2010-05-03 HEX# 10-003 Exhibit FExhibit "F"
CITY OF
Federal Way
Department of Community Development Services
33325 81h Avenue South * PO Box 9718
Federal Way, WA 98063
253-835-2607
www.cilyoffederalway.com
NOTICE OF VIOLATION
WARNING
'BOO G>M
The undersigned City of Federal Way Code Compliance Officer hereby certifies and states that:
Violation Location
30808 28t" Avenue South, Federal Way
File: #08-101739-VO
Property Owner's Name
Roy Swain
Address
30808 28th Avenue South
City/State/Zip
Federal Way, WA 98003
DESCRIPTION OF VIOLATION
A site inspection and review of the state business license records revealed, the business (Earthtech) being
conducted from the RS 7.2 residentially zoned property. The site inspection on April 1.5, 2008, revealed a
new eight (8) foot tall fence and retaining wall built along the side and rear property line. Trucks with
Earthtech logo were seen coming and going from the property during the late afternoon inspection.
Several apparently inoperable vehicles and a truck with landscape waste and trash in the bed were parked
in the rear yard. Vehicles in the front and rear yard were parked outside of a designated driveway or
parking pad.
The conduct of the Home Occupation, Earthtech, eight foot tall fence, retaining wall, storage of solid
waste outside of an approved container, and vehicle parking outside of a designated parking pad or
driveway on the property is in violation of the following Federal Way City Code (FWCC):
1) FWCC Section 22-1068, "Class I Home Occupations
2) FWCC Section 22-1135, "Driveways and Parking Areas"
3) FWCC Section 22-1133, "Structures and Improvements"
4) FWCC Section 22-953, "Junk and Junkyards Prohibited"
5) FWCC Section 22-1453, "Surface Materials"
6) 2006International Residential Code, as adopted in FWCC 5-2, Section R105.1 & Section R105.2
ACTION REQUIRED
Within five (5) business days from the date of this letter you must:
1) Cease conducting the home occupation business (Earthtech) in such a manner that it is in violation of
the home occupation standards in the FWCC. You must cease having employees that are not resident
family members coming to the residence. You must remove the storage of equipment, tools, and
debris associated with the business being stored in the open yard areas. You must limit the number of
persons per day coming to the residence for goods and services to 4.
2) Obtain a City of Federal Way business registration if the business is to continue to be operated from
the residence.
3) You must store all solid waste in approved containers and remove it on a weekly basis.
4) You must cease bringing landscape waste and debris from jobsites home. Open pickup beds are not
approved containers for solid waste, bagged trash or landscape waste.
Doc. I.D. 45527 File #08-101739-VO
5) All vehicles must be parked in a designated driveway or parking pad. Driveways and parking pads
must be comparable or superior to the roadway serving the residence and be located at least five (5)
feet from the property line. Only the first 40 feet of driveway must be surfaced.
6) All inoperable or unlicensed vehicles must be parked in a completely enclosed building or relocated
offsite.
Within (30) days:
You must reduce the height of the fence to six (6) feet above the pre-existing grade and obtain permits for
the retaining wall or remove both of the structures. The zoning code does not allow fences taller than six
feet above the adjacent grade in the five (5) foot required yard setbacks. The retaining wall is currently
supporting a vehicle surcharge and would require a permit regardless of height. You must either obtain a
permit for the retaining wall, or re -configure it to be exempt from a building permit.
Issue Date N/A
Issue Date N/A
A CIVIL INFRACTION CITATION MAY BE ISSUED FOR EACH AND EVERY DAY WHICH THE VIOLATION
CONTINUES BEYOND THE DATE AND TIME ESTABLISHED FOR CORRECTION. THE AMOUNT OF THE PENALTY
FOR EACH CIVIL INFRACTION SHALL BE AS FOLLOWS:
X First violation: $100.00
Second violation: $200.00
Third violation: $300.00
You must call for an inspection to verify compliance and to cease additional legal actions from being
taken to gain compliance.
For tips on how to bring your property into compliance, please contact the following Code Compliance
Officer.
Signed:
Today's Date: June 2, 2008
Name: Cy hia Keirsey, C. .E. .
Phone: 253-835-2631
Title: Code Compliance Officer
Email: cynthia.keirsey@cityoffederalway.com
Doe. I.D. 45527 2 File k08-101739-VO
Federal Way City Code
Section 22-1067, "Purpose"
The purpose of this division is to allow commercial occupations incidental to residential uses to be located
in residences while providing protection to all residents from excessive noise, excessive traffic, nuisance, fire
hazard and other possible effects of commercial uses being conducted in residential areas.
