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HomeMy WebLinkAboutDB 20090623001043 Return Address: City Clerk's Office 111 11 1111 11111 111 11 111 11 111 11 City of Renton 20090623001043 1055 South Grady Way PAGE001 RENO 0 MISC 51.00 Renton, WA 98057 08/23/2009Y11:3KING COUNT , 33 Please print or type information WASHINGTON STATE RECORDER'S Cover Sheet(RCW 65.04) Document Title(s) (or transactions contained therein):(all areas applicable to your document must be filled in) 1. 2. Lim Weth 3. 4. Reference Number(s) of Documents assigned or released: Additional reference#'s on page of document Grantor(s) (Last name first name,initials) 1. rth C';,IV of `Fey-4-dn 2. Additional names on page of document. Grantee(s) (Last name first,then first name and initials) 1. 2. Additional names on page of document. Legal description(abbreviated: i.e. lot block,plat or section,township,range) L'.,d-C 5, I1ock �. Additional legal is on page of document. Assessor's Property Tax Parcel Account Number 0 Assessor Tax#not yet assigned 0 `73 9 000105 The Auditor/Recorder will rely on the information provided on the form. The staff will not read the document to verify the accuracy or completeness of the indexing information provided herein. I am requesting an emergency nonstandard recording for an additional fee as provided in RCW 36.18.010. I understand that the recording processing requirements may cover up or otherwise obscure some pare of the text on the original document. Signature of Requesting Party When recorded return to: City of Renton Bonnie Walton, City Clerk 1055 S Grady Way Renton,WA 98057 UNFIT DWELLINGS, BUILDINGS AND STRUCTURES HEARING BEFORE THE DIRECTOR CITY OF RENTON FINDINGS AND ORDER OF THE DIRECTOR OWNER: Luu Le and Khanh Truong 8823 Renton Avenue South, #2 Seattle, WA 98118 LOCATION: 12601 SE Petrovitsky Road, Renton, WA SUMMARY OF REQUEST: Director determined the appropriate disposition of the building located at 12601 SE Petrovitsky Road, in response to the City of Renton Building Official's Unfit Building Complaint, declaring the building an unfit building per Renton Municipal Code Section 1-3- 5. PUBLIC HEARING: After reviewing the City's written request for a hearing, and examining available information on file, the Director conducted a public hearing on the subject as follows: MINUTES The following minutes are a summary of the April 22, 2009 hearing. The legal record is recorded on CD. r ' The hearing opened on Wednesday, April 22, 2009, at 1:05 p.m. in the Council Chambers on the seventh floor of Renton City Hall. Parties wishing to testify were affirmed by the Director. The following exhibits were entered into the record: Exhibit No. 1: The official file, including copies of the formal complaint issued by the Renton Building Official, records of the actions taken by Renton Code Enforcement, records of actions taken by King County Enforcement, photographs of the site, and building and title reports for the property. Parties present: Mark Barber, Senior City Attorney Marilyn Kamcheff, Code Compliance Inspector Donna Locher, Code Compliance Inspector Paul Baker, Lead Code Compliance Inspector Darren Wilson, Code Compliance Inspector Larry Meckling, Building Official Kayren Kittrick, Development Engineering Supervisor Pat Miller, Construction Inspector The Director opened the hearing, noting that the property owner, or any representative of the property owner, was not in attendance. As appropriate legal notice had been provided to the owner of the hearing date and location,the hearing proceeded as scheduled. Mark Barber, Senior City Attorney representing the City in presentation of their case, outlined the applicable code section for Unfit Buildings. The City had responded to complaints received in April 2008 about an abandoned house at 12601 SE Petrovitsky Road, in Renton, WA. The complaints were investigated by City staff, and it was determined that the condition of the house warranted designation as an unfit building, as stipulated in Renton Municipal Code (RMC) 1-3-5. A formal complaint was prepared and issued to the property owners, Luu Le and Khanh Truong, requiring repair or demolition of the house. As stipulated by City code, a hearing was scheduled to determine the appropriate disposition of the structure, and notice was provided as required in RMC 1-3-5. Marilyn Kamcheff, Code Compliance Inspector, City of Renton, 1055 S. Grady Way, Renton, Washington 98057,then provided testimony outlining the history of the investigation for this site, results of the site investigation, results of the title search on the property, and City staff's recommendation on disposition of the building. A complaint was received by the Renton code compliance group on January 7, 2009, of an unfit structure at 12601 SE Petrovitsky Road. Ms. Kamcheff visited the site on January 13, 2009, and found the structure to be in considerable disrepair. The structure was not fit for occupancy, with a partially missing roof, missing sections of