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HomeMy WebLinkAboutFranco Decision & Ltr Denis Law Mayor „itiR City Clerk-Jason A.Seth,CMC June 4, 2019 Marland Franco 2855 Blaine Avenue NE Renton, WA 98056 Re: Hearing Examiner's Decision Code Case No: CODE-18-000671 Dear Mr. Franco: Attached is your copy of the Hearing Examiner's Decision dated May 31, 2019 in the above- referenced matter. If I can provide further information, please feel free to contact me. Sincerely, frlason . Sethrk cc: Hearing Examiner Craig Burnell, Building Official Donna Locher, Code Compliance Inspector Robert Shuey, Code Compliance Inspector Kevin Louder, Code Compliance Inspector Herlinda Corn, Accounts Receivable 1055 South Grady Way,Renton,WA 98057 • (425)430-6510/Fax (425)430-6516 • rentonwa.gov BEFORE THE HEARING EXAMINER OF RENTON REPORT AND DECISION—APPEAL OF FINDING OF VIOLATION AND ORDER TO CORRECT (CODE18-000671) FILE NUMBER: CODE-18-000671 SITE OF VIOLATION: 2855 Blaine Ave NE Renton, WA 98056 PROPERTY OWNER: Marland Franco REVIEW AUTHORITY: City of Renton TYPE OF CASE: Code Enforcement; Violation of Grading and Critical Area Regulations. INTRODUCTION Mr. Franco has been charged with Count 1) Violating RMC 4-6-060 H: Grading, Excavation and Mining Regulations: Erosion Control and Count 2) Violating RMC 4-3-050C 1 a: Environmental Regulations and Overlay Districts: Critical Areas Disturbed. The appeal is denied and Mr. Franco is found in violation of Counts 1 and 2. The $200 fine is due within 30 days of issuance of this decision. HEARING The hearing was held on the alleged violations of this case on May 14, 2019 at the Renton City Hall Council Chambers. Address: 1055 South Grady Way, Renton, WA 98057. EXHIBITS The following exhibits were entered into the record: Exhibit 1: Appeal Request Received 04- 11- 19 Exhibit 2: Renton Code Compliance Narrative& Code Case Activity Report Exhibit 3: Warning of Violation & USPS Documentation Exhibit 4: Warning of Violation Photos Exhibit 5: King County Owner Information & City of Renton Map of Regulated Slopes Exhibit 6: E- mail Correspondence from 10- 23- 18 to 02- 28- 19 Exhibit 7: Finding of Violation Exhibit A: Email Received by Mr. Franco from Geotechnical Company Exhibit B: Email Received by Mr. Franco from Geotechnical Company Code Enforcement Decision -- 1 Exhibit C: 1-8 Photographs of the site submitted by Mr. Franco FINDINGS OF FACT 1. The violation site is a single-family residence located at: 2855 Blaine Ave NE Renton, WA 98056. Marland Franco owns the property at 2855 Blaine Ave. Marland Franco resides at the site of the violation. 2. The King County Department of Assessments (See: Exhibit 5) identifies Mr. Franco's property—located at 2855 Blaine Avenue, Renton, WA 98056—within the jurisdiction of the City of Renton as parcel 193810-0050. Regarding zoning, the property is an R-8, a residential area. The legal description of the plat lot notes: "Slope City of Renton 15%<=25%, 25%<=40% (Sensitive), 40%<=90%(Protected). 3. On October 11, 2018, Code Compliance received a complaint from a neighbor adjacent to the site of violation that the critical slope at Mr. Franco's property was disturbed. An inspection was scheduled to grant access into the complaining neighbor's backyard to view the violation. 4. On October 23, 2018, code compliance inspectors Shuey and Louder performed an inspection at 2855 Blaine Ave NE, Renton, WA 98056. Inspectors Shuey and Louder observed and photographed a disturbed slope without any standard erosion control devices in place. The photographs depict a slope that is at least 15 feet in length. The photographs depict a steep slope that had stones and rocks placed in the side of the slope. The stones appear to have formed steps that could be used to maneuver down the slope. There was a pile of branches at the beginning of the slope as well as metal poles that had been inserted in front of these branches. Mr. Kevin Louder issued a Warning of Violation to Marland Franco. Mr. Louder priority mailed the warning certified mail. Additionally, Mr. Louder sent a copy of the notices via email to Mr. Franco at: cimfranco@hotmail.com. 5. On October 23, 2018, Marland Franco called code compliance inspector Louder. Mr. Franco stated that he received the email with the Warning of Violation attached. Mr. Franco had questions about the violations. Mr. Louder advised Mr. Franco to contact the planning department. Mr. Louder told Mr. Franco that a professional would most likely be needed to provide a plan to restore the slope. 6. On October 25, 2018, after speaking with the planning department, code compliance officer Louder sent an email to Mr. Franco requesting a geotechnical report be submitted to planning. This report should include a restoration plan. 7. On November 7, 2018, Marland Franco, Jeffrey Taylor, and Kevin Louder met at Renton City Hall. Mr. Taylor is the city planner assigned to this case. At the meeting, it was discussed that any activities in a critical area would require a permit. Importantly, the backyard of this property includes a regulated slope with a high erosion hazard. They explained to Mr. Franco that the slope was disturbed, and it is required that it be restored to its previous condition. Mr. Taylor confirmed that planning would require a geotechnical report to approve a restoration plan. Code Enforcement Decision-- 2 8. On January 8, 2019, Mr. Louder called Marland Franco. Mr. Franco stated that he was working with three (3) geotechnical engineers. Given financial constraints, Mr. Franco had not picked an engineer at this point. Mr. Louder requested that Mr. Franco contact him in two weeks for an update. 9. On February 20, 2019, an email was sent to Mr. Franco from Mr. Louder requesting the geotechnical report be submitted by March 1, 2019. Mr. Franco responded to the email stating that the geotech visit was scheduled for February 12 but was then cancelled due to snow. Mr. Louder responded requesting that Mr. Franco call the geotech again and contact him when a new date was scheduled. 10. As of March 28, 2019, Mr. Louder had not received an update from Mr. Franco. Mr. Louder issued a Finding of Violation for erosion control and for environmental regulation violations on the property. The Finding of Violation was mailed Certified and Priority (See: Exhibit 7). 