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HomeMy WebLinkAboutDefendant's response to the Cityni 1 2 3 4 5 6 7 8 9 10 li i2 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 DEFENDANT'S RESPONSE TO THE CITY Hearing Examiner, Building official, Code Compliance Inspectors and the inistrative Secretary. COMES NOW, the defendant Remus Suciu, by and through his attorney, Salah A_ Kornas, and moves the Hearing Examiner to dismiss the above Code Violation due to the failure of the City of Renton to address the defense motion to dismiss. The city of Renton waited until Friday, 6/19/2020 at 9:58 AM, two minutes before the deadline of I0:00 AM ordered by the Hearing Examiner, to respond to the defense motion to dismiss that was sent on Monday 6/15/2020 at 11:25 AM. The City respond to the defendant Motion to dismiss failed to address the substantive issues requesting the dismissal of the Code Violations. MOTION TO DISMISS- I Law Office ofSalah A. Kornas 12157SB 6&— P1 BeBevue, WA AW6 rel (206) 621-9460'salabkornas.cotn 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 181 19 20 21 22 23 24 25 26 27 28 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 for the exclusive purpose ref 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." 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: 1319003259 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 MOTION TO DISMISS- 2 Law Oft7ce ofSalah A. Kornas 12157 SLR 681h Pl Bellevue, WA 98006 Tel (206) 621-9460 Salah a'.salahl ornas. cprzt 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 201' 21 22 23 24 25 26 27 28 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 o1Jbur (4) vehicles, not including motorcycles or mopeds, may be parked on a lot unless vehicles in excess of the allowed number are kept within an enclosed building. Additional vehicles may be allowed if: 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. " MOTION TO DISMISS- 3 Law Office ofSalahA. Korpas 12157SE 68th PI Bellevue, TPA 98006 Tel (206) 621-94606salah(a's&ahi oxnas.corn 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The stored items in the front yard are used in construction and are permitted by a valid construction permit issued by the City of Renton. (See Exhibit 1- 3). Mr. Suciu has also 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 qj'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: B19003259 and Electrical Permit: E19003260, 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 MOTION TO DISMISS- 4 Law O.&xce ofSalah A. gomas 12157 SE 6P, P1 Bellevue, WA 98006 Tel (206) 621-9460 salah(a'.sa7ahkornas.cam 1 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19; 20 21 22 23 24 25 26 27 28 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 APPROPRIATE USES A CA4V 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) 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 Hearing Examiner to dismiss the Code ,violation and the Tuesday, June 23, 2020 hearing. Respectfully submitted on June 19, 2020 MOTION TO DISMISS- 5 Salah A. Kornas, WSBA # 27731 Attorney for Remus Suciu Law Ofrce ofSalah A. X"omas 12157 SE 68d, P1 Bellevue, WA 98006 Tel (206) 621-9460sa1ahlllsalahkornas_com K'A Erf 1-2 0 DEPARTMENT OF COMMUNITY ,AND ECONOMIC DEVELOPMENT Building Permit: B19003259 IVR Number: 19003259 Address/Location: 1916 ABERDEEN AVE NE Parcel Number: 3343901604 Application Date: Permit Type: BLD - BUILDING Total Valuation: $20,720 Issue Date: Permit Work Class; Single Family a Addition Expiration Date: # of Dwelling Units:1 Description: SUCIU SFR CONSTRUCT 1000 SQ FT DETACHED CARPORTAND BUILD RETAINING WALL 06/17/2019 08101 /2019 07/31 /2020 Occupancy Croup Type of Construction Valuation Square Feet R-2 Residential Carport/Patio Cover VB $20,720.00 1,000 Billing Type Name Address Phone X" Owner REMUS SUC1U 1924 Aberdeen Ave NE B: (425) 417-1227 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. * l 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 cedes and ordinances. • Call 425.430.7202 or go to: www.MyBui[dingPermit.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 PERMIT AND PLANS MUST BE POSTED AT THE JOB SITE AT ALL TIMES Page 1 of 2 DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT e Electrical Permit: E 19003260 IVR Number: 19003260 Permit Marne: SUCIU SFR CARPORT -- _....._..-... ___ Address/Location: 1916 ABERDEEN AVE NE Parcel Number: 3343901604 Application Date: 06I17l2019 Permit Type: ELECTRICAL PERMIT Total Valuation: $1,500 Issue Date: 08/01/2019 Permit Work Class: Single Family - Addition Expiration Date: 07/3112020 Description: SUCIU SFR CARPORT LIGHTING FROM EXISTING 60 AMP RUN FROM OLD JACUZZI Billing Type X Owner Name REMUS SUCIU Address 1924 Aberdeen Ave NE Renton. WA 98056 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. Calf 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 utiliti ast two full business days prior to any excavation. e 1,/? (Signature) (Date) THIS PERMIT AND PLANS MUST BE POSTED ATTHE JOB SITE AT ALL TIMES Page I of 2 EXHIBIT 3 VM lane 9ccug311iCY will I* ttmlWd to the registerfi party. One passenger vlrilt be permitted if needed as an i01:efWetec. P sB sn"Ne wearing a face mask and be prepared to follow social distancing guidelines provided during the inspection. Week Availablc Insurance or wrecker destroyed, 0.30 salvaged vehicle g : ype of inspectton, A vehWa r+- "At aftec r;eing totaled (insuranra or wrecker destroyed)t Ownership 1n doubt 0:30 VIN Verification 0:30 VIN does not conform (Not 17 digits) 1:00 Availability for insurance or verecker destroyed, salvaged vehicle after 9i4=20 No VIN (Homemade or Unidentifiable) 1:00 DOL Code 6500 1:00 No available space found ©OL Code 7700 1:00 Assembled, Street Rod, Custom or 1.00 I o add appointmenis to the a,chedui(- please si n In Kit Vehicles Trailers 0:30 Find available space after I Gow2o2D g poam—t Non -Resident Student or Military only 0:30 ?� Other (Please call ahead) 1:00 Lost Title 0:30 Llcense, Cancelled 0,30 EXHIBIT 4 Edit Appointment x When S012020 1030am to 5: v2D20 i1 titlans4 Full name rem us suciu . Phone 425 417 1227 j Company iif applicable) Enter Fuii VIN of vehicle slFhiGteY@arlMah81t430dE1' --. - f 1014 F156 fteason for ini;pectiorilcomments µ iRillfaRCC Vf VrYecl(ef rJEiGOyCr2 S91Vay4d YBfNCEe �/ . ,'.Rdic�tea requireCfield ' Granted on 6'7J, 02C 7 53nm 'a,° cslii7F7Tr,�yahwcpm Lhxwod on 612r OO 134ain by tarn-R7@yMop tom ®1 EXHIMT 5 1,7 EXHIBIT EEF An official website of the United States government Here's how you know � Search Home / Regulations / Hours of Service Hours of Service personal 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 2011 Final Rule for personal conveyance even if it is laden, since the load is not being transported for the commercial 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 here. 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 (CMV) 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 jerseyAvenue SE E)(ARAPLES OF APPROPRIATE LISPS 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-S660 1. Time spent traveling from a driver's en route lodging (such as a motel or truck stop) to restaurants and Social Media Links: Chat- entertainment facilities. 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. 7. 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 112 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 a 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. S. 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 �',Wtor Carr.,er Saf-ty Administration 0000 212