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HomeMy WebLinkAboutPH - Condo Conversions Moratorium (8/13/79) wn3o1. , Affidavit of Publication . STATE OF WASHINGTON ss. COUNTY OF KING Theresa Skobin being first duly sworn on oath,deposes and says that..sh.O.is the .oh.1.i.•. 1.ork of THE DAILY RECORD CHRONICLE,a newspaper published six(6)times a week.That said newspaper is a legal newspaper and it is now and has been for more than six months prior to the date of publication referred to, • printed and published in the English language continually as a newspaper published four(4)times a week in Kent,King County,Washington,and it is now and during all of said time was printed in an office maintained at the aforesaid place of publication of said newspaper.That the Daily Record Chronicle has been approved as a legal newspaper by order of the Superior Court of the County in which it is published,to-wit,King County, Washington.That the annexed is a Di.'cl.it:anco...#.3366 R584.6 as it was published in regular issues(and not in supplement form of said newspaper) once each issue for a period of 1 consecutive issues,commencing on the ' .1.9......day of 00 t Ober ,19.79....,and ending the day of ,19 both dates inclusive, and that such newspaper was regularly distributed to its sub- scribers during all of said period. That the full amount of the fee charged for the foregoing publication is the sum of $.4t 3..3phich • has been paid in full at the rate of per folio of one hundre ords or the first insertion and per folio of one hundred words for each subsequent insertion. ,..412•____, Chief Clerk Subscribed - t . 'and sworn to before me this 2 day of 19... 0•cte?er 79 ,J Notary Public in and for the State of Washington, residing at Kent,King County. ® ' e.` —Passed by the Legislature,1955,known as Senate Bill 281,effective June c,i GL 9th, 1955. Ce —Western Union Telegraph Co. rules for counting words and figures, adopted by the newspapers of the State. V.P.C.Form No.87 Rev.7-79 (19) Subtenant: A person in possession of a rental unit maintenance of a nuisance on the premises andTai of ie to through the tenant with the knowledge and consent,express I 9 9 P vacate after-service•of a three day notice as provided in ' or implied,of the owner. RCW 59.12.030(5). � (20)Tenant:Any person who occupies or has a leasehold (9) Tenant's Right to Vacate:Tenants who receive 120 interest in a rental unit under a lawful rental agreement day notices of sale may terminate their tenancies at any time Page 6 - Record-Chronicle - Section B -Friday, I • whether oral or written,express or implied. during such period in the manner provided by RCW Section 3.Application of Ordinance: 59.18.200 and RCW 59.18.220,but will forfeit all rights to Public Notices Public,Notlees (1) Application to Conversion of Condominiums and purchase a unit. CITY OF RENTON,WASHINGTON Cooperatives: This Ordinance shall apply only, to, the Section 5.Consumer Protections: ORDINANCE NO.3366 conversion and sale of rental units that have not been (1) Mandatory Housing Code Inspection and Repair; i converted to condominium or cooperative units, and to Notice to Buyers and Tenants:Prior to delivery of the 120 AN ORDINANCE,relating to housing and regulating those units in converted buildings that are not subject to a the conversion of residential rental units to con- 9 j day notice described l a paragraph 4(2)above,developers dominiums or cooperatives;providing protections for ; • binding purchase commitment or have not been sold on the shall, at their expense,request an inspection of the entire tenants and purchasers in converted buildings; effective date of this Ordinance. This Ordinance shall not building by the Building Department for compliance with the adopting measures to mitigate the adverse effects of '' apply to condominium or cooperative units that are vacant Housing and Fire Co k.Tho:nsp£ct r chill be completed conversion displacement;and providing penalties for i , on October 24,1979 and which have been offered for sale within 45 days of a developer's request unless the developer • prior to that date; Provided, That any tenant who takes fails to provide or refuses access to Building and/or Fire violations. • possession of the unit after October 24, 1979 shall be Department personnel.The developer shall be required to WHEREAS,the vacancy rate for rental units in the City is provided the disclosures required by Section,4 of this install an approved fire alarm and smoke detector system in between one and two percent and has been steadily Ordinance and shall be entitled to the benefits of that section accordance with Title 7,and Title 4,Chapter 32,of the Code declining and projections indicate no increase in the rental if the required disclosures are not given. of General Ordinances of the City of Renton.The installation vacancy rate in the foreseeable future;and • (2) Application to Tenants: This Ordinance shall apply, of the fire alarm system and all violations of the Housing WHEREAS, an increasing percentage. of residential only to those tenants and subtenants who occupy rental Code revealed by the inspection'must be completed and rental units are being converted into condominiums and this •units in converted buildings at the time the notices,offers, corrected at least 7 days prior to the closing of the sale of the the conversion the process is worsening ang the numberlo rental units in , •and disclosures provided by this Ordinance.are required to first unit or by the compliance date on the inspection report, the city thereby already critical rental housing ; • be delivered.This ordinance shall not apply to tenants who whichever is sooner.A follow-up inspection for compliance shortage;and takepossession of a unit vacated bya tenant who has WHEREAS, tenants displaced by condominium convey shall be completed within 7 days of a developer's request.A sions, frequently on short notice, and sometimes im received the notices and other benefits provided by this copy of the building inspection report and certification of mediately after commencement of the tenancy,have been . Ordinance; Provided, that developers shall disclose in repairs shall be provided by the developer to each • unable to find comparable housing and are increasingly writing to all tenants who take possession after service of the prospective purchaser at least 3 days before the signing of unable to find any decent,safe,and sanitary rental housing; notice required by Section 4 of this Ordinance,that the unit any earnest money agreement or other binding purchase and has been sold or will be offered for sale as a condominium or commitment. Copies of the inspection report shall be cooperative. This disclosure shall be made prior to the delivered to tenants in the converted building by the WHEREAS,conversions are imposing severe hardships ; execution.of any written rental agreement or prior to the developer with the notice of sale as provided in Section 4(2). r upon all displaced•tenants;and tenant's taking possession, whichever occurs earlier. A An inspection fee of$100.00 for the•first unit and$15.00 per WHEREAS, prospective purchasers of condominiums developer's failure to disclose, within the time specified unit thereafter shall be paid by the developer whenever an are often without knowledge of the unique concepts of above,that the unit has been sold or offered for sale shall , inspection is requested as required herein. ownership involved or of the obligations they incur in ' entitle the tenant to all the protections and benefits of this (2) Certification of Repairs: For the protection of the purchasing a condominium;and Ordinance. - general public, the Building Department shall inspect the WHEREAS,in view of the increased danger of loss to the ' Section 4.Tenant Protections: repairs of defective conditions.identified in the inspection homeowner due to fire as the result of the occupancy of the (1)Notice to Tenants of Filing of Conversion Declaration: report and certify that the violations have been corrected. • building by other owners;and I Within seven (7) days of the filing of a condominium I The certification shall state that only those defects WHEREAS, condominium sellers frequently do not , conversion declaration as provided by the Horizontal 'discovered by the Housing Code inspection and listed on the provide prospective purchasers sufficient information about• Property Regimes Act(RCW Chapter 64.32)the developer inspection report have been corrected and that the the nature of condominium ownership generally,or about • shall: certification does not guarantee that all Housing Code , specific building conditions and operation costs to enable i (a) Send to each tenant in the converted building,by violations have been corrected. Prior to the acceptance of purchasers to make informed decisions;Now,Therefor, registered or certified mail,return receipt requested,written , any offer,the developer shall deliver a copy of the certificate THE CITY COUNCIL OF THE CITY OF RENTON'DO I notice of the filing.A tenant's refusal to accept deliveryshall ' ORDAIN AS FOLLOWS: P to the purchaser. No developer, however, shall use the Section 1.' Title: This ordinance may be cited as the be deemed adequate service. Building Officials certification in any advertising for the "Condominium Conversion Ordinance." (b)File notice of the filing of such declaration with the purpose of inducing a person to purchase a condominium or ' City Clerk,giving the date of filing,file or recording number, cooperative unit. Section 2. Definitions: The following words and phrases ' office where filed,location and address of the structure and (3) Disclosure Requirements: In addition to the disci°- . used in this Ordinance shall have the meanings set forth ,number of dwelling units contained within the structure,and sures required by previous sections of this Ordinance,the • below: 1 thename, phone numbers of the owner(s), • Acceptance of Offer of Sale:A written commitment for address and (s) developer shall'make available at a place on the premises 1 ( ) P managers and persons responsible for the management of convenient to the tenants during normal working hours the • " the purchase of a condominium unit or interest in a the structure. following information to prospective purchasers at least 3 cooperative at a specific price and on specific terms. (2)Agent:Any person,firm,partnership,association,joint • _ days before any purchase commitment is signed,or,in the • venture, corporation or any other entity or combination of i October 19, 1979 case of existing tenants,with the 1,20 day notice provided in entities who represents or acts for or on behalf of •a paragraph 4(2)above:'I)copies of all documents filed with developer in'selling or offering'to sell any condominium or Public Notices Public Notices any governmental agency pursuant to the Horizontal cooperative unit or interest in a cooperative. Property Regimes Act (Chapter 64.32 RCW); 2) an p P (2)Notice to all Tenants Prior to Offering any Unit for Sale itemization of the specific repairs and improvements made r, (3)Building:Any existing structure containing one or more I to the Public as a Condominium or Cooperative Unit:At least ll to the entire building during the.six months immediately dwelling units and any grouping of such structures,which ; 120 days prior to offering any rental unit or units for sale to f preceeding the offer for sale;3)an itemization of the repairs ' , were operated as rental units as converted buildings are the �,, , the public as a condominium unit or cooperative unit,the and improvements to be completed before close of sale;4)a subject of a single declaration or simultaneous declarations, developer shall deliver to each tenant in the building written statement of the services and expenses which are being • filed pursuant to the Horizontal property Regimes Act(RCW i notice of his intention to sell the unit or units.The notice shall paid for by the developer but which will in the future be E Chapter 64.32). • • specify the individual units to be sold and the sale price of terminated,or transferred to the purchaser,or transferred to (4)Condominium:Any existing structure containing three each unit.This notice shall be in addition to and not in lieu of the owners' association; 5) an accurate estimate of the or more dwelling units as defined in the Housing Code:a) the notices required for eviction by RCW 59.12 and,59.18, useful life of the building's major components and mechan- which is the subject of a declaration filed pursuant to the and shall be delivered as provided in Section 4(1)(a)of this ical systems:(foundation, exterior walls, exterior wall Horizontal Property Regimes Act (RCW 64.32); or b) in Ordinance.With the notice the developer shall also deliver -coverings other thanpaint or similarprotective coating, which there is private ownership of individual units and to.the tenant a statement,in a format to beprovided bythe g in exterior stairs, floors'and floor•supports, carpeting in • common ownership of common areas. Building Department, of the tenant's rights under this ( common areas; roof cover, chimneys, plumbing system, (5) Condominium Unit: Any dwelling unit in a con- ordinance. • dominium. i _ heating system, water heating appliances, mechanical (6) Cooperative: Any existing structure, including'sur- (3) Purchase Rights of Tenant in Possession:With this ventilation system, and elevator equipment) and•an , rounding land and improvements, which contains one'or notice provided in Section 4 above,the developer shall i estimate of the cost of repairing any component whose more dwelling units and which a)is owned by an association deliver to each tenant whose unit is to be offered for sale,a useful life will terminate in less than five years from the date organized pursuant to the Cooperative Association Act firm offer of sale of the unit that the tenant occupies.In the of this disclosure.For each system and component whose (RCW.Chapter 23.86);orb)is owned by an association with event that more than one tenant occupies a single unit,the expected life cannot be accurately estimated,the developer. resident shareholder who are granted renewable leasehold developer shall deliver the offer to all tenants jointly or shall provide a detailed description of its present condition interests in housing units in the building. separately.For 120 days from the date of delivery of the offer and an explanation of why no estimate is possible. In (7)Cooperative Unit:Any dwelling unit in a cooperative. the tenant shall have the exclusive right to purchase his or addition,the developer shall provide an itemized statement (8) Conversion of Condominiums: The filing of a her unit on the terms offered. in budget form of the monthly costs of owning the unit that declaration pursuant to the Horizontal Property Regimes Act (4)Purchase Rights of Tenants Whose Units are Offered the purchaser intends to buy.The itemization shall include or the sale by a developer of condominium units that were for Sale Prior to Effective Date of Ordinance:Tenants of but shall not be limited to:a)payments on purchase loan;b) previously rental units. rental units which were offered for sale as condominium or taxes; c) insurance; d) utilities (which shall be listed (9)Conversion of Cooperatives:The execution of a lease cooperative units prior to the effective date of this Ordinance individually);e)homeowner's assessments;f)the projected agreement by a member of a cooperative association. but for which offers there have been no acceptances,shall j monthly assessment needed for replacing building compo- (10) Converted Building:Any condominium or coopera- be entitled to the rights and benefits of this Ordinance except nents and systems whose life expectancy is less than five tive which formerly contained rental dwelling units. that those rights provided by Section 4(6)of this Ordinance years; and g) a statement of the budget assumptions (11) Developer: Any person,firm, partnership,associa- shall terminate 60 days from the offer of sale of the unit to the concerning occupancy and inflation factors. Lion, joint venture or corporation or any other entity or • tenant. (4) Warranty of Repairs; Set Aside for Repairs: Each. combination of entities or succes ers thereto who, a) - (5)Subtenant's Purchase Rights:Should a tenant reject developer shall warrant for one year from the date`of undertakes to convert, sell, or ofie;f:'r sale condominium an offer of sale,the subtenant in possession at the time the completion'all improvements and repairs disclosed pur- units;of b)undertakes to convert;::n!-,i units to cooperative. I notice provided in Section 4 is delivered,shall be offered the suant to Section 5(3)of this Ordinance. units or sell cooperative shares in an ox.>iir ig bw:lding w;Nlci i -t unit on the same terms as those offered the tenant.For 30 (5)Unlawful Representations:It shall be unlawful for any contains housing units or lease unito, ,o a cooperative j days following that offer or until the expiration of the tenants' developer,agent,or person to make or cause to be made in association's shareholders. Thu term deveoper shall 1120 day option period as provided in Section 4,whichever any disclosure or other document required by this Ordi- include the developer's agent and uny other person acting I occurs later,the subtenant shall have the exclusive right to nance, any statement or representation that is knowingly on behalf of the developer. I pruchase the unit on the terms offered to the tenant. false or misleading. It shall also be unlawful for any (12)Eviction:Any effort by a developer to remove a tenant j (6)Rights of Tenants in Converted Buildings to Purchase developer,agent,or other person to make,or cause to be from the premises or terminate a tenancy by lawful or 1 Other Units in the.Buildings:Should both the tenant and unlawaful means. • i subtenant reject the offer or sale'or fail to notify of (13) Housing Code: The Renton Housing Code as acceptance of the offer within the time periods set forth in codified in Title 4,Chapter 9,Code of General Ordinances of Section 4(3) and 4(5) or vacate, the unit shall be made the City of Renton,as amended. available for purchase to other tenants and subtenants in the (14) Offer of Sale to Tenant: A written offer to sell a ' building.The right to purchase another unit in the building by • condominium or cooperative unit to the tenant in possession I tenants and subtenants shall extend to the end of the 120 of that unit at a specific price and on specific terms.' j j day notice period provided the tenant in possession of that _,-) ,, (15) Offer for Sale to Public: Any advertisement, unit under Section 4(3). Whenever all tenants and — ------�&r-- ---- ' inducement, solicitation, or attempt by a developer to : I subtenants in a building have indicated in writing their i encourage any person other than a tenant to purchase a ' intention not to purchase a unit or the 120 day notice period condominium or cooperative unit. has expired and that unit is or becomes vacant then the - (16) Owner's Association: The association formed by 'i developer may offer for sale and sell the unit to the public. owners of units in a condominium or cooperative for the I (7)No Subsequent Sale on Better Terms:For a period of purpose of managing the condominium or cooperative. + one year following the date of the offers provided in Sections (17) Person: Any individual, corporation, partnership, ' 4(3), 4(5) and 4(6), no offer shall be extended by the association,trustee or,other legal entity. developer on terms more favorable in any respect than the (18)Rental Unit:Any dwelling unit,other than a detached I offer previously extended to the tenant and/or subtenant single family residential dwelling, which is occupied I unless the more favorable offer is first extended to the tenant pursuant to a lawful rental agreement, oral or written, ; and/or subtenant as required by Sections 4(3), 4(5), and express-or implied,which was not onwed as a condominium ; 4(6)for a period of not less than 30 days. unit or cooperative unit•on the effective date of this (8)Evictions Only for Good Cause During Notice Period: , Ordinance.A dwelling unit in a converted building for•which No condominium or cooperative unit shall be sold or offered there has been no acceptance of an offer of sale on the If for public sale if, in the 120 day period immediately effective date of this Ordinance shall be considered a rental 3 preceding the sale or offer for public sale,any tenant has unit.___. --------- - — been evicted without good cause. For the purposes of this Ordinance good cause shall mean:1)failure to pay rent after service of a three day notice to pay rent or vacate as provided in RCW 59.12.030(3);2)•failure to comply with a term or terms of the tenancy after service of a ten day notice to comply or vacate as provided in RCW 59.12,030(4);and . 3 the commission or permission of a waste or the .I made,to any prospective purchaser,including a tenant,any oral representation which differs from the statements made in the disclosures and other documents required to be provided tenants and purchasers by this Ordinance. (6) Purchaser's Right to Rescind: Any purchaser who does not receive the notices,disclosures,and documents required by this Ordinance may,at any time prior to closing of the sale, rescind, in writing, any binding purchase agreement without any liability on the purchaser's part and the purchaser shall thereupon be entitled to the return of any deposits made on account of the agreement. (7) Delivery of Notice and Other Documents: Unless otherwise provided, all notices, contracts, disclosures, documents and other writings required by this Ordinance shall be delivered by registered or certified mail, return receipt requested.The refusal of registered or certified mail by the addressee shall be considered adequate delivery.All documents shall be delivered to tenants at the address specified on the lease or rental agreement between the tenant and the developer or landlord. If there is no written lease .or rental agreement then documents shall be ' delivered to the tenants'address at the converted building or the last known address of the tenant, if other than the address at the converted building. In any sublet unit all documents shall be delivered to the tenant at his current address,if known,and to the subtenant in possession.If the tenant's current address is unknown,then.two copies of all documents shall be I delivered to the subtenant, one addressed to the tenant and the other addressed to the subtenant.Delivery of the 120 day notice of intention to sell ,required by Section 4(2)of the Ordinance,the developer's offer to sell,and all disclosure documents shall be delivered to the tenants in a converted building at,a meeting between the developer and the tenants. The meeting shall be arranged by the developer at a time,and place convenient to the tenants.At the meeting the developer shall discuss with the tenants the effect that the conversion will have upon the tenants.Should any tenant refuse to'acknowledge accept- ance of the notice,offer and disclosures the developer shall deliver the documents',in the manner prescribed in this paragraph. (8)Acceptance of Offers:Acceptance by tenants or other beneficiaries of offers provided pursuant to this Ordinance, shall be in writing and delivered to the developer by registered or certified mail, return,receipt requested, . postmarked on or before the expiration date of the offer. Section 6.Administration—Penalties—Severability: (1)Administration:The Building Department is charged with the administration and enforcement of this Ordinance and is authorized and directed to adopt,promulgate,amend and rescind administrative rules consistent with the- provisions of this Ordinance and necessary to carry out the duties of the Building Official hereunder. (2) Complaints: Any person subjected to any unlawful practice as set forth in this Ordinance may file a complaint in writing with the Building Department.The Building Depart- ment is hereby authorized and directed to receive com- plaints and conduct such investigations as are deemed necessary.Whenever it is determined that there has been a violation of this Ordinance the Building Department is authorized, at its discretion, to follow one or more of the following procedures: (a) Attempt to conciliate the matter by conference or otherwise and secure a written conciliation agreement. (b)Refer the matter to the City Attorney for appropriate civil remedies or criminal prosecution. (3) Hardship Relief — Waiver: The City Council is authorized to waive strict compliance with this Ordinance in specific individual instances where the developer can show with clear, cogent and convincing evidence that: 1) the financial burden required to comply would greatly outweigh the benefits and would create an unreasonable hardship upon the developer; or 2) the units have been offered for sale as condominium units prior to the effective date of this Ordinance and the developer has incurred significant financial obligations with the intention of meeting such obligations with the proceeds of the sale of such units,and the provisions of this Ordinance will prevent meeting such obligation. (4) Penalties: Any person who violates any provision of this Ordinance, fails to comply with the provisions of this Ordinance or who deliberately attempts to avoid the application of this Ordinance may,upon conviction thereof, be punished by a fine not exceeding $500. Each day's violation shall constitute a separate offense. (5) Severability: If any section, subsection, sentence, . clause,phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and an independent provision and such decision shall not affect the validity of the remaining portions thereof. (6)Effective Date:This Ordinance shall take effect arid be in force five(5)days after the date of its publication in the manner provided by law. PASSED BY THE CITY COUNCIL this 15th day, of- October, 1979 Delores A. Mead,City Clerk APPROVED BY THE MAYOR this 15th day of October, 1979 Charles J. Delaurenti, Mayor Approved as to form: Lawrence J.Warren,City Attorney _ Published in the Daily Record Chronicle October 19, 1979. R5846 J p CITY OF RENTON, s , vv\ S��yy WASHINGTON i NJ ORD'-'7CE NO.3,365 - . .ti r Co AN 0. •INANCE •OF ` Possea ,:o=tea+�. ' g or any Port+ ,,therms. pur- THE dirt?OF RENTON, .._ abtidi o'r uant . WASHINGTON, EX- it to a lease or rental agree- TENDING THE MORATORIUM ON THE ment. CONVERSION OF RE- i SECTION II: From the NTAL UNITS.TO CON- I effective date of this Ordi- DOMINIUMSAND Hance for a period of thirty • Affidavit of Publication PRO- VIDING FOR PENAL- I(30)days,it shall be unlawful TIES FOR VIOLATIONS , for any person to convert a • WHEREAS the Cityl rental unit to a con- 'STATE OF WASHINGTON Council advises that the, dominium,or to sell or offer COUNTY OF-KING ss. conditions existing as of the for sale any rental unit or enactment of Ordinance No.1 condominium unit where 3326 as more particularly such rental unit was rented 9. specified in the "Whereas" as of July SECTION II9L Exception: clauses of that Ordinance! re The uirements of Section r1 ,�'E3Sc'i �� 031ri being first duly sworn on still exist requiring the exten- q sion of such a moratorium IIofe this Ordinance shall not I:i1C. period during the develop-, apply to (a) condominium oath,deposes and says thar,.X1,2e is the (}.:«,.CL...0 1.C.rk of ment and adoption of regula units or rental units Which ' THE DAILY RECORD CHRONICLE,a news a erpublished six(6)times a tions governing the conver-; have not been occupied by a P P tenant since July 2,1979,or week.That said newspaper is a legal newspaper and it is now and has been sion of rental units to con (b)- rental units where an for more than six months prior to the date of publication referred to, d o m i n i u m,s, N O W, can show,with clear, printed and published in the English language continually as a newspaper THEREFOR , cogent owner and show, with eai, published four(4)times a week in Kent,King County,Washington,and it is BE IT ORDAINED BY, cogent that convincing theunitsv now and during all of said time was printed in an office maintained at the THE CITY COUNCIL OF have been sold orofferedfor aforesaid place of publication of said newspaper.That the Daily Record THE CITY OF RENTON, sale condominium units Chronicle has been approved as a legal newspaper by order of the Superior WA S H N G T O N , AS prioraleasJulyo or its Court of the County-in which it is published,to-wit,King County, FOLLOWS: that to or she 2,p 1979,o July 2,) SECTION I: Definitions: 1979,incurred significant fi- The following terms used in Washington.That the annexed is a o '" this Ordinance shall have nancial obligations with the .)1 tk3�T`312C B s 3�✓5 the meaning set forth below: intention of meeting such ' (a)condominium Building obligations with the pro- ;,r • ceeds of the sale of the units, �) means a building in which and the provisions of this the owner of one or more ; Ordinance will prevent him ' • as it was published in regular issues(and dwelling units is entitled to ! or her from meeting such the exclusive ownership and not in supplement form of said newspaper) once each issue for a period possession of his or her unit obligations; or (3) con- -- 1 and has the common right to dominium units or rental un- share, with other unit own-• its which are offered for sale ofcommencing consecutive issues, on the - ers, the common area and and sold to the tenant oc- cupying such unit on July 2, facilities,or which'is govern- 1979 1 2....da 6 by)he Horizontal Proper- SECTION IV: Penalty. yof October 19....7.9,andendingthe ty. Regimes Act •(RCW Comm•ission of the act made (b)Condominium Conver- unlawful by Section II of this I Ordinance shall constitute a sion means the filing of a violation subject to the provi- day of ,19 ,both dates declaration of condominium 'sions of Section 204 of the inclusive, end that such newspaper was regularly distributed to its sub- as provided by the Horizon- Uniform Housing Code(Title scribers during all of said period. That the full amount of the fee tal Property Regimes Act , 4,Chapter 9 of the Code of . (RCW 64.32) on a building , General Ordinances;of the charged for the foregoing publication is the sum of $.8:a.d? Z which which prior to July 2, 1979 City of Renton).Any person has been paid in full at the rate of per folio of one hundred word for the contained one or more rental convicted thereof may be first insertion and units. per folio of one hundred words for each subsequent •, (c) Condominium Unit ,i force t ere nod by to exceed Five a civil fine or insertion. shall mean a single unit in a Hundred Dollars:($500;00). 