siding, and missing doors. The portions of the missing roof left the framework open and exposed to the elements. Electrical services were disconnected from the structure and portions of the siding were missing. The structure also had missing windows and was not secured from entry. Ms. Kamcheff took numerous photos of the structure which are included in the official file for this hearing. An Order to Correct was mailed to the owner, Luu Le, on January 21, 2009. The property owner was given five (5) weeks, until February 27, 2009,to bring the structure into compliance with building standards or to demolish the building. The order to correct compliance date was not met, and no action was taken on the structure by the compliance date. On January 23, 2009, Mr. Le requested an electrical permit for another structure at this address. During this visit to Renton City Hall, Mr. Le talked with Ms. Kamcheff and Kayren Kittrick, Renton Development Engineering Supervisor, about the unfit building violation. Mr. Le advised City staff during this discussion that he did not intend to remove the unfit building in question. On March 25, 2009, a Complaint for Unfit Dwellings, Buildings and Structures was sent to the property owner, Luu Le, by registered mail. The complaint stated that the house located at 12601 SE Petrovitsky Road was an unfit building as set forth in RMC 1-3-5. City of Renton code compliance inspectors inspected the building, and found the building unfit, substandard, and unfit for use as a dwelling in that it lacked the components of a livable dwelling, and that it is unfit for use as a building or structure, in that it had the following conditions: (1) no sanitary sewer service; (2) no water service; (3) no electrical service; and (4) severe roof damage and disrepair or dilapidation. The Complaint for Unfit Dwellings, Buildings and Structures was also posted on the structure, and served by Renton Police Officer James Gould to Mr. Le on March 31, 2009. A title search was conducted for the property,which showed that the property was purchased by Luu Le and Khanh Truong about ten years ago, and that there are no records showing that this property has been sold to another party. Records from King County prior to this area being annexed to the City show an extensive code enforcement violation history with this site under the current owner, dating back to 2003. Violations included junk vehicles, working without a permit, and bulky waste violations. At the conclusion of Ms. Kamcheff's presentation at 1:20 p.m.,the owner or owner's representative still was not in attendance of the hearing. At 1:22 p.m.,the property owner, Luu Le, entered the hearing and introduced himself. The Director advised Mr. Le of the status of the proceedings and the procedures involved with the hearing. The Director further advised Mr. Le that the hearing was the only open record hearing on this matter, and all evidence relevant to the proceedings needed to be presented at this hearing. Mr. Le was also advised of his appeal rights for the eventual Director's Decision following conclusion of the hearing. Larry Meckling, Building Official for the City of Renton,then testified. Mr. Meckling stated that he had inspected the structure, and found it in a state of extreme disrepair. The structure has no power or water service. The building framework has been exposed to the elements for considerable time, resulting in significant water damage. The structure is not secured, is open to the public, and constitutes a possible public hazard in its current condition. He further testified that the structure is not in compliance with building code requirements. The structure cannot be occupied or used in its current condition, and appears to be near collapse. The only value of what remains of the structure is the salvage value of the material. The building is too damaged at this time to be restored to useable conditions by repairs. Mr. Le then testified that he was the owner of the property and structure in question at this hearing. He stated that he had been working with King County staff since 1999 to comply with building violations on the property, including this structure. He said he had encountered problems with the County bureaucracy, such as obtaining health department approval for the septic system on the property. Mr. Le testified that the structure had been in its current condition since he purchased the property about 11 years ago. He has not been able to afford effecting repairs on the structure, but plans to repair the structure in the future. He wants to be able to keep the right to replace the structure with a shop in the same location and with the same existing footprint. The ability to use the structure or at least the current location of the structure for a work shop is important to his intended use of his property. Staff recommendation was presented by Marilyn Kamcheff. Staff requested that the Director confirm the staff determination that this structure