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Home My WebLink Aboutzagrebelny decision Denis Law V f Mayor � �lt! �` S Ut Y �� 8 �s- � � � ��,N�� City Clerk -Jason A.Seth,CMC September 20, 2016 Tatyana Zagrebelny ATZ Family LP P.O. Box 60135 Renton, WA 98058 Re: Hearing Examiner Decision, FOV#CODE15-000694; and CODE15-000695 Dear Tatyana Zagrebelny: I have attached the Hearing Examiner's Decision dated September 16, 2016, in the above referenced matter. If you have any questions or concerns, please feel free to contact me. Sincerely, �` Jason A. Seth, CMC City Clerk Attachment cc: Hearing Examiner Craig Burnell, Building Official Donna Locher, Code Compliance Inspector Tim Lawless, Code Compliance Inspector Robert Shuey, Code Compliance Inspector 1055 South Grady Way• Renton,Washington 98057 • (425)430-6510/Fax(425)430-6516• rentonwa.gov BEFORE THE HEARING EXAMINER OF RENTON DECISION FILE NUMBER: FOV#: 15-000694 FOV#: 15-000695 ADDRESS: 16430 109th Avenue SE Renton, WA 98055-5267 PROPERTY OWNER: Tatyana Zagrebelny ATZ Family LP P.O. Box 60135 Renton, WA 98058 REVIEW AUTHORITY: City of Renton TYPE OF CASE: Finding of Violation INTRODUCTION Tatyana Zagrebelny, ATZ Family LP, has been charged with three counts of violating sections of the Renton Municipal Code for storage of a cargo container illegally (FOV#: 15-000695), excessive vehicle parking (FOV#: 15-000695) and illegal vehicle storage (FOV#: 15-000694). All three counts are affirmed. HEARING The hearing was held on the alleged violations of this case on August 16, 2016, at 10:00 a.m. at the Renton City Hall Council Chambers, 1055 South Grady Way, Renton, WA 98057. TESTIMONY Donna Locher, Code Enforcement Officer,testified that she went to both properties that morning and they are still in violation. Tatyana Zagrebelny failed to appear at the hearing. EXHIBITS Zagrebelny FOV#: I 5-000694 Ex. 1 Scheduling letter dated August 9, 2016 Ex. 2 August 1, 2016 letter from Zagrebelny Code Enforcement Decision- 1 Ex. 3 July 29, 2016 scheduling letter Ex. 4 No trespass sign Ex. 5 June 24, 2016 scheduling letter Ex. 6 Code compliance narrative Ex. 7 Photograph of vehicle with license plate no. B35938R Ex 8 Photograph taken by Phil Hutchins Ex. 9 Photo taken by Phil Hutchins dated June 18, 2013 Ex. 10 Photo taken by Phil Hutchins dated June 18, 2013 Ex. 11 Reserved Ex. 12 Photo No. 5 taken January 7, 2014 by Donna Locher Ex. 13 Photo No. 6 taken January 7, 2014 by Donna Locher Ex. 14 License plate vehicle information for B35938R(expired) Ex. 15 Letter from Locher to Zagrebelny dated January 8, 2014 Ex. 16a Photo No. 7 dated November 18, 2015 Ex. 16b Photo No. 8 dated November 18, 2015 Ex. 17 Finding of Violation dated November 19, 2015 Ex. 18 Photo No. 9 dated February 8, 2016 taken by Donna Locher Ex. 19 Finding of Violation February 9, 2016 Ex. 20 Photo No. 10 dated April 21, 2016 taken by Donna Locher Ex. 21 Finding of Violation April 25, 2016 CODE15- 000694 Zagrebelny FOV#: 15-000695 Ex. 1 August 9, 2016 scheduling letter Ex. 2 Code enforcement narrative Ex. 3 Finding of Violation dated April 25, 2016 Ex. 4 Photo No. 1 taken by Donna Locher November l 9, 2015 Ex. 5 Photo No. 2 taken by Donna Locher November 19, 2015 Ex. 6 Photo No. 3 taken by Donna Locher November 19, 2015 Ex. 7 Photo No. 4 taken by Donna Locher November 19, 2015 Ex. 8 DOL record showing AHL689 expired Ex. 9 DOL records Ex. 10 Photo No. 5 taken by Donna Locher November 19, 2015 Ex. 11 Finding of Violation Dated November 19, 2015 Ex. 12 Photo No. 6 taken February 1, 2016 Ex. 13 Photo No. 7 taken February 1, 2016 Ex. 14 Reserved. Ex. 15 Photo No. 8 taken February 1, 2016 Ex. 16 Photo No.9 taken February 1, 2016 Ex. 17 Photo No. 10 taken February 1, 2016 Ex. 18 Photo No. 11 taken February 1, 2016 Ex. 19 Finding of Violation dated April 25, 2016 CODE15- 000695 (same as Ex. 3) Ex. 20 July 29, 2016 scheduling letter Ex. 21 June 24, 2016 scheduling letter FINDINGS OF FACT Code Enforcement Decision-2 1. The site is located at 16430 109th Avenue SE, Renton. The site in question is a single family residence in the R-8 zoned owed by ATZ Family Limited Partnership and specifically Tatyana Zagrebelny. The Finding of Violation was directed to Ms. Zagrebelny P.O. Box 60135, Renton, Washington. 