1 Condominium Building. Each•days'violationyenall '-'-Me}21 -A (d) Offer for Sale shall I mean any advertisement,in- �,,,ducement,solicitation,or at-- constitute a separate b i•e f•••C!I V i t tempt to encourage any per- I offense. • son to purchase an indentifi- SECTION V: This Ordi- r able condominium-unit: 1•nance shall take effect and Subscribed and sworn to before me this ' 1 3 day of P (e)Owner means the per- be in force and effect upon son or persons who have I its passage, approval and title to or a beneficial interest ' five days after its publica- ;at - :t.o b G.r , 19 7 9 I in any existing building de- 1 tion. signed or intended to be• ' PASSED BY THE CITY • , used for human habitation. COUNCIL this 8th day of (f) Person includes any October, 1979. Notary Pu i in and for the State of Washi gton, individual,corporation,part- Delores A. Mead, residing at Kent,King ounty. nership,association,trustee City Clerk ' or other legal entity. I APPROVED BY THE (g)Rental Unit means any MAYOR this 8th ,day of -Passed by the Legislature,1955,known as Senate Bill 281,effective June . dwelling unit as defined in October, 1979. 9th, 1955., RCW 59.18.030.,(1) which Barbara Y.Shinpoch, • has been occupied since I 'Mayor Pro-Tem -Western Union Telegraph Co: rules for counting words and figures, July 2, 1979, under a rental Approved as to form: adopted by the newspapers of the State. agreement, express or Lawrence J.Warren, • 1 implied. City,Attorney ( (h) Sale shall mean the Published in-The- Daily:, i' acceptance of an offer to Record `Chronicle :October ,' purchase a rental or con- 12,' '1979.'R5838.•' '''`_ dominium unit provided that — I - ' the sale of an entire building V.P.C.Form Na.87 Rev.7-79 ' " ' shall not be considered a _ __ --j sale for the purpose of this - - - - - -- _ -- •-- -- -`t Ordinance. ----- - - - - - -- (I)Tenant means any per- son occupytv or holdingr� (3, . Renton City Council 10/15/79 Page 2 Old Business - Continued - Utilities Committee Report - Continued Honey Creek and The Utilities Committee report recommended that the city not Kennydale Trunk sell additional-'revenue bonds for the purpose of constructing Sewer Lines and the Kennydale and Honey Creek trunk sewer systems and noted con- Proposed Bonds cern of the committee than an increase in sewer rates would be required with this financing method. The report stated committee recommendation that all properties developed within the Honey Creek and Kennydale trunk line service areas be charged an area trunk change in the amount of 3t per sq.ft. to provide the trunkage program; that a special fund be established for that purpose. The committee also recommended that the system development charge of It per sq. ft. likewise be put into a separate fund to finance the Honey Creek and Kennydale trunk sewer lines. The report further recommended referral to the Ways and Means Committee for legislation to create said fund that provision be made for inflation and the systems development charge and special percentage of 3t per sq. ft. for trunkage charge be increased annually in accordance with the CPI to offset the effects of inflation. (Councilman Perry determined possible conflict of interest and left the Council Chambers and took no part in any discussion or action.) MOVED BY TRIMM, SECOND PROCTOR, COUNCIL CONCUR IN RECOMMENDATION.* Councilwoman Shinpoch inquired regarding signatures on the committee report and was advised by Councilman Trimm that all three members of the committee favored the proposal at the committee meeting, however, Councilman, Shane had not signed the committee report due to absence, other two members had signed(Proctor and Trimm) . Stredicke inquired and Public Works Director Gonnason explained any property developed within usage area would be assessed additional 3t per sq.ft. , that It is already being charged; that 3t plus It would be raised annually; that present users of the Honeycreek pump facility which is at maximum capacity will not be assessed; that all property as it develops will be assessed; that Heather Downs area also has surcharge system. '•MOTION CARRIED and Councilman Stredicke requested his NO vote be recorded. ORDINANICES AND RESOLUTIONS Ways and Means The Ways and Means Committee Chairman Clymer presented report Committee recommending second and final readings for the condominium Ordinance #3366 conversion ordinance which had been on first reading 10/8/79. Condominium City Clerk Mead read the ordinance regulating conversion of Converslion residential rental units to condominiums or cooperatives; Regulations providing protections for tenants and purchasers and providing penalties for violations. MOVED BY CLYMER, SECOND PERRY, ADOPT THE ORDINANCE AS READ. MOVED BY STREDICKE, SECOND TRIMM, amend motion to include $200 relocation fee. Councilwoman Shinpoch spoke against the amendment. ROLL CALL FOR AMENDING MOTION: 3-AYE: STREDICKE, PROCTOR, TRIMM; 4 -NO: SHINPOCH, PERRY AND CLYMER; MAYOR DELAURENTI VOTED NO. MOTION FAILED. ROLL CALL FOR MAIN MOTION TO ADOPT ORDINANCE. ALL AYES. CARRIED. Wiemann Rezone Ways and Means Committee Chairman Clymer noted Wiemann rezone ordinance would be held for another week because of heighth regulations and special conditions imposed by Council . Resolution 2303 The committee recommended reading and adoption of a resolution Borrowing Funds borrowing $500,000 from Street Forward Thrust Funds at 6% pending receipt of tax monies due the city. Following reading , it was MOVED BY TRIMM, SECOND CLYMER, ADOPT RESOLUTION AS READ. CARRIED. Bonds Ways and Means Chairman Clymer presented letter from Seattle LID 284 and 309 Northwest Securities Vice-President Richard Kennedy offering to purchase Local Improvement District No. 284 and 309 bonds in amount of $140,782.93. Bonds would be in $5,000 denomination with 8 1/4% interest payable annually dated 11/1/79, maturing 11/1/91 . The committee recommended concurrence in bond offer. MOVED BY TRIMM , SECOND PERRY, CONCUR IN RECOMMENDATION. CARRIED. CLYMER MOVED, SECONDED BY TRIMM, COUNCIL AUTHORIZE THE MAYOR AND CITY CLERK TO SIGN AGREEMENT. CARRIED. RENTON CITY COUNCIL Regular Meeting October 15 , 1979 Municipal Building Monday , 8 : 00 P . M. Council Chambers M I N' U T E S CALL TO ORDER Mayor Charles J. Delaurenti led the Pledge of Allegiance to the flag and called the meeting to order. ROLL CALL OF BARBARA Y. SHINPOCH, Council President; RICHARD M. STREDICKE, COUNCIL MARGARET PROCTOR, GEORGE J. PERRY, EARL CLYMER, THOMAS W. TRIMM. MOVED BY SHINPOCH, SECOND TRIMM, EXCUSE ABSENT COUNCILMAN CHARLES F. SHANE. CARRIED. CITY OFFICIALS C.J. DELAURENTI , Mayor; LAWRENCE WARREN, City Attorney; DEL MEAD, IN ATTENDANCE City Clerk; GWEN MARSHALL, Finance Director; HUGH DARBY, Police Chief; WARREN GONNASON, Public Works Director; GORDON ERICKSEN, Planning Director; JOHN WEBLEY, Parks and Recreation Director; RICHARD GEISSLER, Fire Chief; MICHAEL PARNESS, Administrative Assistant. PRESS GREG ANDERSON, Renton Daily Record Chronicle MINUTE APPROVAL MOVED BY SHINPOCH , SECOND PROCTOR, APPROVE MINUTES OF OCTOBER 8, 1979 AS WRITTEN. CARRIED. OLD BUSINESS Committee of the Council President Shinpoch presented Committee of the Whole report Whole Report for informational purposes, no action having been taken at the Fire Service 10/11/79 meeting. Fire services for the Southeast quadrant of SE Quadrant of the city were discussed and Chief Geissler explained continu- of City ing talk with Fire District #40, that there is no room for Renton fire equipment in the District 40 facility. Material is to be made available at the budget hearings regarding lease vs. purchase of land. Also discussed was letter from Mayor of Sister City San Narciso, The Phillipines to Mrs. Connie Tajon re establish- ing "sister city. The Administration was asked to obtain the details of sponsoring agency, as no city expense can be involved. Planning and Planning and Development Committee Chairman Perry requested Development delay in presentation of report due to letter received from Committee Dobson, Houser and Dobson, Attorney for Clinton Betz re appeal Betz Rezone Appeal of Hearing Examiner's decision Rezone 400-79. Attorney requested Extended matter be extended to agenda of 10/22/79 as he could not be present due to illness. Request granted. Utilities Utilities Committee Chairman Trimm presented committee report Committee that recommended acceptance of the low bid for water project #456 Watermain Meadow Ave. N. watermain, submitted by DiOrio Construction Co. Meadow Ave. N. in the amount of $345,524.05. The report concurred in the Contract Award recommendation of the Public Works Department for acceptance of the low bid and award of contract and also recommended the Mayor and City Clerk be authorized to execute the contracts. MOVED BY TRIMM, SECOND SHINPOCH, ADOPT COMMITTEE REPORT AND ACCEPT THE LOW BID OF DI ORIO CONSTRUCTION CO.* Upon inquiry by Councilman Stredicke, Public Works Director Gonnason explained route of the watermain from easterly side of FAI 405 across to Meadow Ave. N. , N. 30th to N. 40th and ties into LID serving Pan Abode and the May Creek area; no change to cross streets. (Seeauestion Pq. 4) *MOTION CARRIED. Renton Hill The Utilities Committee report explained request for installation Water System of water system improvements in the Renton Hill area to provide Improvements fire flows sufficient for multiple residential developments on Mill Ave. S. and the city to provide financing. The Utilities Committee recommended that the program not be financed' by the city but that the developers explore the possibilities of creating an LID for the desired system improvements. MOVED BY TRIMM, SECOND CLYMER, CONCUR IN RECOMMENDATION OF COMMITTEE. CARRIED. OF RA, �,� ® o THE CITY OF RENTON MUNICIPAL BUI LDING 200 MILL AVE. SO. RENTON,WASH. 98055 n- eel rn CHARLES J. DELAURENTI , MAYOR • DELORES A. MEAD D90 co, CITY CLERK 0 9 1,FD P Octobcr 17, I J79 Apar 7sMion Qv Operators i.S thaws of Seattle Ran(1 King Comity 61C 4n Ave. V 4i Seattle, Wa. *AID RE: Condo Uonvu si on Ordinance Dear Sir, The Renton City Council, during its regular meeting on Monday, October 16, 19.79 has adopted ddt anc Rio, 3365 A copy is enclosed for your information. • Yours very truly, CITY OF RENTON Delores A. Mead, C.M. C. City Clerk DAM:4eb db Enclosure 1 Aft OF R.4, �40 - o THE CITY OF RENTON U �/ 0 'Z MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON, WASH'. 98055 nNAL ION=1 o CHARLES J. DELAURENTI MAYQR • DELORES A. MEAD 090 Qo• CITY CLERK 0,9q��D SEPTE • • .E..N.I 21; Park Ave. kenton, iJ . :Juar'65 RE: Condo Conversion Or'din nc. Dear Sir, The Renton City Council, during its regular meeting on Monday, tuber 3L, 1979 has adopted Ordiyanr: ;;o o 3366. A copy is enclosed for your information. Yours very truly, CITY OF RENTON Delores A. Mead, C.M. C. City Clerk DAM:leW alb Enclosure 1 • CITY OF RENTON, WASHINGTON • • ORDINANCE NO. 3366 AN ORDINANCE, relating to housing and regulating the conversion of residential rental, units to condominiums or coop- eratives; providing,protections for tenants and purchasers in converted buildings; adopting measures to mitigate the adverse effects of conversion displacement; and providing penalties for violations. WHEREAS, the vacancy rate for rental units in the City is between one and two percent and has been steadily declining and projections indicate no increase in the rental vacancy rate in the foreseeable future; and WHEREAS, an increasing percentage of residential rental units are being converted into condominiums and this conversion process is reducing the number of rental units in the city thereby worsening an already critical rental housing shortage; and WHEREAS, tenants displaced by condominium conversions, frequently on short . . notice, and sometimes immediately after commencement of the tenancy, have been unable to find comparable housing and are increasingly unable to find any decent, safe, and sanitary rental housing; and WHEREAS, conversions are imposing severe hardships upon all displaced tenants; and • • . WHEREAS,prospective purchasers of condominiums are often without knowledge of the unique concepts of ownership involved or of the obligations they incur in purchasing a condominium; and WHEREAS, in view of the increased danger of loss to the homeowner due to fire as the result of the occupancy of the building by other owners; and WHEREAS,condominium sellers frequently do not provide prospective purchasers sufficient information about the nature of condominium ownership generally, or about specific building conditions and operation costs to enable purchasers to make informed decisions; Now, Therefor, THE CITY COUNCIL OF THE CITY OF RENTON DO ORDAIN AS FOLLOWS: • Section 1. Title: This ordinance may be cited as the "Condominium Conversion Ordinance". Section 2. Definitions: The following words and phrases used in this Ordinance • shall have the meanings set forth below: (1) Acceptance of Offer of Sale: A written commitment for the purchase of a condominium unit or interest in a cooperative at a specific price and,on specific terms: • (2) Agent: Any person, firm, partnership, association, joint venture, corpora- tion or any other entity or combination of entities who represents or acts for or on behalf of a developer in selling or offering to sell any condominium or cooperative unit or interest in a cooperative. , • -1- • (3) Building: Any existing structure containing one or more dwelling units and any grouping of such structures which were operated as rental units as converted buildings are the subject of a single declaration or simultaneous declarations filed ' pursuant to the Horizontal Property Regimes Act (RCW Chapter 64.32). (4) Condominium: Any existing structure containing three or more dwelling units as defined in the Housing Code: a) which is the subject of a declaration filed pursuant to the Horizontal Property Regimes Act (RCW Chapter 64.32); or b) in which there is private ownership of individual units and common ownership of common areas. (5) Condominium Unit: Any dwelling unit in a condominium. (6) Cooperative: Any existing structure, including surrounding land and improvements, which contains one or more dwelling units and which: a) is owned by an association organized pursuant to the Cooperative Association Act (RCW Chapter 23.86); or b) is owned by an association with resident shareholder who are granted renewable leasehold interests in housing units in the building. (7) Cooperative Unit: Any dwelling unit in a cooperative. (8) Conversion of Condominiums: The filing of a declaration pursuant to the Horizontal Property Regimes Act or the sale by a developer of condominium units that were previously rental units. ,(9) Conversion of Cooperatives: The execution of a lease agreement by a member of a cooperative association. • (10) Converted Building: Any condominium or cooperative which formerly • contained rental,dwelling units. (11) Developer: Any person, firm, partnership association, joint venture or corporation or any other entity or combination of entities or successors thereto who, a) undertakes to convert, sell, or offer for sale condominium units; or b) undertakes to convert rental units to cooperative units or sell cooperative shares in an existing building which contains housing units or lease units, to a cooperative association's shareholders. The term developer shall include the developer's agent and any other person acting on behalf of the developer. (12) Eviction: Any effort by a developer to remove a tenant from the premises or terminate a tenancy by lawful or unlawful means. (13) Housing Code: The Renton Housing Code as codified in Title 4, Chapter 9, Code'of General Ordinances of the City of Renton, as amended. (14) Offer of Sale to Tenant: A written offer to sell a condominium or cooprative unit to the tenant in possession of that unit at a specific price and on specific terms. (15) Offer for Sale to Public: Any advertisement, inducement, solicitation, or attempt by a developer to encourage any person other than a tenant to purchase a'condominium or cooperative unit. (16) Owner's Association: The association formed by owners of units in a condominium or cooperative for the purpose of managing the condominium or coop- erative. ' (17) Person: Any individual, corporation, partnership, association, trustee or other legal entity. -2- (18) Rental Unit: Any dwelling unit, other than a detached single family • residential dwelling, which is occupied pursuant to a lawful rental agreement, oral.or written, express or implied, which was not owned as a condominium unit or cooperative unit on the effective date of this Ordinance. A dwelling unit in a converted building for which there has been no acceptance of an offer of sale on the effective date of this Ordinance shall be considered a rental unit. (19) Subtenant: A person in possession of a rental unit through the tenant with the knowledge and consent, express or implied, of the owner. (20) Tenant: Any person who occupies or has a leasehold interest in a rental unit under a lawful rental agreement whether oral or written, express or implied. Section 3. Application of Ordinance: (1) 'Application to Conversion of Condominiums and Cooperatives: This Ordinance shall apply only to the conversion and sale of rental units that have not yet been converted to condominium or cooperative units, and to those units in converted . buildings that are not subject to a binding purchase commitment or have not been sold on the effective date of this Ordinance. This Ordinance shall not apply to condominium or cooperative units that are vacant on •October24.__ . , 1979 and which have been offered for sale prior to that date; Provided;That any tenant who takes possession of the unit after October 24 , 1979 shall be provided the disclosures required by Section 4 of this Ordinance and shall be entitled to the benefits of that section if the required disclosures are not given. (2) Application to Tenants: This Ordinance shall apply only to, those tenants and subtenants who occupy rental units in converted buildings at the time the notices, offers, and disclosures provided by this Ordinance are required to be delivered. This ordinance shall not apply to tenants who take possession of a unit vacated by a tenant who has received the notices and other benefits provided by this Ordinance; Provided, that developers shall disclose in writing to all tenants who take possession after service of the notice required by Section 4 of this Ordinance, that the unit has been sold or _. will be offered for sale as a condominium or cooperative. This disclosure shall be made prior to the execution of any written rental agreement or prior to the tenant's taking possession, whichever occurs earlier. A developer's failure to disclose, within the time specified above, that •the unit has been sold or offered for sale shall entitle • the tenant to all the protections and benefits of this Ordinance. Section 4. Tenant Protections: • (1) Notice to Tenants of Filing of Conversion Declaration: Within seven (7) days of the filing of a condominium conversion declaration as provided by the Horizontal Property Regimes Act (RCW Chapter 64.32) the developer shall: (a) Send to each tenant in the converted building, by registered or certified mail, return receipt requested, written notice of the filing. A tenant's refusal to accept delivery shall be deemed adequate service. (b) File notice of the filing of such declaration with the City Clerk, giving the date of filing, file or recording number, office where filed, location and address•of the structure and number of dwelling units contained within the structure, and the name, address and phone numbers of the owner(s), managers and persons responsible for the management of the structure. (2). Notice to all Tenants Prior to Offering any Unit for Sale to the Public as a Condominium or Cooperative Unit: At least 120 'days prior to offering any rental unit or units for sale to the public as a condominium unit or cooperative unit, the -3- developer shall deliver to each tenant in the building written notice of his intention • to sell the unit or units. The notice shall specify the individual units to be sold and the sale price of each unit. This notice shall be in addition to and not in lieu of the notices required for eviction by RCW 59.12 and 59.18, and shall be delivered as provided in Section 4(1)(a) of this Ordinance.. With the notice the developer shall also deliver to the tenant a statement, in a format to be provided by the Building Department, of the tenant's rights under this ordinance. (3) Purchase Rights of Tenant in Possession: With the notice provided in Section 4 above; the developer shall deliver to each tenant whose unit is to be offered for sale, a firm offer of sale of the unit that the tenant occupies. In the event that more than one tenant occupies a single unit, the developer shall deliver the offer to all tenants jointly or separately. For 120 days from the date of delivery of the offer • the tenant shall have the exclusive right to purchase his or her unit on the terms offered. • (4) Purchase Rights of Tenants Whose Units are Offered for Sale Prior to Effective Date of Ordinance: Tenants of rental units which were offered for sale as condominium or cooperative units prior to the effective date of this Ordinance but for which offers there have been no acceptances, shall be entitled to the rights and benefits of this Ordinance except that those rights provided by Section 4(6) of this . -- Ordinance shall terminate 60 days from the offer of sale of the unit to the tenant. (5) Subtenant's Purchase Rights: Should a tenant reject an offer of sale, the subtenant in possession at the time the notice provided in Section 4 is delivered, shall be offered the unit on the same terms as those offered the tenant. For 30 days following that offer or until the expiration of the tenants' 120 day option period as provided in Section 4, whichever occurs later, the subtenant shall have the exclusive right to purchase the unit on the terms offered to the tenant. (6) Rights of Tenants in Converted Buildings to Purchase Other Units in the Buildin s: Should both the tenant and subtenant reject the offer or sale or fail to noti y of acceptance of the offer within the time periods set forth in Sections 4(3) and 4(5) or vacate, the unit shall be made available for purchase to other tenants and subtenants in the building. The right to purchase another unit in the building by tenants and subtenants shall extend to the end of the 1.20 day notice period provided the tenant in possession of that unit under Section 4(3). Whenever all tenants and subtenants in a building have indicated in writing their intention not to purchase a unit or the 120 day notice period has expired and that unit is or becomes vacant then the developer may offer for sale and sell the unit to the public. (7) No Subsequent Sale on Better Terms: For a period of one year following the date of the offers provided in Sections 4(3), 4(5) and 4(6), no offer shall be extended by the developer on terms more favorable in any respect than the offer previously extended to the tenant and/or subtenant unless the more favorable offer is first extended to the tenant and/or subtenant as required by Sections 4(3), 4(5) and 4(6) for a period of not less than 30 days. (8), Evictions Only for Good Cause During Notice Period: No condominium, or cooperative unit shall be sold or offered for public sale if, in the 120 day period immediately preceding the sale or offer for public sale, any tenant has been evicted without.good cause. For the purposes of this Ordinance good cause shall mean: 1) failure to pay 'rent after service of a three day notice to pay rent or vacate as . provided in RCW 59.12.030(3); 2) failure to comply with a term or terms of the tenancy after service of a ten day notice to comply.or vacate as provided in RCW 59.12.030(4); and 3) the commission or permission of a waste or the maintenance of a nuisance on the premises and failure to vacate after service of a three day notice as provided in RCW 59.12.030(5). (9) Tenant's Right to Vacate: Tenants who receive 120 day notices of sale may terminate.their tenancies at any time during such period in the manner provided by RCW 59.18.200 and RCW 59.18.220, but will forfeit all rights to purchase a unit. -4- Section 5. . Consumer Protections: (1) . Mandatory Housing Code. Inspection and Repair; Notice to Buyers and Tenants: Prior to delivery of the 120 day notice described in paragraph 4(2) above, developers shall, at their expense, request an inspection of.the entire building by the Building Department for compliance with the Housing and Fire Code. The inspection shall be completed within 45 days of a developer's request unless the developer fails. to provide or refuses access to Building and/or Fire Department personnal. The— developer.shall be required to install an approved fire alarm and smoke detector system in accordance with Title 7, and Title 4, Chapter 32, of the Code of General Ordinances of the City of Renton. The installation of the fire alarm system and all violations of the Housing Code revealed by the inspection must be completed and corrected at least 7 days prior to the closing of the sale of the first unit or by the compliance • date on the inspection report,whichever is sooner. A follow-up inspection for compliance shall be completed within 7 days of a developer's request. A copy of the building inspection report and certification of repairs shall be provided by the developer to each prospective purchaser at least 3 days before the signing of any earnest money agreement•or other binding purchase commitment. Copies of the inspection report shall be delivered to tenants in the converted building by the developer with the notice of sale as provided in Section 4(2). An inspection fee of $100.00 for the first unit and $15.00 per unit thereafter shall be paid by the developer whenever an inspection is requested, as required herein. (2) Certification of Repairs: For'the protection of the general public, the Building Department shall inspect the repairs of defective conditions