HomeMy WebLinkAbout2020-06-15_ Motion to Dismiss1
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CITY OF RENTON,
vs.
REMUS SUCIU,
IN THE CITY OF RENTON
KING COUNTY, WASHINGTON
Plaintiff,
Defendant.
Clerk of the City; and
No. CODE20-000181 and.
CODE20-000182
MOTION TO DISMISS
Building official, Code Compliance Inspectors and the Administrative Secretary.
COMES NOW, the defendant Remus Suciu, by and through his attorney, Salah A.
Kornas, and moves the City to dismiss the above Code Violation for the following
reasons:
First Code Case No: CODE20-000181
1. Violation 1: Parking Commercial Vehicles should be dismissed pursuant to
RMC 4-4085 (E)(2) "A vehicle that is being used far the exclusive purpose oj'providing
active and permitted construction or other hired services with the permission of the
owner of the property at that location including, but not limited to, construction,
carpentry, plumbing landscaping, and moving services."
MOTION TO DISMISS- 1
Lam Office ofSalah A. Bornas
12197 SW On& F1
Bellevue, WA 99006
Tel (206) 621-9460 salah 'sa1ahk-0mgs.c0m
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The blue semi -truck parked on the east side of the property was being used for the
purpose of providing active and permitted construction with the permission of the
owner. Mr. Suciu has an active Building Permit: B19003259 and Electrical Permit:
E19003260, with an expiration date of 07/31/2020_ (Exhibit-l-2) The construction was
delayed due to the difficulty in arranging for inspection due to the COVID-19
pandemic. Mr. Suciu is actively working hard to finish the construction. The semi -truck
tractor was used in activity permitted construction.
Violation 2: A blue Ford F-150 without a license plate should be dismissed.
At the time of the alleged violation, the blue Ford F-150 has a temporary
permit while waiting for a VIN inspection as required by the Washington
State Petrol (Exhibit-3-5)
Second, Code Case No: CODE20-000182
1. Violation 1: "Observed 3 vehicles in the front driveway and two vehicles on
the east side of the property. "
Mr. Suciu is the owner of
1916 Aberdeen Ave NE Renton, WA 98056 property and
1924 Aberdeen Ave. NE Renton, WA 98056 adjacent property.
4. Maximum Number of Vehicles per Lot: A maximum offour (4) vehicles, not
including motorcycles or mopeds, may he parked on a lot unless vehicles in
excess of the allowed number are kept within an enclosed building. Additional
vehicles may be allowed if
MOTION TO DISMISS- 2
Law O.hrce of&d2h A. Kornas
12157 SE 681& F!
Bellevue, WA 98006
Tel (206) 621-940 salah a;sa7ahkornas.com
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a. More than four (4) licensed drivers reside at the same address, an
additional motor vehicle for each licensed driver over four (4) may be
parked at that particular address, provided that each licensed driver and
said vehicle are registered to that same address; (RMC 4-4-085 (4))
Mr. Suciu does not have more than four vehicles on each of his properties. There
were three on each property. Therefore, Mr. Suciu denies the allegation of violation and
respectfully requests the City to dismiss the code violation.
2. Violation 2: Outdoor Storage Residential "Observed what to be truck sides
stored in the front yard and items including but not limited to a pallet, metal,
and a ladder stored along the north side yard. "
Mr. Suciu has consolidated the outdoor storage and moved the ladder
according to the requested corrective action. Therefore Mr. Suciu
respectfully requests that the above violation be dismissed.
3. Violation 3: Parking: Commercial Vehicles: "Observed a blue semi -truck
and tractor -trailer parked along the east side of the property": should be
dismissed pursuant to RMC 4-4085 (E)(2) A vehicle that is being used for
the exclusive purpose of providing active and permitted construction or
other hired services with the permission of the owner of the property, at
that location including, but not limited to, construction, carpentry,
plumbing, landscaping, and moving services.
MOTION TO DISMISS- 3
Law Office ofSalah A. Kornas
12197SE 681h FI
Bellevue, WA 98006
Tel (206) 621-9460saral salahknrnas.con,
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other hired services with the permission of the owner of the property at
that location including, but not limited to, construction, carpentry,
plumbing, landscaping, and moving services.
