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HomeMy WebLinkAboutDB 8701150721 ':FiliRECORD AT aittEl 3F c E , OFFICE CV THE CM CL K RENTON MUNICIPAL BIBG. ?00 MILL AVE.N0. (�: December 10, 1986 RENTON,VIA 98055 JAii t5 Ifl i-3 '$P OFFICE OF TH (HEARING.EXAMINER oily-Off'},RFNTON, KING c,- ,;t 1 Y REPORT AND DECISION 87/01 15 #U72 f E: RECD F 9 0 i_I OWNER: BARBARA SHEPP t I SHC! *:*:*:*9.;iii File No.: AAD-143-86 LOCATION: 223 Garden Avenue North SUMMARY OF REQUEST: Building and Zoning Department requests action be taken 0 on buildings due to their deteriorated and hazardous LI) condition. O PUBLIC HEARING: After reviewing the Building Department Report and examining available information on file, the Examiner conducted a public hearing on the matter as follows: The hearing was opened on December 2, 1986 at 9:00 A.M. in the Council Chambers of the Renton Municipal Building. Parties wishing to testify were affirmed by the Examiner. The following exhibits were entered into the record: Exhibit #1 - Official file containing information and reports submitted by the Building Department. Exhibit #2 - Photographs taken of subject property showing condition of property and buildings. PERSONS IN ATTENDANCE: Kenneth Bindara, Lead Building Inspector, City of Renton For the record, it is to be noted the owner of the above property, the subject of this hearing, was not in attendance. A registered letter was sent to the owner advising of this hearing, with a receipt signed by the owner being returned to the Building Department. The hearing opened with testimony offered by Kenneth Bindara. A review of the history of this property was given, with Mr. Bindara advising that the owner of the property, Barbara Shepp, has been notified on several occasions that the subject buildings were considered by the City to be dangerous buildings. On April 22, 1985 a correction notice was left at the residence because it was found that someone had begun remodeling on the residence which included a partial re-roofing. No response was received from this notice. A temporary electrical service was installed on the side of the house, approved by the Building Department on September 11, 1985, which has since been removed. On January 6, 1986 the Renton Police Department investigated a report of vandals at the residence, which was open to entry. On January 8, 1986 a neighbor complained to the Building Department regarding vandalism at the property, again, with the building being open to entry. On January 15, 1986, Mr. Bindara stated the Building Department wrote a letter to the owner, Barbara Shepp, asking that she close the house to entry and obtain a permit for a new roof. The house was closed, but there was no response from the owner. On September 18, 1986 a certified letter was sent to, and received by Barbara Shepp, with no response back to the Building Department. On November 6, 1986, Mr. Bindara stated a notice of complaint was sent to all parties of interest via certified mail. All of the letters were acknowledged as having been received. On November 25, 1986 Mr. Schumacher, the former owner of the property, called to inquire if any response had been received from Ms. Shepp. He was advised no response had been received by the City. Continuing, Mr. Bindara referred to the photographs contained in the file and stated the house and accessory building are open to vandals; wiring has been installed in the house without proper City permits and does not meet City codes; there is damage such as rot and slippage under the house; holes are kicked in the walls inside the house; leakage has caused damage in most areas of the house; sanitary appliances have either been damaged or removed; electrical service is in a hazardous condition; and stated the property outside of the house is in a dangerous state. He said according to the City Ordinance the house has been declared a dangerous building. He stated previously it would have been the recommendation of the Building Department that the house and accessory building be closed to entry immediately; permits for repairs be obtained within 60 days with repairs completed within 90 days, or the house and accessory building would be demolished within 90 days. However, he stated due to the fact they are unable to obtain any kind of response from the owner on any of their contacts, his department would now like to recommend that permits for repairs be obtained within 30 days and the house demolished within 60 days if this is not accomplished by the owner. He had no further testimony. L • BARBARA SHEPP AAD-143-86 December 10, 1986 Page 2 As stated previously, there was no one representing ownership of the property present to testify, even though notified of the time and date of the hearing. There being no further testimony or comments from Mr. Bindara, the