identified in the inspection report and certify that the violations have been corrected. The certification shall state that only those defects discovered-by the Housing Code inspection and listed on the inspection report, have been corrected and that the certification does not guarantee that all Housing Code violations have been corrected. Prior to the acceptance of any offer, the developer shall deliver a copy of the certificate to the purchaser. No developer, however, shall use the Building Officials certification in any advertising for the purpose of inducing a person to purchase a condominium or cooperative unit. (3) Disclosure Requirements: . In addition to the disclosures required by previous sections of this Ordinance, the developer shall make available at a place on the premises convenient to the tenants during normal working hours the following information to prospective purchasers at least 3 days before any purchase commitment is signed, or, in the case of existing tenants, with the 120 day notice provided in paragraph 4(2) above: 1) copies of all documents filed with any governmental agency pursuant to the Horizontal Property Regimes Act(Chapter 64.32 RCW); 2) an itemization of the specific repairs and improvements made to the entire building during the six months immediately preceeding the offer for sale; 3) an itemization of the repairs and improvements to be'completed before close of sale; 4) a statement of the services and expenses which are being paid for by the developer but which will in the future be terminated, or transferred to the purchaser, or transferred to the owners' association; 5) an accurate estimate of the useful life of the building's major components and mechanical systems (foundation, exterior walls, exterior wall coverings other than.paint or similar protective coating, exterior stairs, floors and floor supports, carpeting in common areas, roof cover, chimneys, plumbing system, heating system, water heating appliances, mechanical ventilation system, and elevator •equipment) and an estimate of the cost of repairing any component whose useful life will terminate in less than five years from the date of this disclosure. For each system and component whose expected life cannot be accurately estimated, the developer shall provide a detailed description of its present condition and an explanation of why no estimate is possible. In addition, the developer shall provide an itemized statement in budget form'of the monthly costs of owning the unit that the purchaser intends to buy. The itemization shall include but shall not be limited to: a) payments on purchase loan; b) taxes;'c) insurance; d) utilities(which. shall be listed individually); e)homeowner's assessments; f) the projected monthly assessment needed for replacing building components and systems whose life expectancy is less than five years; and g) a statement of the budget assumptions concerning, occupancy and inflation factors. -5- (4) Warranty of Repairs; Set Aside for Repairs: Each developer shall warrant for one year from the date of completion all improvements and repairs disclosed pursuant to Section'5(3) of this Ordinance. ' • (5) Unlawful Representations: It shall be unlawful for any developer, agent, or person to make or cause to be made, in any disclosure or other document required by this Ordinance, any statement or representation that is knowingly false or misleading: ' It shall also be unlawful for any developer, agent, or other person to make, or cause to be made, to any prospective purchaser, including a tenant, any oral representation which differs from the statements made in the disclosures and other documents required to be provided tenants and purchasers by this Ordinance. (6) Purchaser's Right to Rescind: Any purchaser who does not receive the notices, disclosures, and documents required by this.Ordinance may, at any time prior to closing of the sale, rescind, in writing, any binding purchase agreement without any liability on the purchaser's part and the purchaser shall thereupon be entitled to the return of any deposits made on account of the agreement. (7) Delivery of Notice and Other Documents: Unless otherwise provided, all notices, contracts, disclosures, documents and other writings required by this --- Ordinance shall be delivered by registered or certified mail, return receipt requested. The refusal of registered or certified mail by the,addressee shall be considered adequate delivery. All documents shall be delivered to tenants at the address specified on the lease or rental agreement between the tenant and the developer or landlord. If there is no written lease, or rental agreement then documents shall be delivered to the tenants' address at the converted building or the last known address of the tenant, if other than the address at the converted building. In any sublet unit all documents shall be delivered to the tenant at his current address, if known, and to the subtenant in possession. If the tenant's current address is unknown, then two copies of all documents shall be delivered to the subtenant, one addressed to the tenant and the other addressed to the subtenant. Delivery of the 120 day notice of intention to sell required by Section 4(2)'of the Ordinance, the developer's offer to sell, and all disclosure documents shall be' delivered to the tenants in a converted building at a meeting between the developer and the tenants. The meeting shall be arranged by the developer at a time and place convenient to the tenants. At the meeting the developer shall discuss with the tenants the effect that the conversion will have upon the tenants. Should any tenant refuse to acknowledge acceptance of the notice, offer and disclosures the developer shall deliver the documents in the manner prescribed in this paragraph. (8) Acceptance of Offers: Acceptance by tenants or other beneficiaries of offers provided pursuant to this Ordinance, shall be in writing and 'delivered to the developer by registered or certified mail, return receipt requested, postmarked on or before the expiration date of the offer. Section 6. Administration - Penalties - Severability: (1) Administration: The Building Department is charged with the admin- istration and enforcement of this Ordinance and is authorized and directed to adopt, promulgate, amend and rescind administrative rules consistent with the provisions of this Ordinance and necessary to carry out the duties of the Building Official hereunder. (2) ' Complaints: Any person subjected to any unlawful practice as set forth in this Ordinance may file a complaint in writing with the Building Department. The Building Department is hereby authorized and directed to receive complaints and conduct such investigations as are deemed necessary. Whenever it is determined that there has been a violation of this Ordinance the Building Department is authorized, at its discretion, to follow one or more of the following procedures: (a) Attempt to conciliate the matter by conference or otherwise and secure a written conciliation agreement. ' -6- • (b) Refer the matter to the City,,Attorney for appropriate civil remedies or criminal prosecution. (3) Hardship Relief - Waiver: The City Council is authorized to waive strict compliance with this Ordinance in specific individual instances where the developer can show with clear, cogent and convincing evidence that: 1) the financial burden required to comply would greatly outweigh the benefits and would create an unreasonable hardship upon the developer; or 2) the units have been offered for sale as condominium units prior to the effective date of this Ordinance and the developer has incurred significant financial obligations with the intention of meeting such obligations with the proceeds of the sale of such units, and the provisions of this Ordinance will prevent meeting such obligation. (4) Penalties: Any person who violates any provision of this Ordinance, fails • to comply with the provisions of this Ordinance or who deliberately attempts to avoid the application of this Ordinance may, upon conviction thereof, be punished by a fine not exceeding $500. Each day's violation shall constitute a separate offense. (5), Severability: If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and an independent provision and such decision shall not affect the validity of the remaining portions thereof. (6) Effective Date: This Ordinance shall take effect and be in force five (5) days after the date of its publication in the manner provided by law. PASSED BY THE CITY COUNCIL this 15th day of October , 1979 g4A. MeaC( l Jerk APPROVED BY THE MAYOR this 15thday of October ,)]1979 7.; „it), /• Charles J. aurenti, Mayor Approved as to form: Lawrence J. Warr , City Attorney Date of Publication: October 19, 1979 —7- 9/27 Billie: Mr. Robert McRae phoned to advise that notices of meetings pertaining to the Condo Conversion Ordinance are being sent to the former owner of the Roxy Theatre and Apartments and he wishes them sent to him at: P. 0. Box 12 Redmond, WA-. 98052 hh cc: City Clerk .►. .6:h� J THE:. CITY ,OF. RENTON zt ? MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON, WASH..98055 S ~h t :Qf ' 'CHARLES:J: DELAURENTL MAYOR ' • DELORES A. MEAD �'o� CITY CLERK 4'E SEPj'GO' ; - ,August. 15 1979 • Apartment ,Operators..&° Owners • - :.:•,.:!,,..-•;‘,7-,,, of• Seattle.:&:`.King. County' 616 4th'.Ave W _ Seattle, WA 9$,119 ' RE; : .ORDINANCE, RELATING:TO,-,HOUSING: AND REGULATING THE CONVERSION • ' OP RESIDENTIAL RENTAL,,UN'ITS To CONDOMINIUMS OR COOPERATIVES• -.: Dear Sirs . `°° , We would like to request at this time:.that our Notice of Public 'Hearing - information..be Included :in" your brbch`u'res or monthly, news ;b•u'lletins. - as enclosed; :for information of._:affected parties:, : ` Thank you for your courtesies in;�this•.matter. , . ' Yours .very truly, CITY 'OF RENTON/� ' . • ,/2Llo-f_is) t. 74:z - : - : „ : Delores A. Mead, .C.M.C. - • . r • . . ., ,City Clerk:. DAM/sb , " = enclosures. • .0 ;� � C ; • • • : s 'l. RENTON CITY COUNCIL 1. CONTINUED ON AUGUST 27, 1979 AT 8:00 P.M. (CONTINUED FRONT AUGUST 13, 1979) RENTON MUNICIPAL BUILDING COUNCIL CHAMBERS 200 MILL AVENUE SOUTH ItttrTRKONVEKSroNeoF RESIDENTIALiPATALPUNITS°TO CONDOMINIUMS,ORE COOPERATIVES; PROVIDING ULAT- PROTECTIONS FOR.TENANTS AND PURCHASERS IN CONVERTED BUILDINGS: ADOPTING MEASURES TO MITIGATE THE ADVERSE EFFECTS OF CONVERSION DISPLACEMENT; AND PROVIDING PENALTIES FOR VIOLATIONS, GENERAL LOCATION OF SUBJECT PROPERTY: WITHIN CORPORATE LIMITS OF THE CITY OF RENTON Date of Publication: 8/17/79 (Complete legal description &further information available in the City Clerk's Office - 235-2500) . gng the removal, mutilation, destruction • or.concealment of this notice is.a mis- w a r n u . demeanor punishable . by fine and • imprisonment. CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE, relating to housing and regulating the conversion of residential rental units to condominiums or coop- eratives; providing protections for tenants and purchasers in converted buildings; adopting measures to mitigate the adverse effects of conversion displacement; and providing penalties for violations. WHEREAS, the vacancy rate for rental units in the City is between one and two percent and has been steadily declining and projections indicate no increase in the rental vacancy rate in the foreseeable future; and WHEREAS, an increasing percentage of residential rental units are being converted into condominiums and this conversion process is reducing the number of rental units in the city thereby worsening an already critical rental housing shortage; and WHEREAS, tenants displaced by condominium conversions, frequently on short notice, and sometimes immediately after commencement of the tenancy, have been unable to find comparable housing and are increasingly unable to find any decent, safe, and sanitary rental housing; and WHEREAS, conversions are imposing severe hardships upon all displaced tenants; and WHEREAS,prospective purchasers of condominiums are often without knowledge the unique concepts of ownership involved or of the obligations they incur in purchasing a condominium; and WHEREAS, in view of the increased danger of loss to the homeowner due to fins' as the result of the occupancy of the building by other owners; and WHEREAS,condominium sellers frequently do not provide prospective purchasers sufficient information about the nature of condominium ownership generally, or about snocific building conditions and operation costs to enable purchasers to make informed decisions; Now, Therefor, THE CITY COUNCIL OF THE CITY OF RENTON DO ORDAIN AS FOLLOWS: Section 1. Title: This ordinance may be cited as the "Condominium Conversion Ordinance". See 2. Definitions: The following words and phrases used in this Ordinance shall have the meanings set forth below: - (1) Acceptance of Offer of Sale: A written commitment for the purchase of a condominium unit or interest in a cooperative at a specific price and on specific terms. (2) Agent: Any person, firm, partnership, association, joint venture, corpora- tion or any other entity or combination of entities who represents or acts for or on behalf of a developer in selling or offering to sell any condominium or cooperative unit or interest in a cooperative. • (3) Building: Any existing structure containing one or more dwelling units and any grouping of such structures which were operated as rental units as converted buildings are the subject of a single declaration or simultaneous declarations filed pursuant to the Horizontal Property Regimes Act (RCW Chapter 64.32). (4) Condominium: Any existing structure containing three or more dwelling units as defined in the Housing Code: a) which is the subject of a declaration filed pursuant to the Horizontal Property Regimes Act (RCW Chapter 64.32); or b) in which there is private ownership of individual units and common ownership of common areas. (5) Condominium Unit: Any dwelling unit in a condominium. (6) Cooperative: Any existing structure, including surrounding land and improvements, which contains one or more dwelling units and which: a) is owned by an association organized pursuant to the Cooperative Association Act (RCW Chapter 23.86); or b) is owned by an association with resident shareholder who are granted renewable leasehold interests in housing units in the building. (7) Cooperative Unit: Any dwelling unit in a cooperative. (8) Conversion of Condominiums: The filing of a declaration pursuant to the Horizontal Property Regimes Act or the sale by a developer of condominium units that were previously rental units. (9) Conversion of Cooperatives: The execution of a lease agreement by a member of a cooperative association. (10) Converted Building: Any condominium or cooperative which formerly contained rental dwelling units. (11) Developer: Any person, firm, partnership association, joint venture or corporation or any other entity or combination of entities or successors thereto who, a) undertakes to convert, sell, or offer for sale condominium units; or b) undertakes to convert rental units to cooperative units or sell cooperative shares in an existing building which contains housing units or lease units, to a cooperative association's shareholders. The term developer shall include the developer's agent and any other person acting on behalf of the developer. (12) Eviction: Any effort by a developer to remove a tenant from the premises or terming e a tenancy by lawful or unlawful means. (13) Housing Code: The Renton Housing Code as codified in Title 4, Chapter 9, Code of General Ordinances of the City of Renton, as amended. (14) Offer of Sale to Tenant: A written offer to sell a condominium or cooprative• unit to the tenant in possession of that unit at a specific price and on specific terms. (15) Offer for Sale to Public: Any advertisement, inducement, solicitation, or attempt by a developer to encourage any person other than a tenant to purchase a condominium or cooperative unit. (16) Owner's Association: The association formed by owners of units in a condominium or cooperative for the purpose of managing the condominium or coop- erative. (17) Person: Any individual, corporation, partnership, association, trustee or other legal enfty.— -2- (18) Rental Unit: Any dwelling,unit, other than a detached single family residential dwelling, which is occupied pursuant to a lawful rental agreement, oral or written, express or implied, which was not owned as a condominium unit or cooperative unit on the effective date of this Ordinance. A dwelling unit in a converted building for which there has been no acceptance of an offer of sale on the effective date of this Ordinance shall be considered a rental unit. (19) Subtenant: A person in possession of a rental unit through the tenant with the knowledge and consent, express or implied, of the owner. (20) Tenant: Any person who occupies or has a leasehold interest in a rental unit under a aw rental agreement whether oral or written, express or implied. Section 3. Application of Ordinance: (1) Application to Conversion of Condominiums and Cooperatives: This Ordinance shall apply only to the conversion and sale of rental units that have not yet been converted to condominium or cooperative units, and to those units in converted buildings that are not subject to a binding purchase commitment or have not been sold on the effective date of this Ordinance. This Ordinance shall not apply to condominium or cooperative units that are vacant on , 1979 and which have been offered for sale prior to that date; Provided, That any tenant who takes possession of the unit after , 1979 shall be provided the disclosures required by Section 4 of this Ordinance and shall be entitled to the benefits of that section if the required disclosures are not given. (2) Application to Tenants: This Ordinance shall apply only to those tenants and subtenants who occupy rental units in converted buildings at the time the notices, offers, and disclosures provided by this Ordinance are required to be delivered. This ordinance shall not apply to tenants who take possession of a unit vacated by a tenant who has received the notices and other benefits provided by this Ordinance; Provided, that developers shall disclose in writing to all tenants who take possession after service of the notice required by Section 4 of this Ordinance, that the unit has been sold or will be offered for sale as a condominium or cooperative. This disclosure shall be made prior to the execution of any written rental agreement or prior to the tenant's taking possession, whichever occurs earlier. A developer's failure to disclose, within the time specified above, that the unit has been sold or offered for sale shall entitle the tenant to all the protections and benefits of this Ordinance. Section 4. Tenant Protections: (1) Notice to Tenants of Filing of Conversion Declaration: Within seven (7) days of the filing of a condominium conversion declaration as provided by the Horizontal Property Regimes Act (RCW Chapter 64.32) the developer shall: (a) Send to each tenant in the converted building, by registered or certified mail, return receipt requested, written notice of the filing. A tenant's refusal to accept delivery shall be deemed adequate service. (b) File notice of the filing of such declaration with the City Clerk, giving the date of filing, file or recording' number, office where filed, location and address of the structure and number of dwelling units contained within the structure, and the name, address and phone numbers of the owner(s), managers and persons responsible for the management' of the structure. (2) Notice to all Tenants Prior to Offerilifs any Unit for Sale to the Public as a Condominium or Cooperative Unit: At least days prior to offering any rental unit or units for sale to the public as a condominum unit or cooperative unit, the -3- developer shall deliver to each tenant in the building written notice of his intention to sell the unit or units. The notice shall specify the individual units to be sold and the sale price of each unit. This notice shall be in addition to and not in lieu of the notices required for eviction by RCW 59.12 and 59.18, and shall be delivered as provided in Section 4(1Xa) of this Ordinance. With the notice the developer shall also deliver to the tenant a statement, in a format to be provided by the Building Department, of the tenant's rights under this ordinance. (3) Purchase Rights of Tenant in Possession: With the notice provided in Section 4 above, the developer shall deliver to each tenant whose unit is to be offered for sale, a firm offer of sale of the unit that the tenant occupies. In the event that more than one tenant occupies a single unit, the developer shall deliver the offer to all tenants jointly or separately. For days from the date of delivery of the offer the tenant shall have the exclusive r g1 t to purchase his or her unit on the terms offered. (4) Purchase Rights of Tenants Whose Units are Offered for Sale Prior to Effective Date of Ordinance: Tenants of rental units w1 ch were offered for sale as condominium or cooperative units prior to the effective date of this.Ordinance but for which offers there have been no acceptances, shall be entitled to the rights and benefits of this Ordinance except that those rights provided by Section 4(6) of this Ordinance shall terminate days from the offer of sale of the unit to the tenant. (5) Subtenant's Purchase Rights: Should a tenant reject an offer of sale, the subtenant in possession at the time the notice provided in Section 4 is delivered, shall be offered the unit on the same terms as those offered the tenant. For days following that offer or until the expiration of the tenants' day option period as provided in Section 4, whichever occurs later, the subtenant agar have the exclusive right to purchase the unit on the terms offered to the tenant. (6) Rights of Tenants in Converted Buildingsto Purchase Other Units in the Buildings: Should both the tenant and subtenant rect the offer or sale or, fail to notify of acceptance of the offer within the time periods set forth in Sections 4(3) and 4(5) or vacate, the unit shall be made available for purchase to other tenants and subtenants in the building. The right to purchase another unit in the building by tenants and subtenants shall extend to the end of the day notice period provided the tenant in possession of that unit under Section 4(3r Whenever all tenants and subtenants in a building have indicated in writing their intention not to purchase a unit or the day notice period has expired and that unit is or becomes vacant then the developer may offer for sale and sell the unit to the public. (7) No Subsequent Sale on Better Terms: For a period of days following the date of the offers provided in Sections 4(3), 4(5) and 4(6), no offer sTiall be extended by the developer on terms more favorable in any respect than the offer previously extended to the tenant and/or subtenant unless the more favorable offer is first extended to the tenant and/or subtenant as required by Sections 4(3), 4(5) and 4(6) for a period of not less than days. (8) Evictions Only for Good Cause During Notice Period: No condominium or cooperative unit shall be sold or offered for public sale if, in the day period immediately preceding the sale or offer for public sale, any tenant her been evicted without good cause. For the purposes of this Ordinance good cause shall mean: 1) failure to pay rent after service of a three day notice to pay rent or vacate as provided in RCW 59.12.030(3); 2) failure to comply with a term or terms of the tenancy after service of a ten day notice to comply or vacate as provided in RCW 59.12.030(4); and 3) the commission or permission of a waste or the maintenance of a nuisance on the premises and failure to vacate after service of a three day notice as provided in RCW 59.12.030(5). (9) Tenant's Right to Vacate: Tenants who receive day notices of sale may terminate their tenancies at any time during such period :n the manner provided by RCW 59.18.200 and RCW 59.18.220, but will forfeit all rights to purchase a unit. -4- li Section 5. Consumer Protect ons: (1) Mandatory Housing Code Inspection and Repair) Notice to Buyers and Tenants: Prior to delivery of the day notice described in paragraph 4(2) above, developers shall, at their expense, request an inspection of the entire building by the Building Department for compliance with the Housing and Fire Code. The inspection shall be completed within days of a developer's request unless the developer fails to provide or refuses access to Building and/or Fire Department personnel. The developer shall,be required to install an approved fire alarm and smoke detector system in accordance with Title 7, and Title 4, Chapter 32, of the Code of General Ordinances of the City of Renton. The installation of the fire alarm system and all violations of the Housing Code revealed by the inspection must be completed and corrected at least days prior to the closing of the sale of the first unit or by the compliance date on Lhe inspection report, whichever is sooner. A follow-up inspection for compliance shall be completed within days of a developer's request. A copy of the building inspection report and certifTation of repairs shall be provided by the developer to each prospective purchaser at least days before the signing of any earnest money agreement or other binding purchase commitment. Copies of the inspection report shall be delivered to tenants in the converted building by the developer with the notice of sale as provided in Section 4(2). An inspection fee of $100.00 for the first unit and $15.00 per unit thereafter shall be paid by the developer whenever an inspection is requested as required herein. (2) Certification of Repairs: For the protection of the general public, the Building Department shall inspect the repairs of defective conditions identified in the inspection report and certify that the violations have been corrected. The certification shall state that only those defects discovered by the Housing Code inspection and listed on the inspection report have been corrected and that the certification does not guarantee that all Housing Code violations have been corrected. Prior to the acceptance of any offer, the developer shall deliver a copy of the certificate to the purchaser. No developer, however, shall use the Building Officials certification in any advertising for the purpose of inducing a person to purchase a condominium or cooperative unit. (3) Disclosure Re9uirements: In addition to the disclosures required by previous sections of this Ordinance, the developer shall make available at a place on the premises convenient to the tenants during normal working hours the following information to prospective purchasers at least days before any purchase commitment is signed, or, in the case of existing tenants, with the day notice provided in paragraph 4(2) above: 1) copies of all documents filed with—any governmental agency pursuant to the Horizontal Property Regimes Act (Chapter 64.32 RCW); 2) an itemization of the specific repairs and improvements made to the entire building during the six months immediately preceeding the offer for sale; 3) an itemization of the repairs and improvements to be completed before close of sale; 4) a statement of, the services and expenses which are being paid for by the developer but which will in the future be terminated, or transferred to the purchaser, or transferred to the owners' association; 5) an accurate estimate of the useful life of the building's major components and mechanical systems (foundation, exterior walls, exterior wall coverings other than paint or similar protective coating, exterior stairs, floors and floor supports, carpeting in common areas, roof cover, chimneys, plumbing system, heating system, water heating appliances, mechanical ventilation system, and elevator equipment) and an estimate of the cost of repairing any component whose useful life will terminate in less than five years from the date of this disclosure. For each system and component whose expected life cannot be accurately estimated, the developer shall provide a detailed description of its present condition and an explanation of why no estimate is possible. In addition, the developer shall provide an itemized statement in budget form of the monthly costs of owning the unit that the purchaser