The blue semi -truck parked on the east side of the property was being used
for the purpose of providing active and permitted construction with the
permission of the owner. Mr. Suciu has an active Building Permit:
B 19003259 and Electrical Permit: E 19003260, with an expiration date of
07/31 /2020. (Exhibit-1-2) The construction was delayed due to the
difficulty in arranging for inspection due to the COVID-19 pandemic. Mr.
Suciu is actively working hard to finish the construction. The trailer is a
boat trailer and is allowed to be parked on the property and the semi -truck
tractor was used in activity permitted construction.
In addition, the Federal Motor Carrier Safety Administration (FMCSA),
states under Personal Conveyance regulations that:
EXAMPLES OF APPROPRL4TE USES A CMV WHILE OFF -DUTY FOR
PERSONAL CONVENIENCE:
2. Commuting between the driver's terminal and his or her residence.
(FMCSA updates the guidance for § 395.8 Driver's Record of Duty
Status) (Exhibit-6)
MOTION TO DISMISS- 4
Laces Of7ce ofSalah A. Kornas
12157 SLR' 681h PI
Bellevue, WA 98006
T&(Z06) 621-W60_salahlQ'.salah&orrzas.cnm
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2. Mr. Suciu requests that the above violations be dismissed for the judicial
economy. The world, our country, states, and cities are facing unprecedented
challenges.
For all the above reasons, and because the construction on Mr. Suciu's property
is near completion, WE RESPECTFULLY ask the City to dismiss the Code
violation and the Tuesday, June 23, 2020 hearing_
Respectfully sumbmitted on June 15, 2020
MOTION TO DISMISS- 5
Attorney for Remus Suciu
Law Office ofSalah A. Kornas
12157SE 68rh Pl
Bellevue, WA 980"
Tel (2D6)621-9460saLa galihhomas.cnm
E I
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DEPARTMENT OF COMMUNITY
AND ECONOMIC DEVELOPMENT
Building Permit: B19003259
Permit Name: SUCIU SFR CARPORT
AddresVl.ocation: 1916 ABERDEEN AVE NE
Permit Type: BLD m BUILDING
Permit Work Class; Single Family - Addition
IVR Number: 19003259
Parcel Number: 3343901604 Application Date
Total Valuation: $20,720 Issue Date;
Expiration Date:
# of Dwelling Units:1
SUC1U SFR CONSTRUCT 1000 SQ FT DETACHED CARPORTAND BUILD RETAINING WALL
06/1712019
08/01/2019
07/31 /2020
Occupancy Group Type of Construction Valuation Square Feet
R-2 Residential Carport/PatioCover VB $20,720.00 1,000
Billing Type Name
X' Owner REMUS SUCIU
Address
1924 Aberdeen Ave NE
Phone
B: (425) 417-1227
H: (425) 417-1227
Permission is hereby given for the work described on this permit according to the conditions hereon and according to the
approved plans and specifications pertaining thereto, subject to compliance with the Ordinance of the City of Renton.
* This permit and plans must be posted at the job site at all times.
• I hereby certify that no work is to be done except as described above and in approved plans, and that work is to conform to
Renton codes and ordinances.
• Call 425.430.7202 or go to: www.MyBuildingPermit.com one working day in advance to schedule an inspections and for ANY
work in the Right of Way.
• Call 8 1 1 to locate underground utilities at least two full business days prior to any excavation,
(Signature) (Date)
THIS PERMITAND PLANS MUST BE POSTED AT THE JOB SITE AT ALL TIMES Page I of 2
DEPARTMENT OF COMMUNITY
AND ECONOMIC DEVELOPMENT
e
Electrical Permit: E19003260
IVR Number: 19003260
Permit [dame: SUCIU SFR CARPO RT
Address/Location. 1916 ABERDEEN AVE NE Parcel Number: 3343901604 Application Date: 06/17/2019
Permit Type:
ELECTRICAL PERMIT
Total Valuation: $1,500
Issue Hate: 08/01/2019
Permit Work Class: Single Family - Addition
Expiration gate: 07/31/2020
Description:
SUCIU SFR CARPORT LIGHTING FROM EXISTING 60 AMP RUN FROM OLD JACUZ,ZI
Billing Type
Name
Address
Phone
X Owner
REMUS aUCIU
1924 Aberdeen Ave NE
B: (425) 417-1227
Conditions
Renton, WA 98056
H: 425 417-1227
Permission is hereby given for the work described on this permit according to the conditions hereon and according to the
approved plans and specifications pertaining thereto, subject to compliance with the Ordinance of the City of Renton.
