HomeMy WebLinkAboutDecision & Letter (-:=CA.Y OA'
Armando Pavane 1-( +
Mayor a1�
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City Clerk Jason A.Seth,MMC
February 6, 2020
Gerson De Leon
1210 Pierce Place NE
Renton, WA 98056
Re: Request for Code Compliance Violation Hearing
Code Case No: CODE-19-000358
Dear Mr. De Leon:
I have attached the Hearing Examiner's Decision in the above referenced matter.
If you have any questions or concerns, please feel free to contact me.
Sincerely,
,;
a •n A. Seth
f
City Clerk
cc: Hearing Examiner
Craig Burnell, Building Official
Donna Locher, Code Compliance Inspector
Robert Shuey, Code Compliance Inspector
Kevin Louder, Code Compliance Inspector
Anna Felicio, Administrative Secretary I
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
DECISION
FILE NUMBER: CODE19-000358
VIOLATION SITE ADDRESS: 1210 Pierce PI NE
Renton, WA 98056
PROPERTY OWNER: Gerson De Leon
REVIEW AUTHORITY: City of Renton
TYPE OF CASE: Appeal of Finding of Violations
DISPOSITION: Finding of Violation sustained. $450 in fines due within 30
days.
SUMMARY
Gerson De Leon appeals a Finding of Violation dated October 15, 2019 alleging two code
violations. Both violations are sustained. The first alleged violation is of RMC 4-4-080.1.4.b,
which only authorizes one driveway for Mr. De Leon's property. Mr. De Leon's property has
three driveways. The second violation is of RMC 4-9-090, which requires Mr. De Leon to have
a business license for his home occupation. Mr. De Leon operates a home occupation and does
not have a business license. The fine for the driveway violation is set at $200. The fine for the
home occupation is set at $250. The total amount of fines for the October 15, 2019 violation is
$450, due within 30 days of the date of this decision.
HEARING
The hearing was held on the alleged violations of this case on November 12, 2019 at the Renton
City Hall Council Chambers, 1055 South Grady Way, Renton, WA 98057.
EXHIBITS
The following exhibits were entered into the record:
Exhibit 1: Appeal Request Received 10-22-19
Exhibit 2: Renton Code Compliance Narrative& Code Case Activity Report
Exhibit 3: 03-22-19 Inspection photos
Exhibit 4: Warning of Violation dated 03-25-2019 for case 19-000148
Exhibit 5: Inspection Request from Erin Churchill, Graffiti Abatement Coordinator
Exhibit 6: 06-05-2019 Inspection Photo
Exhibit 7: 06-13-19 Inspection Photos and City of Renton Map Printout
Exhibit 8: Warning of Violation dated 06-17-2019 with Signed Return Receipt
Exhibit 9: 09-04-2019 Inspection Photo
Exhibit 10: Finding of Violation dated 09-09-2019 and Inspection Photos
Exhibit 11: 10-02-2019 Inspection Photos
Exhibit 12: Inspection Request photos
Exhibit 13: Tax&License Division Registration Letter dated 10-11-2019
Exhibit 14: Department of Revenue, Secretary of State, and Tax Assessor Information
Exhibit 15: Finding of Violation dated 10-15-2019
Exhibit 16: Code Case 16-000825 Documents
Exhibit 17: Photographs taken 11/12/19
TESTIMONY
Mr.Louder
Kevin Louder, Code Compliance Office for the City of Renton, testified as follows:
On June 17, 2019, Mr. Louder issued a Warning of Violation for this case Code Case 19-000358.
For maximum number of driveways which violated RMC 44 080, Home Occupation RMC 49 090,
Constructing a structure in the backyard without a building permit.
Mr. Louder said there are three driveways, home occupation was a painting business, structure was
a storage shed.
On answering question from the hearing examiner, Mr. Louder explained that he identified the
driveways the following way: Driveway 1 is the driveway he believes came with the original house
structure. It pulls up to the only garage in the house. Driveway two is located on the right side of
the house, it is composed of gravel. There is a gate in front of it. Driveway 3 is the new driveway
that Mr. Deleon built on the left side of the house when he built the retaining wall. There is also a
gate in front of it.