intends to buy. The itemization shall include but shall not be limited to: a) payments on purchase loan; b) taxes; c) insurance; d) utilities(which shall be listed individually); e) homeowner's assessments; f) the projected monthly assessment needed for replacing building components and systems whose life expectancy is less than five years; and g) a statement of the budget assumptions concerning occupancy and inflation factors. -5- i (4) Warranty of Repairs; Set Aside for Repairs: Each developer shall warrant for one year from the date of completion all improvements and repairs disclosed pursuant to Section 5(3) of this Ordinance. (5) Unlawful Representations: It shall be unlawful for any developer, agent, or person to make or cause to be made in any disclosure or other document required by this Ordinance, any statement or representation that is knowingly false or misleading. It shall also be unlawful for any developer, agent, or other person to make, or cause to be made, to any prospective purchaser, including a tenant, any oral representation which differs from the statements made in the disclosures and other documents required to be provided tenants and purchasers by this Ordinance. (6) Purchaser's Right to Rescind: Any purchaser who does not receive the notices, disclosures, and documents required by this Ordinance may, at any time prior to closing of the sale, rescind, in writing, any binding purchase agreement without any liability on the purchaser's part and the purchaser shall thereupon be entitled to the return of any deposits made on account of the agreement. (7) Delivery of Notice and Other Documents: Unless otherwise provided, all notices, contracts, disclosures, documents and other writings required by this Ordinance shall be delivered by registered or certified mail, return receipt requested. The refusal of registered or certified mail by the addressee shall be considered adequate delivery. All documents shall be delivered to tenants at the address specified on the lease or rental agreement between the tenant and the developer or landlord. If there is no written lease or rental agreement then documents shall be delivered to the tenants' address at the converted building. In any sublet unit all documents shall be delivered to the tenant at his current address, if known, and to the subtenant in possession. If the tenant's current address is unknown, then two copies of all documents shall be delivered to the subtenant, one addressed to the tenant and the other addressed to the subtenant. Delivery of the day notice of intention to sell required. by Section 4(2) of the Ordinance, the deve oper's offer to sell, and all disclosure documents shall be delivered to the tenants in a converted building at a meeting between the developer and the tenants. The meeting shall be arranged by the developer at a time and place convenient to the tenants. At the meeting the developer shall discuss with the tenants the effect that the conversion will have upon the tenants. Should any tenant refuse to acknowledge acceptance of the notice, offer and disclosures the developer shall deliver the documents in the manner prescribed in this paragraph. (8) Acceptance of Offers: Acceptance by tenants or other beneficiaries of offers provided pursuant to this Ordinance, shall be in writing and delivered to the developer by registered or certified mail, return receipt requested, postmarked on or before the expiration date of the offer. Section 6. Administration - Penalties - Severability: (1) Administration: The Building Department is charged with the admin- istration and enforcement of this Ordinance and is authorized and directed to adopt, promulgate, amend and rescind administrative rules consistent with the provisions of this Ordinance and necessary to carry out the duties of the Building Official hereunder. (2) Complaints: Any person subjected to any unlawful practice as set forth in this Ordinance may file a complaint in writing with the Building Department. The Building Department is hereby authorized and directed to receive complaints and conduct such investigations as are deemed necessary. Whenever it is determined that there has been a violation of this Ordinance the Building Department is authorized, at its discretion, to follow one or more of the following procedures: (a) Attempt to conciliate the matter by conference or otherwise and secure a written conciliation agreement. (b) Refer the matter to the City Attorney for appropriate civil remedies or criminal prosecution. —6— • • (3) Hardship Relief - Waiver: The City Council is authorized to waive strict compliance with this Ordinance In specific individual instances where the developer can show with clear, cogent and convincing evidence that: 1) the financial burden required to comply would greatly outweigh the benefits and would create an unreasonable hardship upon the developer; or 2) the units have been offered for sale as condominium units prior to the effective date of this Ordinance and the developer has incurred significant financial obligations with the intention of meeting such obligations with the proceeds of the sale of such units, and the provisions of this Ordinance will prevent meeting such obligation. (4) Penalties: Any person who violates any provision of this Ordinance, fails to comply with provisions of this Ordinance or who deliberately attempts to avoid the application of this Ordinance may, upon conviction thereof, be punished by a fine not exceeding $500. Each day's violation shall constitute a separate offense. (5) Severability: If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent Jurisdiction, such portion shall be deemed a separate, distinct and an independent provision and such decision shall not affect the validity of the remaining portions thereof. (6) Effective Date: This Ordinance shall take effect and be in force five (5) days after the date of its publication in the manner provided by law. PASSED BY THE CITY COUNCIL this day of , 1979 Delores A. Mead, City Clerk APPROVED BY THE MAYOR this day of , 1979 Charles J. Delaurenti, Mayor Approved as to form: Lawrence J. Warren, City Attorney -7- RENTON CITY COUNCIL Regular Meeting October 8 , 1979 Municipal Building Monday , 8 :00 P . M. Council Chambers MINUTES CALL TO ORDER Mayor Pro tem Barbara Y. Shinpoch led the Pledge of Allegiance to the flag and called the meeting of the Renton City Council to order. ROLL CALL OF BARBARA Y. SHINPOCH, Council President; RICHARD M. STREDICKE, COUNCIL GEORGE J. PERRY, EARL CLYMER, THOMAS W. TRIMM, 'CHARLES F. SHANE. MOVED BY STREDICKE, SECOND PERRY, EXCUSE MARGARET PROCTOR. CARRIED. CITY OFFICIALS LAWRENCE WARREN, City Attorney;. DEL MEAD, City Clerk; TED IN ATTENDANCE BENNETT, Deputy Finance Director; GORDON Y. ERICKSEN, Planning Director; WARREN GONNASON, Public Works Director; RON HEIRET, Parks Supt. ; SHARON GREEN, Personnel Director; MICHAEL PARNESS, Administrative Assistant; JOHN BUFF, Police Department; JAMES MATTHEWS, Fire Department. MINUTE APPROVAL Councilman Stredicke noted for clarification of Council. minutes 10/1/9 of 9/24/79, Page 2, Paragraph 9, the Community Services Committee made recommendation. MOVED BY TRIMM, SECOND SHANE, APPROVE COUNCIL MINUTES OF OCTOBER 1 , 1979 AS WRITTEN. CARRIED. OLD BUSINESS Transportation Transportation Committee Chairman Trimm presented committee report Committee recommending Council adopt the resolution relating to the alloca- FAUS Funding tion and expenditure of Federal Aid Urban System (FAUS) Funds as recommended by the Public Works Director. MOVED BY TRIMM, SECOND Resolution #2301 CLYMER, COUNCIL CONCUR. CARRIED. City Clerk Mead read the resolu- Funding for tion authorizing Mayor and City Clerk to execute and deliver docu- SW 27th St. ments re FAUS Funding for SW 27th St. East Valley Road to West Valley Parkway Valley Road and' Valley Parkway (formerly Longacres Parkway) from SW 43rd St. (S. 180th St.) to Sunset Blvd. W. (SR 900) . MOVED BY CLYMER, SECOND TRIMM, ADOPT THE RESOLUTION AS READ. CARRIED. Planning, and The Planning and Development Committee Chairman Perry presented Development report noting review of the condominium conversion ordinance Committee and explained the time periodrhave been determined and recommended Condominium that the ordinance be referred to the Ways and Means Committee Conversion to be placed on first reading. Councilman Perry reported one mino Ordinance change and noted time periods, also that details same as King County, Auburn, Redmond and Seattle. Councilman Shane requested reply to previous question re difference between proposed ordi- nance and building code and was advised by the City Attorney that the building code applies to new construction and has no affect upon condominium conversion which is for legal ownership of build- ing. MOVED BY PERRY, SECOND CLYMER, CONCUR IN PLANNING AND DEVELOPMENT COMMITTEE RECOMMENDATION.* Proposed amendment by Stredicke, failed for lack of a Second, to'add relocation assis- tance of $350 per unit to tenant or sub-tenant for either volun- tary or involuntary vacating after received notice of conversion. Moved by Shane, Second Stredicke, amend motion to allow up to $350 for involuntary relocation with. notice.. .Stredicke later withdrew Second; City Attorney advised that with inclusion of "up to" there would be need for establishment of standards for measurement. *ORIGINAL MOTION CARRIED. (See later.) Condominium The Planning and Development Committee report recommended that Conversion the moratorium on condominium conversions be extended for thirty Moratorium days. MOVED BY PERRY, SECOND CLYMER, REFER TO WAYS AND MEANS COMMITTEE. CARRIED. (See later.) Noise Abatement Councilman Stredicke inquired of the City's regulations concerning noise abatement and noted citizen questioned a church broadcasting , music onto its parking 'lot. City Attorney Warren explained the' Renton City Council 10/8/79 Page 2 Old Business by Council - Continued Noise Abatement difficulty in enforcement of any noise ordinance and need to Continued measure decibels. Versie Vaupel , 221 Wells Ave. N. , called attention to recently adopted noise control ordinance by King County and suggested like legislation for the city. Utilities Utilities Committee Chairman Shane presented committee report Committee which recommended Council concurrence in the recommendation of Cumulative the Public Works Director (letter of 8/17/79) for establishment of Reserve Fund Cumulative Reserve Fund covering installation, repair and mainten- ance of storm sewer system throughout the city as compared to the specific upgrading of a 12" line in Camas Ave. MOVED BY SHANE, SECOND CLYMER, CONCUR IN REPORT AND REFER TO WAYS AND MEANS COM- MITTEE. CARRIED. (See later.) Ways and Means Ways and Means Committee Chairman Clymer presented report recom- Committee mending second and final readings for the following ordinances: •(Wiemann Rezone ordinance to be held in Committee one more week.) > Ordinance #3362 An ordinance was read amending Ordinance No. 3320 creating a Cumulative Special Fund to be known as "Cumulative Reserve Fund #3362" for Reserve Fund the purpose of construction, installation and maintenance of Water Retention - a storm sewer line throughout the City. (Amends Cumulative Storm Sewer Reserve Fund #3320 Budgetary Account #115) (First reading on 9/10/79) MOVED BY CLYMER, SECOND PERRY, ADOPT ORDINANCE AS READ. ROLL CALL: 4-AYES: SHINPOCH, PERRY, CLYMER, TRIMM; 2-NO: STREDIC E AND SHANE. MOTION CARRIED. Councilman Stredicke requested his inquiry of Public Works Director be noted for the record: Public Works Director explained the original Cumulative Reserve Fund did restrict funds .to use in the same drainage basin, which was Camas Ave. Fund. Gonnason explained similar conditions through- out the City and rather than have a series of specific funds, the one Cumulative Reserve Fund was established which would not confine funds to same drainage basin; but would not entitle area to more funds than they have paid toward the fund. Recess MOVED BY TRIMM, SECOND CLYMER, COUNCIL RECESS. . CARRIED. 8:45 p.m. Council reconvened at 8:55 p.m. Roll Call : All present as ireviously shown. Ordinance #3363 An ordinance was read amending the City's Comprehensive Plan Comprehensive and Maps relating to properties bounded by Taylor Pl . NW, Plan for Taylor Ave. NW, Renton Ave. Extension, S. 84th Ave. and the City West Hill Area Limits, known as the West Hill area. (First reading 10/1/79) MOVED BY CLYMER, SECOND TRIMM, ADOPT AS READ. ROLL CALL: 5-AYES: SHINPOCH, STREDICKE, PERRY, CLYMER, TRIMM; ON -NO: SHANE. MOTION CARRIED. Ordinance #3364 An ordinance was read appropriating $234,750 from unanticipated Appropriation and revenue and transferred to Airport for construction of Quick Transfer ADAP Egress Taxiways on Renton ,Municipal Airport. Following readings, Airport Project MOVED BY CLYMER, SECOND STREDICKE, ADOPT AS READ. ROLL CALL: ALL AYES. CARRIED. Ordinance #3365 The Ways and Means Committee recommended first reading of an Condominium ordinance extending the moratorium on the conversion of rental Conversion units to condominiums for 30 days; amends ordinance No. 3326. Moratorium MOVED BY CLYMER, SECOND SHANE, SUSPEND RULES AND ADVANCE THE Expires 11/17/79 ORDINANCE TO SECOND AND FINAL READINGS. CARRIED. Following readings, MOVED BY CLYMER, SECOND STREDICKE, ADOPT ORDINANCE AS EAD. ROLL CALL: 5-AYES: SHINPOCH, STREDICKE, PERRY, CLYMER, TRIMM; ONE-NO: SHANE. CARRIED. First Reading The Ways and Means Committee recommended first reading of an Condominium ordinance regulating conversion of rental units to condominiums. Conversion Following reading, MOVED BY STREDICKE, SECOND SHANE, REFER BACK TO THE WAYS AND MEANS COMMITTEE. CARRIED. • sP z • PLANNING AND DEVELOPMENT COMMITTEE COMMITTEE REPORT OCTOBER 8, 1979 • CONDOMINIUM CONVERSION ORDINANCE (referred 3/26/79) The Planning and Development Committee has reviewed the Condominium Conversion Ordinance and has filled in the time periods and recommends that the ordinance be referred to the Ways and Means Committee to be placed on first reading. CONDOMINIUM CONVERSION MORATORIUM The Planning and Development Committee recommends that the moratorium on condominium conversions be extended for thirty days. G ge Pe ry, Chairman Earl Clymer Barbara Shinpoch r J Jac G . // �` • Cl.'I'Y (IV RENTON, WASHI.NGTON • ORDINANCE NO. 3365 • AN ORDINANCE OF THE CITY 0V RENTON, WASHINGPON, EXTENDING 791E MORATORIUM ON THE CONVERSION OF RENTAL UNITS TO CONDOMINIUMS AND PROVIDING FOR PENALTIES FOR VIOLATJ ONS WHEREAS the City Council advises that the conditions existing as of the enactment of Ordinance No. 3326 as more particularly - specified in the"Whereas" clauses of that: Ordinance still exist requi.ring .the extension of such a moratorium period during the development and adoption of reguLations governing the conversion of rental units to condominiums, NOW THEREFORE • BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RENTON, • WASHINGTON, AS FOLLOWS: SECTION I: Definitions: The following terms Used in this Ordinance shall have the meaning set forth below: (a) Condominium Building means a building in which the • owner of one or moire duelling units is entitled to the exclusive ownership and possession of his or her unit and has the common right to share, with other unit owners, the' common area and facilities, or which is governed by the Horizontal Property Regimes Act (RCW .64.32) . (b) Condominium Conversion means the filing of a declaration of condominium as provided by the Horizontal Property Regimes Act (RCW64.32) on a building which prior to July 2, 1979 contained • one or more rental units. (c) Condominium Unit shall wean a single unit in a Condominium Building. (d) Offer for Sale shall mean any advertisement, inducement, solicitation, or attempt to encourage .any person to purchase an indentifiable condominium Unit. Ali • !,1 • • (i. ) Owner lhc• person or per;;nn:s who have s i t l e to or a. beneficial. interest. in ;iny existing building designed or intende6 Lu be used for human habi.Lalion. (t') Person includes any individual , corporation, partnership . assucialion, t:rnstee or other legal en1 ily. • (g) Rental Unit means any dwelling unit as defined in RCW • 59.18.030 •(1) which has been occupied since July 2, 1979, under a rental agreement , express or. implied. (h) Sale shall mean the acceptance of an offer to purchase a rental or condominium unit provided that the sale of an entire building shall not be considered a sale for the purpose of. this Ordinance. (i) Tenant means any person occupying or holding possession of a building or any portion thereof for purposes of habitation pursuant to a lease or rental agreement. SECTION II: From the effective date of this Ordinance for. a period of thirty (30) days, it shall be unlawful for any person to convert: a rental unit to a condominium, or to sell or offer for sale any rental unit or condominium unit where such rental unit was rented as of July 2, 1979. • SECTION III.: Exception: The requirements of Section II of this Ordinance shall not apply to (a) condominium units or rental units which have not been occupied by a tenant since July 2, 1979, or (b) rental units where an owner can show, with clear, cogent and convincing evidence, that (1) the units have been sold or offered for sale as condominium units prior .to July 2, 1979, or (2) that he or she prior to July 2, 1979, incurred significant financial obliga- tions with the intention of meeting such obligations with the proceeds of the sale of the units, and the prdvisions of this Ordinance will prevent him or her from •meeting such obligations; or- (3)' condominium units or rental units which are offered for sale and sold to the tenant occupying such unit on July 2, 1979. • • SECTL.9N IV: Penalty: Commission of thc act made unlawful by Section LI of this Ordinance shall constitute a violation subject • to the provisions of Section 204 of the Uniform Houging Code (fide 4, Chapter 9 of the Code of Cenerat Ordinances of the City of RentOn) . Any person convicted thereof may be punished by a civil fine or forfeiture not to exceed Five Hundred dollars ($500.00) . Each day's violation shall constitute A separate offense. . SECTION V: This Ordinance shall take effect and be in force and effect upon its passage, approval and five days after its publication. PASSED BY,THE CITY COUNCIL this 8th day of October, 1979 . • De Ores A. Meg,' 9 Cit Clerk APPROVED BY THE MAYOR this 8th day of October, 1979. • r . 0jutataN-0-'PS •VAAA-t.)0 44-> Barbara-r.:-Sh TITO&h,-14-6.3OFTTO Approved as to form: 'Lawrence ..1, Wren, City Attorney Date of Publication: October 12, 1979 • • • JJ r , - • • S 4008 MEADOW N. • RENTON, WA., 98055 k _ AUG. 27, 1979• fREC 'IVF ..} 4 °� 1979 0ITY OF ! REruTON fV1AYOR'S OFFICE MAYOR & CITY COUNCIL s � CITY OF RENTON, R��C'\C319 RIM TON, WA., �,, 6\:\\�� * �`�' yea GENTLEMEN: •csa o.R� �� DUE TO PRIOR C0MMITTMENTS & ALSO DUE TO THE FACT THAT WE AR d'/ ��� �,� ' SUBSTANTIAL LAND OWNERS ADJACENT TO TEE PROPERTY THAT HAS REQUESTED CONVERSION FROM APARTMENTS TO CONDOMINIUMS; WE WISH TO GO ON RECORD AS BEING FOR THIS IDEAS THE PROPERTY UNDER CONSIDERATION IS LOCATED AT OATH & PARK AND ALSO ALONG LAKE' WASHINGTON BLVD., IN THE SIF�tGE AREA. THANK YOU.. SINCERELY, R ' T A. F 7CETT SSA M. FAWCETT (SPOUSE) r • . 411 Renton City Council 9/10/79 Page 3 • Ways and Means Committee Report Reappointment The Ways and Means Committee recommended concurrence in the Board of reappointment of Felix Campanella to the Board of Adjustment, Adjustment position #1 ; term to expire 9/6/83. MOVED BY PERRY, SECOND TRIMM, CONCUR IN RECOMMENDATION. CARRIED. Voucher Ways and Means Committee recommended approval for payment of Approval • Vouchers No. 24720 through No. 24869 in the amount of $323,578.38 Macine Voids: plus LID #302 Revenue and Cash Warrants R-43 in amount of Macro e5 - ids: . $454,672.17, C-103 $431 ,877..95, C-104 $22,422.38, C-105 $176.23 #247and C-106 $195.61 . MOVED BY TRIMM, SECOND SHANE, CONCUR IN RECOMMENDATION OF WAYS AND MEANS COMMITTEE. CARRIED. CONSENT AGENDA The following items are adopted by one motion which follows the items included. Letters are not read and discussed separately unless so requested. Open Space Letter from Planning Director Ericksen reported receipt from Taxation King County of Open Space Taxation Application of L. H. Hawkins Application for nine acres located in the wetland area between Talbot Road OSC-409-79 and SR 167. The letter stated that in accord with state statutes , L. H. Hawkins the City Council and County Council designate a review board consisting of three members from each agency; that the review board of the City Council for Open Space Taxation Applications has been the Community Services. Committee. The letter recommended referral to the Community Services Committee to hold joint public hearing as required by law. Proposed Letter from Board of Public Works 'Chairman Gonnason reported Annexation the Board has determined that the area of request for annexa- KCWD #90 (Nelson) tion by King County Water District #90 is outside the City and • reports no objections . (Information) David A. Sabey Land Use Hearing Examiner, Fred Kaufman, recommended approval Rezone 387-79 with restrictive covenants David A. Sabey, Rezone R-387-79 trom GS-1 to B-1 property located at the SE corner of SW Grady Way and Oaksdale Ave. SW, proposed use for future office, . specialty retail and car parking. Refer to Ways and Means Committee. • Release of Letter from Martin Seelig requested elimination of easement in Easement re regard to 'street vacation, VAC-7079, portion of Maple Ave. SW. Ordinance 3351 Refer to Public Works Department for preparation of release of easement. • Donation Letter from Mayor Delaurenti requested appropriation of funds in amount .:of $1 ,000 by Renton Soroptimists to the Senior Center Construction Fund for purpose of providing a drinking fountain • near the new building. Refer to Ways and Means Committee. (See first reading of ordinance Page 2. ) Condominium Letter from Robert A. and Clarissa M. Fawcett, 4008 Meadow N. , Conversion favored conversion from apartments to. condominiums in area located at 40th and Park N. and also along Lake Washington Blvd. N. , being substantial land owners adjacent to the property. Refer to Planning and Development Committee. Police Department Letter from Renton Police Officer Lt. Frank Cooper, Lt. Donald Pay Differential Persson and Lt. Ray Caldwell requested the City continue the salary differential established by Resolution #2233 12/4/78. ' The letter in addition requested amendment to Section II for the purpose of removing longevity as the sole exception to equal benefits between Guild and non-Guild'members and explained reduced differential without removal . The letter also petitioned parity with Fire Department counterparts. Refer to Committee of the Whole. King County Letter from the King County Zoning and Subdivision Examiner Building and Land announced public hearing on proposed plat of Rainier Crest will Development #378-8 be reopened on September 25, 1979 in the King County Administra- tion Building. Located between' 133rd SE and 136 SE south of SE 74th. Refer to Planning Department. Renton City Couhcil 9/10/79 Page 4 Consent Agenda - Continued CRP Training . Letter from Fire Department Chief Geissler requested authoriza- for Renton tion and approval of contract to provide CPR training for the School District high school and middle school students in the Renton School District. Concur and authorize signatures. Bid Opening City Clerk Mead reported 8/24/79 bid opening Renton Municipal Airport Airport Improvements. See attached tabulation. Refer to • Improvements Transportation Committee. - 1979 Budget Letter from Public Works Director Gonnason requested supple- Building Dvn. mentary appropriation in amount of $16,477 for the Building Division representing proffessional services, office supplies . and equipment rental . The letter explained the extreme amount of construction activity throughout the city resulted in the operating expenses exceeding original appropriations. Refer to Ways and Means Committee. • • Proposed King County Boundary Review Board notice of proposed annexation Annexation to the City of Tukwila of both Allentown and Crestview. Refer to the Board of Public Works. Consent Agenda MOVED BY SHINPOCH, SECOND PROCTOR, ADOPT THE CONSENT AGENDA. Approval MOVED BY SHANE, SECOND CLYMER, AMEND MOTION TO EXEMPT THE FOLLOW- ING ITEMS. CARRIED. MOTION AS AMENDED; CARRIED. Pawnbroker Letter from Finance Director Marshall requested approval of Licehse additional pawnbroker license application for the Renton Loan Shop, owned by Louis Barei , 614 S. 18th St. , shop address: • 327 Wells Ave. S. . The letter explained City ordinance allows one pawnbroker license for every fifteen thousand population; official State Census: 30,700. MOVED BY PERRY, SECOND STREDICKE, CONCUR IN REQUEST AND LICENSE BE ISSUED. CARRIED. Burnett Lineal Letter from Parks Director Webley and Planning Director Ericksen Park requested concurrence in selection of Edward. MacLeod and Associ- ates as landscape architect for Burnett Lineal Park. The • letter explained selection process and Park Board concurrence. Concur and authorize signing of contract. Councilman Shane inquired of proposed north/south 515 route and was advised by Mayor Delaurenti that 515 Extension was proposed for Shattuck Ave. MOVED BY SHINPOCH, SECOND STREDICKE, COUNCIL CONCUR. CARRIED. Sewer Extension Letter from The Pace Corporation, 16301 NE 8th, Bellevue, Manag- Union Ave. NE ing Partern, Tom Ismon, applied for late-comers agreement on ' sewer extension along Union Ave. NE on behalf of Forestbrook Associates, owner of Forestbrook Townhouses. MOVED BY SHANE, SECOND STREDICKE, REFER TO THE PUBLIC WORKS DEPARTMENT AND TO THE UTILITIES COMMITTEE. CARRIED. CORRESPONDENCE Letter from Richard Harbert, RH2 Engineering, 4901 114th NE, Renton Hill Kirkland, requested on behalf of Mr. Sigi Ullrich that the Water System city increase the current water system assessment for develop- Improvements ment in the Renton Hill area, with intent that each development pay its fair share of water system improvements necessary to provide adequate fire fighting capacities. The letter further requested the City construct improvements necessary to provide adequate fire flow and the City be reimbursed through the increased assessment for all costs including inflation. The letter out- linedimprovements including R-3 zoned area' along Mill Ave. from S. 6th to I-405 and listed benefits. MOVED BY STREDICKE, SECOND PERRY, REFER LETTER TO 'THE UTILITIES COMMITTEE AND CITY ATTORNEY FOR .REVIEW AND RECOMMENDATION BACK TO COUNCIL. CARRIED. AUDIENCE COMMENT Tom Teasdale, 506 S. 15th St. , inquired regarding proposed 100 Proposed 7 Story ft. or 7 story building in kenton._Village as described in 8/29 Building North' Record Daily Chronicle and inquired whether permit was issued of FAI 405 without an .environmental impact 'study. Public Works Director Gonnason explained environmental check list prepared by developer that view obstruction was addressed as minimal . Gonnason stated VI. • ',1,. . 14. i ...., , 0 0 OFFICE of the CITY CLERK ' 7'''''-')1r,°'''"--''2:c :14. ":;'''' •P'''''-3'i.lci-' 7:".."77752,;-,':).. ..---'.;:-____M"-- i''' r44.. 0 . %0 4.1) Z 200 Mill AvenueS ,•:- A••• ' .':ivi sc55 ;., '''. :. c...1\i i 1(..,'`-%ejr-• '-`i'''=,.'''''''s.mr ''"---` 4-- i outh <r to :'49... 1 A 1741 Vki :1U___VraAM 5 t.0 c23 , 3 --- Renton Washington 98055 O - t.$) : 2 1.111G •.. .: :. "4 ga.427R,.• ;2°T'-eiql4 .f-:, t A i'lij. -AI:,.9 ''''' • , i 9 79 ' - ...1 --,)t ,HA t I )1 1 f.J V. tv..,ii44--,1 Irtr-V-T — 7 I. 7, "'".."'77.11)1:: 1 3. • ; 11",9 sEp-rs-- "----:- ,-- ' i'7,4-d:b. n'.., •-EQ 1 -- j:;-'-.., t:L.1.3a8915 1 nder Ap . .172 3 - 32 - - SeftIs1e, WA 98188 -1. _ co c. %,Q PMG 1979 (.? - ,1 . ,i GL6...1 -1,.,:•lk: z - -- , f AS,lON a El0 Nli°a.) t i C\t1‘S\'t 1_o I es.OE 9f1V 2-''' • . 