Section 22-1068, "Class I Home Occupation"
(a) A Class I home occupation is permitted if it meets all of the following requirements:
(1) It is carried on exclusively by a family member who resides in the dwelling unit;
(2) It has no outside storage, exterior indication or outside activity;
(3) It uses no heavy equipment, power tools or power sources not common to a residence;
(4) It has no pickup or delivery by commercial vehicles;
(5) It does not include more than four persons per day corning to the subject property for goods or
services;
(6) It creates no noise, dust, glare, vibration, odor, smoke or other impact adverse to a residential area.
(b) A Class I home occupation which does not meet the requirements of subsection (a) of this section may
be approved using process III, if:
(1) It will not harm the character of the surrounding neighborhood;
(2) It will not include outdoor storage and/or operation of building materials, machinery, commercial
vehicles or tools, that will be visible or audible from or have an effect on other properties;
(3) It does not create a condition which injures or endangers the comfort, repose, health or safety of
persons
Section 22-1133, "Structures and Improvements"
No improvement or structure may be in a required yard except as follows:
(1) A driveway and/or parking area subject to the standards of FWCC 22-1135.
(2) Any improvement or structure, other than a driveway and/or parking area, that is not more than four
inches above finished grade may be anywhere in a required setback yard.
(3) An improvement or structure that is not more than 18 inches above finished grade may extend not
more than five feet into a required yard.
(4) Chimneys, bay windows, greenhouse windows, eaves, awnings and similar elements of a structure that
customarily extend beyond the exterior walls of a structure may extend up to 18 inches into any
required yard. The total horizontal dimension of the elements that extend into a required yard,
excluding eaves, may not exceed 25 percent of the length of the facade of the structure from which the
elements extend.
(5) Fences and railings not over six feet in height may be located in required yards subject to the fence
regulations contained within this article.
(6) Rockeries and retaining walls may be located in required yards if:
a. The rockery or retaining wall is not being used as a direct structural support for a major
improvement; and
b. The rockery or retaining wall is reasonably necessary to provide support to a cut or slope.
(7) Signs may be located in required yards subject to provisions of FWCC 22-1596 et seq.
(8) Covered walkways, no more than eight feet wide and 10 feet above finished grade and open along the
sides, are permitted in required yards in commercial, industrial -commercial, and office zones.
(9) In low and medium density residential zones, the applicant may, through process III, request approval
to locate a storage shed in a required yard, except a required front yard. The city may approve the
application if:
a. The proposed structure is no more than eight feet high above finished grade;
Doc. I.D. 45527 3 File N08-101739-VO
b. The maximum length of the facade of the proposed structure parallel to each property line, from
which the required yard is not provided, shall not exceed 10 feet;
c. The proposed structure contains no more than 120 square feet in total area;
d. No reasonable alternative location exists on the subject property due to special circumstances
regarding the size, shape, topography or location of the subject property or the location for legally constructed
pre-existing improvements of the subject property; and
e. Permitting the intrusion onto the required yard will not create a material, negative impact on the
character of nearby residential uses.
Section 22-1135, "Driveways and Parking Areas"
Vehicles may not be parked in required yards except as follows:
(1) Detached dwelling units. The regulations of this section apply to driveways and parking areas for
detached dwelling units.
a. Generally. Vehicles may be parked in the required front and rear yards only if parked on a driveway
and/or parking pad, except as specified in subsection (1)(b) of this section. A driveway and/or parking pad, in a
required front yard, may not exceed 20 feet in width and may not be closer than five feet to any side property
line.
b. Exception. A driveway and/or parking pad in a required front yard may exceed 20 feet in width if:
1. It serves a three -car garage;
2. The subject property is at least 60 feet in width; and
3. The garage is located no more than 40 feet from the front property line.
In addition, a driveway may flare at the front property line to a maximum width of 30 feet.
(2) Attached and stacked dwelling units in residential zones. The regulation of this subsection apply to
driveways and parking areas for stacked and townhouse (attached) dwelling units in residential zones.
a. Parking areas may not be located in required yards.
b. Driveways must be set back at least five feet from each property line, except the portion of any
driveway which crosses a required yard to connect with an adjacent street.
(3) Other uses. Parking areas and driveways for uses other than those specified in subsections (1)(a) and
(2) of this section may be located within required setback yards.
(4) Shared parking. If parking serves two adjacent uses, the parking area may be anywhere in the required
yard between those uses.
(5) Zero lot line townhouse dwelling units and lots in small lot detached development. Parking areas and
driveways for these uses may utilize shared parking and park in required yards as specified in FWCC
22-664,
Section 22-1453, "Surface Materials"
(a) The applicant shall surface the parking areas, driveways and other vehicular circulation areas with a
material comparable or superior to the surface material of the right-of-way providing direct vehicle access to
the parking area.
