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HomeMy WebLinkAboutMcKay- Hearing Examiner DecisionBEFORE THE HEARING EXAMINER OF RENTON REPORT AND DECISION — APPEAL OF FINDING OF VIOLATION FILE NUMBER: CODE18-000358 SITE OF VIOLATION: 470 Grandey Way NE Renton, WA 98057 PROPERTY OWNER: Jordan McKay REVIEW AUTHORITY: City of Renton TYPE OF CASE: Code Enforcement; Junk Vehicle and Outdoor Storage INTRODUCTION Ms. McKay has been charged with violating RMC6-1-3 for having junk vehicles on her property and RMC4-5-130(B)(4) for outdoor storage violations. The appeal is denied and Ms. McKay is found in violation of RMC6-1-3 and RMC4-5-130(B)(4). The $100 fine for each of the two violations, totaling $200, is due within 30 days of issuance of this decision EXHIBITS The following exhibits were entered into the record: Exhibit 1: Appeal Request Received 12/10/18 Exhibit 2: Renton Code Compliance Narrative & Code Case Activity Report Exhibit 3: Warning of Violation w/Owner Information and USPS Documentation Exhibit 4: Warning of Violation Photographs Exhibit 5: Warning of Second Notice with USPS Documentation Exhibit 6: 9/26/18 Inspection Photographs Exhibit 7: 11/13/18 Inspection Photographs Exhibit 8: Finding of Violation with USPS Documentation Exhibit 9: Findings of Violation Photographs and DOL Documentation Exhibit 10: 12/12/18 Inspection Photographs Exhibit 11: 1/22/19 Inspection Photographs Exhibit 12: 3/19/19 Inspection Photographs Exhibit 13: 4/16/19 Inspection Photographs Exhibit 14: Inspection Photographs Code Enforcement Decision -- 1 FINDINGS OF FACT 1. The violation site is a single-family residence located at: 470 Grandey Way NE Renton, WA 98056. The property is owned by Jordan McKay, who resides at the violation site. This is private real property zoned R-8. 2. On June 20, 2018, Code Compliance received an online complaint from a Renton resident regarding vehicles and the condition of the property. Code Compliance Inspector Kevin Louder performed an inspection and documented the following violations on the property: junk vehicles, membrane structure, sidewalk obstruction, vehicle service and repair, and vegetation. The membrane structure was in the front of the house and in front of the garage. The Junk Vehicle observed on that date was a Silver Volkswagen Bug with expired Oregon plates, a rear tire off on a jack, and it was blocking the sidewalk. 3. On June 26, 2018, Mr. Louder issued a Warning of Violation, CODE18-000358, to Jordan McKay by certified mail to 470 Grandey Way NE, Renton WA 98057 with a compliance date of July 11, 2018. The Warning of Violation required that all junk vehicles needed to be removed from the property. 4. On July 2, 2018, Jordan McKay visited Renton City Hall and spoke with Donna Locher. The compliance by date was extended to July 23, 2018. Ms. McKay reported the vegetation issue had been resolved, the Silver Volkswagen bug that was blocking the sidewalk would be fixed and sold, the membrane structure would be removed from the front yard, and the sidewalk would not be blocked. 5. On August 27, 2018, during a drive by inspection Code Enforcement observed that no change had been made at the property. Mr. Louder issued a Warning of Violation Second Notice to Jordan McKay, sending it certified and priority mail. The compliance date was extended to September 11, 2018. 6. On September 26, 2018, Mr. Louder inspected the property. The Membrane Structure remained in the front driveway and the Silver Volkswagen Bug was still blocking the sidewalk. Mr. Louder also noted that a Jeep Liberty with expired Washington plates was parked in the right of way. Mr. Louder knocked and when no one answered he left his business card on the front door. 7. On October 3, 2018, Mr. Louder inspected the property again. The membrane structure was in the front driveway and the Silver Volkswagen Bug was still blocking the sidewalk. Mr. Louder knocked on the door and when no one answered he left his card. Mr. Louder looked into the utility billing system and found a phone number for the address. He called and left a message stating that the violations remained on the property, he had sent two warnings and the next step would be issuing a Finding of Violation for each violation present. 