Mr. Louder issued a Finding of Violation on September 9, 2019 for the Home Occupation, and the
driveway, no building permit
Exhibit 14 show the department of revenue records, business is being conducted.
Secretary of State Mr. Leon is the of De Leon Painting.
On October 2, 2019,the shed had been removed.
On October 15, 2019, Mr. Louder issued another Finding of Violation Home Occupation, and that
the maximum number of driveways was exceeded.
Nov 12, 2019,the pictures Mr. Louder took that morning shows paint bucket stored outside, a little
debris, a De Leon Truck on the property.
Mr. Louder has taken numerous pictures over the past several months. Sometime there were paint
trucks, sometimes there where not.
Mr. Louder testified that warnings for the same violation had been given previously. It was a
different address, but it was owned by Mr. De Leon. The Secretary of State still notes that as the
address of the business.
Mr. De Leon
Gerson De Leon (Full legal name is Gerson De Leon Morales) testified as follows:
Mr. De Leon stated that came to the City before he leveled the dirt on the left side of the house.
His neighbor had been complaining about his grass growing between his house and Mr. De Leon's
house. Mr. De Leon asked if he could build a small fence, a retaining wall, and fill it with dirt so
his land could be level. Mr. De Leon testified that when he came to the city,to this building Renton
City Hall, they told him that he can if he doesn't go over four (4) feet. So, Mr. De Leon built a
retaining wall attached and filled in dirt and gravel. Mr. De Leon said there is no driveway,just
gravel. Mr. De Leon does not know who he talked to at Renton City Hall. When asked a question
by the hearing examiner, Mr. Louder stated that Mr. De Leon was not cited for building a retaining
wall.
Mr. De Leon testified he is looking for a place to run his business out of. He has his work vehicles
at home because that is the only place he can keep them safe here in Renton. Mr. De Leon has had
his employees take the work vehicles to where they live but so many times there has been stealing
his tools, breaking his windows on his vehicles. That's why Mr. De Leon has the work vans at his
house. Mr. De Leon has cameras and more lights at his house. He is pretty sure his vehicles will
be safe there. Mr. De Leon testified that it is now going to cost him more money to get a place
where they can be locked and safe. Mr. De Leon testified that if that is what the law says he will
respect that. Mr. De Leon just needs time how long he needs to look for a place and is requesting
two months. When questioned by the hearing examiner, Mr. De Leon admitted that he is running a
business out of his home but needs time to look for another place.
Mr. De Leon testified that there are not three driveways at his house, there is only one. Then Mr.
DeLeon testified when he parks his boat in the back of his yard, he drives down gravel on one of
the sides of his house that has a gate that was already existing. Mr. Louder subsequently identified
this as Driveway#2.
Mr. De Leon testified that the previous homeowner never had a problem but now he does.
Mr. De Leon testified if you look at the pictures the driveway goes straight into the garage Mr.
Louder subsequently identified this as Driveway #1. Mr. De Leon testified when he built the
retaining wall, he just filled it with dirt and gravel, which he uses for his personal vehicle as well.
Mr. Louder subsequently identified this as Driveway #3.
Mr. De Leon then testified that on the right side of his house, there is another driveway that the
previous owner told him was there for many years. (Driveway#2) Mr. De Leon said the previous
owner, told him they had an RV over 20 feet and they never had a problem. Mr. De Leon testified
the previous owner told him he lived there for 30 or 40 years and never had a problem with the city.
When asked by the hearing examiner, Mr. De Leon acknowledged he had a truck parked on the
gravel by the retaining wall behind the gate. (Driveway #3). Mr. De Leon testified he uses it once
every two or three weeks. It is unclear what Driveway he was referring to.
Mr. De Leon testified likes his own toys, he likes to buy cars, he is 35 he likes to buy cars. Mr. De
Leon testified he built his extra road so he can go in one side and get out the other side. (It is easier
to get his boat out that way.
Mr. De Leon testified he works hard every day to buy what he likes. Mr. De Leon asked anyway
he can keep the roads or what the city is calling driveways. Mr. De Leon testified when he talked
to the city about the retaining wall on the left side of his house, they told him if he had gravel on it
won't be a driveway. That it would be attached to the driveway, but it won't be a driveway. Just a
regular entry.