1,1 .... _ RENTON CITY COUNCIL Regular Meeting Y/ August 27,; 1979 Municipal Building Monday, 8.00 P .M. Council Chambers MINUTES CALL TO ORDER Mayor Charles Delaurenti led the Pledge of Allegiance to the flag and called the Renton City Council meeting to order. ROLL CALL OF BARBARA Y. SHINPOCH, Council President; RICHARD M. STREDICKE, COUNCIL GEORGE J. PERRY, EARL CLYMER, THOMAS W. TRIMM, CHARLES SHANE. MOVED BY SHINPOCH, SECOND CLYMER, EXCUSE ABSENT COUNCILWOMAN MARGARET PROCTOR. CARRIED. Councilwoman Proctor arrived shortly thereafter. CITY OFFICIALS C.J. DELAURENTI , Mayor; LAWRENCE WARREN,City Attorney; MAXINE PRESENT MOTOR, Deputy City Clerk; GWEN MARSHALL, Finance Director; WARREN GONNASON, Public Works Director; JOHN WEBLEY, Parks and Recreation Director; DAVID CLEMENS, Planning Dept. Rep. ; JAMES MATTHEWS, Fire Dept. Rep. ; HUGH DARBY, Police Chief. PRESS. GREG ANDERSON, Renton Daily Record Chronicle MINUTE APPROVAL MOVED BY SHINPOCH, SECOND CLYMER, APPROVE COUNCIL MINUTES OF AUGUST 20, 1979 AS WRITTEN. CARRIED. PUBLIC HEARING This being the date set and proper notices having been posted, Proposed Condo published, and mailed according to law, Mayor Delaurenti opened Conversion the continued public hearing to consider the proposed condominium Ordinance , conversion ordinance. Letter from Henry Dean, Attorney, 1700 Peoples National Bank Bldg. , Seattle, was read suggesting number • Cont. from of days to complete the ordinance and possible exclusion of certain 8/13/79 sections. Henry Dean (representing Misty Cove Apts.. ) inquired about section regarding updating apartments being converted to present building code requirements may not always be feasible of older units and requirement of guarantees of items within the unit. Councilwoman Shinpoch noted objective was to prevent conversion of sub-standard buildings. Mike Moyer, 16803 254th P1 , So. King County Tenants Union, noted favorable response to the proposed ordinance except for exclusion of financial aid to tenants forced to move elsewhere. MOVED BY SHINPOCH, SECOND PERRY, TO CLOSE THE PUBLIC HEARING. CARRIED. MOVED BY SHINPOCH, SECOND CLYMER, REFER TO THE PLANNING AND DEVELOPMENT COMMITTFF. TO CONSIDER SUGGESTIONS AND COMPLETE THE ORDINANCE. CARRIED. AUDIENCE COMMENT Judy Pierce, King County Emergency Medical Services, explained recommendation for King County to directly operate paramedic services to residents of, South King County. The main objective of such a program would be to handle administration and funding. Also, explaining proposed county wide six year levy issue to fund basic and paramedic services at approximately $.21/$1,000 from Renton would total $195,775.00. King County Councilwoman Pat Thorpe noted desire for City to be aware of the program coming before the County Council probably next week requesting the County administrate such a program. Councilman Stredicke requested that a countywide 911 program be included. OLD BUSINESS Community Services Community Services Committee Chairman Stredicke presented report Committee Report re special needs and joint funding presently available through the Housing and Community Development Block Grant Program noting the following: South Burnett Community Services Committee recommended th'at the City endorse an Park Project application for $20,000 of additional funds for the South Burnett Park Project. MOVED BY CLYMER, SECOND SHINPOCH, TO CONCUR IN THE RECOMMENDATION. CARRIED. Funds for South Community Services Committee report recommended that $5,179 of additional Burnett Park 1979-1980 population funds be committed to the South Burnett Park Project. Project MOVED BY CLYMER, SECOND SHINPOCH, TO CONCUR IN THE COMMITTEE RECOMMENDATION CARRIED. Renton City Council 8/27/79 Page 2 Old Business - Continued Applications Community Services Committee report recommended the City Co-sponsor for Interjurisdic- three applications for interjurisdictional funds (1. King County tional Funds . Unified Weatherization Program, 2. Cedar River Trail System, 3. King County Senior Housing Program) . MOVED BY CLYMER, SECOND SHINPOCH, TO CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. Executive MOVED BY SHINPOCH, SECOND STREDICKE, COUNCIL HOLD EXECUTIVE SESSION Session TO DISCUSS LABOR NEGOTIATIONS. CARRIED. 9:15 p.m. and reconvened at 10:20 p.m. Roll Call - All council members present. ORDINANCES AND RESOLUTIONS Ways and Means The Ways and. Means Committee Chairman Clymer presented report Committee Report recommending the following ordinance for second and final readings: ORDINANCE #3353 Ordinance was read changing the zoning classification of certain Renton Hill Phase properties within the city from heavy industrial district to III Rezone residence single family district (R-1); public district (P-1) R-219-78 and manufacturing park district (M-P) Renton Hill Phase III, R-219-78, Interpace Corp. Interpace Corp. MOVED BY CLYMER, SECOND SHANE, TO ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. MOTION CARRIED. The Ways and Means Committee recommended the following ordinance for first reading: Alley Vacation- Ordinance was read vacating a portion of an alley between N. 35th Between N. 35th & and N. 36th Streets, East of Burnett Ave. N. as petitioned by Brown/ N. 36th Sts. , Strand Homes. VAC-13-79. MOVED BY CLYMER, SECOND SHANE, TO REFER VAC-13-79 BACK TO THE WAYS AND MEANS COMMITTEE. CARRIED. Atlantic Services Ordinance was read changing the zoning classification of certain Rezone properties within the city from light industrial district (L-1) R-363-79 and residence. district (R-3) to business district (B-1) . Atlantic Services, Inc. , R-363-79. Property located at the southwest corner of south Grady Way and Main Ave. South. MOVED BY CLYMER, SECOND SHANE, TO REFER BACK TO THE WAYS AND MEANS COMMITTEE. CARRIED. The Ways and Means Committee recommended the following resolution for adoption: RESOLUTION #2292 Resolution was read setting a public hearing on October 1, 1979 Street Vacation . to hear the matter of a proposed street vacation of a portion Tacoma Ave. NE of Tacoma Ave. NE, north of NE 17th St. , between Shelton Ave. NE VAC-17-79 and Union Ave. NE. (VAC-17-79) Petitioned by Valley Investment Properties/Robert C. Olson. MOVED BY CLYMER, SECOND TRIMM,TO ADOPT THE RESOLUTION AS READ. CARRIED. Voucher Approval Ways and Means Committee report recommended approval of Vouchers No. 24503 through No. 24717 in the amount of $353,555.31. (Voids #24498 - 24502) LID #302, Revenue Warrant,R-42,$18,446.48; Cash Warrant,C-100,$18,081.76; Cash Warrant,C-101, $227.70; Cash Warrant,C-102, $137.02. LID #307, Revenue Warrant, R-7, $32,479. 15; Cash Warrant,C-8, $32,479. 15. MOVED BY CLYMER, SECOND TRIMM, TO APPROVE THE VOUCHERS. CARRIED. CONSENT AGENDA The following items are adopted by one motion without discussion, unless requested. Motion follows the items included. Police Auction for Letter from Hugh R. Darby,Chief of Police, notice of Auction for Disposition of Disposition of Unclaimed Property to be held on Tuesday, September Unclaimed Property 25, 1979. Notice to be placed in the local .newspaper. For information only. Reappointment Letter from Mayor Delaurenti reappointing Mr. Felix Campanella to Board of the Board of Adjustment, position #1, term to expire Sept. 6, 1983. Adjustment Refer to Ways and Means Committee. • Ferguson LAW OFFFICES OF WM.H FERGUSON C.DAVID SHEOPARD HENRY C JAMESON ' Burden CHARLES S.BURDELL 11973, JAMESW. OMAS FERGUSON SCOTT B. SBORNE WM.WESSELHOEFT E.HURT DAVID N.L7`'..BARD DONALD Mg L.DAVIDSON WILLIAM D.STITES ANDREW L SYMONS 1700 PEOPLES NATIONAL BANK BUILDING EDWARD HILPERT,JR. BRUCE P.BABBITT . _ J.J.LEARY..,R. 5cc (� t THOMAS J.GREENAN E.P.SWAIN,JR. Cdllle,`Y\`��J7 dshInj1on 98171 , HENRY W.DEAN CHRISTOPHER KANE TELEPHONE(206)622-1 7 I I WILLIAM B.MOORE TELECOPIER(206)662-6078 • • August 23, 1979 • iMr. Lawrence J. Warren ;City Attorney P. O. Box 626 ; 100 South Second Street 'Renton, Washington . • 'Dear Mr. Warren: • During the regular meeting of the Renton City ;Council on August 13th, we offered to provide comments :concerning the form of the proposed ordinance relating . to the conversion of residential rental units to . ;condominiums or cooperatives. The purpose of this ; letter is to provide our comments, which follow: 1. Section 1 (13) , page 2, references the Housing 'Code as amended. This, of course, requires the developer to improve the project to Code requirements not in ;existence as of the date of construction, which in ;certain instances will be impossible, i.e. , double wall •construction. It appears to us that the equitable :approach is to require the developer to bring the ;project to the requirements of the Code in effect as . ;of the date of construction. Accordingly, we suggest. the following language: "The Renton Housing Code, as codified in Title IV, Chapter 9, Code of General Ordinances of the City of Renton, in effect as of the • date of construction of the building. " ' • 2. Section 3 (1) calls for the entry. of a date. We recommend that the effective date of this ordinance • :be inserted in each blank. . 3. The blanks set forth in the following sections should be completed as follows: Section 4 (2) -- 15 days Section 4 (3) -- 30 days , • • Section 4 (4) -- 30 days . Section 4 (5) -- first blank 10 days; second ' blank 30 days , . Page 2 Mr. Lawrence J. Warren August 23, 1979 Section 4 (6) -- first blank 15 days; second blank 15 days Section 4 (7) -- first blank 30 days; second blank 30 days Section 4 (8) -- 30 days Section 4 (9) -- 30 days Section 5 (1) -- first blank 15 days; second blank 15 days; third blank 30 days; fourth blank 10 days; fifth blank should be omitted requiring the developer to provide the information to each prospective purchaser before the signing of any earnest money without setting forth a certain number of days Section 5 (3) -- first blank should be eliminated requiring the developer to provide the information to the prospective purchaser prior to entering into the purchase commitment; second blank 15 days Section 5 (7) - 15 days 4. Section 4 (6) contains typographical errors in the first two lines to be corrected and should read as follows: "Should both the tenant and subtenant reject the • offer of sale or fail to notify the developer of acceptance of the offer within the time period set forth in Sections 4 (3) . . . " 5. Section 5 (3) contains a subparagraph 3 which requires that an itemization of the repairs and improvements be pro- vided to the prospective purchaser and be completed prior to the close of sale. This is unrealistic in that it could extend a :closing date should rain prevent the application of asphalt, for example. Accordinly, we recommend the following change: "3) An itemization of the repairs and improve- ments which the developer intends to complete before close of sale; provided, however, that the closing -date shall not be extended if the developer is prevented from completing the repairs and improvements by circumstances beyond his control; " 6. Section 5 (3) in subparagraph 5 requires estimates and other representations to prospective purchasers which Page 3 Mr. Lawrence J. Warren August 23, 1979 are not possible to provide and would only result in encouraging substantial litigation. The nature of the representation required pursuant to this paragraph renders a conversion of building economically unfeasible and, accordingly, we recommend that it be stricken. This completes our comments and recommendations to the City of Renton. We plan to be present at the hearing on August 27th before the City Council and: would be pleased-to provide you with our thought process con- cerning the foregoing recommendations, or answer any questions that the Council may propose. Thank you for your consideration of the foregoing. Yours very trul , `FERG 'SON & BUR► -'-n y W. Dea" HWD/srn cc: Councilman Perry Cei t41 sn i 74,0 C • • KEG A. • o OFFICE of the CITY CLERK " 2 200 Mill Avenue South r� a3 s ^.aY- G 114--c .343iJfAGEI: 0 — Renton,Washington 98O5S 4: ,o [� AUG E 79 ® 09 SE PI e�P �C y.- 9TE� EM C,� �,..s'4-_ .]. : '.•�a1J�:-�. .�,.._�`� ,� ...... �/ ticivotsiv p afE ;� 6 Iv )--xv Dixon ong 2800 11 12th St. Renton, , A 98055 rtSS,D ' P1A 1 ,cDo 4. ,\s0S1c5 dY11 • • . • . . . NOT, ICE . . . , • . . RENTON CITY' COUNCIL - 'CONTINUED . ON AUGUST 27, •1979 AT 8:00 P.M. • (CONTINUED FR01i AUGUST. 13, 1979).. RENTON MUNICIPAL BUILDING COUNCIL CHAMBERS 200: MILL AVENUE SOUTH . . For ING:TRLUQNVEKSIONe01-of• RE'IDENT ALiR TALrUNITS1 Oe CONDOMINIUMS,OR RELATING COOPERATIVES; PROVIDING AND GGULAT- PROTECTIONS FOR TENANTS AND PURCHASERS.IN CONVERTED BUILDINGS: ADOPTING MEASURES TO MITIGATE THE ADVERSE EFFECTS OF CONVERSION DISPLACEMENT; AND PROVIDING PENALTIES FOR VIOLATIONS: GENERAL LOCATION OF SUBJECT PROPERTY: • WITHIN CORPORATE LIMITS OF THE CITY OF RENTON • Date of Publication: 8/17/79 (Complete legal description &further informiztion available in the City Clerk's Office - 235-2500) CERTIFICATION STATE OF WASHINGTON) ss. COUNTY OF KING I _ Qs �i C L. PA i))' � he c j fy that r;y (2�1 copies of t e above notice were osted by me in 'th e Twenty or mot spicuous, places on the property described and two copies were posted at the Renton Municipal Building, 200 Mill Ave, South, Renton, WA on date ofAs/q_ 1' 19 7? • Signed ATTEST: I ` \\XWZ- -»I(I\ Notary Public jn-aj d for the State of Washington, residing i;n=' enton 6/76 � (Pi ...6,-, ,. , . ., r'-- -.''' --...,.".": ..1.;':- .,.-'..... 1--rs:".--.''....,-,'...4_'•I ...;.`.:.::}:1',.;,,.':-.',': '''',. '..'"'-.: '..1'.,:'.,•,-;!.• ,,.....:.:.....,--,.,:--,:''.'..;:i'-',0;:-;-:::I,,...'..,.:•.' - .''..,;,.:-.':::.,,,7,,,..-3"2.,:,.':,..,.;,,'. . . • . •:, . - '',... '_ ' ....,..... .„:. der - - r � A s N I M�:,. w, ...-...... •,.,.. -....3••,..-'•-'1,-1 :••' '.,‘ ,:,.)'....,.; 'tilt....40,46.0,.), • .., ,. , . „ . ‘ orr 1St ' '.:07:.'1•"' . .. , , , . . , ..;.; _ ., . „ ... ... , ,;,,, ...,:.:4,- -' ..,..,•a-,..-.-..r. ,,,,,"3.1,44.bitt-im'.'-e: iei' ' tp n._. 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'4,0. _ .70,J. 01.,...-:;:-.Z7evee...rxr.-,e4#•;.:, ,,v. e ,. . . . . . ., .„ .. „ • : , . . . • . . ,. ,.. . , 0 E 4,74.„,ri {)s-r /4el•Ov1.40fr*4.' -.t4vii Al E . , . . ', , . Z o � i' . rot 1/ %Va 1.r':, 090: fi, --:10 -23,,,ti,04,f#4 Is) E ..11, ' VOJemilltAdist7t ;•Pi. A f i-42r • i. - 7 �� ''ice• - .. „_ : � f,i i is • r , ' • i 'mil: _ .'i 7.. Y. ,-: .. _ , ,,. rt 8/20/79 PLANNING & DEVELOPMENT COMMiri'EE Attn: Mr. George Perry, Chairman Attached is proposed Condominimum Conversion Ordinance returned to this office with comments. Del Cul& 1/004113 CITY CLERK'S OFFICE /Q4 INTER-OFFICE MEMORANDUM TO: All Departments DATE : 8/7/79 FROM: Delores A. Mead, City Clerk SUBJECT : Condominium Conversion Ordinance Councilman Perry, Chairman of the Planning & Development Committee has requested copies of the attached Ordinance be distributed for review and comment. The Public Hearing is August 13, 1979. NOTICE RENTON CITY COUNCIL CONTINUED PUBLIC HEARING ON AUGUST 27, '1979 AT 8:00 P.M. (CONTINUED FROM AUGUST 13, 1979) RENTON MUNICIPAL BUILDING COUNCIL CHAMBERS 200 MILL AVENUE SOUTH '. Fir the per g o Co g d n a rpp g ORDINANCE, RELATING TO HOUSING ANU REGULAT- ING THE �CONVEF roT OF RES 1Jt1 TI/VL�RE`IQTALFUNIT°TOCONDOMINIUMS OR COOPERATIVES; PROVIDING PROTECTIONS FOR TENANTS AND PURCHASERS' IN CONVERTED BUILDINGS: ADOPTING MEASURES TO MITIGATE THE ADVERSE EFFECTS OF CONVERSION DISPLACEMENT; AND PROVIDING PENALTIES FOR VIOLATIONS, GENERAL LOCATION OF SUBJECT PROPERTY: WITHIN CORPORATE LIMITS OF THE CITY OF RENTON Date of Publication: 8/17/79 (Complete legal. description &further information available in the City Clerks Office - 235-2500) The removal, mutilation, dobtruction ' • or.concealment of this notiee is a mis- Warng hablebyfeand iMprisonment. • CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE, relating to housing and regulating the conversion of residential rental units to condominiums or coop- eratives; providing protections for tenants and purchasers in converted buildings; adopting measures to mitigate the adverse effects of conversion displacement; and providing penalties for violations. WHEREAS, the vacancy rate for rental units in the City is between one and two percent and has been steadily declining and projections indicate no increase in the rental vacancy rate in the foreseeable future; and WHEREAS, an increasing percentage of residential rental units are being converted into condominiums and this•conversion process is reducing the number of rental units in the city thereby worsening an already critical rental housing shortage; and WHEREAS, tenants displaced by condominium conversions, frequently on short notice, and sometimes immediately after commencement of the tenancy, have been unable to find comparable housing and are increasingly unable to find any decent, safe, and sanitary rental housing; and WHEREAS, conversions are imposing severe hardships upon all displaced tenants; and • WHEREAS,prospective purchasers of condominiums are often without knowledge e the unique concepts of ownership involved or of the obligations they incur in purchasing a condominium; and WHEREAS, in view of the increased danger of loss to the homeowner due to Ere as the result of the occupancy of the building by other owners; and WHEREAS,condominium sellers frequently do not provide prospective purchasers sufficient information about the nature of condominium ownership generally, or about specific building conditions and operation costs to enable purchasers to make informed decisions; Now, Therefor, TM: CITY COUNCIL OF THE CITY OF RENTON DO ORDAIN AS FOLLOWS: Section 1. Title: This ordinance may be cited as the "Condominium Conversion Ordinance". Sec 2. Definitions: The following words and phrases used in this Ordinance shall have the meanings set forth below: (1) Acceptance of Offer of Sale: A written commitment for the purchase of a condominium unit or interest in a cooperative at a specific price and on specific terms. (2) Agent: Any person, firm, partnership, association, joint venture, corpora- tion or any other entity or combination of entities who represents or acts for or on behalf of a developer in selling or offering to sell any condominium or cooperative unit or interest in a cooperative. (3) Building: Any existing structure containing one or more dwelling units and any grouping o such structures which were operated as rental units as converted buildings are the subject of a single declaration or simultaneous declarations filed pursuant to the Horizontal Property Regimes Act (RCW Chapter 64.32). (4) Condominium: Any existing structure containing three or more dwelling units as defined in the Housing Code: a) which is the subject of a declaration filed . pursuant to the Horizontal Property Regimes Act (RCW Chapter 64.32); or b) in which there is private ownership of individual units and common ownership of common areas. (5) Condominium Unit: Any dwelling unit in a condominium. (6) Cooperative: Any existing structure, including surrounding land and improvements, which contains one or more dwelling units and which: a) is owned by an association organized pursuant to the Cooperative Association Act (RCW Chapter 23.86); or b) is owned by an association with resident shareholder who are granted renewable leasehold interests in housing units In the building. (7) Cooperative Unit: Any dwelling unit in a cooperative. (8) Conversion of Condominiums: The filing of a declaration pursuant to the Horizontal Property Regimes Act or the sale by a developer of condominium units that were previously rental units. (9) Conversion of Cooperatives: The execution of a lease agreement by a member of a cooperative association. (10) Converted Building: Any condominium or cooperative which formerly contained rental dwelling units. (11) Developer: Any person, firm, partnership association, joint venture or corporation or any other entity or combination of entities or successors thereto who, a) undertakes to convert, sell,or offer for sale condominium units; or b) undertakes to convert rental units to cooperative units or sell cooperative shares in an existing building which contains housing units or lease units, to a cooperative association's shareholders. The term developer shall include the developer's agent and any other person acting on behalf of the developer. • (12) Eviction: Any effort by a developer to remove a tenant from the premises or terminate a tenancy by lawful or unlawful means. (13) Housing Code: The Renton Housing Code as codified in Title 4, Chapter 9, Code of General Ordinances of the City of Renton, as amended. (14) Offer of Sale to Tenant: A written offer to sell a condominium or cooprative unit to the tenant in possession of that unit at a specific price and on specific terms. (15) Offer for Sale to Public: Any advertisement, inducement, solicitation, or attempt by a developer to, encourage any person other than a tenant to purchase a condominium or cooperative unit. (16) Owner's Association: The association formed by owners of units in a condominium or cooperative for the purpose of managing the condominium or coop- erative. (17) Person: Any individual, corporation, partnership, association, trustee or other legal en ifity- -2- (18) Rental Unit: Any dwelling unit, other than a detached single family residential dwelling, which is occupied pursuant to a lawful rental agreement, oral or written, express or implied, which was not owned as a condominium unit or cooperative unit on the effective date of this Ordinance. A dwelling unit in a converted building for which there has been no acceptance of an offer of sale on the effective date of this Ordinance shall be considered a rental unit. (19) Subtenant: A person in possession of a rental unit through the tenant with the knowledge and consent, express or implied, of the owner. (20) Tenant: Any person who occupies or has a leasehold interest in a rental unit under a avi—irff rental agreement whether oral or written, express or implied. Section 3. Application of Ordinance: (1) Application to Conversion of Condominiums and Cooperatives: This Ordinance shall apply only to the conversion and sale of rental units that have not yet been converted to condominium or cooperative units, and to those units in converted buildings that are not subject to a binding purchase commitment or have not been sold on the effective date of this Ordinance. This Ordinance shall not apply to condominium or cooperative units that are vacant on , 1979 and which have been offered for sale prior to that date; Provided, That any tenant who takes possession of the unit after , 1979 shall be provided the disclosures required by Section 4 of this Ordinance and shall be entitled to the benefits of that section if the required disclosures are not given. (2) Application to Tenants: This Ordinance shall apply only to those tenants and subtenants who occupy rental units in converted buildings at the time the notices, offers, and disclosures provided by this Ordinance are required to be delivered. This ordinance shall not apply to tenants who take possession of a unit vacated by a tenant • who has received the notices and other benefits provided by this Ordinance; Provided, that developers shall disclose in writing to all tenants who take possession after service of the notice required by Section 4 of this Ordinance, that the unit has been sold or will be offered for sale as a condominium or cooperative. This disclosure shall be made prior to the execution of any written rental agreement or prior to the tenant's taking possession, whichever occurs earlier. A developer's failure to disclose, within the time specified above, that the unit has been sold or offered for sale shall entitle the tenant to all the protections and benefits of this Ordinance. Section 4. Tenant Protections: (1) Notice to Tenants of Filing of Conversion Declaration: Within seven (7) days of the filing of a condominium conversion declaration as provided by the Horizontal Property Regimes Act (RCW Chapter 64.32) the developer shall: (a) Send to each tenant in the converted building, by registered or .certified mail, return receipt requested, written notice of the filing. A tenant's refusal to accept delivery shall be deemed adequate service. (b) File notice of the filing of such declaration with the City Clerk, giving the date of filing, file or recording number, office where filed, location and address of the structure and number of dwelling units contained within the structure, and the name, address and phone numbers of the owner(s), managers and persons responsible for the management of the structure. (2) Notice to all Tenants Prior to Offering any Unit for Sale to the Public as a Condominium or Cooperative Unit: At least days prior to offering any rental unit or units for sale to the public as a condominium unit or cooperative unit, the _3_ •l •r developer shall deliver to each tenant in the building written notice of his intention to sell the unit or units. The notice shall specify the individual units to be sold and the sale price of each unit. This notice shall be in addition to and not in lieu of the notices required for eviction by RCW 59.12 and 59.18, and shall be delivered as provided in Section 4(1Xa) of this Ordinance. With the notice the developer shall also deliver to the tenant a statement, in a format to be provided by the Building Department, of the tenant's rights under this ordinance. (3) Purchase Rights of Tenant in Possession: With the notice provided in Section 4 above, the developer shall deliver to each tenant whose unit is to be offered for sale, a firm offer of sale of the unit that the tenant occupies. In the event that more than one tenant occupies a single unit, the developer shall deliver the offer to all tenants jointly or separately. For days from the date of delivery of the offer the tenant shall have the exclusive r g�Tit to purchase his or her unit on the terms offered. (4) Purchase Rights of Tenants Whose Units are Offered for Sale Prior to Effective Date of Ordinance: Tenants 'of rental units which were offered for sale as condominium or cooperative units prior to the effective date of this Ordinance but for which offers there have been no acceptances, shall be entitled to the rights and benefits of this Ordinance except that those rights provided by Section 4(6) of this Ordinance shall terminate days from the offer of sale of the unit to the tenant. (5) Subtenant's Purchase Rights: Should a tenant reject an offer of sale, the subtenant In possession at the time the notice provided in Section 4 is delivered, shall be offered the unit on the same terms as those offered the tenant. For days following that offer or until the expiration of the tenants' day option perToa as provided in Section 4, whichever occurs later, the subtenant shaWhave the exclusive right to purchase the unit on the terms offered to the tenant. (6) Rights of Tenants in Converted Buildingsto Purchase Other Units in. the Buildings: Should both the tenant and subtenant reect the offer or sale or fail to notify of acceptance of the offer within the time periods set forth in Sections 4(3) and 4(5) or vacate, the unit shall be made available for purchase to other tenants and subtenants in the building. The right to purchase another unit in the building by tenants and subtenants shall extend to the end of the day notice period provided the tenant in possession of that unit under Section 4MT Whenever all tenants and subtenants in a building have indicated in writing their intention not to purchase a unit or the day notice period has expired and that unit is or becomes vacant then the developer may offer for sale and sell the unit to the public. (7) No Subsequent Sale on Better Terms: For a period of days following the date of the offers provided in Sections 4(3), 4(5) and 4(6), no offer shall be extended by the developer on terms more favorable in any respect than the offer previously extended to the tenant and/or subtenant unless the more favorable offer is first extended to the tenant and/or subtenant as required by Sections 4(3), 4(5) and 4(6) for a period of not less than days. (8) Evictions Only for Good Cause During Notice Period: No condominium or cooperative unit shall be sold or offered for public sale if, in the day period immediately preceding the sale or offer for public'sale, any tenant harheen evicted without good cause. For the purposes of this Ordinance good cause shall mean: .,1) failure to pay rent after service of a three day notice to pay rent or vacate as provided in RCW 59.12.030(3); 2) failure to comply with a term or terms of the,tenancy after service of a ten day notice to comply or vacate as provided in RCW 59.12.030(4); and 3) the commission or permission of a waste or the maintenance of a nuisance on the premises and failure to vacate after service of a three day notice as provided in RCW 