8. On October 9, 2018, Jordan McKay called Mr. Louder. Ms. McKay stated that the Silver Volkswagen Bug was her father's vehicle and he was in the process of filing for a Code Enforcement Decision -- 2 lost title in Oregon. Ms. McKay asked about moving the membrane structure to the side yard. Mr. Louder told her it was not allowed in the side yard, but she may be able to apply for a variance. Mr. Lauder gave Ms. McKay the phone number to Planning Customer Service to ask about placement options and the variance process. Ms. McKay asked for a thirty (30) day extension which was granted by Mr. Louder. Mr. Louder told Ms. McKay that the Silver Volkswagen Bug needed to be moved so that it no longer blocked the sidewalk. 9. Mr. Louder inspected the property on November 13, 2018. Mr. Louder observed that the location and condition of membrane structure and the Silver Volkswagen Bug remained unchanged. On November 15, 2018, Mr. Louder called Ms. McKay and informed her that the violations were continuing. Ms. McKay stated that she was still working on the title for the Silver Volkswagen Bug and she would call the Planning Department regarding the membrane structure. Mr. Louder extended the compliance date to November 30, 2018. Mr. Louder explained to Ms. McKay that a Finding of Violation with fines would be issued if no change occurred. 10. On December 5, 2018, Mr. Louder inspected the property. The Silver Volkswagen Bug was moved into the street and no longer blocked the sidewalk. The photographs taken on December 5, 2018 depicted the membrane structure still present in the same location in the front of the house in the driveway. The photographs taken on December 5, 2018 also depict the Jeep Liberty parked in the driveway with license plates that had expired on October 27, 2016. 11. A Finding of Violation ("FOV") dated December 5, 2018 was mailed to Ms. McKay on December 5, 2018. The FOV alleges violations of RMC 4-5-130(B)(4) for outdoor storage -membrane structure and RMC 6-1-3 Junk vehicles, for the unlicensed Jeep Liberty parked in the driveway. The cost of violation was $100 per violation for a total of $200. Mr. Louder mailed the Finding of Violation certified and priority mail 12. On December 6, 2018, Ms. McKay called Mr. Louder. Ms. McKay stated that she would move the Jeep Liberty to the street and that membrane structure would be moved on Monday. 13. Ms. McKay filed an appeal of the Finding of Violation ("FOV") on December 10, 2018. 14. On December 12, 2018 Mr. Louder inspected the property. The Jeep Liberty and the membrane structure remained unchanged. CONCLUSIONS OF LAW Authority of Examiner: The Hearing Examiner has the authority and jurisdiction to review code violation as provided in RMC 1-3-2. COUNT 1: RMC 6-1-3 Junk Vehicles of Vehicle Hulks on Private Property Regulated: Code Enforcement Decision -- 3 A. It shall be unlawful to store, maintain, keep or retain: a junk, wrecked, dismantled or an apparently inoperable vehicle, vehicle hulk or any part thereof, on private real property in the City of Renton. B. The storage, maintenance or retention of junk, wrecked, dismantled or an apparently inoperable vehicle, vehicle hulk, or any parts thereof, on private real property in the City is hereby declared to be a public nuisance and subject to abatement in accordance with this Chapter and RMC 1-3- 3, as now worded or hereafter amended. 1. Count 1 is sustained. RMC 6-1-2 defines an inoperable vehicle to include vehicles that cannot be lawfully operated upon public roads. Since Ms. McKay's Jeep Liberty is unlicensed, it cannot be lawfully operated upon public roads and qualifies as an inoperable vehicle. As determined in Finding of Fact No. 10, the Jeep Liberty was stored at the violation site on December 5, 2018. Since Ms. McKay owns the violation site, she is in violation of RCW 6-1-3(B), which as quoted above provides that such vehicles are nuisances subject to abatement. COUNT 2: RMC 4-5-130.B.4: Section 308 [of the International Property Maintenance Code] is deleted in its entirety and replaced with a new Section 308 Residential Outdoor Storage, which shall read as follows: 308.1 Purpose: The purpose of this section is to define and regulate the outdoor storage of materials on residential property while maintaining the character and use intended for single family residential neighborhoods. For purposes of this section, residentially zoned property is any property zoned RC, R1, R4 or R8. 