and that you do not consider bulky waste or garbage is
considered outdoor storage.This property is located in the R-B zoning designation, RMC 4-2-060
Zoning Use Table prohibits outdoor storage in an R-8 Zone.All items of any kind,stored on the
property,shall be removed.
VIOLATION 4:Zoning Use Designation Violations Investigation Date
01/24/2018
Violation Note:
Code Cited: RMC 4-2-060 Zoning Use Table: Uses Allowed in Zoning Designations
Code Text:RMC 4-2-060 regulates uses allowed in specific zoning designations in the City.
Corrective Action:This property is located in the R-8 zoning designation, RMC 4-2-060 Zoning Use Table prohibits
outdoor storage in an R-8 Zone.Therefore,this is to serve as notice to discontinue any and all
outdoor storage on the property.All items of any kind, stored on the property, shall be removed.
VIOLATION 5:Parking Overnight Prohibited-Commercial Vehicles Investigation Date
01/24/2018
Violation Note:
Code Cited: RMC 10-10-12 Parking Regulations:Overnight Parking of Certain Vehicles Prohibited
Code Text:RMC 10-10-12 Overnight Parking of Certain Vehicles Prohibited
It shall henceforth be unlawful to park within any residential zone within the City from the hours of
nine o'clock(9:00) P.M. to six o'clock(6:00)A.M.the following types of vehicles:
A. All types trailers designed to be drawn by a motor vehicle except recreation trailers.
B. Buses and trucks used for business purposes in whole or in part excluding pickup or panel
trucks of less than one ton rated capacity.
Corrective Action:This property is located in a residentially zoned area,therefore,discontinue the parking of the
commercial vehicle in the residential area. Additionally, RMC 4-4-080 E 10 d states that vehicles
may only be parked on a residentially zoned property if there is a dwelling unit on that property.
VIOLATION 6:Prohibited Materials Investigation Date
01/24/2018
Violation Note:
Page 2 of 3
mmmmioimomir
Investigation Date
VIOLATION 6:Prohibited Materials 01%24/2018
Code Cited: RMC 4-5-130 Amended IPMC 308.9 Outdoor Storage:Prohibited Materials
Code Text:RMC 4-5-130.B.4;The City of Renton Municipal Code has specific regulations governing outdoor
storage,the amended IPMC 308.9 regarding prohibited materials states:
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.
Corrective Action:Remove all shipping/storage containers from this property.
Investigation Date
VIOLATION 7:Zoning Use Designation Violations 01/24/2018
Violation Note:
Code Cited: RMC 4-2-060 Zoning Use Table: Uses Allowed in Zoning Designations
Code Text:RMC 4-2-060 regulates uses allowed in specific zoning designations in the City.
Corrective Action:This property is located in the R-8 zoning designation, RMC 4-2-060 Zoning Use Table prohibits
motor vehicle storage in an R-8 Zone.Therefore,this is to serve as notice to discontinue any and
all motor vehicle storage on the property.All motor vehicles of any kind,stored on the property,
shall be removed.Motor Vehicles include,but are not limited to,trucks, recreational vehicles,
buses,boats, and heavy equipment,and similar size vehicles which have gross vehicle weights
greater than ten thousand(10,000)pounds,but excluding aircraft,motorcycles,passenger cars,
light trucks,vans,and similar size vehicles which have gross vehicle weights less than ten
thousand(10,000)pounds.
Issued By:Rob Shuey
Code Compliance Inspector
425-430-7235
rshuey@rentonwa.gov
•
Page 3 of 3
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Lenny Neafus
Lake Washington View Cemetery
6205 24th St NE
Tacoma WA 98422
206.372.8990
Ldneafus@yahoo.com
February 5,2018
Code Case No:CODE18-000046
Parcel Number: 1723059004
Response to Warning of Violation
VIOLATION 1:Vehicles,Habitation of Recreational
This is an 8 acre parcel which was part of a gravel pit,a CDL landfill site with fill including concrete. The
backfill to this site was never completed. It has a retention pond that has had dead animals in it(such as
deers).
When I purchased the property in 1998, Bob Arthur from City of Renton sent citations to clean up
garbage that was dumped by others on my property and also to clean up PSE property,as I have
easement rights to it. I would clean it up and then a month later someone would dump more garbage.
• Also,at that time there were homeless people living on the property.It was left up to me to prevent the
homeless from living there. Bob advised to have someone live there. And so that is what I have done
ever since those citations. Someone needs to be on site to try to keep the site safe. Also there is the
problem of Jim Colt with Mt Olivet Cemetery. This situation came up again 19 years later with the City
and they agreed to have someone live on site.