59.12.030(5). (9) Tenant's Right to Vacate: Tenants who receive day notices of sale may terminate their tenancies at any time during such period :Tithe manner provided by RCW 59.18.200 and RCW 59.18.220, but will forfeit all rights to purchase a unit. -4- • Section 5. Consumer Protections: (1) Mandatory Housing Code Inspection and Repair) Notice to Buyers and Tenants: Prior to delivery of the day notice described in paragraph 4(2) above, developers shall, at their expense, request an inspection of the entire building by the Building Department for compliance with the Housing and Fire Code. The inspection shall be completed within days of a developer's request unless the developer fails to provide or refuses access to Building and/or Fire Department personnel. The developer shall be required to install an approved fire alarm and smoke detector system in accordance with Title 7, and Title 4, Chapter 32, of the Code of General Ordinances of the City of Renton. The installation of the fire alarm system and all violations of the Housing Code revealed by the inspection must be completed and corrected at least days prior to the closing of the sale of the first unit or by the compliance date on the inspection report, whichever is sooner. A follow-up inspection for compliance shall be completed within days of a developer's request. A copy of the building inspection report and certiflation of repairs shall be provided by the developer to each prospective purchaser at least days before the signing of any earnest money agreement or other binding purchase commitment. Copies of the inspection report shall be delivered to tenants in the converted building by the developer with the notice of sale as provided in Section 4(2). An inspection fee of $100.00 for the first unit and $15.00 per unit thereafter shall be paid by the developer whenever an inspection is requested as required herein. (2) Certification of Repairs: For the protection of the general public, the Building Department shall inspect the repairs of defective conditions identified in the inspection report and certify that the violations have been corrected. The certification shall state that only those defects discovered by the Housing Code inspection and listed on the inspection report have been corrected and that the certification does not guarantee that all Housing Code violations have been corrected. Prior to the acceptance of any offer, the developer shall deliver a copy of the certificate to the purchaser. No developer, however, shall use the Building Officials certification in any advertising for the purpose of inducing a person to purchase a condominium or cooperative unit. (3) Disclosure Requirements: In addition to the disclosures required by previous sections of this Ordinance, the developer shall make available at a -place on the premises convenient to the tenants during normal working hours the following information to prospective purchasers at least days before any purchase commitment is signed, or, in the case of existing tenants, with the day notice provided in paragraph 4(2) above: 1) copies of all documents filed with—any governmental agency pursuant to the Horizontal Property Regimes Act(Chapter 64.32 RCW); 2) an itemization of the specific repairs and improvements made to the entire building during the six months immediately preceeding the offer for sale; 3) an itemization of the repairs and improvements to be completed before close of sale; 4) a•statement of the services and expenses which are being paid for by the developer but which will in the future be terminated, or transferred to the purchaser, or transferred to the owners' association; 5) an accurate estimate of the useful life of the building's major components and mechanical systems (foundation, exterior walls, exterior wall coverings other than paint or similar protective coating, exterior stairs, floors and floor supports, carpeting in common areas, roof cover, chimneys, plumbing system, heating system, water heating appliances, mechanical ventilation system, and elevator equipment) and an estimate of the cost of repairing any component whose useful life will terminate in less than five years from the date of this disclosure. For each system and component whose expected life cannot be accurately estimated, the developer shall provide a detailed description of its present condition and an explanation of why no estimate is possible. In addition, the developer shall provide an itemized statement in budget form of the monthly costs of owning the unit that the purchaser intends to buy. The itemization shall include but shall not be limited to: a) payments on purchase loan; b) taxes; c) insurance; d) utilities(which shall be listed individually); e) homeowner's assessments; f) the projected, monthly assessment needed for replacing building components and systems whose life expectancy is less than five years; and g) a statement of the budget assumptions concerning occupancy and inflation factors. -5- (4) Warranty of Repairs; Set Aside for Repairs: Each developer shall warrant for one year .from the date of completion all improvements and repairs disclosed , pursuant to Section 5(3) of this Ordinance. (5) Unlawful Representations: It shall be unlawful for any developer, agent, or person to make or cause to be made in any disclosure or other document required by this Ordinance, any statement or representation that is knowingly false or misleading. It shall also be unlawful for any developer, agent, or other person to make, or-cause to be made, to any prospective purchaser, including a tenant, any oral representation which differs from the statements made in the disclosures and other documents required to be provided tenants'and purchasers by this Ordinance. (6) Purchaser's Right to Rescind: Any purchaser who does not receive the notices, disclosures, and documents required by this Ordinance may, at any time prior to closing of the sale, rescind, in writing, any binding purchase agreement without any liability on the purchaser's part and the purchaser shall thereupon be entitled to the return of any deposits made on account of the agreement. (7) Delivery of Notice and Other Documents: Unless otherwise provided, all notices, contracts, disclosures, documents and other writings required by this Ordinance shall be delivered by registered or certified mail, return receipt requested. The refusal of registered or certified mail by the addressee shall be considered adequate delivery. All documents shall be delivered to tenants at the address specified on the lease or rental agreement between the tenant and the developer or landlord. If there is no written lease or rental agreement then documents shall be delivered to the tenants' address at the converted building. In any sublet unit all documents shall be delivered to the tenant at his current address, if known, and to the subtenant in possession. If the tenant's current address is unknown, then two copies of all documents shall be delivered to the subtenant, one addressed to the tenant and the other addressed to the subtenant. Delivery of the day notice of intention to sell required by Section 4(2) of the Ordinance, the developer's offer to sell, and all disclosure documents shall be delivered to the tenants in a converted building at a meeting between the developer and the tenants. The meeting shall be arranged by the developer at a time and place convenient to the tenants. At the meeting the developer shall discuss with the tenants the effect that the conversion will have upon the tenants. Should any tenant refuse to acknowledge acceptance of the notice, offer and disclosures the developer shall deliver the documents in the manner prescribed in this paragraph. (8) Acceptance of Offers: Acceptance by tenants or other beneficiaries of offers provided pursuant to this Ordinance, shall be in writing and delivered to the developer by registered or certified mail, return receipt requested, postmarked on or before the expiration date of the offer. Section 6. Administration - Penalties - Severability: (1) Administration: The Building Department is charged with the admin- istration and enforcement of this Ordinance and is authorized and directed to adopt, promulgate, amend and rescind administrative rules consistent with the provisions of this Ordinance and necessary to carry out the duties of the Building Official hereunder. (2) Complaints: Any person subjected to any unlawful practice as set forth in this Ordinance may file a complaint in writing with the Building Department. The Building Department is hereby authorized and directed to receive complaints and conduct such investigations as are deemed necessary. Whenever it is determined that there has been a violation of this Ordinance the Building Department is authorized, at its discretion, to follow one or more of the following procedures: (a) Attempt to conciliate the matter by conference or otherwise and secure a written conciliation agreement. (b) Refer the matter to the City Attorney for appropriate civil remedies or criminal prosecution. -6- (3) Hardship Relief - Waiver: The City Council is authorized to waive strict compliance with this Ordinance in specific individual instances where the developer can show with clear, cogent and convincing evidence that: 1) the financial burden required to comply would greatly outweigh the benefits and would create an unreasonable hardship upon the developer; or 2) the units have been offered for sale as condominium units prior to the effective date of this Ordinance and the developer has incurred significant financial obligations with the intention of meeting such obligations with the proceeds of the sale of such units, and the provisions of this Ordinance will prevent meeting such obligation. (4) Penalties: Any person who violates any provision of this Ordinance, fails to comply with—t a-provisions of this Ordinance or who deliberately attempts to avoid the application of this Ordinance may, upon conviction thereof, be punished by a fine not exceeding $500. Each day's violation shall constitute a separate offense. (5) Severability: If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent Jurisdiction, such portion shall be deemed a separate, distinct and an independent provision and such decision shall not affect the validity of the remaining portions thereof. (6) Effective Date: This Ordinance shall take effect and be in force five (5) days after the date of its publication in the manner provided by law. PASSED BY THE CITY COUNCIL this day of , 1979 Delores A. Mead, City Clerk APPROVED BY THE MAYOR this day of , 1979 Charles J. Delaurenti, Mayor Approved as to form: Lawrence J. Warren, City Attorney -7- CITY CLERK ' S OFFICE INTER-OFFICE MEMORANDUM TO: . , •Ir DATE : ' FROM: s US JE CT n. JTi.,onnrsic,a; • Pcic your request aic; council meeting of l'Aupst uc! noticc of nc Continued Pub Heariu .thc, fl Ordlnanco to all addrosses as ntsted on vnethcL st -- - - --- .--- imm.• —•,„,,, OF R c..3 1 fm 0,z OFFICE of the CITY CLERK 200 Mill Avenue South . S,N 7 c .1.1'c-4,,,. § 'CL 'il"'-- tU.S.PUSTAGEI: o ....- o .. Jienton,Washington 98055 1) ... e. billIG/6'79•? a. 17'eo serfs' /1-44s, riPi.ME-6 Y.1./388 915 1.--_________: L. R. -Lynch - Victoria Apts. 102527494,7s 140 Hardie Ave. SW a c, Renton, W a. 9 8 0 5 5 4 ot) ".e.j.,-; r k% ,A`-'‘a'ss • ADDRESSEE • 0.. _ 1KNOWN ;oz - t cr. iN V gn , k ei 64 qiiV 'hi :: 11C fURN TO SENDEfi --../.. - , ._ _._... .,..,_._......___, OF R4' .. o OFFICE of the CITY CLERK �� �� z 200 Mill Avenue South , `°-t 4 ®� � - = —� L "wD� - o .� _Renton,Washin ton 98055 Y ��' �':�.S.�OSiA�E 0 Q. -C t, MAMA 'f4 '��-i �i' : p,9gT fp SEPSE1,t,4. .3 ! #.3: 41.- 9• i° of ^- 9 i.< PU.388915 I Js ._ Mr,: & r H' r ld E. Hoffman • ip Rose Ga -c enF pgs. F• j°<i �`�. �v,� 802 Harr' ton Ave. NE `lam Renton, 98055 41\ �; r(c.,j/ ,-,1c5 i r u�� d :r3. OF I : 455, O OFFICE of the CITY CLERK 7 ®®Z � ---- • 200 Mill Avenue South . ��7 c, ` - � • e- o Renton,Washington 98055 1. eAUG 16'79 r✓::� `pL�,,� 0,99Tep tEMO�Q' g o�lf.... ,- SEP 1.` i//4 ,v ME'E: P6.sae9i i • ti& . 1303.2. 80th -Ave. - S. �5 21 '1*' l ;/cam ;�P� �� : 7 l . S"5/78' r P,UG1979 , r 1 CEWE ` • CITY of RE�3T01� CLERK'S OFFICE-, `�� CEER • }fVlBER 0wd 1y V -OF REDI. 3. •► o OFFICE of the CITY CLERKaziR -_d. 200 Mill Avenue South EN 7c, mew' �,,= � o Renton.Washington 98055 d.k,u.,,. .), :_ 9,o Qom. •AUG 16'79 'p:i 1 ;.0 O,9grf0 SEPZEMO� P. f qQi.` 15 : ', 4S METE= 1 ,. t ' P.B.388915 ; ��.-- , , Keith Noess ,'1\f' 14,;"' 21210 .4th -P1. S 2021 � Rom, Wa. 98055 \\� �',c `AUG1979 d'� �� C1LTYERolcf'SRQEFTICQgN �J� / RECEIVED C � .553 C 1 SUCH � __ _ TIBER 1 wd -; Fe, 1fiN TO " i;!:ill OF R4,47 0 c-) 4$ ® z �OOICE 9f the CITY MiII Avenue SouthCLERK ���M,��P rSTAGE 4 A;�+U. o,� — 6 Renton,Washington 98055 iAUG16'74 :;.'0 '4 -,_ 049T0 SEPZ°0<Q Ass 5 : I e {� METE- C .38a915 ' 1, it Dixon 4 ong ���..ems.-- 4r 2800- NE\12th St. f � 81 92t?2j( / Renton, Ala. 98055 `h�� ?05c_, q G 140010111, ,9 " \O.' . 1:' 51F ‘.e.,///, . 4, ri/ cc-Q IT C t.i,, J . - . OF R4,+ A A . ° OFFICE ef the CITY CLERK c3 a 4 ,' .Z. 200 Mill Avenue South • .,1\l'i(.., •-•1'4,,,c---c.. .. _• -.• — i 0 , 0 Renton,Wizshington 98055 [ ..,._ . •k, .AUG16'79 47- .... l• ;,41'ED sEP-c ° P.0.1Se'9Ei; i • - _Earl :Man ... .. __ __ V-:' i `1(1' n.1.033.4- Rainier Ave. S. Renton, Wa. 98055 .,,r.3.vs.2-6--2,,2,, • , fi. 3 3/i --9e1,-/t A, .5..,,, , ',A,\ 4 <--,,,-- /s:,,, AUG1979 •i: cr) r...-) , ,, RECEIVED r•-.3. r‘...) co ...c:,.; CITY of RENT0N ,c:c•Nsi., • ---..-:::•.----,... f •-- '61 • CP (2 ':-: , -NUMBER ••:- . (,,,,, (-N. V L : ., . ,P g t .-2'\e • ,.:1:TURN TO:SENDER . . . • v>.0d til IV.c. ,.,. . ,.. . ;,, .. • •.LL o OFFICE ofthe CITY CLERK n-- �Y ; `�-= = 200 Mill Avenue South Vim` `* -- o -R Renton,Washin ton mac (61A. t � e�_ o;�,�.a.POS:_�G� 94 g 98055 AUG1679 g ��o y �j �^ O94,. SEPZE�0�5' 0 T.. 3r,N 10 Yv pp e�i ..E�". ai 1 �'�"�,'(� `��4�.d�1 �� Mi i d —A S PU.388915 �7�±�� fd2me3b4Y'uax��asm.�nrn ��,�� � 3J tStU`t • J 9 '�324� 26t��e� Willa• Jane R,o'ckhill • � ''- Vuemont / - � ���� 4�) OJ 351 Vuemo It P1. -NE . ?\' el a -\ A,J Off` :' Renton, /Wfa. 98055 CI; s % `�o���o� G .41, yY 0✓6 „_. . • , • _r A. KM al .. o OFFICE of Me CITY CLERK ealakktitzta - `) ��/ Z N l hoc L �� �_1� 200 Mill Avenue South L o4.4 "ti i _ o9q �, Renton,Washington `98055 � w G16'79 �® `� .;` �Q 9 P �, off: 0,9gTF0 SEPS.E�'� - �. `m^'.` ' fl C' os• pp �1s'i•: 5 -. r..U.388915 J • �+ ,� Ann Kin_ V \GAV '-\222- 2J�6c, Highl der Apt #101 J V �'Id �� CP,-" 333 emont Pl. NE `)\ Q. � \o `o Re on, Wa. 98055 came c)c,,,\ 0 z z 3 — 3 z- Errs \y°` S'6 1r� I A 'l11Ot6g1�' A. .C�� s (W.Q t ? v ,� o OFFICE of the CITY CLERK . 200 Mill Avenue South V C j� = ;� • 1 „LL • REASON CHECKED •�F•N r�i� ^w - �. �; o - Renton,Washington 98O5S Unclaimed )E!_ Refused ���o.a.ACS Qo �P� Addressee unknown AUG16'79 0�=:� AoA,' 1= • �• J: a`�i ?�. 99TF0 SEPSEM® Insufficient Address i ;s No such street nu/ mbar— qS nnpp "E i r� ru 388915 i I-. No such office in state x �G � • Do not remaif in this envelope `� Yb Y %10 �l�h ;', A (cr,..; \ ��� O/Loren E. 'Ma a ; A�G1979 25947. 13th 1: S.. co �Erld EWE. , Wa 98055 C1"6Y of silo" w 0� RK S 2� . 6' Ot_E r / O" G��/� G , ea -i icy /vo T/C f `3�` p vo G'os e 9 /dd- /�!!�i"lE'�Y ! ,), 4 •-,. Charles & Mary Moore Eric Walker / B & T C/onstt/ruction ���� '115 Burnett Ave. S 422 Mill Ave. S P.O. Box 143 Renton, WA 98055 A Renton, WA 98055 Renton, WA 98055 '�' '�'3� Norman Schultz c/�' 534 Williams Ave. S Loretta M. Eid t/ `""�G Mr. & Mrs. Clyde Raub Renton,Wa 98055 346 Garden Ave. N 447 Park N Renton, WA 98055 Renton, WA 98055 Hayden Will i ams 4,,.,, �,1-s P.O. Box. 13 4 v9 Thomas A. Koch �,„ 5 William Woods Renton, WA 98055 17218 Renton, SE 98055o��c�'�1� Riverside H.O. Fitzpatrick Renton, WA 98055:"z26-_--s9 3112 NE 14th Frank M. Hull /-'3 Renton, WA 98055 15480 SE Fairwood Blvd. Edward 0. Baicy BA'`'/ 5 Renton, WA 98055 2z6—�7" 20857 108th Ave. SE Eugene M. R'i chards ,rt �''h , Kent, WA 98031 85.V Yg,ez- 7817 Sunnycr;est Rd.°1`/''' Audrey Biggins Seattle, WA 98178 P.O. Box 2581 Karen Reiman Renton, WA 98055 Jet Vista Apts. Marion L. Busch �Sfryiae't 201 Taylor Ave. NW 312 Busch Place S Marguerite Kirkman „ Renton, WA 98055 z yr- y�� Renton, WA 98055 ev,�uo+4"` 431 Wells Ave. S �'`�y° 4 . Renton, WA 98055 Leonard E. Everett Loren E. Maybay Taylor West Apts. 25947 13th P1 . S Gary E. Dime u i,,,Aide-��� 401 Tayor Ave. NW l°� -Rern, WA 98055 927 N 1st > N Renton, WA 98055 'r`''� 3i " Renton, WA 98055 ,26 • ? Earl Mann Ad"`6°' , ie Lei 10334 Rainier Ave. S A.L. Woods A/" n°" Hub ', er Park Seattle, WA 98178 13032 80th Ave. S37 64 h s Ric on, WA LZ6- -nton, WA •=055 Dixon Long .. -- 131 Garden Ave. N Ervin Hunt cGS,..Jia Rose Marie Parker Renton, WA 98055 '621 Shattuck S 1311 Jefferson Ave. NE Renton, WA 980552.-ec.-3'6/ Renton, WA 98055 Sam S. Saday 4458 S 175th Keith Noess n,/a,4 Wi l geo Co. Seattle, WA 98188 21210 4th P1 . S attn: William Fraser Renton, WA 98055Q2 6rz Garden Ave. Apts. Vukov Clinic 129 Garden Ave N 1011 S Second Street Faye Stromberg L-,("""'' Renton, WA 98055 Renton, WA 98055 1833 Camas Ave. NE Renton, WA 98055 zz�"yz�8 Mrs. Art Swpansick ,t James E. Guy s,', _e) -si.' Marie Paul Courts r,_ey� < V.t ! 8226 S 114th Joan A. Fanning -1e,,V 247 Garden Ave ; -6.:-76 Seattle, WA, 98178 2021 Jones NE '�'� ;REnton, WA 98055 ' Renton, WA 98055 z-- BOZO Mehmet Uysal Mr. & Mrs. Harold E. Hoffman 527 Williams N Erwin J Fey ?�uy Rose Garden Apts. Renton, WA 98055 8800 S 116th P1 . 802 Harrington Ave. NE Seattle, WA 98178 ?zz-02e Renton, WA 98055 = z6-7°3? Ty Galvin 812 S 4th John & Dawn Lashley. L.R. Lynch Renton, WA 98055 8655 138th SE lee Sep'`'� Victoria Apts. Renton, WA 98055 . i-°'8z 140 Hardie Ave.. SW Renton, WA _ 98055 "'7-/1Ky • aK ,' /' //G} In /'L �l�-/ ///d ia� / Normar James R. VanOsdell Ronald R. 'Pow Norman Schultz 540 Williams Ave. N. Sunset View- Honeydew Apartment " Renton, Wa. 98055 �;G"`/8ot 3039 'NE 10th ST 1150 Union Ave. NE Renton, Wa. 98055 /4 Renton, Wa. 98055 ;,ie-&-1" Bill Schwartenberger - Harvey Steele 011lymce Apts . Magnuson Court Apts " Mrs. Agnes Shane "- ; 609 Shattack Ave. S . 211 Shattuck: Ave. S . Riviera, Apts Ofc'. Renton, Wa. 98055 z '/y'o/ Renton, Wa. 98055L$r°7gG 2201 Maple Valley Hwy Renton; Wa. 98055 zy6_t• _Chester Ann King Apt'.. #1,01 Fred M. Scott • ester Biggins- Highlander - , Royal Hills Apt: Chet 3',ig4ins Apt-S-'. 3-3 V-ue"mo"n-t—P-1:--NE" 3000 SE Royal Hills Dr. .2.611 NE sunset---Blvd Renton, Wa. 98055 Renton, Wa. 98055 Yy� 8 Renton, Wa. 98G55 z3's"'6z ' ,7 yz , - 3z'/Auc, gQ -de-A. x�Pj,3� vSFC-2 vete, Gail Chambers Mr. & Mrs. Ober Christenson Ken Lapp Sunset East Apts. ' Thunderhill Apts. Herritage House" 4400 NE Sunset Blvd. 1099 Ethier Rd. 203 Meadow Ave. N. 93y� ��� z$Z7 Renton, Wa. 9805527 Renton, Wa. 98055 Renton, Wa. 98055 Eva F. Moreland Alma Akins Apt #105 Long Chalet Apts. . Sky Lanai- 2800 N t. 606 Mill Ave . S . 360 Taylor Ave. NW on, Wa. 98 Renton, Wa. 98055 ���'�� REnton, Wa. 98055zs-3'-vz�' Rose Marie Parker Marjorie C. Schlichter Arlene Scalf 1311:-.Jef,ferson Ave. NE . Cypress Pines Apt. . Misty Cove Apartments- Renton, Wa. 98055 1033 Sunset Blvd. NE 5021 Ripley Lane N. t7s7 Renton, Wa. 98055 "6-6. Renton, Wa. 98055 �z6 Marion L. Busch Byronnel Elinor N. Chum 3323 NE .12th St. Eugene A. Thrasher ' Golden Pines Apts. Renton, Wa. 98055 . Cortina Apts. 2901 NE 10th ST s-o5 �o 980 Edmonds Ave. NE Renton Wa. 98055ZS Renton, Wa. 9805540 ' lliam H. Fr r Gar pt. 129 den . N. Kathleen Vail nton, Wa. 9 5 S . R. Hargraves Riverview Apts . Renton Hills Apts 107 Main Ave. S . 1140 Edmonds NE s,�pif Renton, Wa. 98055 ?-' 3`"` Norman Schultz Renton, Wa. 98055z:4 541 Pelly Ave. N Renton, Wa. 98055 James L. Robison Willa Jane Rockhill Crestview Apts Vuemont " 295 Lind Ave. SW L. Woods :, Renton, Wa. 9 8 0 5 5 224-5 o Al- ..,, 351 Vuemont Pl. NE Renton, Wa. 98055 z=`" 3"'' 359 acto ,4 „tve. N. -nton, Wa. 9.,ie„ Delta Financial Services • Ingrid T. Sinclair Honeydew Too Apts. Bronson Way Apts. 4311 NE Sunset Boulevard 270 Bronson Way N. Renton, Wa. 98055 zzt�' aaoo Renton, ;;Wa. 98055'-it z' AnaLe Clark Catherine Botch , The Benson' Bennett A t - Janice Knapton P Valle Vista Apts. 1425 S . Puget Dr.Po' 303 Park Ave. N. �,, 962 Sunset NE Renton, Wa. 98055 zs<�JYS Renton, 4Jia. 98055 T'�� ` 2.61-/ ,Renton, Wa. 98055z�e-"j4'7 Betty E. Mirguet Thomas A . Kerr Parkside Apts Tolo Ap .0:ments-- 900 N. 6th 9101-59 Steilacoom Rd. SE u Renton, Wa. 98055f- o67 Olympia, Oa. 989-5-5- ' &`"' , •4-A ' mrrrortivrirrug oirrr• •--: 2-7 ' '/ /1'77/fig - -- -------------- ---- - -- - ------ '7 '3•G(42e' '-',0 ;7)--f\ Le 7,x) c'4° /2),2-7)77 ,_ r / � � ^- ' '~��- `' '�_-_' ~' / - -' - /^' ',�` ' /,� � // - . //� / - - ' ' �m� ' =�~~�`�_ ' - - - ��~� � / / -- - ���- ` �r ' -- - `_ �___ � ~/_ .''._ - - - ---- -- -- ------ ---- - ---'-7-� -- -^�2�--, -��-^� .� - - � . ' �, - - ' � ^� ~/ � - - '- -_ -_ - - -/_ - ��~ ^_-_ - �� ^ _-~ _ - _ �~ . �� � �� Apartment Operators & Owners _ of Seattle & King County 616 4th W Seattle, WA ; 98119 • John Goff ! 4300 NE Sunset Blvd. Springtree Apt. Renton, WA '98055 =M#ke Poynter- - 16803- SE-254th•.. Kent, WA 98031 Caren Wharton 24532-35th Ave. S Kent, WA 98031 Dennis Whalen 4308 NE Sunset Renton, WA '98055 ' Bob Kresge , 4300 NE Sunset Blvd. ri Renton, WA 98055 Edwin C. Johnson , 4300 NE Sunset Blvd. Renton, WA ',98055 1 = Lyle Wallace 4300 NE Sunset Blvd. Renton, WA ;98055 Barry McClenton 4308 NE Sunset Blvd. Renton, WA 198055 Denise Heath i Q 4300 NE Sunset Blvd. LRenton, WA !98055 NOTICE RENTON CITY COUNCIL CONTINUED ON AUGUST 27, 1979 AT 8:00 P. M. (CONTINUED FROM AUGUST 13, 1979) RENTON MUNICIPAL BUILDING COUNCIL CHAMBERS 200 MILL AVENUE SOUTH f?GrTHE vorameoP REsincIAL iRE TALPUNIfiS°SO CONDOMINIUMS'ORECOOPERATIVEOUSIPROVIDINGGULAT- PROTECTIONS FOR TENANTS AND PURCHASERS IN CONVERTED BUILDINGS:. ADOPTING MEASURES TO MITIGATE THE ADVERSE EFFECTS OF CONVERSION DISPLACEMENT; AND PROVIDING PENALTIES FOR VIOLATIONS, GENERAL LOCATION OF SUBJECT PROPERTY: WITHIN CORPORATE LIMITS OF THE CITY OF RENTON Date of Publication: 8/17/79 (Complete legal description &further information available in the City Clerk's Office - 235-2500. The removal, mutilation, destruction a r n ' n , or concealment of this notice is a mis- demeanor punishable by fine and imprisonment. NOTICE • : RENTON CITY COUNCIL CONTINUED " PUBLIC HEARING ON AUGUST 27, 1979 AT 8:00 P M (CONTINUED FROM AUGUST 13, 1979) 7... RENTON MUNICIPAL BUILDING COUNCIL CHAMBERS H . 200 MILL AVENUE SOUTH Fir TV%iiitffinoleOFIRESigifiRriNTRLRJrNIPS6?MON(filartg,OrrIElgAIGIATTfiivEU;SIN471.illiltrULAT- PROTECTIONS FOR.TENANTS AND PURCHASERS,IN CONVERTED BUILDINGS:. ADOPTING MEASURES TO MITIGATE THE ADVERSE EFFECTS OF CONVERSIONDISPACEMENT; ANDPROVIDING PENALTIES FOR VIOLATIONS. GENERAL LOCATION OF SUBJECT PROPERTY: WITHIN CORPORATE LIMITS OF THE CITY OF RENTON • Date of PiblicatiOn: 8/17/79 (Complete legal description &further information available in the City Clerk's Office - 235-2500) The remelted, mutilation, dolltructien givma'm or concealtnent of this nOtice is a mis- • • demeanor pOnishable by fine and warnin imprisonnient. , • • , = " " " U I It \ RENTON CITY COUNCIL Regular Meeting August 13, 1979 Municipal Building Monday, 8: 00 P . M. Council Chambers MINUTES CALL TO ORDER Mayor Charles Delaurenti led the Pledge of Allegiance to the flag and called the Renton City Council meeting to order. ROLL CALL OF BARBARA Y. SHINPOCH, Council President; RICHARD M. STREDICKE, COUNCIL GEORGE J. PERRY, EARL CLYMER, THOMAS W. TRIMM. MOVED BY SHINPOCH, SECOND TRIMM, EXCUSE ABSENT COUNCILWOMAN PROCTOR. CARRIED. CHARLES SHANE arrived at 8:20 p.m. CITY OFFICIALS C.J. DELAURENTI, Mayor; GWEN MARSHALL, Finance Director; LAWRENCE PRESENT WARREN, City Attorney; DEL MEAD, City Clerk; GORDON Y. ERICKSEN, Planning Director; JOHN WEBLEY, Parks and Recreation Director; SHARON GREEN, Personnel Director; RICHARD HOUGHTON, Public Works Rep.; JAMES MATTHEWS, Fire Dept. Rep. ; CAPT. WM. BOURASA, Police Department Rep. PRESS GREG ANDERSON, Renton Daily Record Chronicle MINUTE APPROVAL MOVED BY SHINPOCH, SECOND TRIMM, APPROVE COUNCIL MINUTES OF AUGUST 3, 1979 AS WRITTEN. CARRIED. PUBLIC HEARING This being the date set and proper notices having been posted, Proposed) published and mailed according to law, Mayor Delaurenti opened Condominium the public hearing to consider proposed ordinance regulating Conversion conversion of residential rental units to condominiums and Ordinance providing protection for tenants and purchasers. Planning and Development Committee Chairman Perry explained the proposed ordinance. Moved by Clymer, Second Perry, to close the public hearing. Henry Dean, Attorney, 1700 Peoples Natl . Bank Bldg. , Seattle, requested more time to review the entire ordinance. Continued Public Following discussion, SUBSTITUTE MOTION BY PERRY, SECOND SHINPOCH, Hearing = Aug.27th TO CONTINUE THE PUBLIC HEARING FOR TWO WEEKS, TO AUGUST 27th. CARRIED. (Ord. to be mailed to REMI, rental landlords and tenants. ) AUDIENCE'' COMMENT Sandy Webb, 264 Chelan Ave. SE, urged the City to enforce the Signs sign code concerning political signs. City Water Ernest Lobe, 2709 Talbot Rd. , requested City check on use of City water by building contractors at no charge. Mayor noted address would be given to engineering and investigated. Recess MOVED BY SHANE, SECOND SHINPOCH, COUNCIL RECESS. CARRIED. Council recessed at 8:40 p.m. and reconvened at 9:00 p.m. Roll Call - All council members present. Executive MOVED BY SHINPOCH, SECOND STREDICKE, COUNCIL HOLD EXECUTIVE Session r SESSION TO DISCUSS LABOR NEGOTIATIONS. CARRIED. 9:00 p.m. and reconvened at 10:12 p.m. Roll Call - All council members present. OLD BUSINESS Planning) & Planning and Development Committee Chairman Perry presented report Development noting its review of the Floyd Bailey letter, referred 5/14/79, and Committee its referral to the Planning Director for response due to its Floyd Bailey Letter comprehensive nature. For information only. Interpace Corp. - Planning and Development Committee report recommended that the Appeal/Renton appeal of Interpace Corporation; re Renton Hill Rezone (R-219-78) , Hill Rezone be denied and that the Hearing Examiner's recommendation of approval R-219-78' with conditions. MOVED BY PERRY, SECOND CLYMER, TO CONCUR IN THE COMMITTEE RECOMMENDATION AND REFER TO THE WAYS AND MEANS COMMITTEE. CARRIED. Renton City Council 8/13/79 Page 2 Ordinances &Resolutions ORDINANCES AND RESOLUTIONS Ways and Means The Ways and Means Committee recommended the following Ordinances Committee Report for first reading: Appropriating Ordinance was read appropriating funds to provide for the payment Funds-Relocating of relocating a light standard in the amount of $1,614.00. Light Standard MOVED BY CLYMER, SECOND PERRY, TO REFER BACK TO THE WAYS AND MEANS COMMITTEE. CARRIED. Cabaret Ordinance was read amending City Code relating to routine inspection Ordinance of cabarets and investigation of complaints. MOVED BY CLYMER, SECOND SHANE TO REFER BACK TO THE WAYS AND MEANS COMMITTEE. CARRIED. Alley Vacation- Ordinance was read vacating a portion of alley between SW 12th Between SW 12th & St.and SW 13th St. as petitioned by Mr. Pierotti . VAC-14-79. 