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2010-06-02 HEX# 10-005 Exhibit EExhibit "E" Department of Community Development Services 33325 81h Avenue South PO Box 9718 CITY OF Federal Way, WA 98063-9718 Federal Way ram ` 253-8www. it Fax www.cit-2609 vo&ederalway.com �V Y �vwcb•.citvvtfederal�vay.cnm Complaint of Unfit Building Federal Way Revised Code § 1.15.150 The undersigned City of Federal Way Code Enforcement Officer hereby certifies and states that: Violation Location: 37458 18`h Avenue South I Case #: 09-102342-00-VO Owner Name: Helen Christine Mason and Imad Alya Abu Address: .37458 18`h Avenue South City/State/Zip: I Federal Way, WA 98003 is declared to be an Unfit Building in violation of the Federal Way Revised Code (FWRC), FWRC Chapter:1.15 FWRC 1.15.170 (3),(8), & (11), Unfit Buildings and Structures Defined. Specifically: Site inspections by the code enforcement officer on November 10, 2009, and the building inspectors on March 8, 2010, revealed that a basement area room addition and extensions to an existing second story deck have been started without the required permits creating violations of city codes and building standards and unsafe conditions. After review of the pictures and reports from field staff, the Building Official Lee Bailey, has declared this residence to be an unfit building due to the structural defects that exist pursuant to FWRC 1.15.170, Unfit Structures Defined. The construction without permits has compromised the structural integrity of the now occupied house and exterior deck. The current conditions on the property are in violation of the following city codes: • Federal Way Revised Code (FWRC) 1.15.170, 3, 8, 11, "Dangerous or Unfit Buildings or Structures Defined." • Federal Way Revised Code FWRC 7.03.040(13), "Specific Public Nuisance." • Federal Way Revised Code (FWRC) 13.05.070, "Enforcement." • 2006International Residential Code (IRC) R105.1, "Permits Required." • 2006International Residential Code (IRC) R113.1, "Unlawful Acts." ACTION REQUIRED You must vacate the residence for residential living purposes within three (3) days from the date of this hearing. Prior to re -occupation of the residence you must: ■ Submit a letter signed and stamped by a Washington State engineer stating that the Mason home construction projects have been inspected and the home is safe to occupy, for residential living purposes while under construction. Case File 409-102342-00-VO Doc I D 53812 • Submit plans that address the attached corrections that were compiled after the March 8, 2010, inspection by building department staff. Please be advised that submittal of the letter by an engineer as noted in #1 above, does not relieve you of the responsibility to submit plans and obtain the necessary permits in a timely manner. You are hereby notified of a Complaint Hearing before the Federal Way Improvement Officer scheduled as follows: Hearing Date: Wednesday June 2, 2010 Hearing Time: 2:00 PM Hearing Location: Council Chambers / City Hall, 33325 8th Avenue South, Federal Way BY RECEIPT OF THIS COMPLAINT OF UNFIT BUILDING, YOU ARE REQUIRED TO ATTEND A HEARING BEFORE THE FEDERAL WAY IMPROVEMENT OFFICER AT WHICH ALL PARTIES IN INTEREST SHALL BE GIVEN THE RIGHT TO APPEAR IN PERSON, TO BRING WITNESSES, AND TO GIVE TESTIMONY REGARDING THE COMPLAINT. AT ANY TIME PRIOR TO OR AT THE TIME OF THE HEARING, ANY PARTY MAY FILE AN ANSWER TO THE COMPLAINT. ALL RULES GOVERNING THE PROCEDURE OF SUCH HEARING ARE AVAILABLE FOR PUBLIC INSPECTION AT THE FEDERAL WAY DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES. WITHIN TEN DAYS OF THE COMPLAINT HEARING, THE IMPROVEMENT OFFICER SHALL ISSUE A DETERMINATION, FINDINGS OF FACT, AND ORDER STATING WHETHER THE SUBJECT DWELLING, BUILDING, STRUCTURE, OR PREMISES IS UNFIT FOR HUMAN HABITATION OR OTHER USE, FINDINGS OF FACT SUPPORTING THE DETERMINATION, AN ORDER SPECIFYING THE ACTIONS NECESSARY TO ADDRESS ANY UNFITNESS, AND A DEADLINE FOR COMPLETING THE ACTIONS. If you fail to comply with the Determination and Order and no appeals have been filed, the Improvement Officer may order the building to be repaired or demolished. The cost of such action shall be assessed against the subject property as a tax lien, pursuant to RCW Chapter 35.80.030. W Signed: 0 Today's date: May 13, 2010 Name: Cyn is Keirsey, C. .E.O. Title: Code Enforcement Officer Telephone: 253-835-2631 Email:cynthia.keirsey@cityoffederalway.com Case File 009-I02342-00-VO L Doc, I D. 53812 41k CITY OF Federal Way Department of Community Development Services 33325 8 h Avenue South PO Box 9718 Federal Way, WA 98063-9718 www.citvoffederalway.com 1. The interior and exterior bearing footings have been undermined. 2. The foundation wall that supports the garage has been undermined. 3. The first floor on the south side of home has been modified with three openings. The estimate size of the openings are two 9' x8' and one is 3' x7' 4. The deck was not noted as a hazard in the original inspection has been identified as a safety issue. The deck joists are missing beams and post for support. 