VIOLATION 2:Parking Allowed p in Residential Zone
This is an 8 acre site that has concrete semi-truck loading dock,also a semi-truck wheel wash, large
paved parking lots and concrete areas. It has never been used for single family. This property has been
used for my business since 1998. The city has allowed this use until now. The use is grandfathered in.
There is someone dwelling on site.
VIOLATION 3: Bulky Waste Private Property
There is some outdoor storage the will be removed along with some vehicles. An RV will be removed. I
will not store junk on site.
VIOLATION 4: Zoning Use Designation Violations
EXHIBIT
This property has always been leased out for outdoor storage. No garbage or hazardous materials
stored on site. Its present use is grandfathered in.
VIOLATION 5: Parking Overnight Prohibited-Commercial Vehicles
This is not a residential area. This property was an old gravel pit,CDL fill with large parking areas for
equipment and trailers.
VIOLATION 6: Prohibited Materials
This is a old gravel pit that has had shipping containers that cannot be seen from residential areas and
has been there and used as such for nearly 20 years. It is grandfathered in.
VIOLATION 7: Zoning Use Designation Violations
This property has been used for my business for nearly 20 years just as it is. Although some clean up
work is in progress,I feel that it is safe and not a nuisance to the community. Part of the property is
used for the neighboring cemetery. There is a 440 sf,25'tall concrete building on it.
Respectfully submitted,
�t r-
Lenny Neafus
Lake Washington View Cemetery
Finding of Violation Y °�
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7sao Denis Law Mayor ¢ +
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RECEIPT F N T O
Community&Economic Development C.E."Chip"Vincent,Administrator
Issued To: Date: February 21, 2018
Code Case No: CODE18-000046
Lenny Neafus. Owner(Tax-Payer): Lenny Neafus., LFI Construction LLC
LFI Construction LLC Violation Address:
6205 24th St NE Parcel Number: 1723059004
The undeTAfl C ?Wl ?ton 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):
VIOLATION 1:VEHICLES,HABITATION OF RECREATIONAL Investigation Date
02/21/2018
Code Text: Vehicles, Habitation of Recreational 4-4-030 I:The City of Renton has adopted regulations governing
what people use for dwellings.The municipal code states"except as authorized in RMC 4-9-240,
temporary use permits, recreational vehicles, travel trailers,tents,or other temporary shelters shall not
be used for habitation."
Corrective Action: Discontinue use of the camp trailer and/or motor home,as a dwelling and remove from the property
pursuant to the Zoning Use Designation Violation for Motor Vehicle Storage.
Fees: Description Amount
CODE-First Violation Fee $100.00
Violation 1 Subtotal: $100.00
VIOLATION 2: Parking Allowed#in Residential Zone Investigation Date
02/21/2018
Code Text: RMC 4-4-080.F.10.d Parking Spaces Required Based on Land Use regulates the number of allowed
parking spaces based on land uses,therefore,the code states for detached dwellings in a residential
zone:"a maximum of 4 vehicles may be parked on a lot,including those vehicles under repair and
restoration, unless kept within an enclosed building."
Corrective Action: RMC 4-4-080 E 10 d states that vehicles may only be parked on a residentially zoned property if there
is a detached dwelling unit on that property. In this regard, because there is no detached dwelling unit
on the property,that necessitates the parking of vehicles on the R-8 zoned property,there can be no
vehicle parking of any kind on the property.
Fees: Description Amount
CODE-First Violation Fee $100.00
Violation 2 Subtotal: $100.00
Page 1 of 4
EXHIBIT 6
VIOLATION Bulky, aste e'Pro Yes x� .
Party tY � � � ��,,�� �.�nvesUgain DateY
1 r 02/21/2018 '
Code Text: RMC 8-1-4.E Unlawful Storage of Bulky Waste:The City of Renton has adopted regulations that
governs bulky waste. The code states"It shall be unlawful for any person in the city to store, maintain,
keep, retain,dump or accumulate bulky waste on private property in the City".
Bulky waste is defined as"large items of solid waste, including but not limited to items such as furniture,
large household appliances,refrigerators,freezers,oven, ranges,stoves,dishwashers,water heaters,
washing machines, or clothes dryers:junk vehicles,vehicle hulks or any other oversized solid wastes
which would typically not fit into or be permitted for collection as garbage in garbage cans",
Corrective Action: Remove and properly dispose all bulky waste items stored on the property.Anything on your property
that has a value to you, and that you do not consider bulky waste or garbage is considered outdoor
storage.This property is located in the R-8 zoning designation, RMC 4-2-060 Zoning Use Table
prohibits outdoor storage in an R-8 Zone.All items of any kind, stored on the property, shall be
removed.