hearing was closed at 9:15 A.M. FINDINGS 1. The City of Renton Building Department had received a series of complaints regarding a house located at 223 Garden Avenue North in the City of Renton. The legal description of the property is Lot 7, Block 4, Sartorisville. This hearing was held on December 2, 1986 at 9:00 AM in the Council Chambers of the Renton Municipal Building. CEJ U2. The title to the property is in the name of Barbara Shepp or Shipp, documents containing the If) owner's name show both spellings. Registered mail sent to a Barbara Shepp were received by a — person responding to that name sent by the Renton Building and Zoning Department. Therefore, it would appear evident that the current owner was apprised of the City's concerns Oregarding the property and was properly notified of all pending actions. Mr. Leo Schumacher 00 the previous owner called Building Department Officials on a number of occasions to ascertain the status of City actions. City complaints alleged that the single family residence was in a deteriorated state and should either be renovated or demolished since it was a dangerous building. 3. Complaints from neighbors were received as early as September 12, 1984. The house apparently had been vacant for a considerable period and grass and weeds had grown up. The Record of Complaint, dated September 12, 1984, indicates that a neighbor complained about the overgrown vegetation on the site and rubbish and junk. The inspection revealed the vegetation, but no litter or junk. 4. On April 19, 1985 a complaint was made that remodeling had been started, then abandoned, while the house remained vacant. The Record of Complaint indicated that the house was in various stages of demolition and remodeling and that a new roof had been added. No permit had been issued for the work and a notice was issued. The 'Correction Notice' was issued on April 22, 1985. The notice required the submission of plans, details, legal description and plot plan, together with the submission of an application for required permits and for required inspections. 5. At the time of these earlier incidents the property was reportedly owned by a Mr. Schumacher. Somewhere between the above related incidents and January 7, 1986 the property changed hands. Barbara Shepp was found to be the owner when the title was searched. 6. A Police Report dated January 7, 1986 indicated that both the main residence and the accessory smaller house had been vandalized the previous weekend. Sheetrock ceilings had been ripped open and the back door to the main house had been broken down. Police secured the properties after unsuccessfully attempting to reach the owner. Police learned that the owner had recently purchased the property and had begun remodeling. 7. The Building Department was called after the vandalism of January 7, 1986, and reinspected the property. The Building Department again issued a Record of Complaint, dated January 8, 1986. The property was found to be overgrown and open to entry. The Complaint notes that "kids 11 to 14 are going in and out/could be a dangerous problem." Follow-up comments on the complaint indicate that the owner was called and was to respond as of January 13, 1986. 8. A letter was sent to Shepp as an additional follow-up on January 15, 1986. The letter informed Barbara Shepp that the building at 223 Garden Avenue North, Renton, Washington, was in a state of disrepair. She was informed that preliminary inspection demonstrated that the building could be classified as a "dangerous building" and was informed that the immediate concerns were: (1) to close both structures to entry and (2) to obtain the necessary permit to work on the property. 9. Shepp was given until January 27, 1986 to respond in writing regarding these matters. The record reflects that Shepp did not respond. 10. On September 18, 1986 a letter was again sent to Barbara Shepp by 'Return Receipt Requested' and was picked up by Barbara Shepp on September 19, 1986. This letter reiterated the information contained within the January 27, 1986 letter and added new information. The letter indicated that the house was open to entry and that considerable damage to the house both inside and outside had occurred. The damage was blamed on vandals and the weather. The accessory building suffered similarly according to the letter. The growth of grasses and weeds it noted constituted a fire hazard. The letter informed Shepp that dangerous building proceedings against the house were started and informed Shepp of the procedure. BARBARA SHEPP AAD-143-86 December 10, 1986 Page 3 11. The Police Department on its 'Report on Building or Structure' indicated that the building was damaged thereby permitting entry by unauthorized persons, was damaged in such a manner that entry could not be secured against children, and found a burnt candle and other flammable materials on the floor. The report also indicated that the building was unfit for human habitation and that unsanitary conditions existed. 