was appropriately classified as an unfit building per RMC 1-3-5. Staff also requested the Director to order demolition of the house located at 12601 SE Petrovitsky Road, due to the high cost of repair in comparison to the assessed value of the house. Staff further requested the order to include payment of the fees, including payment for City staff time, allowed by RMC 1-3-5, which totals$1,931.22. Mr. Le further testified that he did not want to remove the structure, and believed that any request or order by the City to demolish the structure was unfair to him. The Director called for further testimony regarding this unfit building complaint. There was no one else wishing to speak, and no further comments from staff. The hearing was closed at 2:10 p.m. FINDINGS, CONCLUSIONS & DECISION Having reviewed the record in this matter,the Director now makes and enters the following: FINDINGS: 1. The City of Renton issued an unfit building complaint to the property owners Luu Le and Khanh Truong for the house located at 12601 SE Petrovitsky Road in Renton, WA. This complaint was sent to the property owner on March 25, 2009. The complaint included notice of the mandated hearing before the director scheduled at Renton City Hall, 7th floor, on April 22, 2009 at 1:00 p.m. The building was posted with a copy of the Complaint for Unfit Dwelling, Building and Structure by Ms. Kamcheff on March 25, 2009. Luu Le was personally served a copy of the complaint by Renton Police Officer Gould on March 31, 2009. 2. An official records file for the unfit building investigation and issuance of a complaint was entered into the record as Exhibit#1. The file contains copies of the formal complaint issued by the Renton Building Official, records of the actions taken by Renton Code Enforcement, photographs of the site, and building and title reports for the property. 3. The subject structure is located at 12601 SE Petrovitsky Road in Renton, WA. The legal description for the property is Lot 5, Block 2, Benson Heights,Volume 48, page 98, as recorded in the records of King County, Washington. The title report prepared for this property shows it is owned by Luu Le and Khanh Truong. 4. The subject building at this location was reported to the City by neighbors as being abandoned and in the state of near collapse. The property owner testified that the structure had been in its current state of disrepair since he purchased the property 11 years ago. 5. Investigation by City staff concluded that the building is in serious disrepair, with a mostly missing roof, numerous missing sections of walls, collapsed gutter system, and open to elements and public entry. The structure is not connected to utility service for water, sewer, or electricity. 6. Based upon the information provided by City investigation, it was City staffs determination that the house was an unfit structure as defined in RMC 1-3-5. CONCLUSIONS: A building is determined to be an unfit building if it meets the following definition from RMC 1- 3-4.A.11.c(22): Any structure, which has been damaged by fire, weather, earth movement, or other causes, and which is not fit for occupation, and has been abandoned or unoccupied by lawful tenants for a period of 90 days, or where the cost of repair exceeds the value of the structure once repaired, or such a damaged structure whose owner shows no intention on completing such repairs within 90 days. Included within this definition shall be any dwellings which are unfit for human habitation, and buildings, structures, and premises or portions thereof which are unfit for other uses due to dilapidation, disrepair, structural defects, defects increasing hazards of fire, accidents, or other calamities, inadequate ventilation and uncleanliness, inadequate light or sanitary facilities, inadequate drainage, overcrowding, or due to other conditions which are inimical to the health and welfare of the residents of the City of Renton. RMC 1-3-5.B.2 provides the standards to be followed in substance by the director or the hearing examiner in ordering repair, vacation, or demolition. These standards are as follows: 1. If the unfit building can reasonably be repaired so that it will no longer exist in violation of the terms of this chapter, it shall be ordered repaired by the Director or, on appeal, by the Hearing Examiner. 2. If the unfit building is in such condition as to make it dangerous to the health, morals, safety or general welfare of its occupants, neighbors or the general public, it shall be ordered to be vacated by the Director or, on appeal, by the Hearing Examiner. 3. If the unfit building is fifty percent damaged or decayed or deteriorated in value it shall be demolished. Value as used herein shall be the valuation placed upon the building or structure for purposes of general taxation. 4. If the unfit building cannot be repaired so that it will no longer exist in violation of the terms of this chapter it shall be demolished. 