When asked by the hearing examiner if he is arguing that they are not driveways,Mr. De Leon said
he is confused. One driveway already existed (driveway 2)and the other one the City said he could
build whatever he wants and if its only gravel it won't be called a driveway (driveway 3). He tried
to explain this to Mr. Louder. When questioned by the hearing examiner Mr. De Leon said that he
knew the City believed it to be a Driveway based on Mr. Louder first Finding of Violation.,
September 9, 2019.
When questioned by the hearing examiner, Mr. Louder explained that the Renton Code allows one
driveway per 165 feet of road frontage that your property has. Mr. Louder stated that the driveway
is where the garage is was probable built with the house. (driveway 1). Mr. Louder stated that he
has looked for definitive driveway definitions. When questioned by the hearing examiner, Mr.
Louder indicated that Driveway #3, a gravel road, used park cars and move them in and out, is a
driveway.
Mr. De Leon said he didn't believe it is a driveway. Even though Mr. Louder told him it was in
September it was a driveway, Mr. De Leon testified he is still using it because he needs it. That is
why he is looking for a place to put his vehicles
Mr. De Leon testified that he built the shed himself. He took it down. Mr. De Leon is going to get
submit the plans the right way.
Mr. De Leon testified that the neighbor across the street has a driveway that goes all the way to the
back of his house. Mr. De Leon testified he probable needs to submit a permit to build an actual
driveway so it can be attached to the one he has already.
Ms. Zekry
Eman Zekry testified resides in the subject property with Mr. De Leon. Ms. Zekry testified they
bought the house last year.Ms.Zekry testified that these driveways existed before they even bought
the house. Mr. Zekry testified they just put gravel where before there was just dirt. They cleaned
it up. Ms. Zekry testified that these two entrees to the back of the house existed before they lived
there . Ms. Zekry said the previous owner had an RV parked there all the time and trucks and cars
in the back. Ms. Zekry testified they already existed, but just cleaned it up and put the retaining
wall and gravel there because the neighbor was complaining about the grass growing. When
questioned by the hearing examiner, Ms.Zekry said they used that gravel driveway by the retaining
wall (driveway#3) for their business vehicles. Ms. Zekry testified they had four personal cars and
they will be using the gravel driveway occasionally as an entrance to the back. Ms. Zekry said that
she used the subject property as the business address to receive mail. Ms. Zekry wanted to know if
she could continue to receive mail there if they moved the business. The hearing examiner referred
Ms. Zekry to the City.
FINDINGS OF FACT
1.Violation Site. 1210 Pierce PI NE,Renton, WA 98056
2. Code Compliance History. Code Case 16-000825 was opened on December 16, 2016 for a home
occupation violation at 1209 N 35th St, Renton, WA 98056. This property was found to be owned
by Mr. Gerson De Leon, De Loan Painting, the appellant in the current case. During the course of
Code Case 16-000825,two Warnings of Violation were issued dated December 16, 2016 and
January 11, 2017, and two Findings of Violation were issued dated January 26, 2017 and February
10, 2017. As part of the resolution of this case an email was sent to Mr. De Leon stating the
qualification standards for a home occupation listed in RMC 4-9-090 F.4. This included the
standard that no additional parking may be added. See exhibit 16
3. Finding of Violation In the present case, CODE 19-000389, Mr. Louder issued a Finding of
Violation (FOV) on two separate dates, to Mr. De Leon, the owner of the violation site. On
September 9, 2019 Mr. De Leon was issued a Finding of Violation under Code Case Number
19-000358 for Four Violations. Including, Violation 1: RMC 4-4-080.1.4. b: Maximum
Number of Driveways; Violation 2: RMC Parking Allowed# in Residential Zone; Violation 3:
RMC Violation: RMC 4-9-090: Home Occupation; and Violation 4: No Building Permit.
On October 15, 2019, Mr. De Leon was issued a Second Notice of Finding of Violation under
Code Case Number 19-000358 for two Violations. Including, Violation 1: RMC 4-4-080.1.4.
b: Maximum Number of Driveways; and Violation 2: RMC Violation: RMC 4-9-090: Home
Occupation.
