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HomeMy WebLinkAboutGill Code Compliance Decision BEFORE THE HEARING EXAMINER OF RENTON REPORT AND DECISION—APPEAL OF FINDING OF VIOLATION AND ORDER TO CORRECT (CODE19-000137) FILE NUMBER: CODE-20-00019 SITE OF VIOLATION: 18616 102"d Ave. SE Renton, WA 98055 PROPERTY OWNER: Gurmit and Mohinder Gill 19314 138th Ave SE Renton, WA 98058 REVIEW AUTHORITY: City of Renton TYPE OF CASE: Finding of Violation, RMC 4-4-085D4 — Maximum Number of Vehicles Per Lot and RMC 6-1-3 Outdoor Storage of Junk/Inoperable Vehicle DISPOSITION: Appeal Denied. $500 fine suspended and waived upon abatement of violations by March 31, 2020. INTRODUCTION Mr. Gill appeals a Finding of Violation asserting that he has stored inoperable vehicles on his property in violation of RMC 6-1-3 and he has stored more than four vehicles on this property in violation of RMC 4-4-085D4. The cited code violations are found to have been committed and are sustained. The Finding of Violation assesses a $500 fine for the violation. That fine will be waived if the violations are abated as specified in the corrective action identified in the Finding of Violation by March 31, 2020. The violations were committed by tenants of Mr. Gill's property. Mr. Gill does not contest that the violations occurred on his property, but rather that he was not given any prior notice of the violations in time to address them as the property's landlord. Unfortunately, the property has undergone on-going similar noncompliance issues over the last several years, despite long-standing efforts of the City to work with Mr. Gill in abating them. For these reasons, it was not unreasonable for the City to issue the Finding of Violation without any prior notice. However, at hearing the City agreed to waive the $500 fine imposed by the Notice of Violation if Mr. Gill has the violations abated by March 31, 2020. The $500 fine will be waived under the terms agreed to by the City. Gill Code Enforcement- 1 TESTIMONY Donna Locher, City of Renton Code Enforcement Officer, noted that Exhibit 7 are photographs of the property taken the day of the hearing. She noted that Mr. Gill and she go way back. At the time she wrote the Finding of Violation the vehicles did not have current license plates. The license plates she could see on the day of hearing were now current, but there are vehicles stored in the back of the property from which the license plates cannot be seen. There are still more than four vehicles on the property. A new code provision recently went into effect that authorizes the issuance of permits for more than four vehicles if certain conditions are met, such as having more than four drivers residing on the property. Ms. Locher noted she's been trying for two years to bring the property into compliance. Mr. Gill has kept in touch with her and worked with her and the number of vehicles were reduced, but then the tenant brought in a bunch more vehicles and now again she's working with Mr. Gill to reduce the number of vehicles. The Notice of Violation under appeal was spurred by a complaint from a Renton police officer, who noted that the City had received a 911 call complaining about nine vehicles on the Gill property with people living in campers and the vehicles were not moving. Ms. Locher asked Mr. Gill if the motor home currently on the property operates and affirmed it could be driven down the street. Ms. Locher pointed out that the last time she'd inspected the motorhome there were cats living in it and that the rocks on the bumpers of the motorhome have not moved. Mr. Gill responded that he observed his tenant start the engine of the motor home. In response to Examiner questions, Ms. Locher stated that Mr. Gill has had a 2-3 tenants on the property since she's worked with him and the vehicle violations have never been fully abated. The property at one point looked good but was not totally legal, and then the tenant brought in several more vehicles. She had met with Mr. Gill weekly to inspect the property for several months. Ms. Locher noted that photographs in the record depicting vehicles in the road were not counted towards the number of vehicles in violation. The eight vehicles listed in exhibit 1 as not having licenses on January 24, 2020 were all located on Mr. Gill's property. Mr. Gill confirmed he and Ms. Locher have worked hard at trying to get his tenants into compliance and they had come close, but then a relative of one of his tenants brought in a bunch of additional vehicles. He said he never got any notice of the allegations in the Notice of Violation under appeal. He hadn't been aware that his tenants brought the additional vehicles on the property and had no prior opportunity to correct it. Everything was gone before that — he had told his tenants he would have any illegal vehicles towed and that all vehicles must be licensed. He wants to work with Ms. Locher and has a good relationship with the City. It's hard to find good tenants. In response to examiner questions, Mr. Gill confirmed that on January 24, 2020 there were eight unlicensed vehicles on his property. He saw them himself. He bought the property in 2014 and was first told of the vehicle problems on his property around 2017. He said there has been a lot of effort to bring the property into compliance, but that the tenants or their friends keep bringing more stuff. The January 