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202 Yelm Ave W 0810004�III� YA YELM CITY OF YELM PO Box 479 Yelm WA 98597 (360) 458 -3244 COMPLAINT RECEIVED FORM OFFICIAL USE ONLY Date Re.wl BY For City of Yelm Official Use Onlv: Response/Information Given: Suggested Action to be Taken: Complaint and suggested action to Dept. Head / If Action assigned to: Action to be initiated by Action taken if other than above: Satisfactorily resolved/Completed on: If If By: CITY OF YELM POLICY NO. 81 -M C: 1MyFdUWORMSYamplaintwptl CITY OF YELM NUISANCE ENFORCEMENT Complaint Received: aN ie Name: b 6� Address: aoa `-11! AvC A%S� Section 9.44.020 Nuisances Declared. The following specific acts, omissions, places and conditions are declared to be public nuisances: Enforcement officer's verification: Please circle all applicable conditions. A. Erecting, continuing or using any building or other place in the city for the exercise of any trade, employment or manufacture, which by occasioning noxious exhalation, offensive smells or other annoyances, becomes injurious and dangerous to the health, comfort or property of individuals or the public. B. Causing or allowing any offal, filth, poison, or noisome substance to be collected or to remain in any place, street, highway, or alley in the city to the prejudice of others; C. Maintaining any house, shop, stable or other structure which cannot be occupied or rented and which poses danger of inoendiansm and/or injury. D. Maintaining any house or premises kept for the purpose of prostitution or for the performance of lewd acts as that tern is defined in section 9.16.010; E. All houses or places where drunkenness, fighting or other breaches of the peace are carried on or permitted; F. All dirt, offal, or vegetable matter, the contents of any hog pen or sty, poultry house, privy, drain or vault, which by noxious air, poisonous gas, or noise, shall offend inhabitants of the neighborhood; G. Keeping howling or barking dogs or permitting any animal to run at large which defiles, injures or destroys lawns, gardens, trees or shrubbery; H. Building or maintaining any structure in such condition as to be dangerous to the health of the citizens of the city; I. Obstructing or encroaching upon or rendering unsafe for passage any public highway, private way, street, alley, park, square, driveway, lake, or stream in the city; J. Carrying on, within the city limits, a business of manufacturing gunpowder, nitroglycerin, or other highly explosive substance, or mixing or grinding the materials therefor, in any place within two hundred fifty yards of any building in existence at the time such business may be commenced. Nuisance Control /Abatement Attachment A Ordinance No. 411. J' I K Placing, depositing, keeping, having or leaving in or upon any private lot, building, structure or premises, or in or upon any street, avenue, park, parkway or public or private place in the city any one or more of the following conditions, places or things: 1. Any putrid, unsound or unwholesome bones, meal, hides, skins, or the whole or any part of any dead animal, fish or fowl, 2. Privies, vaults, cesspools, sumps, pits or like places which are not securely protected from flies or rats, or which are foul or malodorous, 3. Filthy or littered trash-covered cellars, house yards, factory yards, vacant areas in rear of stores, vacant lots, houses, buildings or premises, 4. Animal manure in any quantity which is not securely protected from Flies and the elements, or which is kept or handled in violation of any ordinances of the city, 5. Poison oak or poison ivy (whether growing or otherwise), liquid household wastes, human excreta, garbage, butcher's trimmings and offal, parts of fish, or any other vegetable or animal matter in any quantity; provided nothing in this chapter shall prevent the temporary retention of waste in receptacles in the manner approved by the health officer of the city or the dumping of nonputrifying waste in a place an manner approved by the health officer, 6. Tin cans, bottle, glass cans, small pieces of scrap iron, wire, material, bric-a -brac, broken crockery, broken glass, broken plaster, scrap building materials, and all such fresh or abandoned material unless the same be kept in Covered bins or galvanized iron receptacles approved by the health officer, 7. Trash, litter, weeds or grass, rags, accumulations of empty barrels, boxes, crates, packing cases, mattresses, lumber not piled, scrap iron, abandoned stoves, kitchen appliances, tin and other metal not neatly piled, or anything whatsoever in which flies or rats may breed or multiply or which may be a fire danger, 8. Any abandoned unattended or discarded icebox, refrigerator, freezer or other Container having an air -tight door or lid and a snap lock or other locking device which may not be easily released from the inside when such lid or door is in a Closed position. 9. Laying out, exposing or leaving exposed, in an unenclosed place known to be accessible to domestic animals or children, any substance or combination of substances known to be a poison or poisonous if consumed by a human, animal, or fowl, 10. The emitting of loud and raucous noise, from whatever the source or location, in a manner which, under the circumstances, unreasonably disturbs others. 