12. The Health Department Officer reported that the inspection revealed inadequate maintenance, decay, and numerous openings to the outside which allowed rodent entry. Rat droppings were found and probable nesting was evident. The report indicated that the structure is currently unfit for human habitation and sickness and disease would be possible. The exterior grounds were described as not maintained, with weed growth exceeding four (4) feet in height. The separate building was also described as being in an unsanitary condition and open to entry. 13. The Fire Department reported its concerns were related to easy access, evidence of use by vagrants, evidence of empty beer containers, ashtrays, cigarette butts, candles and the fact that N the interior damage, i.e. holes in walls and loose fitting doors would permit the rapid spread of fire. They indicated that the building constitutes a fire menace. O LU 14. The City filed a Notice of Complaint and 'Lis Pendens' on November 6, 1986. The document was recorded with the King County Auditor. It stated that the building is a "dangerous O building" and cited sections of the Dangerous Building Code, particularly Section 4-2104: l— c0 (a) These buildings because of dilapidation, deterioration and decay, are in a stage of structural failure. (b) Because of dilapidation, deterioration and open access, these buildings are an attractive nuisance to children and a harbor for vagrants, criminals and/or immoral persons. (c) Because of dilapidation, decay and lack of sanitation facilities, these buildings are unfit for human habitation. (d) Because of deterioration, damage, trash and combustibles in and around the buildings, they are a fire hazard. 15. The Notice of Complaint also noted the actions necessary: (a) Close buildings to entry immediately. (b) Obtain permits to restore building. (c) Remove trash, debris and trim vegetation on property. 16. The time, date and location of the Public Hearing was also announced in the Notice of Complaint and indicated that an answer to the complaint could be made at that hearing. 17. Photographs which are part of the record show loose wiring hanging outside the building, debris under the building, grown up vegetation, additional wires strung randomly through the crawl space, apparently rotted foundation posts, holes in walls, torn out plumbing fixtures, hanging ceiling elements and general disarray, decay and deterioration. 18. The Building Department originally intended to request that the owner be given 60 days to apply for the appropriate permits and begin to restore and rehabilitate the buildings, and 90 days to accomplish those objectives or demolish the buildings not later than 90 days after the order is issued. The Department modified its stance since the owner did not appear at the hearing or appear to have any continued interest in the property. The Department therefore, requested that any order provide not more than 30 days to apply for the appropriate permits with not more than 60 days to accomplish the rehabilitation or require demolition after the 60 days. CONCLUSIONS 1. The subject property qualifies as dangerous and unsafe under any one of a number of the definitions of dangerous or unsafe buildings. The following definitions found in Section 4- 2102, fully describe the buildings located on the subject site, at 223 Garden Avenue North, Renton, Washington: • BARBARA SHEPP AAD-143-86 December 10, 1986 Page 4 All buildings or structures which have any or all of the following defects shall be deemed 'dangerous buildings': (B) Whenever the building or structure has .... become so dilapidated or deteriorated as to become (1) an attractive nuisance to children; (2) a harbor for vagrants, criminals or immoral persons; or as to (3) enable persons to resort thereto for the purpose of committing unlawful or immoral acts. (C) Whenever a building or structure, because of inadequate maintenance, dilapidation, decay damage, .... inadequate sanitation facilities, or is otherwise determined by the City or County Health Officer to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease. �. (D) Whenever a building or structure, because of obsolescence, dilapidated condition, deterioration, damage, .... lack of sufficient fire resistive construction, faulty electric wiring, .... is determined to be a fire hazard. O 2. The Health Officer of King County has filed a 'Report on Building or Structure' which states: "Currently the structure is unfit for human habitation and sickness or disease would be 00 possible." The record demonstrates that the sanitary and other plumbing fixtures have been