HomeMy WebLinkAboutDB 8407090678 -0603E July 6, 1984
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r OFFICE OF THE LAND USE HEARING EXAMINER .{ ,,
c CITY OF RENTON _�' " t
REPORT AND DECISION u=JL I ' � o
i ON OF
PARTY IN INTEREST: JOSEPHINE WEHMEYER �};i :,�.#[
FILE NO. AAD-066 and D-134-84
LOCATION: 240 Rainier Avenue South REM 00
SUMMARY OF HEARING: Review of a dangerous building complaint filed by the
Building Official to determine whether this structure is a
dangerous building as defined by Section 4-2104 of the
Dangerous Building Code.
Hearing Examiner Decision: Property to be restored to a
safe condition.
00
PUBLIC HEARING: After reviewing the Building and Zoning Department
Report, examining available information on file with the
application, and field checking the property and
r`• surrounding area, the Examiner conducted a public hearing
on the subject as follows:
The hearing was opened on June 26, 1984, at 1:30 p.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 - Housing Checklist from various City
departments in applicant's file.
Exhibit #2 - Thirteen (13) slides presented by the Building
Department to illustrate the condition of subject property.
• APPEARING AT THE HEARING: Zanetta Fontes, Attorney for the City of Renton
Ken Bindara, Lead Building Inspector for the City of
Renton.
Officer Thomas Bingaman, Renton Police Department.
Suzanne Wehmeyer
The Hearing Examiner opened the hearing. Attorney for the City of Renton, Zanetta Fontes,
: spoke questioning whether or not Josephine Wehmeyer was served with a notice of the hearing.
It was determined that Dale Wehmeyer, son of Josephine Wehmeyer, was served with a notice
of this hearing, and has a general power of attorney to conduct all of his mother's business.
City Attorney Fontes called Ken Bindara, Lead Building Inspector for the City of Renton to
testify. Mr. Bindara testified as to his knowledge of the background of the subject property.
He described damage to the roof, floor, walls, water in the basement, fire damage and debris
outside of the building. He said there were old vehicles stacked on the premises and an old
trailer that is open to entry. The applicant has been contacted regarding repair or demolition
of the building but so far there has been no response. The building has become a haven for
undesirable persons due to its poor condition. It is considered a health hazard; fire hazard; and
is less than the City's requirement under the 1982 Uniform Building Code. At this point in the
hearing Mr. Bindara showed 13 slides to further illustrate the condition of this property. He
stated the property was posted on June 8, 1984 and Complaint No. 8406080680 was recorded
with the County. Mr. Bindara stated that Dale Wehmeyer was paid by an insurance company a
certain sum of money for site clean-up and that the Building Department is requiring that the
building be demolished, all debris outside the building including the trailer on the side, all
mechanical and fill that is required to level the site be accomplished within 30 days. In the
Fi _rlit bit• 11111. cde boarded up for safety.
ONE OF TIE MUM,
RENTON Nat Ili
ME AVE St •
SEINTON,NA MI5
J®SEPHINE WEHMEYER
File No: D-134-84
July 6, 1984
Page 2
Attorney Fontes called Officer Thomas G. Bingaman, City of Renton Police Department to
testify as to his knowledge of the property in question. Officer Bingaman stated he was called
to inspect the building on January 16, 1984 as it had been involved in a fire. He noted at that
time that certain temporary plywood had been removed, the door was standing open, there was
water in the basement, several vehicles around the property, and the ground around the building
was covered with an oil substance of a petroleum base making it a fire hazard. He stated the
property as it stands now is a health and fire hazard.
The Hearing Examiner called for further testimony. Ms. Suzanne Wehmeyer, estranged wife of
Dale Wehmeyer did not care to testify, but wanted to advise the Hearing Examiner that she was
in attendance to find out what was going to happen with the property as it is for sale and is
involved in the divorce settlement. Ms. Wehmeyer requested a copy of the Examiner's decision.
There being no one else wishing to testify, the hearing was closed at 2:20 p.m.
FINDINGS, CONCLUSIONS & ORDER:
Having reviewed the record in this matter, the Examiner now makes and enters the following:
CO
FINDINGS:
INTRODUCTION
This matter came before the Hearing Examiner for the City of Renton pursuant to
Ordinance 3809, The Dangerous Building Code, on June 26, 1984 at 2:00 p.m. The Hearing was
(Xheld in the Council Chambers in the Renton Municipal Building.
Parties to the proceeding were: The City of Renton by its Attorney Zanetta Fontes; Ken
Bindara, Lead Building Inspector, City of Renton; Officer Thomas G. Bingaman, Police
Department, City of Renton; Suzanne Wehmeyer, in her own behalf.
After due consideration of the evidence elicited during the hearing, the following findings of
fact and conclusions shall constitute the decision of the Hearing Examiner.
1. The subject site is located at 240 Rainier Avenue South in the City of Renton (see
attachment for legal description). Located on the site is the fire damaged remains of the
Sure Shift Transmission Shop.
2. The record discloses the fact that the current property was severely damaged in a fire on
December 3, 1982. The damage coupled with the resulting damage occasioned by the
elements during the interim have left a building with considerable damage to the roof,
floor and walls.
3. Portions of the roof are missing, as are portions of the floor. Walls show substantial
damage and the rear basement is open to entry. The basement contains approximately
one foot of standing water. The front of the building is also open to entry.
4. Debris from the fire moved to the rear of the building still remains there. In addition,
debris generated by the transmission business which was located in the shop prior to the
fire also fills the rear yard.
5. The evidence indicates that the building remains a fire hazard although severely gutted.
The open entry invites entry by minors and vagrants. The debris inside and outside
presents a hazard to life and limb. The accumulation of water also qualifies as a hazard
and the akimbo walls and remaining roof present a sure hazard to life and limb.