That Finding of Violations issued on September 9, 2019 and October 15, 2019 are the subject of
this appeal.
4. On March 21, 2019, Code Compliance received an inspection request for commercial trucks, a
shed built without a permit, and a painting business operating at 1210 Pierce P1 NE, Renton, WA
98056. Gerson De Leon is the owner of 1210 Pierce PI NE and a governing officer for Deleon
Painting LLC. See exhibit 14.
5.On March 22, 2019 Mr. Louder, Code Compliance Officer for the City of Renton, observed and
photographed violations for number of vehicles, inoperable vehicles, and construction without a
permit. See photos in exhibit 3.
6. On March 25, 2019, Mr. Louder opened Code Case 19-000148 and issued a Warning of
Violation for more than four cars parked on a residential parcel, inoperable vehicles, and no
building permit. At this time, Mr. Louder did not include the home occupation as he did not
witness the work vans at the property and Washington State Department of Revenue did not list
1210 Pierce PL NE as the location of a business.
7.On June 4, 2019,Erin Churchill, Graffiti Abetment Coordinator sent e-mail to Mr. Louder stating
a resident approached her while she was working in the area about the business vehicles and the
shed built without a permit. See Exhibit 5
8.On June 5, 2019, Code Compliance received an inspection request for the driveway construction,
painting business, and vehicles parked on the subject property. The inspection showed a painting
van, 3 step ladders, and trim. Photographs were taken See exhibit 6.
9.On June 12, 2019, another inspection showed a newly installed driveway, a painting van, step
ladders, and an excavator. See Exhibit 7
10.On June 17, 2019, Mr. Louder referred Code Case 19-000148 to a new Code Case 19-000358 to
include the business and driveway violations. Mr. Louder issued a Warning of Violation under the
new Code Case Number 19-000358, dated June 17, 2019 for maximum number of driveways,
home occupation, and no building permit. See exhibit 8
11.On June 18, 2019, Mr. Gerson De Leon called Mr. Louder and they discussed the violations.
Mr. De Leon said that he was told that a permit was not needed for the retaining wall or the
driveway addition. Mr. Louder informed Mr. Leon that a home occupation license was needed and
that employees could not report to work at the subject location. Mr. Louder saw there were too
many driveways, more than 4 vehicles (including trailers), and the shed in the back yard. Mr.
Louder told Mr. De Leon that he counted as many as 3 commercial vehicles at Mr. De Leon's
house and the rental he has across the street.
Mr. DeLeon said he would talk to planning about the driveways and have the other violations
resolved.
12.On September 3, 2019, Code compliance received a letter requesting an inspection with photos
of painting vans and the retaining wall being constructed on the subject property. See exhibit 12
13.On September 4, 2019, an inspection by Lead Code Compliance Inspector Donna Locher
showed a painting van being towed onto the property. See Exhibit 9.
14.On September 9, 2019, Mr. Louder inspected the property. Mr. Louder observed a
motorcycle, a white ford transit work vehicle, a dark grey Toyota tundra with De Leon Painting
stickers, a silver corolla, a red civic, a red Toyota tundra, and a large red truck behind fence. A total
of seven (7) vehicles were observed including business vehicles on the property. The storage shed
was still present, and no building permit had been obtained. Three driveways were observed on the
property include: Driveway 1, the driveway Mr. Louder believes came with the original house
structure. It pulls up to the only garage in the house; Driveway 2, located on the right side of the
•
house, composed of gravel with a gate in front of it; and. Driveway 3 the new driveway that Mr.
De Leon built on the left side of the house when he built the retaining wall that also has a gate in
front of it. All three of these driveways, located on Mr. de Leon's property, are private roads to his
house and land from the street in from of his house, which is a public way. See Exhibit 2.
Mr. Louder issued a Finding of Violation dated September 9, 2019 for maximum number of
driveways, parking allowed number in residential zone, home occupation, and no building permit.
See exhibit 10.
15. On September 11, 2019, Gerson De Leon called Mr. Louder acknowledging he had received
the Finding of Violation. Mr. De Leon did not agree with the violations. Mr. Louder explained how
to appeal the finding.