1 T Causing or allowing any other nuisance as defined in section 9.44.010 or other provision of the Yelm Municipal Code. VyJ�ATj0%1 Oi �ln/o �//L /7.f'% Z o.v..v, D.roi.J.rnul Nuisance Control /Abatement Ordinance No. 415 Attachment A August 21, 2000 His Lighthouse P.O. Box 1295 Yelm, WA 98597 U It, Re: Outside display of Merchandise '{V 9 11 Dear , �I�� -✓`i i. p , l��- 111 The City of Yelm has received complaints regarding the manner in which your merchandise is Q� being displayed on the Yelm Avenue West frontage. 9utside -merchandise -is Fimitedlavommon ep^'- hardware- andnursery stock and is required to be stored in a orderly manor. - -- - 'O�I,' I had hoped that by allowing the use of the lent that you would be able to store those items found Dn up front in the tent.- �.u— P ° ✓""�`l 5 I Since we have rece ed a formal complaint we need to resolve this problem. Cathie Carlson, City Planner, and are willing to meet with you and discuss your options. Thank you h Gary Car on Yelm ilding Dept. �- / //J C. �� � �e DRAFT Jul B. Toxic Substances. Toxic substances shall be kept to concentrations not exceeding one - fiftieth of interior standards by use of the best available control methods and technology in all phases of plant operation and handling of materials, and by an active commitment to good housekeeping practices. Toxic substances not listed in Regulation I of OAPCA, but released into the air shall be limited in accordance with the most current publication entitled 'Threshold Limit Values," of the American Conference of Governmental Hygienists. C. Sewer Use. Liquid wastes shall be disposed of through local sanitary sewer systems only upon approval of affected public sewer authorities and pretreatment to reduce both load and toxicity to approximate domestic strength for pH, BOD, TSS and other parameters regulated in the Yelm's NPDES permit. Reuselrecycling may be required to minimize industrial loading. D. Waste Disposal. Liquid or solid wastes unacceptable to public sewer authorities shall be disposed of on a regular basis in keeping with the best operating characteristics of the industry, and in compliance with the regulations and requirements of local, regional, state or federal agencies having jurisdiction in waste disposal and environmental health and safety. E. Heat and Glare. Any operation producing intense heat or glare shall be performed within an enclosure so as to completely obscure such operation from view from any point along the property line. F. Radioactive Materials and Radiation Devices. The use, storage, transportation and disposal of all radioactive materials and radiation machines shall be subject to the regulatory jurisdiction and control of the Radiation Control Agency of the Washington State Departmentof Social and Health Services as amended. G. Vibration and Concussion. No use shall cause earth vibrations or concussions detectable without the aid of instruments beyond its lot lines, with the pxception of the temporary vibration produced as a result of construction activity. Such temporary construction activity shall be restricted to the hours between 7:00 a.m. and 6:00 p.m. 17.57.050 Aquifer, ground and soil contamination. Materials used or produced in any manufacturing process shall be handled in such a manner as to prevent ground or soil pollution which destroys or endangers the support of natural vegetation or which may contaminate underground aquifers or other natural drainage systems. 17.57.060 Storage. In the conduct of any business, the storage of merchandise, raw materials, equipment, fixtures, scraps or solid wastes shall comply with the following requirements: A. Every reasonable effort shall be made by persons operating a business to store all such materials within an enclosed building, with the following exceptions: ,1. Where such inside storage is not practical or desirable for reasons related to health, fire or 'V}3Ld� , safety codes; "I 2. Where the outside storage of merchandise, manufactured products or raw materials is �q, r, normal and standard practice, such as in the sale of automotive equipment, mobile homes, U V�`1�^, n lumber, gardening materials, nursery stock and the like, or on the site on construction Uy'_ projects; f / 3. When materials or products are temporarily stored outside incidental to shipping, delivery, loading or unloading thereof. B. Outside storage shall be maintained in an ordedy manner consistent with good housekeeping practices and shall be: 17 57 2 1. Effectively fenced and screened from all residential areas and public rights of way (an eight - foot solid fence is presumed to effectively screen outside storage, not all outside storage requires an eight -foot solid fence); 2. Consistent with fire, safety, health and sanitary codes and industry practices. C. Storage in residential areas shall comply with the same requirements as those specified for business establishments and shall, in addition to the requirements of subsections 17.57.060(A,B), comply with the following: 1. Motor vehicles, appliances and any other mechanical equipment which is