* This permit and plans must be posted at the job site at all times.
hereby certify that no work is to be done except as described above and in approved plans, and that work is to conform to
Renton codes and ordinances.
• Call 425.430.7202 or go to: www.MyBuildingPermit.com one working day in advance to schedule an inspections and for ANY
work in the Right of Way.
Call 81 1 to locate underground utiiiti ast two full business days prior to any excavation.
e / - / �
(Signature)
(Date)
THIS PERMIT AND PLANS MUST BE PASTED AT THE JOB SITE AT ALL TIMES Page 1. of 2
EXHIBIT
3
V'N Carve acct#Pancy WIli be limited to the registering party. One passenger vAll be ,permitted if needed as an interpreter.
lPW35e Av iv* wq,'af!Q9 a face mask and be prel)Md to foittoW social distancing guidelines provided during the inspection.
Week Available
-
lrrsttf4nce or wrecker destroyed,
iva ed vehicle 0;30
Q pe of m3peCtiCn: A vahicrs re6usl, afcr bcing totaled (insurance or wrecker destroyed)
Ownership in doubt 0:34
VIN Verification 0:30
VIN does not conform (Not 17 digits) I.00 Availability for Insurance or wrecker destroyed, salvaged vehicle after 9/412020
No VIN (Homemade or Unidentifiable) 1.00
DOL Code 6500
1:00
No available space found
DOL Code 7700
1'00
Assembled, Street Rod, Custom or
1:00
1 o add appointments to the :,chedule pk!ase sign in
Kit Vehicles
Trailers
0,30
Find available space after 6111/2020 900am
Non --Resident Student or Military only
0:30
Other (Please call ahead)
1:00
Lost Title
0:30
License Cancelled
030
m _ WWII,,
EXHIBIT
4
Edit Appointment x
When eill2020 7030am i to 1 9M:2020 11 00am
Full name ` remus suciu
Phone4254171227,
Company lif applicable)
Enter Fult VI N of vehicte
VehicleYeAdMaReWode€' j2G14F155
Reason for inspection1corriniant5
t _
j 1lisura,icc ar+:+,reak_es destraye_ d, salvaged vehicle v
_ ' Iru>ic;eiesreginrerl field
Greeted on 6,T202C 7 313W. c,• cnkn7T77d yMa;:cari,
updated On 61212L'ri 7 346r.. h{ cat:'1777@-4ahm, cosh
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EXHIBIT
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EXHIBIT
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gE.F.-. An official website of the United States government Here's how you_know
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Home / Regulations / Hours of Service
Hours of Service
persona! Conveyance
Regulations
Regulatory Impact Analysis
Personal conveyance is the movement of a commercial motor vehicle (CMV) for personal use while off -duty.
for 2011 Final Rule
A driver may record time operating a CMV for personal conveyance as off -duty only when the driver is
relieved from work and all responsibility for performing work by the motor carrier. The CMV may be used
Environmental Assessment
for personal conveyance even if it is laden, since the load is not being transported for the commercial
for 2011 Final Rule
benefit of the motor carrier at that time. Personal conveyance does not reduce a driver's or motor carrier's
Agricultural Commodity
responsibility to operate a CMV safely. Motor carriers can establish personal conveyance limitations either
within the scope of, or more restrictive than, the guidance provided her,.
Personal Conveyance
Click here for a recorded presentation that provides an overview of the revised personal conveyance
guidance; the corresponding powerpoint slides are available here.
Click here for answers to frequently asked questions regarding personal conveyance and FMCSA's recent
Related Links
regulatory guidance.