6. The city notified the property owner or her duly authorized representative of the
existing conditions on a number of occasions and was in contact with an insurance
representative regarding the state of the property.
7. The Health Department indicates the building is accessible to rodents, the rear yard
littered with debris and access by children is possible.
8. The Fire department determined that the building was structurally unstable because of
the fire damage and that persons entering the premises could be injured.
9. The building according to the Building Department does not meet the provisions of the
Uniform Building Code regarding the strength of the structure because of the fire
damage.
JOSEPHINE WEHMEYER
File No: D-134-84
July 6, 1984
• Page 3
10. The Building and Zoning Department has recommended that all the debris in and around
the building be removed, the structure be torn down and the below grade basement be
filled in and made level with the surrounding ground.
11. The property was posted on June 8, 1984 and the complaint was recorded with the King
County Assessor's Office.
12. Neither Dale Wehmeyer nor Josephine Wehmeyer were in attendance. Suzanne
Wehmeyer participated generally only to observe the proceedings.
CONCLUSIONS
1. The preponderance of the evidence demonstrates that the sum of the conditions, i.e., the
standing water in the open basement, the open and ajar doors providing access to the
gutted interior, the caved in roof, structurally deficient walls and accumulated debris
contribute to an unsafe and dangerous condition.
2. The building no longer meets code requirements for structural integrity due to the fire
damage. The building and the debris both harbor conditions which could be a danger to
iNa life and limb. The building "as is, where is" violates Sections 4-2102 (A), (B), (E) and
Qshould be demolished and the site returned to a safe condition.
p 3. While the method to return the building and/or site to a safe condition is at the option of
the owner the extreme state of disrepair and dilapidation is such that the building
constitutes an immediate threat to life safety and therefore all actions to bring the site
o0 into conformance with existing codes must be accomplished within 30 days of the date of
this decision. (Section 4-2103 (A)). Until such time the building should be secured from
all unauthorized entry.
ORDER
The subject site shall be returned to a safe condition within 30 days of this decision.
The return to a safe condition could consist of bringing the building into conformance with the
existing code provisions of the City of Renton but shall include the removal of all debris on the
subject site not necessary for the restoration of the building.
If the building is not made to conform with existing codes of the City then within 30 days the
building shall be demolished, all debris removed from the subject site and the site leveled and
contoured to conform with the surrounding grades.
Notwithstanding the other portions of this order the property shall immediately be vacated and
secured from any unauthorized entry subject to approval of the Building and Zoning Department.
ORDERED THIS 6th day of July, 1984.
Fred J. Kaufr n '
Land Use Heag Examiner
TRANSMITTED THIS 6th day of July, 1984 to the parties of record:
Josephine Wehmeyer
1997 No. Lake Avenue
Altadena, California, 91101
Dale Wehmeyer
5 . • ••k 1902 Porter Street
••• <' Enumclaw, Washington, 98022
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•
'0* ,,,;,w . . •
? Suzanne Wehmeyer
t 't! 12621 -156th Ave. S.E.
Renton, Washington, 98056
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A. aay of g.aNsw , ,TO BEFp , ME
9
Notary Pub• n the ata q►
teeiding at me
JOSEPHINE WEHMEYER
File No: D-134-84
July 6, 1984
• Page 4
TRANSMITTED THIS 6th day of July, 1984 to the following:
Mayor Barbara Y. Shinpoch
Councilman Richard M. Stredicke
Richard Houghton, Public Works Director
David Clemens, Policy Development Director
Members, Renton Planning Commission
Ronald Nelson, Building & Zoning Director
Roger Blaylock, Zoning Administrator
Lawrence J. Warren, City Attorney
Renton Record-Chronicle
Zanetta Fontes, Attorney, City of Renton
Pursuant to Title IV, Section 3015 of the City's Code, request for reconsideration must be filed
cip in writing on or before July 20, 1984. 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
tO discovery of new evidence which could not be reasonably available at the prior hearing may
2 make a written request for a review by the Examiner within fourteen (14) days from the date of
Q the Examiner's decision. This request shall set forth the specific errors relied upon by such
rappellant, and the Examiner may, after review of the record, take further action as he deems
Tr 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.
DESCRIPTION: •
w • •
PARCEL 1:
That portion of Government Lot 10 in Section 18, Township 23 North,
Range 5 East, W.M. , described as follows :
Beginning at a point on the East line of the Mitchell Road, 274 feet
Southerly from the intersection of said East margin and the Southerly
line of the Cedar River pipe line right-of-way, said intersection
being 2, 721. 63 feet East and 16 .8 feet North of the West 1/4 corner
of said Section 18;
thence Easterly along a line parallel with the Southerly line of the
Cedar River Pipe line right-of-way; 265 feet, more or less , to the
Westerly margin of the Black River and the true point of beginning;
thence Westerly along said parallel line 265 feet to the East margin
of the Mitchell Road;
thence Southerly along said East margin 75 .50 feet ;
thence Northeasterly in a straight line to a point on the Westerly
margin of the Black River , 28 feet, Southerly from the above described
parallel line;
thence Northeasterly along the Westerly margin of the Black River to
the true point of beginning;
Q EXCEPT that portion of the above described tract deeded to the State
Q, of Washington for State Road No. 5 by instrument recorded under Recording
0 No. 3101915 ;
p Situate in the City of Renton, County of King, State of Washington.
O PARCEL 2 :
OD
Tract 12 of Second Supplemental Maps of Renton Shore Lands , as
shown on the official maps thereof on file in the office of the
Commissioner of Public Lands at Olympia, Washington;
Situate in the City of Renton, County of King, State of Washington.
JOSEPHINE WEHMEYER
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