no longer operable shall not be stored outside for a period exceeding thirty days; 2. Operable motor vehicles, boats, trailers, recreational vehicles and the like may be stored on the premises provided that they do not obstruct the use of public right-of-way or interfere with traffic visibility, especially the visibility of and at intersections of streets. Vehicles so stored shall not be used as living quarters. D. Storage in or on the public right-of-way is prohibited 17.57.080 Enforcement. A. In the enforcement of this chapter, the approval authority may require the operator or owner of an existing or proposed activity or use or the owner of the property upon which such activity or use is to be developed or conducted to submit reasonable evidence and technical data to demonstrate that the use or activity is or will be in compliance with the requirements of this chapter. The developer, operator and property owner shall each be responsible to ensure that all such evidence and data is developed using accepted means and methods to attest to its accuracy. B. The approval authority may undertake independent studies and engage such technical assistance as may be needed for such studies or to evaluate data or information submitted by an applicant in connection with the performance standards of any activity. C. The developer, operator or property owner shall pay for or reimburse the city for the costs incurred in the conduct of such tests as the city may require and for costs incurred by the city to engage technical consultants for review and interpretation of data and findings submitted by or on behalf of the developer, operator or property owner. D. If significant environmental degradation occurs, or, in the judgment of the approval authority is likely to occur in the development of the property for the permitted use, the approval authority shall require the developer or property owner or both such persons or firths to undertake such steps as are necessary to prevent, repair or mitigate such degradation. The developer and property owner shall be liable jointly and severally for all costs incurred in carrying out such required actions. If significant environmental degradation occurs or, in the judgment of the approval authority is likely to occur in the conduct of the permitted use or in other operations on the property, the approval authority shall require the operatoror property owner or both such persons or firms to undertake such steps as are necessary to prevent, repair or mitigate such degradation. The operator and property owner shall be liable jointly and severally for all costs incurred in carrying out such required actions. The actions called for in this subsection D. may include emergency mitigation measures. Prior approval by the approval authority of means or methods of development or operation proposed by the developer, operator or property owner, shall not prevent the approval authority from requiring corrective action to prevent, repair or mitigate environmental degradation. 17.57 - 3 CITY OF YELM NUISANCE ENFORCEMENT Complaint Received: Name: J- hcr'e- C7,.,,e��t Cib:r G�tith�4rc� Address: aDa 4L-e L lez 7— Section 9.44.020 Nuisances Declared. The following specific acts, omissions, places and conditions are declared to be public nuisances: Enforcement officers verification: Please circle all applicable conditions. A. Erecting, continuing or using any building or other place in the city for the exercise of any trade, employment or manufacture, which by occasioning noxious exhalation, offensive smells or other annoyances, becomes injurious and dangerous to the health, comfort or property of individuals or the public. B. Causing or allowing any offal, filth, poison, or noisome substance to be collected or to remain in any place, street, highway, or alley in the city to the prejudice of others; C. Maintaining any house, shop, stable or other structure which cannot be occupied or rented and which poses danger of incendiarism and/or injury. D. Maintaining any house or premises kept for the purpose of prostitution or for the performance of lewd acts as that tens is defined in section 9.16.010; E. All houses or places where drunkenness, fighting or other breaches of the peace are carried on or permitted; F. All dirt, offal, or vegetable matter, the contents of any hog pen or sty, poultry house, privy, drain or vault, which by noxious air, poisonous gas, or noise, shall offend inhabitants of the neighborhood; G. Keeping howling or backing dogs or permitting any animal to run at large which defiles, injures or destroys lawns, gardens, trees or shrubbery; H. Building or maintaining any structure in such Condition as to be dangerous to the health of the citizens of the City; I. Obstructing or encroaching upon or renoecng unsafe for passage any public highway, private way, street, alley, park, square, driveway, lake, or stream in the city; J. Carrying on, within the city limits, a business of manufacturing gunpowder, nitroglycerin, or other highly explosive substance, or mixing or grinding the materials therefor, in any place within two hundred fifty yards of any building in existence at the time such business may be