16.On October 8, 2019, an inspection of the property showed that the shed in the back yard built
without a permit was removed. See exhibit 11
17.On October 11, 2019: Tax& License Division sent a letter requesting business license
registration for De Leon Painting based on Washington State Department of Revenue address
records. See Exhibit 13
18. Mr. Louder observed and photographed on the property five (5) gallon buckets of paint and
other items consistent with a painting business being operated from the home. Including three De
Leon Painting trucks parked in a row. Mr. Louder noted that there were three driveways on the
subject property in use. Mr. Louder issued a Finding of Violation dated October 15, 2019 for
maximum number of driveways and home occupation violations. Driveways 1,2, and 3, located on
Mr. de Leon's property are private roads to his house or land from the public way, the street in
from of his house. See Exhibit 15.
Mr. Louder issued a Finding of Violation dated October 15, 2019 for maximum number of
driveways, and home occupation of a business. See exhibit 10.
19. The city's position is that more than ample time has been granted to bring the property into
compliance, which has not happened.
20.On October 22, 2019, an appeal request from Mr. Gerson De Leon was received. See exhibit 1
21. On November 12, 2019, another site inspection was conducted before the hearing Mr. Louder
observed a trailer parked in driveway 3, a jeep parked in driveway 1, and two red d=trucks parked
in driveway 2
21. Mr. De Leon testified that he was running a business out of his home and was trying to find a
location to move it.
22. Mr. De Leon testified that he had only one driveway that connected to the garage of the house.
He testified the second driveway was present when he moved in, and he had received permission
from the City of Renton to put in the third driveway. Additionally, Mr. De Leon testified that
numbers two and three are not driveways because they are gravel, not cement.
23.Mitigation. Mr. De Leon removed the shed from his property that constituted a building code violation
prior to the November Hearing.
CONCLUSIONS OF LAW
1. Authority of Examiner: The Hearing Examiner has the authority and jurisdiction to review
code violations as provided in RMC 1-3-2.
2. Code Violation: The code violations identified in Finding of Fact No. 3 are noted below
and applied to this appeal via corresponding conclusions of law.
3.VIOLATION 1: Maximum#of Driveways Code Text:RMC 4-4-080.1.4. b September 9, 2019
VIOLATION 1 Maximum#of Driveways Code Text: RMC 4-4-080.1.4. b October 15,2019
Maximum Number of Driveways Based Upon Land Use regulates the number of driveways based upon land
use, therefore the code states, 'There shall be no more than one driveway for each one hundred sixty five
feet (1659 of street frontage serving any one property or among properties under unified ownership or
control;for each one hundred sixty five feet (1659 of additional street frontage another driveway may be
permitted subject to the other requirements of this Section."
Definition of a Driveway. The Construction Administrative Code of the City of Renton 4-5-060
Construction administrative code, section 101.2.1 Definitions states that
"For the purpose of this section, certain terms, phrases, words and their derivatives shall have the
meanings set forth in this section. Where terms are not defined, they shall have their ordinary accepted
meanings within the context with which they are used. Webster's Third International Dictionary of English
Language, Unabridged, latest edition, shall be considered as providing ordinary accepted meanings."
Webster's Third International Dictionary of English Language, Unabridged, latest edition defines a
driveway as "a private road giving access from a public way to a building on abutting grounds."
Mr. De Leon's property contains three driveways. The size of the frontage of the property allows for only
one driveway.The three driveways on Mr.De Leon's property are driveways because they are private roads
giving access to a public way, the public street in front of Mr. De Leon's house. They provide access to a
building, Mr. De Leon's house, on abutting grounds. Mr. De Leon uses all three driveways to bring
vehicles in and out of his property. These three driveways were present on September 9,2019 and October
15, 2019.
4. VIOLATION 2: Parking Allowed#in Residential Zone Investigation Date Code Text: RMC 4-4-
080. F.10.d September 9,2019.
Parking Spaces Required Based on Land Use regulates the number of allowed parking spaces based on
land uses, therefore, the code states for detached dwellings in a residential zone: "a maximum of 4 vehicles
may be parked on a lot, including those vehicles under repair and restoration, unless kept within an
enclosed building"
Mr. De Leon's property does have more than the maximum of 4 vehicles at numerous times. Some of these
vehicles are used for his painting company, De Leon Painting, which he runs out of his home. On
September 9,2019 there were more than four(4)vehicles at Mr.De Leon's house.