• Hours of Service of Drivers
FMCSA updates the guidance for § 395.8 Driver's Record of Duty Status to read as follows:
of Commercial Motor
Vehicles: Regulatory
Question 26: under what circumstances may a driver operate a commercial
Guidance C...
motor vehicle (CMS/) as a personal conveyance?
• Regulatory Guidance
Concerning the Use of a
Guidance: A driver may record time operating a CMV for personal conveyance (i.e., for personal use or
Commercial Motor Vehicle
reasons) as off -duty only when the driver is relieved from work and all responsibility for performing work by
for Person...
the motor carrier. The CMV may be used for personal conveyance even if it is laden, since the load is not
being transported for the commercial benefit of the carrier at that time. Personal conveyance does not
reduce a driver's or motor carrier's responsibility to operate a CMV safely. Motor carriers can establish
personal conveyance limitations either within the scope of, or more restrictive than, this guidance, such as
banning use of a CMV for personal conveyance purposes, imposing a distance limitation on personal
FMCSA Information
conveyance, or prohibiting personal conveyance while the CMV is laden.
Line
1200 New Jersey Avenue SE
EXAMPLES OF APPROPRIATE USES OF A CMV WHILE OFF -DUTY FOR PERSONAL CONVEYANCE
Washington, DC 20590
The following are examples of appropriate uses of a CMV while off duty for personal conveyance include,
United States
but are not limited to:
Phone: 800-832-5660
1. Time spent traveling from a driver's en route lodging (such as a motel or truck stop) to restaurants and
entertainment facilities.
Social Media Links: Chat -
2. Commuting between the driver's terminal and his or her residence, between trailer -drop lots and the
Registration Help
driver's residence, and between work sites and his or her residence. In these scenarios, the
commuting distance combined with the release from work and start to work times must allow the
driver enough time to obtain the required restorative rest as to ensure the driver is not fatigued.
3. Time spent traveling to a nearby, reasonable, safe location to obtain required rest after loading or
unloading. The time driving under personal conveyance must allow the driver adequate time to obtain
the required rest in accordance with minimum off -duty periods under 49 CFR 395.3(a)(1) (property -
carrying vehicles) or 395.5(a) (passenger -carrying vehicles) before returning to on -duty driving, and the
resting location must be the first such location reasonably available.
4. Moving a CMV at the request of a safety official during the driver's off-dutytime
5. Time spent traveling in a motorcoach without passengers to en route lodging (such as motel or truck
stop), or to restaurants and entertainment facilities and back to the lodging. In this scenario, the driver
of the motorcoach can claim personal conveyance provided the driver is off -duty, other off -duty
drivers may be on board the vehicle, and are not considered passengers.
6. Time spent transporting personal property while off -duty.
i. Authorized use of a CMV to travel home after working at an offsite location.
EXAMPLES OF USES OF A CMV THAT WOULD NOT QUALIFY AS PERSONAL CONVEYANCE
1 /2
The following are examples of uses of a CMV that would not qualify as personal conveyance include, but are
not limited to, the following:
1. The movement of a CMV in order to enhance the operational readiness of a motor carrier. For
example, bypassing available resting locations in order to get closer to the next loading or unloading
point or other scheduled motor carrier destination.
2. After delivering a towed unit, and the towing unit no longer meets the definition of a CMV, the driver
returns to the point of origin under the direction of the motor carrier to pick up another towed unit.
3. Continuation of a CMV trip in interstate commerce in order to fulfill a business purpose, including
bobtailing or operating with an empty trailer in order to retrieve another load or repositioning CMV
(tractor or trailer) at the direction of the motor carrier.
4. Time spent driving a passenger -carrying CMV while passenger(s) are on board. Off -duty drivers are
not considered passengers when traveling to a common destination of their own choice within the
scope of this guidance.
5. Time spent transporting a CMV to a facility to have vehicle maintenance performed.
6. After being placed out of service for exceeding the maximum periods permitted under part 395, time
spent driving to a location to obtain required rest, unless so directed by an enforcement officer at the
scene.
7. Time spent traveling to a motor carrier's terminal after loading or unloading from a shipper or a
receiver.
S. Time spent operating a motorcoach when luggage is stowed, the passengers have disembarked and
the driver has been directed to deliver the luggage.
Last updated., Tuesday, February 12, 2019
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