24, 2020 violation was caused by the tenant's brother and the first time he learned about it was when he received the Notice of Violation. Mr. Locher noted that some of the vehicles were there before the tenant's brother brought more and some were not. The motorhome has been there for years and has not moved and has been licensed. Gill Code Enforcement-2 She has worked with Mr. Gill since about 2014. She identified that on the date of the hearing at least four cars in the back of the property in addition to the four visible in the front. Mr. Gill stated he could have the property abated by March 31, 2020. EXHIBITS The staff's exhibit list identifying 7 exhibits were admitted as Ex. 1-7 during the February 25, 2020 hearing. Exhibit 1: January 28, 2020: Code Compliance Narrative Exhibit 2: January 7,2020: Police Department Request to Inspect&January 13, 2020, Photos Exhibit 3: January 13 & 14, 2020: WA State Department of Licensing Information Exhibit 4: January 14, 2020: Finding of Violation Issued for$500. 00 Exhibit 5: January 21, 2020: Email &Appeal Paperwork Received Exhibit 6: January 24, 2020:New Complaint Received Exhibit 7: February 25, 2020: Photographs of the site taken on February 25, 2020 FINDINGS OF FACT 1. Violation Site. The violation site is located at 18616 102nd Ave SE. SE, Renton, WA 98058. The property is owned by Gurmit and Mohinder Gill, who do not reside at the violation site, but have tenants on the property. 2. Finding of Violation. A Finding of Violation ("FOV") dated January 14, 2020 was sent certified mail to Mr. Gill. Mr. Gill signed for the mail delivery on January 18, 2020. The FOV alleges violations of RMC 4-4-085D4 for maximum number of vehicles per lot and RMC 6-1-3 for junk/inoperable vehicles. (Exhibit 4) 3. Code Compliance History. The property has had ongoing similar noncompliance issues, Junk/Inoperable vehicles, since 2014. There have been long standing efforts of the city to work with Mr. Gill in abating these violations 4. Hearing. A hearing on the subject appeal was held on February 25, 2020. 5. On January 7, 2020, City of Renton Code Enforcement Officer Donna Locher, received an email from Renton Police Officer, Christopher Cramer. Officer Cramer informed Ms. Locher that a 911 call had come in that day. According to the 911 reporting party, there were about 9 vehicles parked on the subject property. There were people living on the property in campers and not moving the vehicles. (Exhibit 2) 6. On January 8, 2020, Mr. Gill wrote a handwritten letter to Ms. Locher referencing Case#17- 000015. Mr. Gill states that on January 7, 2020, he went to his rental property and observed extra vehicles parked by the yard around the house. Mr. Gill's tenant had allowed the vehicles to be parked on the property. Mr. Gill asked permission to have until February 15, 2020 to remove the vehicles. (Exhibit 5). Gill Code Enforcement-3 7. On January 13, 2020, Renton Code Enforcement Officer Donna Locher made a site visit to the subject property. Ms. Locher observed at least eight (8) vehicles all located on Mr. Gill's property. Ms. Locher noted that the photographs (Exhibit 2) taken at the site visit depicting vehicles in the road were not counted towards the number of eight (8) vehicles on Mr. Gill's property. The eight vehicles listed in Ms. Locher' Code Compliance Narrative (Exhibit 1) as not having licenses on January 13, 2020 were all located on Mr. Gill's property. Ms. Lochner observed five (5) inoperable vehicles during her site visit. 8. Ms. Lochner contacted the Washington State Department of Licensing and requested certified copies of registration for five (5) inoperable vehicles she observed on her January 13, 2020 site visit. The Washington State Department of Licensing confirmed through certification that the following vehicles observed by Ms. Lochner on Mr. Gill's property had expired registrations and were not license on January 13, 2020 (Exhibit 3): Beige motor home WA license#BAJ1042 expired June 2018 Green van WA license# BDH4987 expired January 2019 Red Firebird WA license#259ZXF expired June 2019 White truck WA license# C24240L expired September 2019 Red Ford pickup truck WA license#B99691 L expired June 2019 9. On January 14, 2020, a Finding of Violation for $500 was issued ($250 for each violation) for the violation Ms. Locher had observed on Mr. Gill's property on January 13, 2020. In the Finding of Violation, Ms. Lochner identifies at least 8 vehicles on the property and the five (5) inoperable vehicles with.expired registrations on the property. The compliance date or date to appeal the fine was set for January 29, 2020. 10. On January 21, 2020, there was an email exchange between Ms. Locher and Mr. Gill. Ms. Locker advised Mr. Gill there was another complaint regarding his property and that the property is getting worse, not better. In response, Mr. Gill wanted to know if there was a new violation and referred to a handwritten letter dated January 8, 2020 that he sent to Ms. Locher where he requests an abatement date of February 15, 2020. (Exhibit 5) 11. On January 23, 2020, Renton received an appeal notice from Mr. Gill. (Exhibit 5) 12. Ms. Lochner has worked with Mr. Gill in the past to abate violations on his property. Ms. Locher has been trying for two years to bring the property into compliance. Mr. Gill has kept in touch with her. For several months, Ms. Locher had been meeting with Mr. Gill weekly. A number of vehicles were removed at one time, but a tenant brought more vehicles back onto the property. 