11. On April 1, 2019, Marland Franco called Mr. Louder. Mr. Franco said that he did not have the money for the geotech at the time. Mr. Franco was waiting for his tax return so that he could pursue this. Mr. Franco asked about the fees associated with the Finding of Violations and Mr. Louder informed Mr. Franco if did not agree he maintains the right to appeal. 12. On April 11, 2019 an appeal request from Marland Franco was received. 13. Mr. Franco checked the box that he was contesting whether he committed the offense as opposed to requesting mitigation. However, at the hearing Mr. Franco admitted placing the rocks and altering the slope. 13. Mr. Franco testified at the hearing stating that most of the stones/rocks he used were only eight (8) inches. Although some of the stones/rocks may be up to twelve (12) inches. Mr. Franco admitted in his testimony that he got the stones from a neighbor and placed them on the slope of his property. Mr. Franco testified that he did not realize the stack of branches and sticks were part of the violation. 14. There is no evidence that Mr. Franco ever prepared the necessary reports or sought the necessary permits. 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. Applicable regulations are quoted below in italics and applied via associated conclusions of law. Count 1 (Failure to Acquire Soils/Geotechnical Report Per RMC 4-4-060H1: RMC 4-4-060H1: REPORTS REQUIRED: Soil enOgineering and geotechnical reports shall be required as defined in RMC 4-11-190 and 4-11-190. During grading all necessary reports, compaction data and soil engineering and engineering geology recommendations shall be Code Enforcement Decision -- 3 submitted to the civil engineer and the Public Works Department by the soil engineer and the engineering geologist. The Public Works Department may waive reports for minor grading operations. RMC 4-4-060B1: APPLICABILITY. All mining, excavation and grading activities within the City of Renton shall be subject to the terms and conditions of this Section... Definitions: RMC 4-11-190: SOIL ENGINEERING REPORT: A report including data regarding the nature, distribution, and strength of existing soils, conclusions and recommendations for grading procedures and design criteria for corrective measures when necessary, and options and recommendations covering adequacy of sites to be developed by the proposed grading. RMC 4-11-070: GEOTECHNICAL REPORT: A report prepared by a Geotechnical Engineer including an adequate description of the geology of the site, conclusions and recommendations regarding the effect of geologic conditions on the proposed development. RMC 4-11- 070: GRADING:An excavating or filling or combination thereof RMC 4-11-050: EXCAVATION: The mechanical removal of earth material. 2. Violation of Count 1 Sustained. As determined in the findings of facts the slope is a critical area. Furthermore, it is found that there has been excavating or filling or a combination as the property owner placed stones down the slope of his property and the dirt on the side of the slope had to be moved, dug, or cleared in order for the stones to be placed. Mr. Franco failed to prepare the required reports. It is concluded that as the owner of the violation site, Mr. Franco was in violation of RMC 4-4-060H1 on March 28, 2018. Count 2 (Failure to Acquire Permit Per RMC 4-3-050C1a: RMC 4-3-050C1a: Prior to any development or alteration of a property containing a critical area as defined in subsection B of this Section, entitled "Applicability," the owner or designee must obtain a development permit, critical area permit, and/or letter of exemption. No separate critical area permit is required for a development proposal which requires development permits or which has received a letter of exemption. RMC 4-3-050B1: Applicability. Lands to Which These Regulations Apply and Non-regulated Lands: The following critical areas are regulated by this section. Multiple development standards may apply to a site feature based upon overlapping critical area(s) and/or critical area classifications: b. Steep slopes (must have a minimum vertical rise of fifteen feet (15'), landslide hazards, erosion hazards, seismic hazards, and/or coal mine hazards or on sites within fifty feet(50') of steep slopes, landslide hazards, erosion hazards, seismic hazards, and/or coal mine hazards classified under RMC 4-3-050G5a which are located on abutting or adjacent sites. Code Enforcement Decision--4 3. Violation of Count 2 Sustained. The slope is a critical area on the property. It is a steep slope. A critical area is environmentally sensitive, including steep slopes. As determined by the Finding of Facts, Mr. Franco altered the critical area by inserting rocks/stones down the slope which in turn moved the soil. It is concluded that as the owner of the violation site, Mr. Franco is in violation of RMC 4-3-050C1a on March 28, 2019. DECISION The Appeal is denied. Violation Count 1 and 2 of the March 28, 2019 findings of violation are sustained. There is a $100 fine imposed for Violations 1 and 2. Payment of the total fine of the $200 is due by within 30 days of issuance of this decision. ORDER TO CORRECT Count 1: Corrective action in the FOV requires the appellant to immediately stop work on all phases of construction except installing and maintaining all requirements for erosion control. The appellant needs to contact the code compliance officer to schedule a site inspection to determine compliance with the erosion control compliance. Count 2: As there has been a violation of the environmental regulations and/or overlay districts prior to any development or alteration of a property containing a critical area—critical areas, designations mapping—the owner or designee must obtain a development permit, critical area permit, and or letter of exemption. The property owner (the appellant) must immediately stop all activity on this parcel and contact the planning department for requirements on restoration of a critical area disturbance. The appellant must contact the planning department by June 18, 2019. Decision and Order issued May 31, 2019. /refee/r Oe6rec4te 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