2010-06-02 HEX# 10-005 Staff Report41k
CITY OF
Federal Way
STAFF REPORT
TO THE IMPROVEMENT OFFICER
MASON / ABU
STRUCTURALLY UNSAFE SINGLE FAMILY DWELLING AND DECK
HEARING DATE: Wednesday, June 2, 2010
HEARING TIME: 2:00 PM
HEARING LOCATION: City of Federal Way
Council Chambers
FILE NUMBER: 09-102342-00-VO
NOTIFICATION: 1) Property in violation Posted 5-13-2010
2) Certified Mail to property owner's address, 5-13-2010
VIOLATION LOCATION: 37458 18th Avenue South
Parcel # 721266 0100
OWNERS NAME: Helen Christine Mason & Imad Ayla Abu
MAILING ADDRESS: 37458181" Avenue South
Federal Way, Washington 98003
CODE VIOLATION: FWRC 1.15.170, Section 3, 8, 11, Unfit Buildings & Structures defined.
STAFF: Cindy Keirsey, Code Enforcement Officer
EXHIBITS: A) King County Tax Record
B) Notice to Cease Activity dated 7-13-2009, w / declaration of personal service
C) Notice of Violation Warning letters dated 11-23-2009 and 3-10-2010
D) Letter granting extension of time
E) Complaint of Unfit Building w, Declaration of Posting & of mailing via
certified mail
F) Memorandum to King County Auditor & King County Recorder
G) Copy of application submittal received in the mail on March 2, 2010
H) Federal Way Revised Code Sections
1) Photo Exhibits dated 11-10-09 taken by Cindy Keirsey and Photo exhibits
dated 3-8-2010 taken by Scott Sproul
J) Power point slides numbered 1-14
BACKGROUND:
On June 23, 2009, a complaint was received by city staff regarding work in the basement without
building permits. After several attempts to gain access to the property, the building inspector Clark
Watters issued a Notice to Cease Activity to Christine Mason via personal service on July 13, 2009.
Plans were not submitted or permits obtained as requested on the Notice to Cease Activity and the
case was sent to Code Enforcement Officer Cindy Keirsey in November of 2009. The family did
comply by ceasing all construction on the project.
Between November of 2009 and March 10, 2010, two warning letters and a written extension of time
were given to the Mason/Abu family by Code Enforcement and yet no permits have been obtained.
The following is a timeline of events from the inspector notes beginning in November of 2009
• November 10, 2009, A site inspection was done by Code Enforcement Officer Cindy
Keirsey.
• November 23, 2010, Warning letter was sent by Code Enforcement Officer Cindy
Keirsey.
• January 28, 2010, A written extension of time was granted until March 1, 2010, to submit
plans.
• March 2, 2010, The counter staff received a sketch drawing of the replacement wall with
a check for $64.58. (see Exhibit "G ") After a discussion with Scott the plans examiner, I
phoned and spoke to Christine Mason. She was advised that structural plans stamped by a
design professional would need to be submitted. A civil infraction is being issued. She
had been told by Clark Watters in person and in writing that the structural plans would
need to be stamped by a licensed engineer. She was advised that the check would be
shredded and the submittal was not acceptable. Mr. Abu, Christine's husband came into
the counter. A meeting was set up with Scott in the building dept. The civil infraction was
not issued.
• March 8 & 9, 2010, Two meeting were held in city hall with Imad Abu and Scott Sproul
in the building department to sort out the work that was done and what permits would be
needed. Imad Abu agreed to allow a site inspection that took place on March 8, 2010,
with Plans Examiner Scott Sproul and Chuck Wilson, Combination Building Inspector.
• March 10, 2010, A second Warning letter was sent advising the Mason/Abu family that
the residence and deck were being declared unfit structures by the building official. The
warning letter again requests that a structural engineer be hired to review the building and
submit documentation to the city staff within 15 days for continued occupancy and within
20 days to begin the permitting process.
• April 5, 2010,1 phoned and left a message and inquiry for Christine Mason to determine
the status of the family's efforts to comply and for the permit application.
• April 7, 2010,1 received an e-mail from Christine Mason advising me that they did not
agree with the city and asking what the hearing date is.
• April 13, 2010 Complaint of Unfit Structures served via posting and mailing by certified
mail.
• May 5, 2010 at 3:00 PM, The unfit building hearing was scheduled for this date and time.
• April 30, 2010, The hearing was cancelled by city staff and the Mason Abu family was
notified of the cancellation.