13th Sts. MOVED BY CLYMER, SECOND SHANE TO REFER BACK TO THE WAYS AND MEANS VAC-14-79 COMMITTEE. CARRIED. The Ways and Means Committee recommended the following Ordinances for second and final readings: ORDINANCE #3344 Ordinance was read changing the zoning classification of First City certain properties within the City from general classification Equities Rezone district (G) to manufacturing park district (M-P) , First City R-328-79 Equities, R-328-79. Property located, west of Powell Ave.. SW and_ west/north of SW 7th Ave. between Grady Way on the south and the Milwaukee Railroad on the north and proposed P-1 channel (includes Earlington Golf Course area) . MOVED BY CLYMER, SECOND SHANE TO ADOPT THE ORDINANCE AS READ.ROLL CALL: ALL AYES. CARRIED. ORDINANCE #3345 Ordinance was read approving and confirming the assessments and Approving and assessment roll of LID 309 for the improvement of a certain area Confirming Final in the vicinity of Monterey Terrace, by doing all work necessary in Roll - LID 309 connection therewith, levying and assessing the amounts therefor Monterey Terrace- against the several lots, tracts, parcels of land and other property Underground Power as shown on the assessment roll as confirmed by the City Council ; and Other Utility and providing for payment of such assessments into the Local Lines Improvement Fund, District No. 309 as created by Ordinance #3221. MOVED BY CLYMER, SECOND SHANE TO ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. The Ways and Means Committee recommended the following Resolutions for adoption: RESOLUTION #2288 Resolution was read approving Koll Business Center Final Plat. Koll Business • FP-362-79. Property located Block 3, Burlington Northern Orillia Center - Final Industrial Park of Renton Div. 1. MOVED BY CLYMER, SECOND SHANE, Plat FP-362-79 TO ADOPT THE RESOLUTION AS READ. CARRIED. RESOLUTION #2289 Resolution was read requesting the Washington State Department Regional Traffic of Transportation to, conduct a regional traffic study. MOVED Study BY CLYMER, SECOND SHANE, TO ADOPT THE RESOLUTION AS READ. CARRIED. Councilman Stredicke voted no. Voucher Approval Ways and Means Committee report recommended approval of Vouchers No. 24273 through No. 24497 in the amount of $528,835.11. (Voids #24268 - 24272) L.I .D. #302 Revenue Warrant, R-41, $257,545.65;, Cash Warrant, C-98, $244,895.03; Cash Warrant, C-99, $12,650.62. LID #307, Revenue Warrant, R-6, $1,557.90; Cash Warrant, C-7. $1,557.90. MOVED BY CLYMER, SECOND SHANE TO APPROVE THE VOUCHERS. CARRIED. OF R�� U t$ '0 OFFICE OF THE' CITY ATTORNEY s'RENTON,WASHINGTON POST OFFICE BOX 626 100 2nd AVENUE BUILDING • RENTON,WASHINGTON 98055 255-8678 a O - m LAWRENCE J.WARREN, CITY ATTORNEY DANIEL KELLOG ASSISTANTOLTY�ATTORNEY CO' \ ®� e l 0°�fi 9,0 g .C� �tM 0i',4 SEP ,f, July 11., 19 7 9 ���'� i�. Fp ZE tit." ., y TO : Del Mead,' City Clerk � � '- � 1 1 LA ,d / J ,d • 9• ,..,�,„ FROM: . Lawrence J. Warren, City Attorney ()/dAA s kJ' .r°� Re : Condominium Ordinance '� .,,�''r OW' Dear Del: ;1;� Enclosed please find enclosed the origin4 of a proposed Ordinance relating to housing and regul tng the conversion of residential rental units to condominus or cooperatives . � a . / d 9 L wrence Warren LJW:nd Encl. , , cc: Ways and Means Committee F. Planning and Development Committee Mayor Council President Gordon Ericksen �. + I Chief Giessler I Warren Gonnason Ron Nelson f TO: , DATE: FROM: CITY CLERK'S OFFICE SUBJECT: fopootAi!1 ow'w,r , Please furnish tne following to the City Clerk's Office: Certification of Posting Legal Description Certification of Valid Petition Map Deed Pro Rata Share of Costs Easement Restrictive Covenants THANK YOU! Requested by: �© NI.)0 C n n-��r 5 I o n , i Affidavit of Publication STATE OF WASHINGTON COUNTY OF KING ss. T�ieresa...3koi�zrl being first duly sworn on oath,deposes and says that he...is the n.eZ.i:...tat r k: of THE RENTON RECORD-CHRONICLE, a newspaper published four(4) _ ' times a week.That said newspaper is a legal newspaper and it is now and has been for more than six months prior to the date of publication referred to, printed and published in the English language continually as a news- _ paper published four(4)times a week in Kent,King County,Washington, r , °,1" - and it is now and during all of said time was printed in an office maintained REND p®N CITY at the aforesaid place of publication of said newspaper.That the Renton COUNCIL,'fPUBLIC ti':.) Record-Chronicle has been approved as a legal newspaper by order of the HEARING ON'AUGUST,'. Superior Court of the County in which it is published,to-wit,King County, 13, 1979AT;`t%, 8:00 P.M. RENTON MUNICIPAL'BUIIJING Washington.That the annexed isa...E].1b.1,1C••.Hea ang COUNCIL CHAMBERS .. 200 MILD"' Y AVENUE•SOUTH-��-= For the purpose of,conside' ering a proposed ordina""nc`e :' as it was published in regular issues(and relating to housing and re-; not in supplement form of said newspaper) once each issue for a period gulating the conversion of;;, residential rental,,units{to condominiums:or-coo,°.a-° fives; proyidingv}p•rotecttons'w of consecutive issues,commencing on the for tenants and purchasers°' in converted`#tiuiliii�g " adopting measure§ to miti '; • ..2.7 ....day of.... ,19.... . . .,and ending the gate the adverse ®ffe its off` ' ...duly co conversion ,dis I,acement;: and providing`,penalties: '`• violations. �`:, dayof - ,19 both dates GENERAL LO;G_A1ION.i inclusive, and that such newspaper was regularly distributed to its sub- scribers during all of said period. That the full amount of the fee 1 Within corporate Iimits_of. the City of.Renton� _ ? Published;in the Daily Re charged for the foregoing publication is.the sum of $..1.�-!•.•.9.1 which { cord Ch, oracle - has been paid in full at the rate of per folio of one hundred words for the 1979:.;R5�698 os . e first insertion and per folio of one hundred words for each subsequent L_ .i : _,- , :i<: insertion. . ..... 40_1:, Okiea. ' -1e.r�,c Subscribed and sworn to before me this 3.0 • day of July , 19..79. . . ... . . . . .. I Notary Pub is i and for the tate of Washingto , , residing at Kent,King Cou y. I _ —Passed by the Legislature,1955,known as Senate Bill 281,effective June 9th, 1955. —Western-Union-Telegraph Co. rules-for-counting words and figures, adopted by the newspapers of the State. V.P.C.Form No.87 / eent44 l_pioz„, nton City Council '23/79 Page 3 ecess' MOVED BY PERRY, SECOND SHANE, COUNCIL RECESS. CARRIED. ' 10:38 p.m. Mayor Delaurenti explained an early morning appoint- ment, turned the meeting over to Council President Shinpoch and Mayor Pro tem left the Chambers. The Council meeting reconvened at 10:47 p.m. Shinpoch Roll : Council Members present as previously shown except Council- man,Shane returned to the Chambers at 10:55 p.m. - ORDINANCES AND RESOLUTIONS Ordinance Ways and Means Committee Member Perry requested public hearing Regulating regarding conversion of apartment houses to condominiums. MOVED Condo Conversions PERRYi SECOND TRIMM, SET HEARING AUGUST 13, 1979. CARRIED. Ways and Means Ways and. Means Committee report recommended second and final Committee Report readings for the following ordinances which had been on first reading July 9, 1979: Ordinance #3337 An ordinance was read rezoning. property from R-2 to R-3 located Brown Rezone at the SE corner of NE llth P1 . and Kirkland NE, known as the Brown Rezone R-336-79. MOVED BY TRIMM, SECOND PROCTOR, ADOPT THE ORDINANCE AS READ. ROLL CALL: 6-AYES: SHINPOCH, SHANE, TRIMM, CLYMER, PERRY, PROCTOR, STREDICKE. CARRIED. Ordinance #3338 An ordinance was read rezoning property from G to L-1 located Pre-Cut' at the southwest corner of SW 13th St. and Seneca SE, known International as the Pre-cut International of Washington. MOVED BY PERRY, SECOND SHANE, ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. Ordinances The Ways and Means Committee recommended the following ordinances First Reading for first reading: Ordinance #3339 An ordinance was read confirming assessments for LID 284, sewers LID 284! Final in area of Jones Ave. NE between NE 40th and NE 44th with 7 3/4 Jones Ave. NE per cent per annum interest. Robert A. and Clarissa M. Fawcett Sewers ; protested. MOVED BY PERRY, SECOND SHANE, SUSPEND RULES AND ADVANCE TO SECOND AND FINAL READINGS. CARRIED. Following read- ; ing, MOVED BY PERRY, SECOND TRIMM, ADOPT AS READ. ROLL CALL: ALL AYES. CARRIED. Ordinance #3340 An ordinance was read appropriating funds in amount of $4,500 Appropriation & from unanticipated revenue for payment of stained glass window Transfer - Stained for the new Senior Center. MOVED BY PERRY, SECOND TRIMM, Glass Window SUSPEND RULES AND ADVANCE TO SECOND AND FINAL READINGS. CARRIED. Following readings, MOVED PERRY, SECOND TRIMM, ADOPT AS READ. ROLL CALL: ALL AYES. CARRIED. Ordinance #3341 An ordinance was read vacating a portion of Lakeview Ave. and Street Vacation Renton Ave. between NE 4th St. and NE 5th Place as petitioned Lakeview and by Wall and Redekop and Swartfager. MOVED BY PERRY, SECOND SHANE, Renton at NE 4th SUSPEND RULES AND PLACE FOR SECOND READING. CARRIED. Following reading, it was MOVED BY PERRY, SECOND TRIMM, ADOPT AS READ. ROLL CALL: ALL AYES. CARRIED. Ordinance #3342 An ordinance was read making it unlawful for any person in charge Children in Vehicle of a vehicle to leave children under the age of eight years un-, Unattended attended or under age of twelve years if in a tavern or where alcohol dispensed and requiring securing of vehicles. MOVED BY PERRY, SECOND SHANE SUSPEND RULES AND ADVANCE TO SECOND AND FINAL READINGS. CARRIED. Following readings, MOVED BY PERRY, SECOND PROCTOR, ADOPT AS READ'. ROLL CALL: ALL AYES. CARRIED. The Committee recommended the following resolutions for reading and adoption: Resolution #2284 A resolution was read setting public hearing 8/20/79 re vacation Alley Vacation of alley between N. 35th and N. 36th Streets, east of Burnett N. N. 35th and 36th petitioned byBrown/Strand -a,nd set public hearing 8/20/79. MOVED BY (VAC-.13-79) TRIMM, SECOND SHANE, ADOPT THE RESOLUTION AS READ. CARRIED. Resolution #3.385 . A resolution was read supporting the President's national plan Energy Conservation and effort for energy conservation as beneficial to the citizens of the United States. MOVED BY TRIMM, SECOND SHANE, ADOPT THE RESOLUTION AS READ. CARRIED. Renton City Council 7/23/79 Page 4 Ways and Means The Ways and Means Committee reported that the Finance and Committee Report Utility Departments have provided them with estimates from 181 Utility Tax questionnaire responses which had been mailed to 310 utility (Referral of 6/18) customers. The report stated the average savings for low-income elderly would amount iro $41.58 per year. This would result in a reduction to the Current Fund revenue of approximately $12,000 per year. MOVED BY STREDICKE, SECOND TRIMM, REFER TO ADMINISTRATION FOR IMPLEMENTATION PRIOR TO NEXT YEAR'S BUDGET. CARRIED. Board of Ethics The Committee report recommended that the Board of Ethics ordinance be referred to the Administration for review. MOVED BY PERRY, SECOND TRIMM, CONCUR IN RECOMMENDATION. CARRIED. Voucher Approval The Ways and Means Committee recommended approval of Vouchers No. 24064 through No. 24267 in the amount of $584,625.88 having received departmental certification as to receipt of merchandise and/or services. Approval also included LID #302 Revenue Warrant R-40 in amount of $70,774.34, plus Cash Warrant C-95 $64,447.74 C-96 $6,129.60, C-97 $197.00; plus LID #307 R-5 $1 ,613.29 C-6 $1 ,713.29. MOVED BY SHANE, SECOND TRIMM, CONCUR IN REPORT. CARRIED. CONSENT AGENDA The following items are adopted by one motion which follows the items included. Fire Station Bid opening July 18, 1979 Landscaping for the Main Fire Station Landscaping No. 11 located at Mill Ave. S. and S. 2nd St. ; seven bids received. See attached tabulation. Refer to Public Safety Committee. Highway Annual certification from the State Department of Transportation Certification regarding State Highway Routes including transferred routes, limited access routes and certifications as required by state law. Refer to Public Works Department. Consent Agenda MOVED BY TRIMM, SECOND PERRY, APPROVE, THE CONSENT AGENDA. CARRIED. Approval CORRESPONDENCE Letter from Renton Police Officers Guild, James Foust, President, Historic Building presented a resolution declaring the building on Lots 18 and 19, Declaration Block 9, Town of Renton, a "Historic Building" (located at 1025 South 3rd St. ) The letter told the history of the building which (Former Puget Power was built in 1898. The Snoqualmie Falls Power Co. Sub-Station and then Holmes No. 2 is the oldest brick building in Renton and served as a Electric Building receiving and switching station for electricity from Snoqualmie at Mill Ave. S. Falls, Washington's first hydroelectric plant. The letter and S. 3rd St. ) requested the declaration to establish historical value and to allow restoration under the "Historic Buildings" Section of the Uniform Building Code. MOVED BY PERRY, SECOND SHANE, COUNCIL CON- CUR AND REFER TO NAYS AND .MEANS COMMITTEE. It was noted that arrangements are being made by the Police Guild to rent the build- ing to the Renton Area Youth Services. MOTION CARRIED. NEW BUSINESS Councilman Shane requested the Mayor's Office advise what services received from King County for tax monies received. ADJOURNMENT MOVED BY TRIMM, SECOND SHANE, COUNCIL MEETING ADJOURN. CARRIED. 11 :25 p.m. Delores A. Mead, C.M.C. City Clerk 6 . •., NOTICE • . " • RENTON CITY COUNCIL , . PUBLIC HEARING . . . . . ON AUGUST. 13, 1979 AT 8:00 P.M. -• • • . . RENTON MUNICIPAL BUILDING COUNCIL CHAMBERS . . • , • • 200 MILL AVENUE SOUTH . For the purpose of considerin a pto_posed ORDINANCE,:RELATING..TO HOUSING AND REGULAT- NG,THE CONVERSION OF RESIDENTIAL RENTAL UNITS TO CONDOMINIUMS OR COOPERATIVES; PROVIDING PROTECTIONS FOR TENANTS AND PURCHASERS, IN, CONVERTED:BUI0114pS; ADOPTING MEASURES TO,MITIGATE THE ADVERSE EFFECTS OF CONVERSION DISPLACEMENT;. AND PROVIDING PENALTIES FOR VIOLATIONS. GENERAL LOCATION OF SUBJECT .PROPERTY: • WITHIN CORPORATE LIMITS OF THE CITY OF RENTON - - - - - • r • _ , Date of Publication: 7/27/79 (Complete legal description &further information available in the City Clerk's Office - 235-2500) -- a, CERTIFICATION - • STATE OF WASHINGTON) ) ss. COUNTY OF KING I , L es)ie, L.. -PhIllips hereby wIiiyorat Twenfy Five 2O copies of the above notice were psted by me in 6442vbr more consptcuous places on the property described and two copies were posted at the Renton Municipal Building, 200 Mill Ave. South, Renton, WA on date of.JiJ)y 31 Signe. .41,44.0400 ' ATTEST: • Notary Public ily ;ande,for the State of Washington,-,:residthgAn Renton ,L.. `I: , f: 1 , -r. 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TO: DATE: -,:; FROM: CITY CLERK'S OFFICE SUBJECT: rnt 6�rr1 v Please furnish the following to the City Clerk's Office: Certification of Posting Legal Description Certification of Valid Petition Map Deed Pro Rata Share of Costs Easement Restrictive Covenants THANK YOU! Requested by: SW;gro P . , N TICE RENTON CITY COUNCIL PUBLIC HEARING ON AUGUST 13, 1979 AT 8: 00 P. m. RENTON MUNICIPAL BUILDING COUNCIL CHAMBERS 200 MILL AVENUE SOUTH For the ur ose of considering a proposed ORDINANCE, RELATING TO HOUSING AND REGULAT- ING THE CONVERSION OF RESIDENTIAL RENTAL UNITS TO CONDOMINIUMS OR COOPERATIVES; PROVIDING PROTECTIONS FOR TENANTS AND PURCHASERS IN CONVERTED BUILDINGS; ADOPTING MEASURES TO MITIGATE THE ADVERSE EFFECTS OF CONVERSION DISPLACEMENT; AND PROVIDING PENALTIES FOR VIOLATIONS. GENERAL LOCATION OF SUBJECT PROPERTY: 'WITHIN CORPORATE LIMITS OF THE CITY OF RENTON Date of Publication: 7/27/79 complete legal description &further information available in the City Clerk's Office - 235-2500 •Wa ng : The removal, mutilation, destruction rn ' mis- demeanor punishable by fine and imprisonment. ��� _. ; — — — - f , r B E IT ORDAINED BY' 1rmiiext - CITY OF. RENTON, THE CITY COUNCIL OF (hi ow:v :•�,.:'.mean ",:;, +,THE'CITY,-"OF. RENTON ! acce ance ;.•,,?:i`oir;;.o tr: WASHINGTON ,W A S H I N G T 0 N,, AS r' purchase -t J r ita! or c>n-_ Affidavit of Publ�calion RENTON, FOLLOWS: • r dominium unit provided'that NO.3326 I_ p AN ORDINANCE OF SECTION I:.Definitions: the sale of an entire building THE CITY OF RENTON, The following terms used in shall not be considered a STATE OF WASHINGTON WASHINGTON DEC-_ ' this Ordinance,shall have" . sale for the purpose of this COUNTY OF KING ss LARING A HOUSING the meaning set forth below: Ordinance. EMERGENCY AND IM- ' i • (a)Condominium Building (i)Tenant means any per P 0 -S I N G A means a building in which' ,' son occupying or holding MORATORIUM ON THE the owner of one or more f possession of a building or m. CONVERSION OF RE- dwelling units:is entitled to any portion thereof for pur- r� being first duly sworn on NTAL UNITS TO CON- the exclusive ownership and '; poses of habitation pursuant D.O M I N I U M S, AND possession of his or her unit ; to a lease or rental agree- PROVIDING PENAL- and has the common right to, ! mont. oath,deposes and says that., is the of I share, with other unit,own-I ' SECTION II: From the w_ c� �"Lf ; y� ( TIES FOR VIOLATIONS ers, the common area and i'e THE RENTON RECORD-CHRONICLE, a newspaper published four(4) + WHEREAS, the vacancy effective date of this Ordi- times a week.That said newspaper is a legal newspaper and it is now and rate for rental units in the facilities,or which.is govern- r±ance until October 1,1979, has been for more than six months prior to the date of publication referred City of Renton is between ed by the Horizontal Proper-; it shall be unlawful for any to, printed and published in the English language continually as a news- (((one and two percent;and ty Regimes-Act (RCW,: , person to convert a rental paper published four(4)times a week in Kent,King County,Washington, j WHEREAS, 'projections I 64.32)•' • ! unit to a condominium,or to and it is now and during all of said time was printed in an office maintained indicate no increase in the 1 (b)Condominium Conver=•', i sell or offer for sale any ' at the aforesaid place of publication of said newspaper.That the Renton i vacancy rate in the foresee- I EE sion means the filing of al rental unit or condominium ' Record-Chronicle has been approved as a legal newspaper by order of the .able future;and + f declaration of condominiurtt i unit where such rental unit ' Superior Court of the County in which it is published,to-wit,King County, ,WHEREAS,.:there has ! ' as provided by the Horizon-, was'rented as of July 2, been a substantial increase ; I tal Property Regimes" Act I ). 1979. in the number and percen- (RCW 64.32);on a building i; SECTION III:- Exception: Washington.That the annexed is a •" j;: tage of rental units vert- y which prior to July 2, 1979 i The,{equirements of Section ed to condominiums in the contained one or more rental E ? II of this Ordinance shall not past eighteen months;and units. apply to (a) condominium WHEREAS, there has (c) Condominium 'Unit I, ; units' or rental units which + been a substantial increase shall mean'a single unit in a , ; havc:anot been occupied by a as it was published in regular issues(and + in the number and percen- ! Condominium Building. tenant; since July 2,1979,or not in supplement form of said newspaper) once each issue for a period tage at condominium decla- (d) Offer for Sale shall.a {b}, rental units where an rations filed in the last six mean any advertisement,in c owner can show,with clear, i months;and , 1{ ducement,solicitation,or at- i , cogent and convincing ell- WHEREAS, the conver- . tempt to encourage any per. ' dence, that (1) the units of 1 consecutive issues,commencing on the sion of rental units to con- son to purchase,an indentifi- ' have been sold or offered for dominiums reduces the I able condominium unit. sale as condominium units day of 19 ' Cl number of available rental (e)Owner means the per-` prior to-July 2, 1979, or(2) Y k.,..yZ ,and ending the units In a rental market with son or persons, Who have that he or she prior to July 2, an extremely low'vacancy, title to or a beneficial interest 1979,Incurred significant fi- in any existing building de- , I nancial obligations with the' i rate;and ,19 both dates i WHEREAS, the signed or intended to be ' intention of meeting such conver- dayof , 'used for human habitation., j obligationspro- inclusive, and that such newspaper was regularly distributed to its sub- I sion of rental units to con- iaot ale the scribers during all of said period. That the full amount of the fee dominiums is causing se- (i Person'Includes any and fthes si of onsh®units, individual,corporation, art- vere hardship for tenants, �° p and the provisions of this especially the, elderly and Warship,association,trustee" Ordinance will prevent him charged for the foregoing or other legal-entity. or her from meeting g g g publication is the sum of $ , which those with low and moderate such has been paid in full at the rate of per folio of one hundred words for the incomes who are displaced (9)Rental Unit means any obligations; or' (3) con- first insertion and per folio of one hundred words for each subsequent dwelling unit as defined in dominium units or rental un- 4 by conversion of their apart- RCW 59.18.030 (1) which insertion. m ants to condominiums, ;•its which are offered for sale and viho are at least able to has been occupied since, i and sold to the tenant oc- Jul 2,1979,under a rental • 1 cope with the housing shor- y cupying such unit on July 2, tags;and agreement, express or 1979. ' WHEREAS, in some - - SECTION IV: Penalty: ;i.;i ,..... :1, r.. cases tenants are entering Commission of the act made into rental agreements only unlawful by Section II of this 1to find within-a tow-days that --_--_--.u= _--- ----t_ Ordinance shall constitute a Subscribed and sworn to before me this .6 dayof 1 the. rental unit has been violation subject to the provi- converted to a condominium sions of Section 204 of the and their tenancy is being Unifrom Housing Code(Title ##+ ''•-1 Vr , 19.y�•;;•• terminated and 4,Chapter 9,of the Code of, I WHEREAS, many pur- _ General Ordinanced of the chasers of condominium un- City of Renton. Any person I its which have been convert- convicted thereof may !tie. Notary Pub is ' and for the State of Washi ton, ed from rental units are not punished by a civil fine.or residing at Kent, King unty. ' familiar with the unique as- forfeiture not to exceed Five pects of-the construction of Hundred Doll a r,e s. condominiums and the ($500.00).Each day's viola- —Passed by the Legislature,1955,known as Senate Bill 281,effective June characteristics of con- lion shall constitute a sepa- 9th, 1955. - dominium ownership;and rate offense. WHEREAS, purchasers SECTION V: Effective , —Western Union Telegraph Co. rules for counting words and figures, of condominium converted Date.The City Council finds adopted by the newspapers of the State. units are investing their fi- that the conditions set forth,,, name! resources into a In the"WHEREAS"clauses toriii' of home ownership above, which are incorpo- which is uniquely subject to rated herein by reference; • the danger of destruction by ,are true and correct in all-• fire, and there is a grave respects,and that in view of need for,the-installation.of the conditions cited, above V.P.C.Form No.87 adequate fire alarm and pro that it is therefore necessary tection system;and 1 for the preservation of public _ _ - WHEREAS, '-it is neces-- - peaoe,,,,health, and safety sary to review'these prob- it::*::^n_ilati the .;r• lams in order la devise ads- + sion of.`ental units to con- quate regulations'. to al- i•iiomini:rris by immediately leviate such hardship;and . implemented and that this WHEREAS, 'it is antici- Ordinance take,effect with- pated that there will be at- ,out delay. By reason of the tempts to convert rental un- facts set forth in this Section its to condominiums during an emergency is declared to the review period so as to exist. This Ordinance.shall avoid the impending regula- take effect and be in force lions;and and effect upon its passage, WHEREAS, this rush to approval and five days after convert existing rental units its'publication. •to condominiums will have a PASSED BY THE CITY an COUNCIL this 2nd., detrimental effect on a ready critical situation,'thus July, 1979. diminishing the effective- Delores A.Mead, ness, of 'any regulatory City Clerk.. scheme devised;•and APPROVED BY THE WHEREAS,it is the inter- MAYOR this 2nd day of July, lion of the City Council'of tie 1979. - City of Renton.to provide a' Charles J. Delaurenti, moratorium period in which Mayor to carefully develop and Approved as to form adopt regulations governing Lawrence J.Warren the conversion of rental units City Attorney . to condominiums, and to Published in the Daily Re- end such moratorium period cord Chronicle July 6,1979. as.soon assuch,regulations R5646 , are adopted;NOW THERE- -_ ---- _--- - CITY OF RENTON, WASHINGTON ORDINANCE NO. 3326 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON DECLARING A HOUSING EMERGENCY AND IMPOSING A MORATORIUM ON THE CONVERSION OF• RENTAL UNITS TO CONDOMINIUMS, AND PROVIDING PENALTIES FOR VIOLATIONS WHEREAS, the vacancy rate for rental units in the City of Renton is between one and two percent; and WHEREAS, projections indicate no increase in the vacancy rate in the foreseeable future; and WHEREAS,there has been been a substantial increase in the number and percentage of rental units converted to condominiums in the past eighteen months; and WHEREAS, there has been a substantial increase in the number and percentage of condominium declarations filed in the last six months; and WHEREAS, the conversion of rental units to condominiums reduces the number of available rental units in a rental market with an extremely low vacancy• rate; and WHEREAS, the conversion of rental units to condominiums is causing severe hardship for tenants, especially the elderly and those with low and moderate incomes who are displaced by conversion of their apartments to condominiums, and who are least able to cope with the housing shortage; and WHEREAS, in some cases tenants are entering into rental agreements only..to find within a few days that the rental unit has been converted to a condominium and their tenancy is being terminated; and WHEREAS, many purchasers of condominium units which have been converted from rental units are not familiar with the unique aspects of the construction of condominiums and the characteristics of condominium ownership; and WHEREAS, purchasers of condominium converted units are = • investing their financial resources into a form Of home ownership which is uniquely subject to the danger of destruction by fire, and there is a grave need for the installation of adequate fire alarm and protection systems; and WHEREAS, it is necessary to review these problems in order ' to devise adequate regulations to alleviate such hardship; and WHEREAS, it is anticipated that there will be attempts to convert rental units to condominiums during the review period so as to avoid the impending regulations; and WHEREAS, this rush to convert existing rental units, to condominiums will have a detrimental effect on an already critical situation, thus diminishing the effectivness of any regulatory . scheme devised; and 1 WHEREAS, it is the intention of the City Council of. the City of Renton to provide a moratorium period in which to carefully develop and adopt regulations governing the conversion of rental units to condominiums, .and to end such moratorium period as soon as such regulations are adopted.; NOW THEREFORE . BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RENTON • WASHINGTON, AS FOLLOWS: • . SECTION I: Definitions: The following terms used in this Ordinance shall have the meaning set forth below: (a) Condominium Building means a building,in which the owner of one or more dwelling units is entitled to the exclusive ownership and 'possession of his or her unit and has the common right to, share, with other unit owners, the common area and facilities, or which is governed by the Horizontal Property Regimes Act (RCW 64.32) . • (b) Condominium Conversion means the filing of a declaration of condominium as provided by the .Horizontal Property Regimes Act . • (RCW 64.32) on a building which prior to July 2, 1979 contained one or more rental units. (c) Condominium Unit shall mean a single unit in a Condominium Building. (d) Offer for Sale shall mean any advertisement, inducement, solicitation, or attempt to encourage any person to purchase an indentifiable 'condominium unit. (e) Owner means the person or persons who have title to or a beneficial interest in any' existing building designed or intended • to be used for human habitation. (f) Person includes any individual, corporation, partnership, association, trustee or other legal entity. (g) Rental Unit means any dwelling unit as defined in RCW 59.18.030 (1) which has been occupied since July 2, 1979, under a rental agreement, express or implied. (h) . Sale shall mean the acceptance of an offer to purchase 1 a rental or condominium'unit provided that the .sale of an entire building shall not be considered a sale for the purpose of this Ordinance. • (i) Tenent .means any person occupying or holding possession • of a ,building or any portion thereof for purposes of habitation pursuant to a lease or rental agreement. SECTION II: From the effective date of this Ordinance until October 1, 1979 , it shall• be unlawful for any person to convert a rental unit to a condominium, or to sell or offer for sale any rental unit or condominium unit where such rental unit was rented • as