5. If the unfit building is a fire hazard, existing or erected in violation of the terms of this chapter or any other ordinance of the City of Renton or the laws of the state of Washington, it shall be demolished, provided the fire hazard is not eliminated by the owner within a reasonable time. DECISION: 1. The abandoned structure located at 12601 SE Petrovitsky Road in Renton, WA, is hereby determined to be an unfit building. The building has been abandoned for at least 11 years according to a statement by its owner,with no utility services. The building is in a state of severe disrepair, including a mostly missing roof, missing siding, and exposure of the interior of the building to the elements. The building is in a condition of dilapidation and uncleanliness. City staff testimony indicates that the magnitude of the repairs necessary to restore this building to compliance with applicable building codes would exceed 50%of the assessed valuation for the building. 2. The corrective action required for the abandoned building, located at 12601 SE Petrovitsky Road, is demolition. The property owner is to obtain necessary demolition permits from the City of Renton within 60 days of the issuance of this decision and complete removal of the structure within 90 days of the issuance of this decision. Based upon a decision date of May 13, 2009,the demolition permit must be obtained by the owner on or before July 12, 2009, and the building must be demolished by August 11, 2009. 3. The property owner must pay the City of Renton the fees and costs assessed under RMC 1- 3-5.H, which include staff and legal costs associated with this unfit building complaint. The amount now due to the City is $1931.22, and is itemized as follows: $1,500.00 Per RMC 1-3-5 for Abatement Following the Hearing $ 431.22 Code Compliance Costs $1,931.22 Total This amount is to be paid within 90 days of the issuance of this decision. Based upon a decision date of May 13, 2009,these fees and costs must be paid to the City of Renton on or before August 11, 2009. If these fees and costs are not paid to the City by August 11, 2009, they may be assessed by the City of Renton against the real property as a lien. 4. The structure shall be vacated and secured pending demolition of the house. Following demolition of the building, the area shall be cleared of all debris and unsuitable fill materials then filled and hydro seeded or sodded for permanent restoration of the site. 5. If the conditions of this decision are not completed by August 11, 2009, the City of Renton may proceed with abatement of the unlawful condition. An additional fee of$3,000.00 will be assessed at that time. All costs and expenses incurred by the City in the abatement of this unfit building may be assessed against the real property as a lien unless paid. Actual costs shall include, but are not limited to,the costs of staff time, including overhead, contracted engineering fees or consultants' fees, costs of demolition, removal and restoration, and any attorney's fees incurred in having the structure declared an unfit building. 6. The owner has the right to appeal this decision to the City of Renton Hearing Examiner within 30 days from the date of this decision. Based upon a decision date of May 13, 2009,an appeal must be received by the City Clerk no later than 5:00 p.m.June 12, 2009. Such an appeal must be filed in writing with the City Clerk, accompanied by a filing fee of 575.00. The written appeal must set out the reasons the owner believes the findings or order of the Director to be erroneous. 7. Unless the property owner appeals this decision within the 30 days from the date of this decision or complies with this order,the City shall have the power, without further notice or proceedings,to vacate and secure the building and do any act required of the owner in the order of the Director, and to charge any expenses incurred thereby to the owner and assess them against the property. 8. If no appeal is filed, a copy of this order shall be filed with the auditor of King County, Washington, and shall be a final order. ORDERED THIS 13TH day of May 2009. ♦j f �' V NEIL WATTS, DIRECTOR (Parties of Record and attached exhibits may be viewed in the City Clerk's office along with the official decision.) • TRANSMITTED THIS 13TH day of May 2009 to the following: Luu Le and Khanh Truong (Decision sent by Certified Mail and First Class Mail) 8823 Renton Ave S,#2 Seattle, WA 98118 Mayor Denis Law David Pargas, Renton Fire Dept. Jay Covington, Chief Administrative Officer Larry Meckling, Building Official Julia Medzegian, City Council Liaison Kevin Milosevich, Police Chief Charles Karlewicz, Renton Police Dept. Alex Pietsch, CED Marty Wine,Assistant CAO Renton Reporter LEGAL DESCRIPTION: PARCEL#0739000105 LOT 5, BLOCK 2, BENSON HEIGHTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 48 OF PLATS, PAGE 98, IN KING COUNTY, WASHING; EXCEPT PORTION CONVEYED TO KING COUNTY FOR PETROVITSKY ROAD BY DEED RECORDED UNDER RECORDING NUMBERS 8509051042 AND 8704150444.