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HomeMy WebLinkAboutHo Decision Denis Law City of, �Y MayorG�� �r> I • R • City Clerk -Jason A.Seth,CMC September 17, 2015 Harvey Ho 332 Burnett Avenue South #P Renton, WA 98057 Re: Hearing Examiner Report & Decision for Code Compliance Violation Hearing FOV#: 14-000804 Dear Mr. Ho: I have attached the Hearing Examiner's Decision dated September 17, 2015, in the above referenced matter. If you have any questions or concerns, please feel free to contact me. Sincerely, /Jason Seth, City Clerk Attachment cc: Hearing Examiner Craig Burnell, Building Official Donna Locher, Code Compliance Inspector Tim Lawless, Code Compliance Inspector 1055 South Grady Way• Renton,Washington 98057• (425)430-6510/Fax(425)430-6516• rentonwa.gov OFFICE OF THE HEARING EXAMINER CITY OF RENTON REPORT AND DECISION --APPEAL OF FINDING OF VIOLATION Case No. CODE14-000804 Appellant: Harvey Ho Hugo Boss LLC 332 Burnett Ave S Suite P Renton, WA 98057 Alleged Violation: International Property Maintenance Code Violations, RMC 4-5-130 Location of Violation: 900 S 3`d St. Renton, WA 98057-2710 Public Hearing: None. Decision: Appeal Dismissed as Untimely. Summary of Decision The appeal is dismissed as untimely. Exhibits The following exhibits were entered into the record: Exhibit 1: 12/2/14 Warning of Violation to Harvey Ho. Exhibit 2: 1/26/15 letter from Tim Lawless to Harvey Ho Exhibit 3: 3/18/15 letter from Tim Lawless to Harvey Ho. Exhibit 4: 4/15/15 Finding of Violation Exhibit 5: 6/11/15 letter from Tim Lawless to Harvey Ho Exhibit 6: 8/18/15 Finding of Violation II Exhibit 7: Code Compliance Narrative Exhibit 8: Email string from Phil Olbrechts to Cynthia Moya,9/4/14 through 9/8/15 Exhibit 9: 9/16/15 letter from Harvey Ho Exhibit 10: Ho appeal. Appeal of Finding of Violation Page 2 Findings of Fact 1. The code compliance defendant is Harvey Ho. 2. A Finding of Violation ("FOV")was issued to Mr. Ho on April 15,2015. Ex. 4. The date of the FOV is April 15, 2015. 3. A second FOV was issued to Mr. Ho on August 18,2015. Ex.6. The date of the FOV is August 18, 2015. 4. Mr. Ho filed an appeal of Code Case No. CODE14-000804 with the City Clerk's Office by document date stamped 9/2/15 and signature date 8/31/15. Ex. 10. 5. The City emailed a motion to dismiss Mr. Ho's appeals as untimely on 9/8/15. Ex. 8. 6. The hearing examiner issued an email order authorizing a response from Mr. Ho to the motion by 9/14/15. Ex. 8. A letter dated 9/8/15 was sent to Mr. Ho with the examiner's order. Ex.9. 7. Mr. Ho submitted a response to the motion to dismiss on September 16,2015. Ex.9. Conclusions of Law 1. The hearing examiner has jurisdiction to hear an appeal of a Finding of Violation as a designee of the Administrator of the Department of Community and Economic Development. See RMC 1-3-2(B)(1)and RMC 1-3-2(G). 2. RMC 1-3-2(H)requires an appeals of FOV to be filed within 10 business days of the date of the FOV. The dates of the two FOVs in question are April 15,2015 and August 18,2015. The only appeal filed by Mr. Ho was dated 8/31/15 and date stamped by the City Clerk's Office 9/2/15. Both the date received and the date signed are more than 10 business days after the date of both FOVs. The appeal was not filed within the 10 day appeal period mandated by RMC 1-3-2(H). In his response to the City's motion to dismiss, Mr. Harvey asserts that he was waiting for an engineer's report on his FOVs. Any efforts Mr. Ho has made towards compliance and/or waiting for information does not excuse compliance with the City's appeal deadlines. Mr. Ho's appeal must be dismissed. Decision The appeal filed by Harvey Ho on Code Case No. CODE 14-000804,filed with the Renton City Clerk's Office on 8/31/15 is dismissed as untimely. DATED this 17th day of September,2015. iUlr A.01brechts City of Renton Hearing Examiner Appeal of Finding of Violation Page 3 Right of Appeal This decision may be appealed to King County Superior Court within 21 days of issuance as governed by the Land Use Petition Act, Chapter 36.70C RCW.