Notice of Violation
City of Yelm
Community Development Department
105 Yelm Avenue West
P.O. Box 479
Yelm, WA 98597
December 5, 2006
Teresa Mendes
109 93rd Ave. SE, Unit A
Yelm, WA 98597
Re: U-Haul Truck and Trailer Site Plan Review Application
Dear Ms. Mendes:
On August 21, 2006, the Community Development Department received an application for Site Plan Review for the above referenced project. On September 12, 2006, we informed you that the
application submittal was not complete and further information was required.
NOTICE IS HEREBY GIVEN pursuant to Section 1.16.040 YMC that your use of property at 105 Yelm Avenue West is in violation of the Yelm Zoning Code, Title 17 YMC.
ALLEGATIONS OF FACT
1. Violet Late owns or controls real property within the City of Yelm, identified by tax parcel number 00000000000 and described as lots 3 through 6 of Block 14 of Solberg’s First Addition
to Yelm and located at 105 Yelm Avenue West.
2. On or before June 28, 2006, the residential dwelling unit on the subject property was converted to a professional office containing the offices of Fly-By-Night Contractors, LLC.
3. Although the subject property is identified by the Yelm Zoning Code as being within the Central Business District zoning district, which allows professional offices, Section 17.84.010
(A) YMC requires site plan review approval prior to the use use of land or buildings for the location of any commercial, industrial, or public building or activity.
4. Section XXX of the International Building Code, adopted by the City of Yelm through Section 15.08.010 YMC, requires the issuance of a building permit prior to the converstion of a
residential building to an office building.
5. Site plan review approval and a building permit were not obtained by the property owner prior to converstion of the home to a professional office.
6. On June 28, 2006, Larry Hanson, Code Enforcement Officer for the City of Yelm, sent a letter of correction to the property owner. No action has been taken by the property owner between
the date of the letter of correction and the date of this notice of violation to bring the property into compliance.
ALLEGATIONS OF LAW
A. The above described real property is within the City of Yelm.
B. The above described development is in violation of the Yelm Zoning code and Yelm Building Code.
C. The property owners failed to comply with a letter of correction issued by Larry Hanson, Code Enforcement Officer
IT IS ORDERED THAT Violet Late or any other person acting as her employee or agent shall submit a complete site plan review application and complete building permit application to the
Community Development Department no later than August 9, 2006.
Failure to comply with the terms of this notice of violation may result in further actions by the City of Yelm, including, but not limited to the issuance of civil penalties of up to
$250.00 per day of violation or further enforcement action through a court of compentent jurisdiction.
Signed in Yelm, Washington this 19th day of July, 2006.
Larry Hanson, Code Enforcement Officer
Community Development Department
Grant Beck, Director
Community Development Department
City of Yelm
Community Development Department
105 Yelm Avenue West
P.O. Box 479
Yelm, WA 98597
Voilet Late
105 Yelm Avenue West
Yelm, WA 98597
NOTICE IS HEREBY GIVEN pursuant to Section 1.16.040 YMC that you have incurred, and there is now due and payable from you, a penalty in the amount of two hundred and fifty dollars ($250.00)
for undertaking activity at your use of property at 105 Yelm Avenue West in violation of the Yelm Zoning Code, Title 17 YMC.
ALLEGATIONS OF FACT
1. Violet Late owns or controls real property within the City of Yelm, identified by tax parcel number 00000000000 and described as lots 3 through 6 of Block 14 of Solberg’s First Addition
to Yelm and located at 105 Yelm Avenue West.
2. On or before June 28, 2006, the residential dwelling unit on the subject property was converted to a professional office containing the offices of Fly-By-Night Contractors, LLC.
3. Although the subject property is identified by the Yelm Zoning Code as being within the Central Business District zoning district, which allows professional offices, Section 17.84.010
(A) YMC requires site plan review approval prior to the use use of land or buildings for the location of any commercial, industrial, or public building or activity.
4. Section XXX of the International Building Code, adopted by the City of Yelm through Section 15.08.010 YMC, requires the issuance of a building permit prior to the converstion of a
residential building to an office building.
5. Site plan review approval and a building permit were not obtained by the property owner prior to converstion of the home to a professional office.
6. On June 28, 2006, Larry Hanson, Code Enforcement Officer for the City of Yelm, sent a letter of correction to Ms. Late. No action has been taken by the property owner between the
date of the letter of correction and the date of this notice of violation to bring the property into compliance.
7. On July 19, 2006, a Notice of Violation was sent to the property owner via certified mail, ordering that permit applications be filed with the Community Development Department as
required by the Yelm Municipal Code.
8. On July 25th and 27th, Larry Hanson, Code Enforcement Officer contacted Ms. Late via telephone and in person at the subject property to determine the status
of the required permit applications, and was informed that she did not believe that permits were required and that she would not comply with the terms of the order of violation.
9. As of the date of this notice of civil penatly, no applications have been submitted to the Community Development Department as required by the notice of violation.
ALLEGATIONS OF LAW
A. The above described real property is within the City of Yelm.
B. The above described development is in violation of the Yelm Zoning Code and Yelm Building Code.
C. The property owners failed to comply with a letter of correction issued by Larry Hanson, Code Enforcement Officer, and the terms of a notice of violation issued on July 19, 2006.
IT IS ORDERED THAT Violet Late or any other person acting as her employee or agent shall remit $250.00 to the City of Yelm Community Development Department as a civil penalty for vioation
of the Yelm Municipal Code.
Failure to comply with the terms of this notice of violation may result in further actions by the City of Yelm, including, but not limited to the issuance of additional civil penalties
of up to $250.00 per day of violation or further enforcement action through a court of compentent jurisdiction.
The penalty herein described is due and payable by you within thirty (30) days of your receipt of this notice. The penalty fee should be remitted to:
Community Development Department
City of Yelm, Washington
P.O. Box 479
Yelm, WA 98597
If for any reason you believe that the violation herein described did not occur or you have an explanation as to why it occurred, or any other fact which you believe the City should
consider with regard to this penalty and you desire to submit an appeal of the notice of civil penalty or a request for relief from penalty, set forth these facts and return the application
for relief to the City within thirty (30) days. Your statement must be signed under oath before a notary public or any other person authorized to take oaths.
Signed in Yelm, Washington this 19th day of July, 2006.
Larry Hanson, Code Enforcement Officer
Community Development Department
Grant Beck, Director
Community Development Department