14. On the day of the Hearing, February 25, 2020, Ms. Locher went to Mr. Gill's property and took photographs. Ms. Locher noticed that some of the vehicle plates that were expired on January 13, 2020 were now current. On February 25, 2020, Ms. Locher identified at least four (4) vehicles in the back of the property, and four(4)vehicles in the front of the property for a total of eight (8) Gill Code Enforcement-4 15. Mr. Gill has had 2-3 tenants on the property since Ms. Locher started to work with him. The vehicle violations have never been fully abated. Mr. Gill did not contest the violations. Mr. Gill stated that he could have the property abated by March 31, 2020. 16. During the testimony of the Hearing on February 25, 2020, both Ms. Locher and Mr. Gill referred to the Finding of Violation date as January 24, 2020, when it was in fact January 13, 2020. Despite the discrepancy in the testimony and physical evidence, under the preponderance of evidence standard, eight (8) vehicles and five (5) inoperable vehicles where observed on Mr. Gill's property on January 13, 2020. The violations were most likely present on January 24, 2020 as Mr. Gill confirmed that on that date, he saw them himself. CONCLUSIONS OF LAW 1. Authority of Examiner: The Hearing Examiner has the authority and jurisdiction to review code violations as provided in RMC 1-3-2. 2. Code Violations: The Finding of Violation of this case (Exhibit 4) is based upon the alleged violations of RMC 6-1-3 and 4-4-085D4. The applicable criteria are quoted below in italics with accompanying Conclusions of Law that apply those criteria to the Findings of Fact made above. VIOLATION 1 RMC 6-1-3(BI: Junk Vehicle or Vehicle Hulks on Private Property Regulated): A. It shall be unlawful to store, maintain, keep or retain: a junk, wrecked, dismantled or an apparently inoperable vehicle, vehicle hulk, or any part thereof on private real property in the City of Renton. B. The storage, maintenance or retention of junk, wrecked, dismantled or an apparently inoperable vehicle, vehicle hulk, or any parts thereof on private real property in the City is hereby declared to be a public nuisance and subject to abatement in accordance with this Chapter and RMC 1- 3- 3, as now worded or hereafter amended. 3. Violation Found. The five (5) vehicles on Mr. Gill's property noted in Finding of Facts 7 and 8 qualify as inoperable vehicles because their registrations were expired on January 13, 2020 as confirmed by the Washington State Department of licensing. As determined in Finding of Fact No. 7 and 8, these five (5) vehicles were stored at the violation site on January 13, 2020 and observed by Ms. Locher. Since Mr. Gill owns the violation site, he is in violation of RCW 6-1-3(B), which as quoted above provides that such vehicles are nuisances subject to abatement. RMC 6-1-2 defines an inoperable vehicle to include vehicles that cannot be lawfully operated upon Gill Code$nforcement-5 public roads. Since Mr. Gill's vehicles are unlicensed, they cannot be lawfully operated upon public roads and qualifies as inoperable vehicles. RMC 4-4-085D4:Maximum Number of Vehicles per Lot: A maximum of four (4) vehicles, not including motorcycle or mopeds, may be parked on a lot unless vehicles in excess of the allowed number are kept within an enclosed building. Additional vehicles may be allowed if: a. More than four(4) licensed drivers reside at the same address, an additional motor vehicle for each licensed driver over four(4) may be parked at that particular address,provided that each licensed driver and said vehicle are registered to the same address; or b. An Additional Vehicles Permit is obtained(see RMC 4-9- 105). 4. Violation Found. The eight (8) vehicles observed on Mr. Gill's property on January 13, 2020 set forth in Finding of Facts 7 and 8, exceed the maximum allowed four (4) vehicles allowed. Ms. Lochner observed at least eight (8) vehicles all located on Mr. Gill's property, not including those vehicles that were parked in the"street. As determined in Finding of Fact No. 7 and 8, these eight (8) vehicles were stored at the violation site on January 13, 2020. Since Mr. Gill owns the violation site, he is in violation of RMC 4-4-085D4 DECISION The appeal is denied. Payment of the $500 fine imposed by the FOV. If Mr. Gill has the violations abated by March 31, 2020,the $500 fine will be waived under the terms agreed to by the City. ORDER TO CORRECT This corrective action identified in the Finding of Violation is adopted as an Order to Correct pursuant to RMC 1-3-2(B)(6). The corrective action must be completed by March 31, 2020. • Failure to correct as ordered shall subject the Appellant to criminal prosecution authorized by RMC 1-3-2(F)(2). Failure to comply with an Order to Correct can be prosecuted as a misdemeanor. The maximum penalties for a misdemeanor are 90 days in jail and$1,000 in fines. Decision and Order issued March 2, 2020. Gill Code Enforcement-6 Phi A.Olbrechts Hearing Examiner NOTICE OF RIGHT TO APPEAL Appeal to Superior Court.An appeal of the decision of the Hearing Examiner must be filed with Superior Court within twenty-one calendar days, as required by the Land Use Petition Act, Chapter 36.70C RCW. Gill Code Enforcement-7 Code Enforcement Decision-- 8