commenced. Nuisance Control /Abatement Attachment A Ord lnanre No. 41S r K. Plating, depositing, keeping, having or leaving in or upon any private lot, building, structure or premises, or in or upon any street, avenue, park, parkway or public or private place in the city any one or more of the following conditions, places or things: 1. Any putrid, unsound or unwholesome bones, meat, hides, skins, or the whole or any part of any dead animal, fish or fowl, 2. Privies, vaults, cesspools, sumps, pits or like places which are not securely protected from flies or rats, or which are foul or malodorous, 3. Filthy or littered trash -covered cellars, house yards, factory yards, vacant areas in rear of stores, vacant lots, houses, buildings or premises, 4. Animal manure in any quantity which is not securely protected from Flies and the elements, or which is kept or handled in violation of any ordinances of the city, 5. Poison oak or poison ivy (whether growing or otherwise), liquid household wastes, human excreta, garbage, butcher's trimmings and offal, parts of fish, or any other vegetable or animal matter in any quantity; provided nothing in this chapter shall prevent the temporary retention of waste in receptacles in the manner approved by the health officer of the city or the dumping of nonputrifying waste in a place an manner approved by the health officer, 6. Tin cans, bottle, glass cans, small pieces of scrap iron, wire, material, bric-a-brac, broken crockery, broken glass, broken plaster, scrap building materials, and all such trash or abandoned material unless the same be kept in covered bins or galvanized iron receptacles approved by the health officer, 7. Trash, litter, weeds or grass, rags, accumulations of empty barrels, boxes, crates, packing cases, mattresses, lumber not piled, scrap iron, abandoned stoves, kitchen appliances, tin and other metal not neatly piled, or anything whatsoever in which flies or rats may breed or multiply or which may be a fire danger, 8. Any abandoned unattended or discarded icebox, refrigerator, freezer or other container having an air -light door or lid and a snap lock or other locking device which may not be easily released from the inside when such lid or door is in a dosed position. 9. Laying out, exposing or leaving exposed, in an unendosed place known to be accessible to domestic animals or children, any substance or combination of substances known to be a poison or poisonous ff consumed by a human, animal, or fowl; 10. The emitting of loud and raucous noise, from whatever the source or location, in a manner which, under the circumstances, unreasonably disturbs others. 11. Causing or allowing any other nuisance as defined in section 9.44.010 or other provision of the Yelm Municipal Code. Zo- ,"/b / 7. Nuisance Control /Abatement Ordinance No. 415 Attachment A City of Yelm 105 Yelm Avenue West P.O. Box 479 Yelm, Washington 98597 (360) 458 -3144 NOTICE TO ABATE UNSAFE OR UNLAWFUL CONDITION (NUISANCE) To: Ms. Hill and Ms. Christie As owner, agent lessee or other person occupying or having charge or control of the building, lot or premises at: 202 Yelm Avenue West You are hereby notified that the enforcement officer of the City of Yelm has determined, pursuant to chapter 9.48 of the Yelm Municipal Code, that there exists upon or adjoining said premises the following condition(s) to the contrary to the provisions of chapter 9.44 of the Yelm Municipal Code. PLEASE SEE ATTACHMENTS FOR DETAILED INFORMATION You are hereby further notified to abate that condition to the satisfaction of the city within 15 days of the date of this notice. If you do not abate the condition within 15 days the city can abate the condition at your expense. In addition, your failure to abate the condition will be considered a violation for which you may incur monetary penalties as provided in sections 9.44.015 and 9.48.040, Yelm Municipal Code, for each day or part of day that the condition continues to exist. Alternatively, failure to abate nuisance may prosecuted as a misdemeanor under section 9.48.050 Yelm Municipal Code. You have the right to appeal this notice within five (5) days as provided in section 9.48.010 E Yelm Municipal Code, or within ten (10) days from the date of service by mail, as evidenced by the postmark on the notice. Thank you for your immediate attention to this matter. Date June 1, 2001 Gary L Carlson Enforcement Officer City of Yelm 105 yelm Avenue West P.O. Box 479 yelm, Washington 98597 (360) 458 -3244 June 1, 2001 Jacuie Hill and Robin Christie P.O. Box 1295 Yelm, WA 98597 Re: Outside Storage of Merchandise Dear Ms. Hill and Christie, At the end of August last year we reviewed your site for compliance with the Yehn Municipal Code, Title 17, Zoning. It was mutually agreed, to bring your business into compliance for outside storage, that you would construct an 8x15 shed, build a sight - obscuring fence to enclose storage and permanent removal of the tent. To date you have not complied with the terms of agreement. This leaves the city no recourse but to start the abatement process. To satisfy the City in the next 15 days you will need to: 1. Remove all merchandise from the front and side yards visible from the street. 