of July 2, 1979. SECTION III: Exception: The requirements of Section II . , of this Ordinance shall not apply to (a) condominium units or rental units which have not.been occupied by a tenant since July 2, 1979, or (b) rental units where an owner can show, with clear, cogent and convincing evidence, that (1) the units have been sold or offered for • Sale as condominium units prior to July 2, 1979, or (2) that he • • or she prior to July 2, 1979, incurred significant financial obligations with the intention of meeting such obligations with the proceeds of the sale of the units, and the provisions of this ' Ordinance will prevent him or her from meeting such obligations; or • (3) condominium units or rental units which are offered for sale and sold to the tenant occupying such unit on July 2, 1979. SECTION IV: ,Penalty: Commission of the act made unlawful ' by Section II of this Ordinance shall constitute a violation subject to the provisions of Section 204 of the Uniform Housing Code (Title - 4, Chapter 9 of the Code of General Ordinances of the City of Renton. Any person convicted thereof may be punished by. a civil fine or forfeiture notto exceed Five Hundred Dollars' ($500.00) . Each day's __violation shall constitute a separate offense r • SECTION V: Effective Date. The City Council finds that ' the conditions set fOrth in the "WHEREAS' clauses above, which are incorporated herein by reference, are true and correct in all respects, and• that in view of the conditions cited above that it is_ therefore necessary for the preservation of. public peace, health, and safety that regulation of the conversion of rental units to condominiums be immediately implemented and that this Ordinance take effect without delay. By reason of the facts set forth in this Section an emergency is. declared to exist. This Ordinance shall take effect, and be in force and effect upon its passage, approval and five days after' its publication. . PASSED BY THE CITY COUNCIL .this end day of July, y1979. ' Delon Mead, City Clerk • APPROVED BY THE MAYOR this grid day of July, 1979. ' e., 4%%�V '6/e tisr3, . Appro ed as to form: Carles . e aurenti, Mayor Lawrence J. Wa' 'ren, City Attorney • Date of Publication: July 6, 1979 • --Renton City Council 7/2/79 Page 2 Audience Comment - Continued Dr. Brown Rezone Permit issuance and recommended that the Council find that the and Appeal , use proposed under special permit application will not be detri- Continued ' mental to the adjacent properties or welfare of community. Further the committee recommended that the Examiner's decision be affirmed insofar as it denied the application forrezone of the R-1 property to R-3 and that the remainder of the decision be reversed to read , as follows: The application for reclassification of the R-2 property to R-3 is granted. The application for Special Permit to allow a professional office in an R-3 zone is granted subject to conditions (3) . MOVED BY PERRY, SECOND CLYMER, CONCUR IN COMMITTEE REPORT AND REFER TO WAYS AND MEANS COMMITTEE. CARRIED. Michael N. Read Hearing Examiner' s decision of 5/22/79 for denial of SP 338-79 Special Permit application to develop self-storage facility as an integrated office/ SP 338-79 retail business park (Renton Business' Park) (B-1 zone) . A . and request for reconsideration was filed with Examiner 5/30 and Appeal denied 6/1/79. Appeal filed 6/13/79. Planning and Development Committee having reviewed the matter, recommended Council reverse the decision of the Examiner based on error of law Conclusion No. 6, 7 and 8; and recommended that the Council find that the • proposed use is a similar use to the specific uses allowed in the B-1 zone and conclude that the proposed use is allowed as a matter of right in the B-1 zone. MOVED BY PERRY, SECOND SHINPOCH, CONCUR IN COMMITTEE RECOMMENDATION. Councilman Stredicke inquired of access from property onto NE 4th and requested report from. the Administration regarding traffic in general area. Planning Director noted no access proposed to either Union NE or Monore NE. See later . MOTION CARRIED, Councilman Stredicke voted NO. MOVED BY PERRY, Ordinance SECOND CLYMER, REFER TO WAYS AND MEANS COMMITTEE. CARRIED. First City Equities Planning and Development Committee Chairman Perry acknowledged Rezone. G to MP this being date set. for Hearing. Examiner' s decision regarding R-328-79 Earlington First City Equities Rezone 328-79 to come before the Council , Industrial Park matter having been appealed 6/13/79 by Attorney Robert McBeth and representing Ernie Lueckenotte and Richard Haaland, operators Appeal 6/13/79 of the Earlington Golf Course. Committee Chairman Perry noted change in meeting date as applicant could not be present and Continued: announced 7/12 7:30 meeting; that the matter will be before the City Council 7/16/79 at the 8:00. p.m. meeting. Audience: Doug Prichard requested Council acquire the property. Condominium John Goff, 4300 NE Sunset Blvd. , Springtree Apartments, requested Conversion information regarding condominium conversion ordinance. MOVED BY PERRY, SECOND CLYMER, SUSPEND RULES AND PRESENT REPORT. Planning and Development Committee report noted review of condominium con- versions and recommended that an ordinance establishing a mora- torium be referred to the Ways and Means Committee. . MOVED BY SHINPOCH, SECOND PERRY, CONCUR IN RECOMMENDATION OF COMMITTEE.* Persons present making inquiries: Caren Wharton, 24532 35th Ave. S. Kent, South King County Tenants Union, asked matter not be tied Ordinance, #3326 up in committee with so many affected. *CARRIED. MOVED BY PERRY, 90-Day Moratorium SECOND CLYMER, SUSPEND RULES AND PRESENT ORDINANCE FOR FIRST READ- on Condominium ING. CARRIED. Ways and Means Committee Chairman Clymer presented. Conversion to ordinance declaring a housing emergency and imposing a moratorium October 1, 1979 on the conversion of rental units to condominiums and providing Pending penalties. MOVED BY PERRY, SECOND SHINPOCH, ADVANCE ORDINANCE TO Adoption of SECOND AND FINAL READINGS.* Persons present: Mike Poynter, Regulations 16803 SE 254th, Kent, asked moving expenses be paid to tenants Ordinance noting King County ordinance retroactive to cover expenses and asked that assurance be given that apartment passes building and fire codes. Councilwoman Shinpoch explained committee meetings and desire for good ordinance. City Attorney Warren explained an ordinance cannot be made retroactive. Dennis Whalen, 4308 NE Sunset; Bob Kresge, 4300 NE Sunset asked adoption of King County ordinance. *MOTION CARRIED. Ordinance placed on second and final readings declaring a housing emergency and imposing a moratorium on the conversion of rental units to condominums to October 1 , 1979. MOVED BY CLYMER, SECOND PERRY, ADOPT ORDINANCE. ROLL CALL: 6-AYE: SHINPOCH, TRIMM, CLYMER, PERRY, PROCTOR AND STREDICKE; ONE-NO: SHANE. MOTION CARRIED SETTING MORATORIUM. Renton City Council 7/2/79 Page 3 Recess MOVED BY SHANE, SECOND SHINPOCH, COUNCIL RECESS. CARRIED. Time: 9:30 p.m. Council reconvened at 9:50 p.m. Roll Call : All Council Members present. Introduction Mayor Delaurenti introduced King County Councilwoman Patricia Thorpe. Mrs. Thorpe explained King County condominium ordinance. Further discussion ensued. Caren Wharton explained tenant rights. OLD BUSINESS Councilman Perry inquired of legality and identification problems for persons for persons using surnames only on election signs. Councilman Stredicke asked removal of new cars parked on City right-of-way in vicinity of Burnett Ave. proposed linear park. Mayor Delaurenti advised corrective measures will be taken. ORDINANCES AND RESOLUTIONS Ways and Means The Ways and Means Committee Chairman Clymer presented report Committee Report recommending second and final readings of the following ordinances: Ordinance #3327 (First readings 6/25/79) Street Vacation Ordinance read vacating a portion of California Ave. (VAC-4-79) Portion of also known as N. 7th St. , as petitioned by Wong. MOVED BY CLYMER, California Ave. SECOND PERRY., ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. Ordinance #3328 An ordinance was read appropriating $6,910 to be received from Appropriation Burlington Northern Railroad for payment of road construction Monster Road work on Monster Road. MOVED BY TRIMM, SECOND SHANE, ADOPT THE Construction ORDINANCE AS READ. ROLL CALL.: ALL AYES. CARRIED. Ordinance #3329 An ordinance was read rezoning property from R-1 to R-3 located Banchero Rezone at the southwest corner of NE 12th St. and Edmonds Ave. NE; Mike R-234-78 Turner agent for Banchero and Florer. MOVED BY CLYMER, SECOND SHANE, ADOPT THE ORDINANCE AS READ. ROLL CALL: 6-AYES AND ONE- NO: STREDICKE. MOTION CARRIED. Councilman Stredicke requested . confirmation of covenants and dedication of right-of-way, being confirmed by the City Clerk. Ordinance #3330 Ordinance was read rezoning property from G to R-4 located at Schwartzenberger west side of Shattuck Ave. S. at intersection of S. 6th St. Rezone R-339-79 MOVED BY SHANE, SECOND CLYMER, ADOPT THE ORDINANCE. ROLL CALL: ALL AYES. CARRIED. Ordinance #3331 An ordinance was read rezoning property from G to R-3 located Nunn Rezone approximately 750 ft. south of NE 4th St. along Queen Ave. exten- R-342-79 sion between Greenwood Cemetery on west and City property on east. MOVED BY PERRY, SECOND SHANE, ADOPT AS READ. Councilman Stredicke inquired re covenants and access, being advised by Engineer Houghton that by consolidation of parcels the access is gained. MOVED BY PERRY, SECOND SHANE, ADOPT THE ORDINANCE AS READ. ROLL CALL: 6-AYE; ONE NO: STREDICKE. MOTION CARRIED. First Reading The Ways and Means Committee recommended first reading of the following ordinances:. Self Storage Ordinance read amending Title IV City Code to provide for use Facilities of self-storage facilities to be allowed by Special Permit. MOVED BY CLYMER, SECOND SHINPOCH, REFER ORDINANCE BACK TO THE WAYS AND MEANS COMMITTEE. CARRIED. Councilman Stredicke noted the ordinance was not retroactive. Ordinance #3332 Ordinance read authorizing acquisition of property and providing Acquisition of for payment, authorizing the City Attorney to prepare condmenation Cedar River Trail petition for acquisition for construction of Cedar River Trail Properties system. MOVED BY STREDICKE, SECOND SHINPOCH, SUSPEND RULES AND ADVANCE THE ORDINANCE TO SECOND AND FINAL READINGS. CARRIED. Following readings authorizing acquisition of Haddad/Jordan/LaRue properties, it was MOVED BY STREDICKE, SECOND SHINPOCH, ADOPT THE ORDINANCE AS READ. ROLL CALL: 5-AYE: SHINPOCH, TRIMM, CLYMER, PROCTOR, STREDICKE; 2-NO: SHANE AND PERRY. MOTION CARRIED. .. a PLANNING AND DEVELOPMENT COMMITTEE COMMITTEE REPORT July 2 , 1979 CONDOMINIUM CONVERSIONS The Planning and Development Committee has reviewed the matter of condominium conversions and recommends that an ordinance establishing a moratorium be referred to the Ways and Means Committee. George Perry, Chairman Barbara Shinpoch /S/ Earl Clymer j ' OF R�� U t$ 'Z. OFFICE OF THE CITY ATTORNEY. RENTON,WASHINGTON ' �•> POST OFFICE BOX 626 100 2nd AVENUE BUILDING • RENTON.WASHINGTON 98055 255-8678 • •� '�'"� P. LAWRENCE J.WARREN, CITY ATTORNEY DANIEL KELLOGG, ASSISTANT CITY ATTORNEY .4 re' 0917• Eo SEPO'" July 2 , 1979 TO: Del Mead, City Clerk FROM: Lawrence J. Warren Re: Ordinance re Moratorium on Conversion to Condominiums Dear Del: ._ I Enclosed please find the original of a proposed Ordinance as above captioned. Lawrence J .Warren LJW:nd Encl. cc: Ways and Means Committee Mayor Council President • CITY OF RENTON, WASHINGTON ORDINANCE NO. 33 7 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON DECLARING A HOUSING EMERGENCY AND IMPOSING A MORATORIUM ON THE CONVERSION OF RENTAL UNITS TO CONDOMINIUMS, AND PROVIDING PENALTIES FOR VIOLATIONS WHEREAS, the vacancy rate for rental units in the City of Renton is between one and two percent; and WHEREAS, projections indicate no increase in the vacancy rate in the foreseeable future; and WHEREAS, there has been been a substantial increase in the number and percentage of rental units converted to condominiums in the past eighteen months; and WHEREAS, there has been a substantial increase in the number and 'percentage of condominium' declarations filed in the last six months; and WHEREAS, the conversion of rental units to condominiums reduces the number of available rental units in a rental market with an extremely low vacancy rate; and WHEREAS, the conversion of rental units to condominiums is causing severe hardship for tenants , especially the elderly and those with low and moderate incomes who are displaced by conversion of their apartments to condominiums , and who are least able to cope with the housing shortage; and WHEREAS, in some cases tenants are entering into rental agreements only to find within a few days that the rental unsit has been converted to a condominium and their tenancy is being terminated; and ' WHEREAS, many purchasers of condominium units which have been converted from rental units are not familiar with the unique aspects of the construction of condominiums and the characteristics of condominium ownership; and ' l WHEREAS, purchasers of condominium converted units are investing their financial resources into a form of home ownership which is uniquely subject to the danger of destruction by fire, and there is a grave need for the installation of adequate fire alarm and protection systems ; and WHEREAS, it is necessary to review these problems in order to devise adequate regulations to alleviate such hardship; and WHEREAS, it is anticipated that there will be attempts to convert rental units to condominiums during the review period so as to avoid the impending regulations; and WHEREAS, this rush to convert existing rental units to condominiums will have a detrimental effect on an already. ctitical situation, thus diminishing the effectivness of any regulatory scheme devised; and WHEREAS, it is the intention of the City Council of the City of Renton to provide a moratorium period in which to carefully develop and adopt regulations governing the conversion of rental units to condominiums, and to end such moratorium period as soon as such regulations are adopted; NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RENTON WASHINGTON, AS FOLLOWS: ' SECTION I: Definitions : The following terms used in this Ordinance shall have the meaning set forth below: - (a), Condominium Building means a building in which the owner of one or more dwelling units is entitled to the exclusive ownership and possession of his or her unit and has the common right to share, with other unit owners, the common area and facilities , or which is governed by the Horizontal Property Regimes Act (RCW 64.32) . (b) Condominium Conversion means the filing of a declaration of condominium as provided by the Horizontal Property Regimes Act (RCW 64.32) on a building which prior to July 2, 1979 contained one: or more rental units. • j' `:' (c) Condominium Unit shall mean a single unit in a Condominium Building. (d) Offer for Sale shall mean any advertisement, inducement, solicitation, or attempt to encourage any person to purchase an indentifiable condominium unit. (e) Owner means the person or persons who have title to or a beneficial interest in any existing building designed or intended to be used for human habitation. (f) Person includes any individual, corporation, partnership, association, trustee or other legal. entity. (g) Rental Unit means any dwelling unit as defined in RCW 59.18.030 (1) which has been occupied since July 2 , 1979, under a rental agreement, express or implied. . (h) Sale shall mean the acceptance of an offer to purchase a rental or condominium unit provided that the sale of an entire building shall not be considered a sale for the purpose of this Ordinance. (i) Tenant means any person occupying or holding possession of a building or any portion thereof for purposes of habitation pursuant to .a lease or rental agreement. SECTION II: From the effective date of this Ordinance until dG7c �,Q� / 1977 , it shall be unlawful for, any person to convert a .rental unit to a condominium, or to sell or offer for sale any rental unit or condominium unit where such rental unit was rented as of July 2, 1979. SECTION III: Exception: The requirements of Section II. of this Ordinance shall not apply to (a) condominium units or rental units which have not been occupied by a tenant since July 2 , 1979, or (b) rental units where an owner can show, with clear, cogent and convincing evidence, that (1) the units have been sold or offered for sale as condominium units prior to July 2, 1979 , or (2) that he or she prior to July 2, 1979, incurred significant financial obligations with the intention of meeting such obligations with the proceeds of the sale of the units , and the provisions of this Ordinance will prevent him or her from meeting such obligations; or (3) condominium units or rental units which are offered for sale and sold to the tenant occupying such unit on July 2 , 1979. SECTION IV: Penalty: Commission of the act made unlawful by Section II of this Ordinance shall constitute. a violation subject to the provisions of Section 204 of the Uniform Housing Code (Title 4, Chapter 9 of the Code of General Ordinances of the City of Renton. Any person convicted thereof may be punished by a civil 'fine or forfeiture not to exceed Five Hundred Dollars ($500.00) . Each day' s violation shall constitute a separate offense SECTION V: Effective Date. The City Council finds that the ' conditions set forth _in the "WHEREAS ' clauses above, which are incorporated herein by reference, are true and correct in all respects, and that in view of the conditions cited above that it is therefore necessary for the preservation of public peace, health, and safety that regulation of the conversion of rental units to condominiums be immediately implemented and that this Ordinance take effect without delay. By reason of the facts set forth in this Section an emergency is declared to exist. This Ordinance shall take effect and be in force and effect upon its passage, approval and five days after its publication. PASSED BY THE CITY COUNCIL this _)—(day of July, 1979. Delores A. Mead, City Clerk APPROVED BY THE MAYOR this p day of July, 1979. -4" Approved as to form: Charles J. Delaurenti, Mayor Lawrence J. Warren, CityAttorney y Date of Publication: RENTON CITY COUNCIL Regular Meeting June '25 , 1979 Municipal Building Monday, 8: 00 P .M. Council Chambers MINUTES CALL TO ORDER Mayor Charles Delaurenti led the Pledge of Allegiance to the flag and called the Renton City Council meeting to order. ROLL CALL OF BARBARA Y. SHINPOCH, Council President; RICHARD M. STREDICKE, COUNCIL MARGARET L. PROCTOR, GEORGE J. PERRY, EARL CLYMER, THOMAS W. TRIMM, AND CHARLES F. SHANE. CITY OFFICIALS CHARLES J. DELAURENTI, Mayor; MAXINE MOTOR, Deputy City Clerk; IN ATTENDANCE LAWRENCE WARREN, City Attorney; W.E. BENNETT, Deputy Finance Director; GORDON Y. ERICKSEN, Planning Director; JOHN WEBLEY, Parks and Recreation Director; RICHARD HOUGHTON, Public Works Rep. ; JAMES MATTHEWS,Fire Dept. Rep. ; LT. DON PERSSONS, Police Dept. Rep. ; MICHAEL PARNESS, Administrative Assistant. MINUTE APPROVAL MOVED BY SHINPOCH, SECOND PROCTOR, APPROVE COUNCIL MINUTES OF JUNE 18, 1979 AS WRITTEN. CARRIED. PUBLIC HEARING This being the date set and proper notices having been posted, Street Vacation, published, and mailed accordingto law, Mayor Delaurenti opened SW Victoria St. the public hearing to consider proposed street vacation of SW VAC-12-79 Victoria Street (VAC-12-79) , South of South Tobin St. , East of Rainier Ave. , North of South 2nd Street, and West of Lake Ave. South; as petitioned by Hugh Carney, Kathryn Kaczmarek and Jerome F. Allers. Letter was read from Board of Public Works Chairman Gonnason stating no objection to requested vacation, no utility easement required and the fee be set at one-half the appraised value of $5.10 per square foot. Richard Houghton, Public Works, noted petition represented 100% of the property owners. MOVED BY SHANE, SECOND PERRY, TO CLOSE THE PUBLIC HEARING. CARRIED. MOVED BY SHANE, SECOND PERRY,TO APPROVE. THE VACATION AND SET FEE AT 50% OF THE APPRAISED VALUE. CARRIED. MOVED BY CLYMER, SECOND PERRY, TO REFER TO THE WAYS AND MEANS COMMITTEE. CARRIED. AUDIENCE John Goff, 4300 NE Sunset Blvd. G-1, requested a moratorium be COMMENT placed on condominium conversions until an ordinance is adopted by the city regulating such conversions. Edwin C. Johnson, Apartment 4300 NE Sunset Blvd. E-4, requested information about apartments Conversion being brought up to code during a conversion, and how long is to Condominium the conversion period to last. City Attorney Larry Warren \ (Rental to noted jurisdiction under present State Landlord Tenant Act.Councilwoma Purchase) Shinpoch noted legislation re condominium conversions before the Governor now. Lyle Wallace, Springtree Apts. E-1, received notice shortly after moving in about the conversion and requested such conversions be posted. Barry McClinton, 4308 NE Sunset Bldg. W-7, noted Springtree Apartments are. being advertised as rental units . without notification of impending conversion. Denise Heath, 4300 NE Sunset Blvd. L-4, requested protection for present renters and compensation for possible move. Councilman Perry noted condominium ordinance in the Planning and Development Committee and should be reported out shortly. West Hill MOVED BY PERRY, SECOND CLYMER, SUSPEND THE RULES AND HEAR ITEM 9b RE PLANNING COMMISSION RECOMMENDATION WEST HILL. CARRIED. Letter was read from Planning Director Ericksen noting Planning Commission recommendation re comprehensive plan and zoning of the West Hill Area, requesting council set a public hearing for consideration of the Planning Commission's recommendation. Robin Little, 264 Maple Ave. NW, requested copies of planning staff recommendation, Planning Commission and Planning and Development Committee be made available. Mr. E. Arnone, 207 Taylor Ave. NW, noted no reason to postpone council action. Sandy Webb, 264 Chelan Ave. SE, stated the planning commission had held a public hearing. LeRoy Johnson, 503 Seneca Ave. NW, questioned i 1 J i /I Renton City Council 6/25/79 Page 2 Audience Comment - Continued West Hill if posting of the hearing would be made in the area. Mayor Delaurenti noted routine postings would be made. MOVED BY STREDICKE, SECOND PERRY PUBLIC HEARING BE SET FOR JULY 23, 1979 TO REVIEW COMPREHENSIVE PLAN AND ZONING RECOMMENDATIONS FOR THE WEST HILL AREA. CARRIED. Recess MOVED BY SHANE, SECOND PERRY,COUNCIL RECESS. CARRIED. Council recessed at 9:00 p.m. and reconvened at 9:20 p.m. Roll Call- All council members present. Children Left MOVED BY PERRY, SECOND SHINPOCH, SUSPEND THE RULES AND HEAR Unattended in ITEM 9a RE CHILDREN LEFT UNATTENDED IN VEHICLES. CARRIED. Vehicles Letter was read from Mayor Delaurenti noting reports of serious injuries inflicted upon small children who are left unattended in vehicles and requested the matter be referred to the Public Safety Committee to consider enactment of a City Ordinance. MOVED BY CLYMER, SECOND PERRY TO CONCUR IN THE REQUEST AND REFER TO THE PUBLIC SAFETY COMMITTEE. CARRIED. Executive. MOVED BY STREDI.CKE, SECOND PERRY, COUNCIL HOLD EXECUTIVE SESSION Session TO DISCUSS NEGOTIATIONS. CARRIED.. 9:25 p.m. and reconvened at 10:40 p.m. Roll Call - All council members present. ORDINANCES AND RESOLUTIONS Ways. and Means Ways and Means Committee Chairman Clymer presented committee Committee Report report recommending the following Ordinances for first reading: Street Vacation- Ordinance was read vacating a portion of California Ave. Portion of (N. 7th St. ) as petitioned by Mr. Wong. MOVED BY CLYMER California Ave. SECOND SHANE TO REFER BACK TO THE WAYS AND MEANS COMMITTEE. VAC-4-79 CARRIED. Appropriating Ordinance was read appropriating funds for the payment of road Funds-Monster construction work on Monster road in the amount of $6,910.00 Road (Revised) MOVED BY CLYMER, SECOND SHINPOCH TO REFER BACK TO (Revised) WAYS AND MEANS COMMITTEE. CARRIED. ORDINANCE #3325 Ordinance was read approving and confirming the assessments Approving and- and assessment roll of Local Improvement District No. 297 for the Confirming Final improvement of the Heather Downs area by doing all work necessary Assessment Roll in connection therewith, levying and assessing the amounts therefor LID 297-Heather against the several lots, tracts, parcels of land and other property Downs as shown on said assessment roll as confirmed by the city council ; and providing for the payment of such assessments into the local improvement fund, District No. 297 of the City as created by Ordinance No. 3120. MOVED BY CLYMER, SECOND PERRY TO ADVANCE TO SECOND AND FINAL READINGS. CARRIED. After readings it was MOVED BY TRIMM, SECOND SHANE TO ADOPT THE ORDINANCE AS READ. ROLL CALL: . ALL AYES, EXCEPT COUNCILMAN STREDICKE. MOTION CARRIED. Turner' Agent for Ordinance was read changing the zoning classification of certain Banchero/Florer properties within the City from residence single family district Rezone R-234-78 (R-1) to residence district (R-3) .Banchero Rezone R-234-78.MOVED BY CLYMER, SECOND SHANE TO REFER BACK TO THE WAYS AND MEANS COMMITTEE. CARRIED. Schwartzenberger Ordinance was read changing the zoning classification of certain Rezone R-339-79 properties within the City from general classification district (G) to residence district (R-4) . Schwartzenberger Rezone R-339-79. MOVED BY CLYMER, SECOND PERRY TO REFER BACK TO WAYS AND MEANS COMMITTEE. CARRIED. Nunn Rezone . Ordinance was read changing the zoning classification of certain R-342-79 properties within the City from general classification district (G) to residence district (R-3) .Nunn Rezone R-342-79. MOVED BY PERRY, SECOND SHANE TO REFER BACK TO THE WAYS AND MEANS COMMITTEE. CARRIED. Already have be; �. _,; to.e.t ea_tlive,5 Apartments eady en•con- 4.10. : 4k, .( -'' AI 1 )! ,, 'i,, ;Ai:,r ,, tit , , / , , _.. t . : :, . ,, , 41; 1 2 Iffl W.' , ,-)- WI ii 1/ I 4....,, . i,.._: , viW h 41.:- —II 4 Am �, _A.:- � nioiatpisiuil..evi11 �Q�N;,. " � �.;•� ";:.> ,:�' ,�� ` . , • ., ,�� vented,and`�Councilnnan George'Per- 4 Yi 1 H'.l S;'' ., '�'' days later.:,,' : .- s By f R BLUME L ' The' nieratoriuni is designed to, -ry said the Thunderhill,Apartments Stay° ltepoeteir <.-� ,,;,. ; .: also inay"go condo" i - �.° . " give the city time to draw.'.up 'an_' ;.;�' has laittee,Of-Renton Gown'-,: , ordinance regulating'condominium', :GordonRricksen,Renton Planning cif-rato laid.:the;:g dvs'or1C,.f®r'a' conversions. The-need for• the`'`De pa t e t dirlotme'ol dthe Plan 'co veterzusta?i a1 ,,,tor?dq ium - .., moratorinn' became'apparent ear- • n ittee �"woever•.Isi9n .'c a:eni ra.uP1 7 acb :'7;:'ter'this week when�:about 15'tea- the apartment vacancy rate iii•the t oilld Stop both nh!; ale,and:cnffi55r�'_ ;' dents of the Springtree apartments.. ;city is,only:8 percent,.::: showed up 'at the council•n4eeting "�You have to do is read'the vivant lion of apartmail-t ndoniimums;,is. ::- e :epted to. `sail tirougli,,ttie: ffiill"` ` asking for help. ,. ads,or:drive around," agreed,Coun- cb"Cil iwith•littig`ppgcsition.at,its''. Tenants received:notice that the cilwoman.-•Barbara. Shinpoch.. next meeting Mond .. .148=unit .complex;, located in Re= "There's absolutely'nothing to.rent." ro osed'.- nton's Highlands,is being converted. Springtree. residents,who attended , After diq forrw it ha f an ere given a last:;Monday's council meeting ffiloratosiuYn.fat'°ab.8aat;ltalf;an"hour;.' to condominipms, and. v• ,. yesterday afternoon,the:Cquncil's - choice of•either mo'uig.or purchas- ;;;echoes Mrs. Shinpoch's observe- ' planning and development commit- menu are tthe se ae nd tree art ..h John 4Gawf, a Spririgtree tenant, no argument.If tee by it Evatit the sold as condoininivais:The Benson said with the low vacancy rate in the passed by the. couit' it Monday, —— —— ,city,tenants"need protection"from conversions.Statelaw requires land- , — • lords give only 20 days notice before renters' agreements can be termi- • . nated. • , I Lyle Wallace,another tenant,is an ` example of some of the situations the moratorium is designed to prevent. , • Wallace said:he and his family had ' only lived�in'their Springtree apart- , . mot five days before they were told ''it was being changed into'a con- doniiniutn. "Renters should be told this before they move in,"he told the Council.. • • •