(b) Single-family residential uses shall surface the first 40 feet of unpaved driveways measured from the
back of the sidewalk or public right-of-way, whichever is greater.
(c) Grass grid pavers may be used for emergency access areas that are not used in required permanent
circulation and parking areas.
Section 22-952, "Junk and Junkyards Prohibited"
It is a violation of this chapter to accumulate junk, or for a property owner or the person in control of
property to allow junk, junked, or inoperable vehicles to accumulate on the subject property. In addition, a
junkyard is not permitted in the city.
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Section 22-1, "Definitions"
Junk means old or scrap metal, rope, rags, batteries, paper, rubber, machinery, scrap wood, debris, trash, or
junked, dismantled, wrecked, or inoperable motor vehicles or parts thereof.
Junk or junked vehicle means any vehicle substantially meeting at least two of the following conditions:
(1) Is extensively damaged, such damage including but not limited to any of the following: a broken
window or windshield or missing wheels, tires, motor, or transmission;
(2) Is apparently inoperable;
(3) Is without a current, valid registration plate.
Junkyard means a property or place of business which is maintained, operated, or used for storing,
keeping, buying, selling, or salvaging junk.
Section 12-22, "Illegal Dumping Prohibited"
It shall be unlawful to deposit, throw, or place any solid waste or source -separated material in any public
street or other public place, or to deposit, throw, or place any solid waste or source -separated material in any
private road, private drive, or on any private property regardless of the ownership [emphasis added].
Section 12-36, "Public Nuisance"
Every person shall have the duty to ensure that solid waste or source -separated material does not
accumulate on or around his or her property in a manner that causes such solid waste or source -separated
material to become a public nuisance both as to the amount of such solid waste or source -separated material, or
the odor emanating from such solid waste or source -separated material. Each container used for the
accumulation of solid waste or source -separated material shall be kept clean inside and out, and the area
around the containers shall be kept in a neat and sanitary condition. The service provider shall provide written
notification to the administrator and the customer concerning any violations of this provision. Any violation of
this provision by a person shall subject the person to penalties described in FWCC 12-21.
Section 22-1112, "Residential Uses"
The purpose of this chapter is to establish standards for outdoor residential uses, storage, and activities
related to motor vehicles and non motorized vehicles. These standards are intended to protect property values
by reducing visual blight, aid in emergency access and fire safety, guard against the creation of rodent and pest
harborage, and reduce the impact on the natural environment from the leaking of motor vehicle fluids.
Outdoor uses, storage, and activities normally associated with a residential use are permitted, unless
otherwise regulated or prohibited by this chapter.
All motor vehicle and non motorized vehicle parking and storage for residential uses containing either
detached or attached dwellings shall be in a garage, carport, or on an approved impervious surface. Non
motorized vehicles may include but are not limited to travel and camp trailers, utility trailers, truck campers,
and boat or vehicle transport trailers. Any garage, carport, or impervious surface used for motor vehicle or non
motorized vehicle parking or storage shall have direct driveway access. This section does not apply to
residential lots containing a detached dwelling unit where the total lot size is 20,000 square feet or more.
However, junked, wrecked, dismantled, or inoperable motor vehicles must lie stored in a completely enclosed
building regardless of the size or zoning designation of the lot [emphasis added].
Section 22-1, "Definitions"
Inoperable motor vehicle shall be any vehicle that has been in a stationary position for more than 14 days,
is apparently inoperable, or requires repairs in order to be operated legally on the public roads, or is unable to
move a distance of 10 feet on level pavement under its own power.
Doe. I.D. 45527 D File #08-101739-VO
2006 International Residential Code
as adopted in FWCC 5-2
Section R105.1, "Permits Required".
Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish or change the
occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any
electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause
any such work to be done, shall first make application to the building official and obtain the required permit.
Section R105.2, "Work Exempt from Permit"
Permits shall not be required for the following. Exemption from permit requirements of this code shall not be
deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code
or any other laws or ordinances of this jurisdiction.
Building:
1. One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses,
provided the floor area does not exceed 120 square feet (11.15 m2).
2. Fences not over 6 feet (1829 mm) high.
3. Retaining walls that are not over 4 feet (1219 mm) in height measured from the bottom of the footing
to the top of the wall, unless supporting a surcharge.
4. Water tanks supported directly upon grade if the capacity does not exceed 5,000 gallons (18 927 L)
and the ratio of height to diameter or width does not exceed 2 to 1
5. Sidewalks and driveways.
6. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work.
7. Prefabricated swimming pools that are less than 24 inches (610 mm) deep.
8. Swings and other playground equipment.
9. Window awnings supported by an exterior wall which do not project more than 54 inches (1372 mm)
from the exterior wall and do not require additional support.
Doc. I.D. 45527 b File #08-101739-VO