torn out and are no longer in working order. It's obvious that "inadequate maintenance, dilapidation, decay damage, [and] inadequate sanitation facilities" exist and the County Health Officer has found the property "to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease." 3. If the potential health violations were not enough, the Fire Department and the Building Department reports indicate that the building is open to entry, flammable materials and debris are located within the properties and the overgrown and dried vegetation outside constitute a fire hazard. Evidence of entry and use of flammable materials also was found. Therefore, the building is subject to fire. According to Fire Department analysis, it would be subject to a quickly spreading fire because of the non-resistive nature of the doors (loose fitting) and holes in the walls and ceiling material. 4. The buildings on the subject site both are dangerous buildings under this analysis, and the Building Officials complaint is justified. The fact that no person with an interest in the property appeared to answer the charges swings the balance toward the Building Department's request that any order be limited in duration so that the building is either brought up to standards or removed as quickly as possible. Therefore, the owner shall have not more than 30 days to apply for the appropriate permits and begin rehabilitation, with not more than 60 days to accomplish the rehabilitation. If such actions are not commenced within 30 days and completed within 60 days the buildings shall be demolished either by action of the owner or by the appropriate City authorities. DECISION The owners or parties in interest shall have not more than 30 days to apply for the appropriate permits and begin rehabilitation. All rehabilitation shall be completed within 60 days. If permit application and rehabilitation are not commenced within the respective 30 day and 60 day time limits, the buildings shall be demolished either by action of the owner or by the appropriate City authorities. All time limits run from the date of this decision. ORDERED THIS 10th day of December, 1986. FRED J. KAU AN HEARING E INER TRANSMITTED THIS 10th day of December, 1986 to the party of record, as well as current and previous owner of subject property: Barbara Shepp, current owner of subject property. 11428 18th Place S.W. Seattle, Wa. 98146 • BARBARA SHEPP AAD-143-86 December 10, 1986 Page 5 Mr. Schumacher, previous owner of subject property. c/o First Federal Savings and Loan Association of Renton P. 0. Box 358 Renton, Wa. 98057 Kenneth Bindara Lead Building Inspector, City of Renton TRANSMITTED THIS 10th day of December, 1986 to the following: Mayor Barbara Y. Shinpoch Ronald Nelson, Building & Zoning Director Glen Gordon, Fire Marshal Alan Wallis, Chief of Police Lawrence J. Warren, City Attorney Pursuant to Title IV, Section 3015 of the City's Code, request for reconsideration must be filed in CD writing on or before 5:00 P.M. December 24. 1986. Any aggrieved person feeling that the decision of the Examiner is based on erroneous procedure, errors of law or fact, error in judgment, or the discovery of new evidence which could not be reasonably available at the prior hearing may make a p written request for a review by the Examiner within fourteen (14) days from the date of the Examiner's decision. This request shall set forth the specific errors relied upon by such appellant, and 00 the Examiner may, after review of the record, take further action as he deems proper. Any appeal is governed by Title IV, Section 3011, which requires that such appeal be filed with the Superior Court of Washington for King County within thirty (30) days from the date of the Examiner's decision. June 8, 1987 Renton City Council Minutes Page 188 ORDINANCES AND RESOLUTIONS Ways and Means Ways and Means Committee Chairman Keolker presented a report Committee recommending the following ordinances for second and final reading: Ordinance #4073 An ordinance was read amending Sections 4-301 and 4-305 of Title IV Building & Zoning: 1987 (Building Regulations) of City Code relating to adoption of the Electrical Electrical Code Code by reference. MOVED BY KEOLKER, SECONDED BY CLYMER, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. Police: Dance Hall Chairman Keolker advised that the Dance Hall Ordinance will be held for Ordinance one week pending review of additional information. Ways and Means Committee Chairman Keolker presented a report recommending the following ordinances for first reading: LID: 329, One Valley An ordinance was read relating to Local Improvement District No. 329; Place, Bond Anticipation amending Ordinance No. 3856; authorizing the issuance and sale of local Notes improvement district bond anticipation notes in Local Improvement District