Fees: Description Amount
CODE-First Violation Fee $100.00
Violation 3 Subtotal: $100.00
VIOLATION 4:Zoning Use Designation Violations Investigation Date
02/21/2018
Code Text: RMC 4-2-060 regulates uses allowed in specific zoning designations in the City.
Corrective Action: This property is located in the R-8 zoning designation, RMC 4-2-060 Zoning Use Table prohibits
outdoor storage in an R-8 Zone.Therefore, this is to serve as notice to discontinue any and all outdoor
storage on the property.All Items of any kind,stored on the property, shall be removed.
Fees: Description Amount
CODE-First Violation Fee $100.00
Violation 4 Subtotal: $100.00
VIOLATION 5: Parking Overnight Prohibited-Commercial Vehicles Investigation Date-'
02/21/2018
Code Text: RMC 10-10-12 Overnight Parking of Certain Vehicles Prohibited
It shall henceforth be unlawful to park within any residential zone within the City from the hours of nine
o'clock(9:00)P.M.to six o'clock(6:00)A.M. the following types of vehicles:
A. All types trailers designed to be drawn by a motor vehicle except recreation trailers.
B. Buses and trucks used for business purposes in whole or in part excluding pickup or panel trucks
of less than one ton rated capacity.
Corrective Action: This property is located in a residentially zoned area,therefore, discontinue the parking of the
commercial vehicle in the residential area. Additionally, RMC 4-4-080 E 10 d states that vehicles may
only be parked on a residentially zoned property if there is a dwelling unit on that property.
Fees: Description Amount
CODE-First Violation Fee $100.00
Violation 5 Subtotal: $100.00
Page 2 of 4
Investigation Date
VIOLATION 6:Prohibited Materials 02/21l2018
Code Text: RMC 4-5-130.B.4,The City of Renton Municipal Code has specific regulations governing outdoor
storage, the amended IPMC 308.9 regarding prohibited materials states:
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.
Corrective Action: Remove all shipping/storage containers from this property.
Fees: Description Amount
CODE-First Violation Fee $100.00
Violation 6 Subtotal: $100.00
VIOLATION 7:Zoning Use Designation Violations Investigation Date
02/21/2018
Code Text: RMC 4-2-060 regulates uses allowed in specific zoning designations in the City.
Corrective Action: This property is located in the R-8 zoning designation, RMC 4-2-060 Zoning Use Table prohibits motor
vehicle storage in an R-8 Zone.Therefore,this is to serve as notice to discontinue any and all motor
vehicle storage on the property.All motor vehicles of any kind, stored on the property,shall be
removed.Motor Vehicles include, but are not limited to,trucks, recreational vehicles, buses, boats, and
heavy equipment,and similar size vehicles which have gross vehicle weights greater than ten thousand
(10,000)pounds, but excluding aircraft,motorcycles, passenger cars, light trucks,vans,and similar
size vehicles which have gross vehicle weights less than ten thousand(10,000)pounds.
Fees: Description Amount
CODE-First Violation Fee $100.00
Violation 7 Subtotal: $100.00
Total Amount Due: $700.00
Payment of$700.00 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.
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: E
Issued By:Rob Shuey ��//
Code Compliance Inspector
425-430-7235
rshuey@rentonwa.gov
Page 3 of 4
Code Case No: CODE18-000046 Date:February21,2018
Violation Address: Total Amount Due:$700.00
Parcel Number: 1723059004
NOTICE OF RENTON MUNICIPAL CODE VIOLATION
The City has elected to establish a non-judicial hearing and determination system to enforce Renton Municipal Codes(RMC)civil code
violations.Therefore a code violation penalty,consistent with RMC 1-3-2.P is imposed,not including any costs,fees or assessments.
You may respond in the following manner:
Ei I deny creating,permitting to exist,maintaining or failing to eliminate the violation(s)and I am requesting a hearing to contest this
Finding of Violation.Appeal requests must be received by the Renton City Clerk's office within 15 days of the date of this Finding of
Violation.Please send me a hearing date.I promise to appear on that date.The administrator must prove by a preponderance of the
evidence that I committed the violation.I understand that under RMC 1-3-2.G that the administrator shall decide whether the
opportunity to be heard will be only in writing or in person,or both.The city is not required to call witnesses to testify at the hearing.
Pursuant to RMC 1-3-2.K,failure to attend the scheduled hearing makes the Finding of Violation final,and I may be subject to
additional costs if I fail to withdraw or resolve my appeal prior to the hearing date. I also understand that the city has not waived any
rights or remedies under the law.
