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HomeMy WebLinkAboutHernandez Decision Denis Law — Mayor � � CltY �f� _ `�� � �"' �''A fJ� ♦ '} ♦ � � t r yJ i�"CLI. City Clerk -Jason A.Seth,CMC July 13, 2016 Javier & Aurea Hernandez 11922 SE 165th St Renton, WA 98058 Re: Hearing Examiner Report & Decision for Code Compliance Violation Hearing FOV#: 15-000370-Vehicle Storage Code Violation Dear Mr. Hernandez: I have attached the Hearing Examiner's Decision dated July 12, 2016, in the above referenced matter. If you have any questions or concerns, please feel free to contact me. Sincerely, Jason Seth, City Clerk cc: Hearing Examiner Craig Burnell, Building Official Donna Locher, Code Compliance Inspector Tim Lawless, Code Compliance Inspector 1055 South Grady Way• Renton,Washington 98057 • (425)430-6510/Fax(425)430-6516• rentonwa.gov OFFICE OF THE HEARING EXAMINER CITY OF RENTON REPORT AND DECISION --APPEAL OF FINDING OF VIOLATION Case No. 15-000370 Appellant: Javier&Aurea Hernandez 11922 SE 165`h St. Renton, WA 98058 Alleged Violation: Outdoor Storage of Unlicensed Vehicle in Violation of RMC 6- 1-3. Location of Violation: 11922 SE 165`h St. Renton, WA 98058 Public Hearing: Held on June 14,2015 at Renton City Hall. Decision: Violations and penalties sustained. Summary of Decision The appellant has filed an appeal of a Finding of Violation ("FOV") issued on March 23, 2016. The FOV was issued for the illegal outdoor storage of junk, wrecked or apparently inoperable vehicles on March 23, 2016. The appeal is denied and the $200 fine required by the FOV must be paid within the time limits required by the City's code enforcement officer. Summary of Hearing Testimony Mr. Hernandez stated that he has no defense because everything in the record is true. Donna Locher, City of Renton code enforcement officer, clarified that the date of violation is March 23, 2015. The vehicles in violation are 2000 Chevrolet pick-up with License No. B26456H. It's license expired on September 15, 2015. The license record was ran on March 23, 2016. She noted that currently only two vehicles are parked on the property and they are licensed and all car parts have been removed. Appeal of Finding of Violation Page 2 Exhibits The following e�ibits were entered into the record: Ex. 1: April 26, 2016 Scheduling Letter Ex. 2: March 23, 2016 Finding of Violation Ex. 3: April 13, 2016 Enforcement Narrative Ex. 4: Dept. of Licensing record for License No. ABE2334 Ex. 5: Dept. of Licensing Record for License No. B26456H Ex. 6: Dept. of Licensing Record for License No. ADT8932 Ex. 7: June 25, 2015 Order to Correct. Ex. 8: Three photographs dated September 17, 2015 Ex. 9: Dept. of Licensing Record for License No. 074YLTH Ex. 10. Dept. of Licensing Record for License No. AIC9687 Ex. 11: Dept. of Licensing Record for License No. ABE 2334 Ex. 12: Letter from Locher to Hernandez 9/22/15 Ex. 13: Five photographs dated 11/18/15 Ex. 14:Finding of Violation dated 11/19/15 Ex. 15: 3/23/15 photograph Ex. 16: Dept. of License Record for License B26456H Ex. 17:March 23, 2015 Finding of Violation 1. Javier and Aurea Hernandez reside at 11922 SE 165"'St, Renton WA. 2. A Finding of Violation("FOV"), Ex. 2, was mailed to Mr. and Mrs. Hernandez on or about March 23, 2016 for violating RMC 6-1-3 on the basis that the Hernandezs had stored an unlicensed 2000 Chevrolet pick up WA License No. B26456H outdoors at their residence on March 23,2006. 3. The Ex. 2 FOV was the second FOV issued for illegal storage ofthe 2000 Chevrolet pick up. Another FOV for illegal storage ofthe same pick up had been issued on November 19,2015. No appeal was filed to the first FOV. 4. Javier Hernandez filed an appeal to the March 23, 2016 FOV on Aprit 1,2016. 5. As shown in the photographs, Ex. 15, and DOL license record, Ex. 16,an unlicensed 2000 Chevrolet pick up WA License No. B26456H was stored outdoors at 11922 SE 165th St, Renton WA on March 23, 2016. This fact was uncontested by Mr. Hernandez during his June 14, 2016 hearing. Conclusions of Law 1. RMC 6-3-I prohibits the storage on private property of any "apparently inoperable vehicle". RMC 6-1-2 Appeal of Finding of Violation Page 3 defines an "inoperable vehicle" as a vehicle that "...cannot be lawfully operated upon pzrblic roads or highways". As determined in Finding of Fact No. 5, the Hernandez 2000 Chevrolet pick up truck was stored on the driveway of the Hernandez home at 11922 SE 165th St, Renton WA on March 23, 2016 and it was unlicensed on that date. As an unlicensed vehicle, it qualifies as an inoperable vehicle because it cannot be (awfully operated upon a public road without a current license plate. As a result, the vehicle was stored outdoors on private property in violation of RMC 6-3-1. Decision The Finding of Violation,Ex.2, is sustained and the Hernandez shall pay the$200 fine pursuant to a reasonable payment schedule as set by the Renton Code Enforcement Officer. DATED this 12th day of July, 2016. � �--".�_��—f� C:.�-�_..--- '�._.. r�n�C n�,oib�ecn�s City of Renton Hearing Examiner Right of Appeal This decision may be appealed to King County Superior Court within 21 days of issuance as governed by the Land Use Petition Act, Chapter 36.70C RCW.