No. 329 pending the receipt of the proceeds of the local improvement district bonds authorized to be issued by Ordinance No. 3856; and providing for the sale and delivery of such notes to Old National Bank of Washington, Seattle, Washington. MOVED BY KEOLKER, SECONDED BY HUGHES, COUNCIL REFER THIS ORDINANCE BACK TO COMMITTEE FOR ONE WEEK. CARRIED. Ways and Means Committee Chairman Keolker presented a report recommending the following resolution for reading and adoption: Resolution #2682 A resolution was read authorizing execution of documents relating to the WSDOT: Storm Drainage acceptance of easements, City/State agreements, project agreements, and Roadway Capital maintenance and operation agreements, and the allocation and expenditure of Improvement Joint City, State Department of Transportation, and Federal FHWA funds for joint Projects/I-405 HOV Bus. project with Washington State Department of Transportation for projects Lane Joint Project associated with I-405 HOV widening, including: Interstate I-405 HOV widening, Oakesdale Avenue SW street extension under I-405 from SW Grady Way to SW 16th Street, Lind Avenue SW widening over I-405 from SW Grady Way to SW 16th Street, Renton Village storm interceptor from Renton Village Place S. to the Panther Creek Wetlands, Soil Conservation Service P-1 Drainage Channel under I-405 from SW Grady Way to SW 16th Street. MOVED BY KEOLKER, SECONDED BY REED, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. Vouchers Ways and Means Committee Chairman Keolker presented a report recommending the approval of Vouchers 32798 through 33462 in the amount of $1,541,175.51, having received departmental certification that merchandise/services have been received or rendered; Vouchers 33112-33116 machine voided. MOVED BY KEOLKER, SECONDED BY CLYMER, COUNCIL APPROVE THE VOUCHERS AS PRESENTED. CARRIED. Ways and Means Committee Chairman Keolker presented a report recommending disposition of the following referrals: Video Programs No action on the matter of City video programs funding as the project has been discontinued. Legislation for Peep Referral of legislation regarding peep shows, topless dancing, etc. to the Shows, etc. Public Safety Committee. Board/Commission: Civil No action on the the matter of an ordinance regarding political affiliations Service Commission for Civil Service Commissioners as it will be handled by the Association of Political Affiliation Washington Cities. Finance: Financial No action on the matter of bid call for financial consultant as the Committee Consultant denied the Administration's request for a financial consultant. Dangerous Building: No action on the matters of Shepp dangerous building demolition Shevo, Case #D-143 ,appropriation and community event mobile stage as a complete list of budget Community Event: !adjustments will be presented to the Committee at the appropriate time. Mobile Stage Donation by Renton Rotary Club WAYS AND MEANS COMMITTEE COMMITTEE REPORT JUNE 8, 1987 CITY VIDEO PROGRAMS FUNDING (Referred 10/21/85) The Ways and Means Committee recommends that no action be taken on this matter as the project has been discontinued. LEGISLATION REGARDING PEEP SHOWS, TOPLESS DANCING, ETC. (Referred 8/18/86) The Ways and Means Committee recommends that this matter be referred to the Public Safety Committee. ORDINANCE REGARDING POLITICAL AFFILIATIONS (Referred 12/22/86) The Ways and Means Committee recommends that no action be taken on this matter as it will be handled by the Association of Washington Cities. BID CALL FOR FINANCIAL CONSULTANT (Referred 1/26/87) The Ways and Means Committee recommends no action be taken on this matter as the Committee denied the Administration's request for a financial consultant. SHEPP DANGEROUS .BUILDING DEMOLITION APPROPRIATION (Referred 2/9/87) COMMUNITY EVENT MOBILE STAGE (Referred 4/27/87) The Ways and Means Committee recommends no action be taken on these items as a complete list of budget adjustments will be presented to the Committee at the appropriate time. CONTAINER CORPORATION REZONE - R-021 -86 (deferred 3/2/87) The Ways and Means Committee recommends that no action be taken on this matter as it is currently before the Boundary Review Board and will be referred back to the Committee at the appropriate time. - ti • Ways and Means Committee Committee Report Page Two CITY CODE CHAPTER REGARDING PLANNING COMMISSION RESIDENCY (Referred 3/23/87) The Ways and Means Committee recommends that this matter be referred to the Planning and Development Committee. 1988 LABOR CONTRACT NEGOTIATIONS (TEAM APPOINTMENTS AND BARGAINING PARAMETERS) (Referred 5/4/87) The Ways and Means Committee recommends no action be taken on this matter as it will be dealt with in executive session before the full Council . . K?/1/4 Kathy Ke er, Chair Earl Clymer Robe Hughes