HomeMy WebLinkAboutCity's Response to Defendant's Motion to Dismiss
RESPONSE TO DEFENDANT’S MOTION TO DISMISS – Page 1
Renton City Attorney
1055 S. Grady Way
Renton, WA 98057-3232
Phone: 425.430.6480
Fax: 425.430.6498
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BEFORE THE CITY OF RENTON HEARING EXAMINER
IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON
CITY OF RENTON,
Plaintiff,
v.
REMUS SUCIU,
Defendant.
NO. CODE20-000181
CODE20-000182
RESPONSE TO DEFENDANT’S MOTION TO
DISMISS
COMES NOW, the Plaintiff City of Renton, by and through its attorney, Alex Tuttle, as a
courtesy on behalf of Kevin Louder, City of Renton code compliance inspector, and hereby
responds to Defendant’s Motion to Dismiss as follows:
I. PROCEDURAL FACTS
On April 21, 2020, Defendant was cited by the City’s code compliance inspector for a
number of violations of the Renton Municipal Code occurring on his two adjoining properties,
located at 1916 Aberdeen Ave NE and 1924 Aberdeen Ave NE in the City of Renton, King
County, Washington. A timely appeal was received on April 28, 2020, and a hearing was
scheduled soon thereafter for June 23, 2020. On June 15, 2020, Defendant filed a motion to
dismiss. What follows is the City’s response to that motion.
RESPONSE TO DEFENDANT’S MOTION TO DISMISS – Page 2
Renton City Attorney
1055 S. Grady Way
Renton, WA 98057-3232
Phone: 425.430.6480
Fax: 425.430.6498
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II. ARGUMENT
The City of Renton has established a non-judicial system of code enforcement and
created a process whereby violations of its code are enforced. See RMC 1-3-2.A. When a code
violation is discovered, the code compliance inspector has the authority to issue a citation for a
finding of violation and serve the violator with the relevant details. See RMC 1-3-2.C.2. There is
no allegation in the Defendant’s Motion to Dismiss that the City does not have this authority,
nor that the Renton Municipal Code does not apply.
If the violator does not agree with the findings made by the City’s code compliance
inspector, there exists an appeal and hearing procedure governed by RMC 1-3-2.E. There the
violator has the right to present evidence in his or her defense.
RMC 1-3-2.C.2.b states:
The Finding of Violation is deemed final unless a Violator requests a hearing before the
Administrator under the process detailed in RMC 1-3-2.E.1, Opportunity for a Hearing.
The failure to request, submit a written argument and/or appear at a hearing makes the
Finding of Violation final. If a hearing is requested, the final determination of the Finding
of Violation shall be made by the Administrator, or his or her designee.
The Administrator has designated the Hearing Examiner as his designee. It should be noted that
at the hearing, the City also has an opportunity to admit exhibits into evidence and provide
testimony supporting the issuance of the violation. See RMC 1-3-2.C.3.a:
Hearing Procedure: The Administrator may choose to hear the matter orally or based
solely on the parties’ written submissions or both. The Finding of Violation may satisfy
the City’s burden of production, but the City may submit additional written testimony.
If the Administrator determines that the matter requires an in-person hearing, such a
hearing may be scheduled, and appropriate and reasonable notice shall be provided to
the CCI and Violator(s). [Emphasis added.]
RESPONSE TO DEFENDANT’S MOTION TO DISMISS – Page 3
Renton City Attorney
1055 S. Grady Way
Renton, WA 98057-3232
Phone: 425.430.6480
Fax: 425.430.6498
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Although the Hearing Examiner does have the authority to choose to make a determination
based solely on written submissions, in this case the City is aware of no such decision, and the
City is preparing to present evidence at the June 23, 2020 hearing.
Finally, it should be noted that the scope of the requested hearing is limited to the
conditions of the property on the day the violation is noted. See RMC 1-3-2.E.3.c:
Scope of Hearing: The scope of the hearing is limited to the conditions of the property
on the date listed on the Finding of Violation. Relitigation of previously imposed costs
and/or fines is prohibited.
Although Defendant claims to have taken steps to correct a number of the violations, according
to his Motion to Dismiss, those remedial measures are outside the scope of the hearing and
should not be considered.
III. CONCLUSION
Defendant’s Motion to Dismiss is nothing more than an attempt to short circuit the
City’s opportunity to present evidence, hold an in-person hearing, and create a record, should
there be a need to appeal the Administrator’s decision. Defendant cites no legal authority
supporting the dismissal of his citations, nor has he cited any authority supporting the position
that the City should be denied an opportunity to present evidence. Defendant’s Motion to
Dismiss should be denied.
RESPECTFULLY SUBMITTED, this 19th day of June, 2020.
CITY OF RENTON:
By:________________________________
Alex Tuttle, WSBA #41743
Attorney for City of Renton