2. Factual findings specific to the counts alleged in the April 25, 2016 Findings of Violation for FOV#: 15-000694 and FOV#: 15-000695 are addressed below. All vehicles and the cargo container identified in the Findings below were at the property identified in Finding of Fact No. 1. Count 1 FOV#: 15-000694: Photographs taken by Ms. Locher and Mr. Hutchins (FOV#: 15-000694, Ex. 7-10, 11-13, 16a and 16b, 18 and 20), clearly establish that the subject property contained an inoperable vehicle or junk vehicle which represent a public nuisance (WA License #B35938R, expired December 2011). All findings are based on observations made by Phil Hutchins on June 18, 2013 and by Donna Locher on January 7, 2014, November 18, 2015, February 8, 2016 and April 21, 2016. Ms. Locher confirmed the inoperable/junk vehicle remained on the property as of the date of the hearing. Count 2 FOV#: 15-000695: Photographs taken by Ms. Lochner (FOV#: 15-000695, Ex. 4-7, 12-13 and 15-18), clearly establish that there are several vehicles on the lot owned by Ms. Zegrebelny. All findings are based on observations made by Ms. Lochner on November 19, 2015 and February 1, 2016. Ms. Locher confirmed multiple vehicles in excess of the zoning maximum remained on the property as of the date of the hearing. Count 3 FOV#: 15-000695: A photograph taken by Ms. Lochner (FOV#: 15-000695, Ex. 10), clearly establishes that there is a cargo container stored on the subject site. This finding is based on observations made by Ms. Lochner on November 19, 2015 and the date of the hearing. 3. Ms. Zagrebelny received prior Orders to Correct and Warnings of Violation on June 18, 2013, July 26, 2013, and January 8, 2014 for each of the above three counts (FOV#: 15-000694, Ex. 6 and 15). 4. The City issued Findings of Violation for Count 1 on November 19, 2015, February 9, 2016 and April 25, 2106 (FOV#: 15-000694, Ex. 17, 19, and 21). 5. The City issued Findings of Violation for Counts 2 and 3 on November 19, 2015 and April 25, 2016 (FOV#: 15-000695, Ex. 3 and ll). CONCLUSIONS OF LAW 1. Authoritv of Examiner: The Hearing Examiner has the authority and jurisdiction to review code violation as provided in RMC 1-3-2. Code Enforcement Decision-3 2. Code Violation: The Findings of Violation of this case (FOV#: 15-000694, Ex. 17, 19, and 21 and FOV#: 15-000695, Ex. 3 and 11) are based upon the violations of several Renton Municipal Code regulations, specifically RMC 4-4-080(F)(10)(d), RMC 4-2-060(M), RMC 4-5- 130(b)(4) and RMC 6-1-3(B) and the International Property Maintenance Code Subsection 308.9. The applicable criteria are quoted below in bold and italics with accompanying Conclusions of Law that apply those criteria to the Findings of Fact made above. 3. The property is zoned R-8. Count 1: Junk Vehicle or Vehicle Hulks on Private Proqertv Re�ulated (RMC 6-1-3(B)l: The storage, maintenance or retention of junk, wrecked, dismantled or an apparently inoperable vehicle, vehicle hulk, or any parts thereof, on private rea!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. 4. Count 1 is affirmed. The photographs in FOV#: 15-000694, Ex. 7-10, ll-13, 16a and 16b, 18 and 20 clearly show the vehicle with expired Washington license #B35938R has been located on the property since at least 2013. This vehicle is apparently inoperable and cannot be driven on public streets without a valid license plate (RMC 6-1-2). This vehicle is declared a public nuisance and is subject to abatement. The property owner violated this count on June 18, 2013, January 7, 2014, November 18, 2015, February 8, 2016, April 21, 2016 and August 16, 2016. Count 2: Vehicle Storage in Excess of Parking Maximums (RMC 4-4-080(Fl(10)(d)): ... A maacimum of 4 vehicles may be parked on a lot, including those vehicles under repair and restoration, unless kept within an enclosed building. 5. Count 2 is affirmed. The photographs in FOV#: 15-000695, Ex. 4-7, 12-13 and 15-18, and Ms. Lochner's testimony clearly establish that there are in excess of four vehicles parked outside on the lot and have been since at least 2015. The property owner violated this count on November 19, 2015, February 1, 2016 and August 16, 2016. Count 3: Outside Stora�e of Car�o Container on Residential Pronertv (RMC 4-2-060(M1. 