5. A Washington State engineer shall provide a letter stating that the home is safe to occupy. The letter shall be stamped and sign by the engineer. 6. A building permit will be required for all repairs to the home. The building permit application shall include such items as foundation details, footing repair details, exterior wall repair details and deck joist repair details. Plans showing each of these repairs will be required as part of your building permit application. A copy of submittal requirements can be obtained from the City of Federal Way Community Development Department. 7. A Washington State Engineer will be required to stamp and sign all drawings and calculations that are submitted to the City of Federal Way Building Department. Case File 009-102342-00-VO -5 Doc LD 53812 DECLARATION OF POSTING Mason -Abu / 09-102342-00-VO I, Cynthia Keirsey, declare and state as follows: I am a resident of the State of Washington, over the age of eighteen years, not a party to this action, and competent to be a witness herein. 2. On May 13, 2010, at approximately 9:45 AM, I posted a copy of a Complaint of Unfit Building in the above titled matter: Helen Christine Mason & Imad Ayla Abu 37458 18t" Avenue South Federal Way, WA. 98003 I declare under penalty of perjury under the law of the State of Washington that the foregoing is true and correct. DATED this 13th day of May, 2010, at Federal Way, Washington. CITY OF FEDERAL WAY CODE ENFORCEMNT OFFICER Sign< Lire Cynthia Keirsey Printed Name KACODE COMPLIANCET'indy's form letters�Declaration of Posting CE_doc DECLARATION OF SERVICE BY MAIL HELEN CHRISTINE MASON AND INIAD ALYA ABU COMPLAINT OF UNFIT BUILDING 09-102342-00-VO I, Andrea L. Bykerk, declare and state as follows: I am a resident of the State of Washington, over the age of eighteen years, not a party to this action, and competent to be a witness herein. 2. On May 13, 2010, I sent a copy(ies) of 09-102342-00-VO United States certified mail, postage prepaid, return receipt requested, to the following at his/her last known address: Helen Christine Mason and Imad Alya Abu 3 745 8 18' Ave S Federal Way, WA 98003 I declare under penalty of perjury under the law of the State of Washington that the foregoing is true and correct. DATED this 13 day of May 2010 at Federal Way, Washington. CITY OF FEDERAL WAY CODE ENFORCEMNT OFFICER ignature Ari r o,- e'rfL Andrea L. Bykerk, Office Techiliclan II Department of Community Development Sen-ices 33325 S'h Avenue South '� PO Box 9718 CITY OF -s x;_.. =_ Federal Way, WA 98063-9718 Fe253-835-2607; Fax 253-835-2609 die-, ra I Way�v v.cayaffederahiay,com Complaint of Unfit Building COP Federal Way Revised Code § 1.15.150 The undersigned City of Federal Way Code Enforcement Officer hereby certifies and states that: Violation Location: 37458 18`' Avenue South Case #: 09-102342-00-VO Owner Name: Helen Christine Mason and Imad Alya Abu Address: 37458 18'h Avenue South City/State/Zip: Federal Way, WA 98003 is declared to be an Unfit Building in violation of the Federal Way Revised Code (FWRC), FWRC Chapter:1.15 FWRC 1.15.170 (3), (8), & (11). Unfit Buildings and Structures Defined. Specifically: Site inspections by the code enforcement officer on November 10, 2009, and the building inspectors on March 8, 2010, revealed that a basement area room addition and extensions to an existing second story deck have been started without the required permits creating violations of city codes and building standards and unsafe conditions. After review of the pictures and reports from field staff, the Building Official Lee Bailey, has declared this residence to be an unfit building due to the structural defects that exist pursuant to FWRC 1.15.170, Unfit Structures Defined. The construction without permits has compromised the structural integrity of the now occupied house and exterior deck. The current conditions on the property are in violation of the following city codes: ■ Federal Way Revised Code (FWRC) 1.15.170,.3, 8, 11, "Dangerous or Unfit Buildings or Structures Defined." ■ Federal Way Revised Code FWRC 7.03.040(13), "Specific Public Nuisance." • Federal Way Revised Code (FWRC) 13.05.070, "Enforcement." • 2006International Residential Code (IRC) R105.1, `-Permits Required." • 2006International Residential Code (IRC) Rl 13.1, "Unlawful Acts." ACTION REQUIRED You must vacate the residence for residential living purposes within three (3) days from the date of this hearing. Prior to re -occupation of the residence you must: Submit a letter signed and stamped by a Washington State engineer stating that the Mason home construction projects have been inspected and the home is safe to occupy, for residential living purposes while under construction. Case File #09-102342-00-VO Doc LD 53812