2. Remove the storage shed, tent or any means of cover from the site. 3. Place garbage dumpster and cans out of site or enclose per development guidelines. This citation is a Civil Infraction and will be assessed a separate violation for each day past the 15 days for compliance. You have 5 days after receipt of this notice to appeal this notice in writing to the hearing board. Sincerely Gary Carlson Building Official City of Yelm 105 Yelm Avenue West P.O. Box 479 Yelm, Washington 98597 (360) 458 -3244 June 22, 2001 Jacquie Hill and Robin Christie P.O. Box 1295 Yelm, WA 98597 Re: Letter of June 14, 2001 Dear Ms. Hill and Christie Thank you for your response to our letter of June 1, 2001. I will respond to you in the order of your response. Accessory buildings over 120 square feet and/or building exterior finish are regulated by City Code and subject to review for the Central Business District. It was our understanding that the use of the shed was temporary while the garage was made suitable for display. Without a land use review from Community Development the shed must be removed. We appreciate the removal of merchandise visible from the street. The City is basing our decision on Zoning Chapter 17.57.060. Where "Storage" is limited to normal and standard practice. The outside storage of used items for sale would designate you a "Outdoor flea Market ", which is specifically not allowed in the Central Business District. We appreciate your compliance with Central Business District regulations for refuse containers. Location of container must also meet LeMay's standards. Please verify with Dick Rahn at (253) 537 -8687. In regards to a covered work area in your backyard. Any remodel or improvement of your business will need review and approval of a site plan in accordance with Chapter 17.84. An application for site plan review may be picked up at the Community Development counter. or be of further assistance, please feel free to contact me at t 458 -8408. Thank you. January 4, 2002 Jacquie Hill Robin Christie P.O. Box 1295 Yelm, WA 98597 Re: Outside Display of Merchandise Dear Ms. Hill and Christie, On Wednesday January 2, 2002 I called for you at your business, His lighthouse, regarding the snow skis and accessories that were being displayed along the south side of your business wall. In your absence your staff member Mary recorded my message as to your violation of the Court Order. After recording the message she stated that she had set up the display and was not aware of the Court Directive prohibiting outside display of merchandise. As owner of the business you are responsible to ensure the court order is compled with on a daily basis. If you are not at the store when it opens each day, you need to ensure your staff is clear on the boundaries of the outside display area allowed. As agreed upon by you, your attorney and Cathie Carlson, at your last court appearance, outside display is strickly limited to the porch area and must be kept in an orderly fashion at all times. The proch must provide an unobstructed access to the building. Any future violation of this agreement will result in the City of Yelm immediately notifying the court for further action. City staff will not contact you prior to notifying the court. If I can be of further assistance or answer any questions please feel free to contact me at 458 -8407. Thank you. Sincerely Gary Carlson Building Official City of Yelm 105 Yelm Averme West P.O. Box 479 Yelm, Washington 98597 (360) 458 -3144 January 4, 2002 Jacquie Hill Robin Christie P.O. Box 1295 Yelm, WA 98597 Re: Outside Display of Merchan:lise Dear Ms. Hill and Christie, On Wednesday January 2, 2002 I called for you at your business, His Lighthouse, regarding the snow skis and accessories that were being displayed along the south side of your business wall. In your absence your staff member Mary recorded my message as to your violation of the Court Order. After recording the message she stated that she had set up the display and was not aware of the Court Directive prohibiting outside display of merchandise. As owner of the business you are responsible to ensure the court order is compiled with on a daily basis. If you are not at the store when it opens each day, you need to ensure your staff is clear on the boundaries of the outside display area allowed. As agreed upon by you, your attorney and Cathie Carlson, at your last court appearance, outside display is strictly limited to the porch area and must be kept in an orderly fashion at all times. The porch must provide an unobstructed access to the building. Any future violation of this agreement will result in the City of Yelm immediately notifying the court for further action, City staff will not contact you prior to notifying the court. If I can be of further assistance or answer any questions please feel free to contact me at 458 -8407. Thank you. Sincerely Gary C Ison Buildi g Official As owner of the business you are responsible to ensure the court order is complied with on a daily basis. If you are not at the store when it opens each day, you need to ensure your staff is clear on the boundaries of the outside display area