HomeMy WebLinkAboutPizzaro Code Compliance Hearing Decision - 19-000137Denis Law Mayor IR
City Clerk-Jason A.Seth,CMC
August 22, 2019
Gwen Pizarro
17025 125th Avenue SE
Renton, WA 98058
Re: Request for Code Compliance Violation Hearing
Code Case No: CODE-19-000137
Dear Ms. Pizarro:
I have attached the Order Dismissing Appeals as Untimely dated 8/21/2019, in the above
referenced matter.
If you have any questions or concerns, please feel free to contact me.
Sincerely,
Jason . 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
Herlinda Corn, Accounts Receivable
1055 South Grady Way,Renton,WA 98057 • (425)430-6510/Fax (425)430-6516 • rentonwa.gov
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THE HEARING EXAMINER OF THE CITY OF RENTON
8 IN RE: Code No. 19-000137
9
Gwendolyn Pizzaro
10 ORDER DISMISSING APPEALS AS
11 Finding of Violation Appeals UNTIMELY
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Summary19
20 The City has issued two Findings of Violation against Ms. Pizzaro, one dated June 10,
21 2019 and the other dated July 29, 2019. The appeal filed for the July 29, 2019 Finding
of Violation is dismissed as untimely. The appeal filed for the June 10, 2019 Finding of
22 Violation is not dismissed and the City Clerk is directed to schedule an appeal hearing.
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25 WHEREAS, the City of Renton issue a Finding of Violation on June 10, 2019
and a second Finding of Violation on July 9, 2019 for alleged code violations occurring26at17025125thAveSE; and
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28 WHEREAS, the Findings of Violation were issued to Gwendolyn Pizarro, the
owner of the property subject to the Findings of Violation; and
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Order of Dismissal
PAGE 1
1 WHEREAS, Ms. Pizarro filed an appeal of the June 10, 2019 Finding of
2 Violation on June 28, 2019 as evidenced by here written appeal wherein she dated her
signature as June 28, 2019; and
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4 WHERERAS, Ms. Pizarro filed an appeal of the July 9, 2019 Finding of
Violation on July 29, 2019 as evidenced by her written appeal wherein she dated her
5 signature as July 29, 2019 and the appeal was also date stamped by the City of Renton
6 as July 29, 2019; and
7 WHEREAS, by emails dated July 11, 2019 and July 29, 2019, the City's code
8 compliance inspector, Donna Locher, advised the City Clerk that the two appeals from
9 Ms. Pizarro were untimely, and
10 WHEREAS, by email dated July 30, 2019, the hearing examiner offered Ms.
11 Pizarro an opportunity to respond to Ms. Locher's emails asserting her appeals are
untimely; and12
13 WHEREAS, by email dated July 31, 2019, Ms. Pizarro questioned whether she
14 had received the Findings of Violation in a timely manner to meet the 15 day deadline;
and
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16 WHEREAS, by email dated August 15, 2019, Ms. Locher sent a response to Ms.
Pizarro's July 31, 2019 email with three attachments containing certified mail receipts;
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WHEREAS, in the August 15, 2019 email Ms. Locher wrote that the Finding of19ViolationdatedJune10, 2019 had been mailed by regular and certified mail on June 10,
20 2019 and that the July 9, 2019 Finding of Violation had been mailed by regular and
21 certified mail on July 9, 2019, and
22 WHEREAS, the certified mail receipt for the June 10, 2019 finding of violation
23 had a postmark of June 10, 2019 and the July 9, 2019 certified mail receipt had no
postmark, and
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25 WHEREAS, given the written testimony and postmark supplied by Ms. Locher,
and the absence of any alternative dates presented by Ms. Pizarro, it is determined that26theJune10, 2019 Finding of Violation was mailed on June 10, 2019 and that the July 9,
27 2019 Finding of Violation was mailed on July 9, 2019; and
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WHEREAS, Renton Municipal Code ("RMC") Section 1-3-2E2b requires an
29 appellant to file an appeal of a finding of violation "within fifteen (15) days of the date
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Order of Dismissal
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1 of the Finding of Violation" and RMC 1-3-2E2a requires the filing of the appeal within
2 15 days of the date of"issuance" of the Finding of Valuation, and
3 WHEREAS, construing the "issuance" date from RMC 1-3-2E2b as three days
4 after mailing as set by Superior Court Civil Rule 6e for deadlines based upon mailed
documents, the filing deadline for the Finding of Violation mailed on June 10, 2019
5 was June 28, 2019 and the filing deadline for the Finding of Violation mailed on July 9,
6 2019 was July 27, 2019; and
WHEREAS, given the findings of the last whereas clause, it is determined that
8 Ms. Pizarro timely filed her appeal of the June 10, 2019 Finding of Violation but not the
9 July 9, 2019 Finding of Violation; and
10 WHEREAS, RMC 1-3-2E2a provides that untimely appeals are not subject to
11 review, NOW, THEREFORE,
12 Order
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The Whereas clauses of this Order are adopted as findings of fact and conclusions of
law. The July 29, 2019 appeal was untimely and is dismissed as required by RMC 1-3-
15 2E2a. The June 28, 2019 appeal was timely and the City Clerk is directed to schedule
16 an appeal hearing for the June 10, 2019 Finding of Violation.
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18 ORDERED this 21st day of August, 2019.
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22 it A.Olbrects
23 City of Renton Hearing Examiner
24 Appeal Right
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26 The decision to dismiss the July 29, 2019 appeal is appealable to superior court within
27 21 days as governed by the Washington State Land Use Petition Act, Chapter 36.70C
28 RCW.
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Order of Dismissal
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Order of Dismissal
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