4-5-130(bl(41 and International Proaertv Maintenance Code Subsection 308.9): Prohibited Materials: Shipping containers and other similar storage units do not qualify as accessory buildings on residentially zoned properties, and are prohibited. (RMC 4-5-130(B)(4) and IPMC 308.9) 6. Count 3 is affirmed. RMC 4-5-130(B)(4) and IPMC 308.9 prohibit cargo containers on residentially zoned property. Additionally, RMC 4-2-060(M) prohibits outdoor storage in the R- 8 zone. This types of storage are defined by RMC 4-11-090 as follows: STORAGE, OUTDOOR: The outdoor accumulation of material or eauipment for the aurnose of sale, rental, use on site, or shinping to other locations. This definition Code Enforcement Decision-4 excludes hazardous material stora�e,warehausin� and distribution, vehicte storase. and outdoor retail sales. The outdoar storage container qualifies as autdoor storage that is prohibited by RMC 4-2- 060(M) at the subject property. Ms. Lochner's photograph (FOV#: 15-000695, Ex. 10) and testimony, clearly establish that there is a cargo container stored on the subject site. The praperty owner violated this count on November 19,2015 and August 16, 2016. FINES Fines are governed by RMC 1-3-2(P): 1. The minimum penalty for the frrst violation shal! be one hundred dollars ($100), not including costs or court costs,fees, and assessments. 2. The minimum penalty for the second violation of the same nuture or a continuing violation shall be two hundred dollars ($20D), not including costs or court costs,fees, and assessments. 3. The minim,um penatty for the third viotation of the same nature or a continuing violatian sha116e three hundred doClars ($300), not including costs or court costs,fees, and assessments. 4. After three (3) prior violations, whether they oecurred at the same time or in succession, the fourth violation shall constrtute a gross misdemeanor. The Administratr�r undlor C'CI has the authority tv suhmit the vio7ations to the prasecutor for criminal prosecutian as provided in RMC 1-3-3.D. 1. All three caunts af violation are canfirmed. 2. The City issued Findings af Violation for Count 1 on November 19, 2015, February 9, 2016 and April 25, 2106 {FOV#: 15-400694, Ex. 17, 19, and 21). The penalty for the first Violation is $100. The penalty for the second vialation is $2Q0. The penalty for the third violation is $300. Cumulatively,the fine assessed for Count 1 is $600. 3. The City issued Findings af Violation for Counts 2 and 3 on November 19, 2�15 and April 25, 2016 (FOV#: 15-000695, Ex. 3 and 11). The penalty for the first violation of Counts 2 and 3 is $100 each. The penalty for the second violation of Counts 2 and 3 is $20Q each. The cumulative totai for Counts 2 and 3 are $300 each, or$600 total. 4. The total assessed fines are $1,200 for Count 1 ($600), Count 2 ($300) and Count 3 ($300}. Furthec violations rnay result in criminal prosecution far gross misdemeanor. 5. As authorized by RMC 1-3-2(L)(1), the defendant is ordered to abate ail affirmed violations on this property within 30 days of this decisian. Proper cleanup and abatement of vialations on the property would entail remaval of the cargo container, removal of all inaperable Code Enforcement Decision- 5 and unlicensed vehicles and removal af a(1 licensed and operable vehicles abave four total vehicles. DECISION Three counts af violating RMC 6-1-3(B),junk vehicles, are affirrned as to Ms. Zagrebelny. Two counts af violating RMC 4-4-080(F)(10)(d), vehicle storage in excess of parking maximums are aftirmed as to Ms. Zagrebelny. Two counts af violating RMC 4-2-060(M), 4-5-130(b)(4) and International Property Maintenance Code Subsection 3q8.9, Outside Storage of Cargo Container on Residential Property are affirmed as to Ms. Zagrebelny. The total assessed fines are $1,200 for Count l ($600), Count 2 ($300) and Count 3 ($300). Further violations may result in criminal prosecution for gross misdemeanor. DATED this 16`h day of September, 2016. ��:�� .�� Gity of Renton Hearing Examiner NQTICE C?F RIGHT TU APPEAL Aoneal to Superior Court. An appeal of the decisian of the Hearing Examiner must be filed with Superior Court within twenty-one calendar days, as required by the Land Use Petitian Act, Chapter 36.70C RC W. Code Enforcement Decision-6