5.VIOLATION 3: Home Occupation RMC Violation: RMC 4-9-090 September 9, 2019
VIOLATION 2: Home Occupation RMC Violation: RMC 4-9-090 October 15, 2019
Renton Municipal Code requires each business enterprise at each location to have a valid City of Renton
business license. A review of the city records by the business license accountant indicates your business is
operating in a residential zone and is not complying with the Home Occupation Business License standards.
Mr. De Leon runs a business out of his residential zone and therefore is not complying with the Home
Occupational Business License Standards. Mr. De Leon did not have a business license on September 9,
2019 or October 15, 2019, when business vehicles and buckets of paint and other items consistent with a
painting business where observed.
6.VIOLATION 4:No Building Permit September 9, 2019
Code Text:No Building Permit: The City of Renton Municipal Code requires building permits to be applied
for and obtained by any person, firm, or corporation to erect, construct, enlarge, alter, repair, move,
improve, remove, convert or demolish, use, occupy or maintain any building or structure in the city.
Mr. De Leon did not obtain a building permit prior to building a storage shed in the back yard. On
September 9,2019,there was not a permit for the structure. Subsequently Mr. De Leon removed the shed.
7.MITIGATION CIRCUMSTANCES. RMC 1-3-2E(3)(f) grants the examiner discretion on the
amount of fines imposed by a Finding of Violation. As determined by the Finding of Facts, the
City has contacted Mr. De Leon in 2016 for running a business out of a residential home.
Regarding the current violations, the City of Renton has contacted Mr. De Leon on two prior
occasions with Warnings of Code Violations. These Warnings included some of the same
violations seen here. The City of Renton has also issued two Findings of Violations based on the
aforementioned Warnings. The Second Finding of Violation included two of the same Violations
in the First Finding of Violations. As determined in Finding of Facts, Mr. De Leon did not stop
using his residence for his business, using three different driveways, or parking more than four
vehicles.
Mr. De Leon did remove the building structure (shed) in the First Finding of Violation prior to the
Second Finding of Violation being issued. The Hearing Examiner takes into consideration the
previous Code Violation, Warnings of Code Violations and the Mitigation by Mr. De Leon of
removing the shed.
DECISION
Violation No. 1 (Maximum Number of Driveways) of the September 9, 2019. Finding of Violation
is sustained. The fine is set at$100.
Violation No. 2 (Parking Allowed # in Residential Zone) of the September 9, 2019. Finding of
Violation is sustained. The fine is set at $100.
Violation No. 3 (Home Occupation) of the September 9, 2019. Finding of Violation is sustained.
The fine is set at $100.
Violation No. 4 (No Building Permit.) of the September 9, 2019 Finding of Violation is sustained.
The fine has been waived as Mr. De Leon abated the violation.
Violation No. 1 (Maximum Number of Driveways; and Violation) of the October 15, 2019 Finding
of Violation is sustained. The fine is set at $200
Violation No. 2 (Home Occupation) of the October 15,2019 Finding of Violation is sustained. The
fine is set at$250.00
Decision issued February 5, 2020.
Kristen Olbrechts
Hearing Examiner
NOTICE OF RIGHT TO APPEAL
Appeal to Superior Court. An appeal of the decision of the Hearing Examiner must be filed with
Superior Court within twenty-one calendar days,as required by the Land Use Petition Act, Chapter
36.70C RCW.
Cynthia Moya
From: Kristen Olbrechts <kolbrechtslaw@gmail.com>
Sent: Wednesday, February 05, 2020 9:10 AM
To: Cynthia Moya; Kolbrechtslaw
Subject: De Leon
Attachments: Code Enforcement_De Leon_final.pdf
Cindy,
You should have received this decision in December. I am not sure why I had trouble sending it.
I have changed the date to reflect todays date.
Please let me know if you receive this.
Thank you!
Kristen
Kristen Olbrechts
kolbrechtslaw@gmail.com
206 450-7941
t