308.2 Allowed residential outdoor storage: For RC and RI zoned properties, a maximum of 400 square feet of area may be used for outdoor storage. For R4 and R8 zoned properties, a maximum of two hundred (200) square feet of area may be used for outdoor storage. 308.3 Prohibited areas for outdoor storage: Outdoor storage is prohibited on residentially zoned property in the following areas: Front yards Side yards Slopes greater than 15% Designated open spaces or restricted areas Critical areas, including wetland, streams and associated buffer areas 308.4 Emergency access: Outdoor storage areas shall not prevent emergency access to the residential structure or any other building. 308.5 Business related storage: Materials stored outdoors on residentially zoned properties shall not be owned by or used in any business or industry including a home occupation business. 308.6 Height limitations: Materials stored outdoors on residentially zoned properties shall be neatly stacked and not exceed a height of six feet (6). Tarps may not be utilized for screening outdoor storage. 308.7 Firewood: Firewood must be split, neatly stacked, and intended for use on the premises on which it is stored. Tarps may be used to protect firewood. Code Enforcement Decision -- 4 308.8 Membrane structures: Membrane structures are considered outdoor storage, and subject to the location restrictions in section 308.3. Such structures shall not exceed two hundred (200) square feet in area. Membrane structures shall be immediately removed or repaired in the event of disrepair or in the event of damage caused by weather, fire, collision, accident or other forms of damage. Tarps and makeshift covers are prohibited for this use. 308.9 Prohibited materials: Shipping containers and other similar storage units do not qualify as accessory buildings on residentially zoned properties and are prohibited. Hazardous materials are also prohibited for outdoor storage on residentially zoned properties. 2. Count 2 is sustained. Ms. McKay's property is zoned R8. RMC 4-5-130(B)(4) prohibits outdoor storage in the front yards of residences. As determined in Finding of Fact No. 10, on the alleged violation date, December 5, 2018, Ms. McKay had a membrane structure in her front yard. Ms. McKay is found to have been in violation of RMC 4-5-130(B)(4) on December 5, 2018. DECISION The appeal is denied. Payment of the $100 fine imposed by the Finding of Violation for each count under appeal, for a total of $200 is due within 30 days of the issuance of this decision. ORDER TO CORRECT Count 1: Corrective action in the FOV requires the Appellant to Remove and properly dispose of all junk, unlicensed or inoperable vehicle(s) from the property or demonstrate all vehicle(s) are licensed and operable. Bring the vehicles(s) into compliance with city code or store in a fully enclosed building. The corrective action must be completed by June 15, 2019. Count 2: Corrective action in the FOV requires the Appellant to "Consolidate outdoor storage to an area no larger than 200 square feet in the back -yard area and remove items from the front and side yards." This corrective action is adopted as an Order to Correct pursuant to RMC 1-3-2(B)(6). The corrective action must be completed by June 15, 2019. No further outdoor storage is allowed in the front of Ms. McKay's home. Decision and Order issued May 31, 2019. /resister j%/&We & Kristen Olbrechts Hearing Examiner Appeal to Superior Court. An appeal of the decision of the Hearing Examiner must be filed with the Superior Court within twenty -on calendar days as required by the Land Use Petition Act, Chapter 36.70C RCW Code Enforcement Decision -- 5 Code Enforcement Decision -- 6