Appeals should be mailed to: City of Renton Attention:
City Clerk
1055 S Grady Way
Renton,WA 98057
I admit that I have created,permitted to exist,maintained or failed to eliminate the violation(s)and do not need or want any kind of
hearing.As a result,I have enclosed a check or money order(do not send cash)in the amount of$ . 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
1055 S 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 4 of 4
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Vehicles and equipment on the property include but are not limited to the following: a white
International plow/dump truck(license unknown),a white/black 1995 GMC flatbed license B79634V, a
white 2003 Ford cargo van license C96350A(expired 05-23-17), a red 1999 Ford pickup license B33709Z
(expired 10-06-16),a 1986 Ford pickup license C30212C, a white 1994 International flatbed truck license
874263T(expired 07-19-13), a white 2005 Chevrolet pickup license C32686A(unlicensed), a blue 1988
Toyota pickup license B33852F(expired 12-23-17), a gray 1996 Ford Taurus license BFB2066, a gray 1996
Nissan Sentra license AYT5575, a black 1996 Honda Accord license BHY2317, a blue 2004 Acura TSX
license AUU7838,a silver 2005 Hyundai Elantra license AHR0481, a unknown white cargo truck Utah?
Plate E3498Y?, a Dodge motorhome License 791XGM (plate expired), a gold 2015 Chrysler van license
AZW8169, a red 1985 Chevrolet pickup license B27449F,a black Toyota pickup license B89927N (expired
04-06-17), a red 1985 Ford Bronco license BAZ6960, a green 1993 Acura Vigor license BHW5441, a black
2006 Volkswagen Touareg license BCB8452, a white Mini Couper year and license unknown,a white
1989 Ford truck license B01168T(expired 06-09-17),a 2014 Volvo Tractor Truck license 64742RP, a black
2002 Volvo Tractor Truck license 30638RP(expired 01-28-17),a maroon 1978 Chevrolet pickup license
84429J (expired 06-30-94),a blue&white Ford pickup year and license unknown,a green Ford pickup
year and license unknown, a red 4 door pickup license make and model unknown, a green extended cab
pickup license make and model unknown, a white SUV license make and model unknown, a white with
grey trim RV license make and model unknown,a travel trailer RV license make and model unknown, a
white 2008 freightliner truck license C97825H, a minimum of 4 utility trailers and 1 tow dolly(license's
unknown),a blue ford dump truck year and license unknown, a Bobcat front end loader, a caterpillar
Dozer,a Takeuchi Mini Excavator,
EXHIBIT 7
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Code Case No: CODE18-000046
Violation Address: Date: February 21,2018
Parcel Number: 1723059004 Total Amount Due: $700.00
NOTICE OF RENTON MUNICIPAL CODE VIOLATION
The City has elected to establish a non-judicial hearing and determination system to enforce Renton Municipal Codes(RMC)civil code
violations.Therefore a code violation penalty, consistent with RMC 1-3-2.P is imposed, not including any costs,fees or assessments.
You may respond in the following manner:
pi I deny creating, permitting to exist, maintaining or failing to eliminate the violation(s)and I am requesting a hearing to contest this
Finding of Violation.Appeal requests must be received by the Renton City Clerk's office within 15 days of the date of this Finding of
Violation. Please send me a hearing date. I promise to appear on that date.The administrator must prove by a preponderance of the
evidence that I committed the violation. I understand that under RMC 1-3-2.G that the administrator shall decide whether the
opportunity to be heard will be only in writing or in person, or both.The city is not required to call witnesses to testify at the hearing.
Pursuant to RMC 1-3-2.K,failure to attend the scheduled hearing makes the Finding of Violation final,and I may be subject to
additional costs if I fail to withdraw or resolve my appeal prior to the hearing date. I also understand that the city has not waived any
rights or remedies under the law.
Appeals should be mailed to: City of Renton Attention:
City Clerk
1055 S Grady Way
Renton,WA 98057
I admit that I have created, permitted to exist, maintained or failed to eliminate the violation(s)and do not need or want any kind of
heating.As a result, I have enclosed a check or money order(do not send cash)in the amount of$ . 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 CITY OF .
1055 S Grady Way �,I-, ;
Renton,WA 98057
MAR 2 2Ol
Complete information below:(PLEASE PRINT
Name: LZV1bIN f;E,c... , �.
Street or P.O. Box: \)�02 0 6 2►kt1�l 1J
City: TO.Gbrn a State: V A Zip: a$Li(1 ,,
Telephone: Home' ‘11:)9'3 -`Vi90 Work:
Signature of Violator: (14,7 """— Date: 3' 'f g
Page 4 of 4