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Home My WebLink Aboutschmidt code appeal CITY OF RENTON Code Case No: CODE17-000372 JUL 3 � 2017 � � ��;L� Date: July 20,2017 Violation Address: Total Amount Due: $500.00 505 Williams Ave N RECEIVED Renton,WA 98057-5452 CITY CLERK'S OFFICE NOTICE OF RENTON MUNICIPAL CODE VIOLATION The City has elected to establish a non-judicial hearing and determination system to enforce Renton Municipal Codes(RMC) civil code violations.Therefore a code violation penalty, consistent with RMC 1-3�2.P is imposed, not including any costs, fees or assessments. You may respond in the following manner: �deny creating, permitting to exist, maintaining or failing to eliminate the violation(s)and I am requesting a hearing to contest this / �Finding of Violation.Appeal requests must be received by the Renton City Clerk's office within 10 days of the date of this Finding of Vialation. Please send me a hearing date. I promise to appear on that date.The administrator must prove by a preponderance of the evidence that i committed the violation. I understand that under RMC 1-3-2.G that the administrator shall decide whether the opportunity to be heard will be on�y in writing or in person, or both.The city is not required to call witnesses to testify at the hearing. Pursuant to RMC 1-3-2.K,failure to attend the scheduled hearing makes the Finding of Violation final, and I may be subject to additional costs if I fail to withdraw or resolve my appeal prior to the hearing date. I a�so understand that the city has not waived any rights�r remedies under the law. Appeals should be mailed to: City of Renton Attention: City Clerk 1055 S Grady Way Renton,WA 98057 ❑ I admit that I have created, permitted to exist, maintained or failed to eliminate the violation(s)and do not need or want any kind of hearing.As a result, I have enclosed a check or money order(do not send cash) in the amount of$ . I understand I am required to bring the property into compliance with City of Renton Municipal Code. I also understand that if compliance is not achieved I may be issued additional Findings of Violation with increasing penalties, and or criminally prosecuted. NSF checks will be treated as failure to respond. Payment should be made to: City of Renton Attention: 1st Floor Finance 1055 S Grady Way Renton,WA 98057 Complete inf tion below: (PLEASE PRINT Name: �� /I� � � C'_ � / / Street or P.O. Box: � ��Z�— �/_ � �y �d�C� City: �/� State: `�� Zi �� S �j p�— Telephone: Home: Work: Signat e of Viola or: Date: � i 3/�-j � =�� Page 3 of 3 1055 South Grady Way,Renton,WA 98057 • rentonwa.gov CITY OF RENTON JUL 31 201� Law Office of Gerald F. Robison RECEIVED CITY CLERK'S OFFICE Attorney at Law 64g S. I SZnd� #7 Burien, WA 98148 (206) 243-4219 Fax: (888) 205-0071 July 31, 2017 Code Compliance Department of Community&Economic Development City of Renton 1055 South Grady Way Renton, WA 98057 Re: Code Case No. CODE17-000372 Richard&Ping Schmidt Address of Alleged Violation: 505 Williams Ave N, Renton, WA 98057 I represent Richard&Ping Schmidt with respect to the violation alleged in the above referenced case and the Finding of Violation dated July 20, 2017. This letter provides a brief explanation of the basis for the attached notice of appeal of the Finding of Violation. First,your Finding assumes that the garages are being rented separately to a contractor. The property is in fact rented as a whole to a group of unrelated adults who share the property, including the house, garage and land. The"contractor"you refer to is one of the tenants renting the house. His use of the garage is incidental and accessory to his tenancy in the house. Second, a plain reading of your interpretation of Code Section 4-2-60 M, would make it illegal for any person living in any residential zone in the City to store anything on their property, either inside or outside. That is clearly an absurd interpretation of the Code. Such an absurd result is avoided by Code Section 4-2-60 Q,which provides that accessory uses are permitted in all zones per RMC 4-2-50. RMC 4-2-50 A, provides that accessory uses include uses "customarily incidental and subordinate to the principal use and located upon the same lot" as the principal use. Use of a garage for storage is well established as a use that is customarily incidental and subordinate to use of a house. A tenant in the house has the same right to use the garage for storage that an owner living in his own home would have. There is no violation in this case. ��?��l-1� .��____---- Gerald F. Robison