allowed. As agreed upon by you, your attorney and Cathie Carlson, at your last court appearance, outside display is strictly limited to the porch area and must be kept in an orderly fashion at all times. The porch must provide an unobstructed access to the building. Any future violation of this agreement will result in the City of Yelm immediately notifying the court for further action. City staff will not contact you prior to notifying the court. If I can be �0/1 AP R. \Community De+elopment\Building FolderVUbatememsUly Lighthouseyla owner of the business you are responsible to ensure the court order Is complied with on a dally basis.doc March 24, 2004 Mary Agosto 33808 89P Ave S Roy, WA 98580 -8431 Re: City of Yelm Business License Dear Ms. Agosto, The City of Yelm recently received an application for a City Business License from you. The City wilHse-happy4s approve your application under the condition that the court agreement of August of 2001 is- adhered -to L-Y °� ��rt�1�y ,..��,r(�u crr� That agreement allowed for outside display of merchandise iesNewdd on the porch as long as a three -foot path was maintained for ease of exit for your customers. It was also agreed that all portable structures be removed from the site and storage of merchandise outside would only be allowed behind the fence that was constructed for that purpose. The short time you have been in business you may now understand the frustration Ms. Hill felt in trying to operate a business on a site that43 does not have adequate room. However, that is not an excuse to violate our zoning codes. You do have an option of presenting a plan to the city to increase your business space. The City of Yelm makes available to it's citizens Wednesday aftemooga to sit down with us and pre - submit a plan for expansion or change of uses in the city.w n t r There is no fee for the meeting; however, you submit your plan a minimum of one week in advance of your meeting to give us a chance to adequately review your plan. Meetings may be scheduled by calling the Community Development Department at 458 -3835. The City of Yelm will give you 30 days from i..of this letter to comply with the court order or have an active site plan review fled with the City. Non - compliance will void your Business License AppNeat a and will leave you subject to penalties as stated in City Ordinances. C.AJ6 Thank you If 1 can be of help or answer any questions please feel free to contact me at 458- 8407. Sincerely Gary Carlson DI4 7 Building Official I „ City of Yelm 105 Yelm Avenue West P.O. Box 479 Yelm, Washington 98597 (360) 458 -3144 March 25, 2004 Mary Agosto 33808 89" Ave S Roy, WA 98580 -8431 Re: City of Yelm Business License Dear Ms. Agosto, The City of Yelm recently received your application for a City Business License from you. The City can only approve your application under the condition that you comply with the provisions of the court agreement of August of 2001 regarding that business. That agreement allowed for outside display of merchandise be on the porch only as long as a three -foot path was maintained for ease of exit for your customers. It was also agreed that all portable structures be removed from the site and storage of merchandise outside would only be allowed behind the fence that was constructed for that purpose. The short time you have been in business you may now understand the frustration Ms. Hill felt In trying to operate a business on a site that is does not have adequate room. However, that does not give you the right to violate City zoning codes. You do have an option of presenting a plan to the city to Increase your business space. The City of Yelm makes available to it's citizens Wednesday afternoons to sit down with us and pre- submit a plan for expansion or change of uses In the city. There is no fee for the meeting; however, you submit your plan a minimum of one week in advance of your meeting to give us a chance to adequately review your plan. Meetings may be scheduled by calling the Community Development Department at 458 -3835. The City of Yelm will give you 30 days from the dale of this letter to comply with the court order or have an active site plan review filed with the City. Non-compliance will void your Business License and will leave you subject to penalties as stated in City Code. Thank you. If I can be of help or answer any questions please feel free to contact me at 458- 8407. Sincerely Gary Ctirlso` n �- Building Official 77re City of Yeint is on Equal Opinrhmiht Proc�i kr HIS LIGHTHOUSE INDUSTRIES, INC . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ............... . . . . . . P.O. Hox 1295 Yelm, WA 98597 (360) 4584881 HISdepot@u.wm RECEIVED June 14, 2001 JUN 1 ? 