• May 13, 2010, A new Complaint of Unfit Building was posted on the property and
mailed via certified mail. The new hearing date was confirmed for a hearing on
Wednesday,
June 2, 2010 at 2:00 PM.
VIOLATIONS:
According to FWRC 1.15.170, "Buildings or structures which have any or all of the following defects
shall be deemed `dangerous or unfit buildings or structures':
3) Those which have improperly distributed loads upon the floors or roofs or in which
the same are overloaded, or which have insufficient strength to be reasonably safe for
Staff Report to the Hearing Examiner Page 2
File #09-102342-VO Doc. I.D. 53751
the purpose used;
The changes to structural bracing on the exterior bearing wall of the residence with a
two story floor load above it create undue structural hazards. This structure has an
engineered floor system that connects with a bearing wall. These walls have been
compromised by undermining of the footings and alteration of the shear walls. The large
openings are located at both corners of the braced wall which is of particular concern. See
picture exhibit on the power point slides #2 & 3 in power point Exhibit "J".
• The extension to the existing second story deck has been altered without plans, permits or
inspections and as constructed the deck is unsafe.
• The undermining of the residence foundation supporting bearing walls by the removal of
native soil creates a structural hazard for the two story structure that is bearing on this
foundation. See slide # 6 in the power point pictures Exhibit ` J".
• The addition of a support beam below an engineered floor system in a location that was
not in the original design likely either does not properly carry the load or compromises
the floor system design and structural strength. See slide # 9 in the power point pictures
Exhibit `J".
(8) Those which have parts thereof which are so attached that they may fall and injure
members of the public or property;
• The lack of bracing, and supports for the girder beams on the exterior deck creates
serious structural defects that could cause the deck to collapse. See slides #4 & 5 in the
power point pictures exhibit J".
(11) Those which in whole or in part are erected, altered, remodeled or occupied
contrary to the ordinances adopted by the city;
The presence of structural alterations to the shear walls, removal of soil away from
the foundation, structural changes and extension of an exterior deck that was done
without required building permits creates two structures that have been altered and
remodeled contrary to ordinances adopted by the City. The construction without
permits created conditions that could contribute to failure of the structural elements
of the residence and deck over time. All construction in question was performed
without permits, plan approval or inspection.
CONCLUSIONS:
The Mason/ Abu family has been notified by city staff that permits were needed for the basement
addition and changes to the exterior deck. After a recent site inspection by the city plans examiner
and building inspector it was discovered that the structural changes were more serious than
originally found. It has been over nine months, since July 13, 2009, that the first written notice
was given to Christine Mason and yet no structural reports have been received.
The building official or his or her designee may issue a complaint conforming to the provisions of
the RCW 35.80.030, stating in what respects such dwelling, building, structure or premises is
unfit for human habitation or other use. In determining whether a dwelling, building, structure, or
premises should be repaired or demolished, the Building Official shall be guided by the Federal
Way City Code, specifically, FWRC 1.15.180, and such other codes adopted pursuant to the
Federal Way City Code as the Building Official deems applicable, in particular the most recent
edition of the International Property Maintenance Code.
Staff Report to the Hearing Examiner Page 3
File #09-102342-VO Doc. I.D. 53751
Since the structural violations were created from new construction and not lack of maintenance
issues, the violations primarily come from the 2006 edition of the International Residential Code
and the 2006 International Building Code which are the Code editions in place during the
violation period.
The building official has determined that the structure is not 50% damaged and not subject to
demolition. The building official has determined that the structure has significant structural
hazards that, due to the extent of the hazards, require the residence and deck to be vacated until
the structures are assessed and then repaired.
REQUESTED ACTION:
THE CITY REQUESTS THAT IMPROVEMENT OFFICER UPHOLD THE CITY'S DECISIONS AS
FOLLOWS:
1) The Mason/Abu family 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.
2) The Mason/ Abu family must submit engineered plans that address the attached
corrections that were compiled after the March 8, 2010, inspection by building
department staff. The submittal of the letter by an engineer as noted in #1 above
does not relieve them of the responsibility to submit plans and obtain the necessary
permits within 30 days.
3) Once the permit is issued, the work must commence within 10 days from the permit
issuance and be completed within 60 days.
SUBMITTED BY:
Cindy Keirsey, Code Compliance Officer
Oral testimony will be given by:
R. Lee Bailey, CBO Building Official
Scott Sproul, Acting Assistant Building Official and Plans Examiner
Staff Report to the Hearing Examiner Page 4
File #09-102342-VO Doc. I.D. 53751