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HomeMy WebLinkAbout9-6-2022 - HEX Decision Curwood Violation No. 2 BEFORE THE HEARING EXAMINER OF RENTON REPORT AND DECISION – APPEAL OF FINDING OF VIOLATION FILE NUMBER: CODE-18-000093 SITE OF VIOLATION: 17240 116TH Ave. SE Renton, WA 98058 PROPERTY OWNER: Robert Curwood 17240 116TH Ave. SE Renton, WA 98058 REVIEW AUTHORITY: City of Renton TYPE OF CASE: Finding of Violation asserting RMC 8-1-4(E) – Unlawful Storage of Bulky Waste; RMC 4-5-130(B)(4) – Outdoor Storage Violations DISPOSITION: Appeal Denied. $500 fines and corrective action due October 12, 2022. Corrective action entails disposal of bulky and confinement of outdoor storage to 200 square feet in backyard. INTRODUCTION Mr. Curwood has been charged with violating RMC 8-1-4(E) and RMC 4-5-130(B)(4) for outdoor storage violations associated with an on-going yard/garage sale. The appeal is denied and Mr. Curwood is found in violation of both code provisions. The $500 fine and corrective action is due by October 12, 2022. Failure to correct by the October 12, 2022 deadline shall subject Mr. Curwood to criminal prosecution. TESTIMONY Cynthia Moya, Asst. City Clerk, testified she had sent a letter to Mr. Curwood providing notice of the August 16, 2022 hearing date. Ms. Moya testified under oath that she had mailed out Mr. Curwood’s scheduling letter, Ex. 8, on July 21, 2022. The Appellant did not appear. Patricia Kent, Asst. City Attorney, testified that the City preferred to proceed with the hearing rather than continue since Mr. Curwood’s hearing had been continued multiple times. EXHIBITS The staff’s exhibit list identifying seven exhibits were admitted as Ex. 1-7 during the August 16, 2022 hearing date. The scheduling letter for the August 16, 2022 hearing was admitted as Exhibit 8. Mr. Curwood’s written appeal was admitted as Exhibit 9. FINDINGS OF FACT 1. Violation Site. The violation site is a single-family residence located at 17240 116TH Ave. SE, Renton, WA 98058. The property is owned by Robert Curwood, who resides at the violation site. 2. Finding of Violation. A Finding of Violation Second Notice (“FOV”) was issued on November 22, 2021. The record does not identify when the FOV was mailed. The FOV was improperly labelled and is accurately referenced as the Third Notice of Violation in the City’s code compliance narrative, Exhibit 1. Mr. Curwood filed an appeal to the FOV on December 8, 2021. 3. Failure to Appear at Hearing. Mr. Curwood failed to appear at his hearing on August 16, 2022. Mr. Curwood was mailed notice of the hearing by letter dated July 21, 2022 on that date. CONCLUSIONS OF LAW 1. Authority of Examiner: The Hearing Examiner has the authority and jurisdiction to review code violation as provided in RMC 1-3-2. 2. Appeal Denied; Violations Sustained. RMC 1-10-5C2 provides that any party who does not appear at a hearing forfeits the right to challenge a notice of violation, and the notice of violation shall be deemed final as against that party. The FOV asserts violations of RMC 8-1- 4(E) and RMC 4-5-130(B)(4) with fines totaling $500. The violations and fines are sustained for failure to appear. DECISION The appeal is denied. Payment of the $500 fine imposed by the FOV under appeal is due by October 12, 2022. The following two corrective actions must also be completed by October 12, 2022: 1. Remove and properly dispose of all bulky waste stored outdoors on the violation site. Bulky waste is defined by RMC 8-1-2 as follows: Large items of solid waste, including but not limited to items such as furniture; large household appliances, including but not limited to refrigerators, freezers, ovens, ranges, stoves, dishwashers, water heaters, washing machines, or clothes dryers; junk vehicles, vehicle hulks or any parts thereof as defined in RMC 6-1-2, as now worded or hereafter amended; and any other oversized solid wastes which would typically not fit into or be permitted for collection as garbage in garbage cans. 2. Consolidate outdoor storage to an area no larger than 200 square feet in the back yard area and remove items from the front and side yards Failure to correct as ordered shall subject the Appellant to criminal prosecution authorized by RMC 1-10-7A. 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 issued September 6, 2022. 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.