2001 Y. City Of Yelm 105 Yelm Avenue West Yelm, Washington 98597 Dear Mr. Carlson, In response to your letter dated June 1, 2001 we would like to request a few things clarified. Understand please that our intent is to fulfill our obligation to meet city ordinances, however, some confusion has come into play and we need some clarification. During our August meeting neither Robin Christie nor myself agreed to "construct" a shed due to the f act that we had already entered into an agreement and a one -year lease with PS Rentals for the unit currently on the property. This had already occurred and the building was on site at the time of our meeting with you. We did promise the removal of the "tent" at the time and fulfilled that agreement. Due to weather conditions we recently put up a temporary carport structure to "clean up" the area. If this is in violation please provide us with specific ordinances pertaining to that structure. With regards to the letter dated June 1, 2001, I have no problem abiding with number 1. Removal of all merchandise from side and front yard even though ordinance 17.40.320 clearly states: Storage or display of merchandise IS allowed for items that are to be used for RETAIL SALE, rent or for items used in manufacturing or production, subject to use, provided, however, that such use shall be confined to privately owned real property only. In regards to number 3 letter dated June 1, 2001, Garbage dumpster needing removal or placed out of site. We have already met that standard. It is number 2, the removal of shed, tent or any means of cover from the site that I am not clear on. This is where we need clarification. Our intent is to remove our shed upon the lease renewal date August 29, 2001. We can expedite this removal date however because of the volume of merchandise in this industry, we need more time to process contents. We now are down to the final are of concern, the covering in the back yard. Our desire is to be able to have some sort of area provided out of the weather to house large items FOR SALE, NOT STORAGE. If we cannot keep the covering please provide copies of specific ordinances. We have provided a sight - obscuring fence though not fully completed; we are working within our budget to finish. We feel that based on ordinance 17.26.010 we provide the very substance of what that states. Our purpose is to provide the "Central Business District" with "special characteristics of the existing downtown area." We are promoting a shopping atmosphere while rehabilitating the existing buildings from what they where in March 1999. We feel, we have done what we can and apologize for any misunderstanding or presumption regarding the ordinances or any perceived violation. Please consider withholding the penalties until we can remove the storage unit for we cannot work within the time frame you gave us. If a further hearing or meeting with us is required please contact us at your convenience and set a time. We are confident we can resolve this in a timely manner. Sincerely, -' -sCKs acquie City of Yelm - '= _ ' #" 105 Yelm Avenue West "'...i..., P. O. Box 479 August 30, 2001 YELIVI Yelm, Washington 98597 (360) 458 -3144 Jacquie Hill Robin Christie PO Box 1295 Yelm, WA 98597 Re: Zoning Code Violation — His lighthouse located at 202 Yelm Ave. West Dear Ms. Hill and Ms. Christie: On August 22, 2001, the Yelm District Court issued an order to bring the property located at 202 Yelm Ave. W., into compliance with the City Yelm Zoning Code. The site has not been brought into compliance as required by the court order, therefore the Community Development Department is referring this matter back to the court for further action. The Yelm District Court will be contacting you regarding a court date and time. As stated in the letter from Gary Carlson, Yelm Building Official, dated June 1, 2001, compliance with the Yelm Municipal Code requires that the following actions be taken immediately: 1. Remove all merchandise from the front and side yards visible from the street. 2. Removal of the storage shed, tent or any means of cover from the site. 3. Place garbage dumpster and cans out of site or enclose per development guidelines. If you have any questions I can be reached at 458 -8408. Sincerely, l�f.�%L*"' '/"' Catherine Carlson Community Development Director Cc: Yelm Municipal Court Gary Carlson 11' March 24, 2004 Mary Agosto �/�1� 33808 89 Ave S 1111 // ��, //II Roy, WA 98580 -8431 Re: City of Yelm Business License Dear Ms. Agosto, The City of Yelm recently received an application for a City Business License from -you. The City will be happy to approve your application under the condition that the court agreement/ August of 2001, is adhered to. ��t h That agreement allowed for outside display of merchandise be*liw ed on the porctr�aa long as a three -foot path was maintained for ease of exit for your customers. It was also agreed that all portable structures be removed from the site and storage of merchandise outside would only be allowed behind the fence that was constructed for that purpose. The short time you have been in business you may now understand the frustration Ms. Hill felt in trying to operate a business on a site that is does not have adequate room. However, that )snot not t- an excuse to violate our zoning codes. You do have an option of presenting a plan to the city to increase your business, space. �' The City of Yelm makes/available to it's citizens Wednesday afternoons to sit down with us and pre -submit a plan for expansion or change of uses in the city. � There is no fee for the meeting; however, you submit your plan a minimum of one week in advance of your meeting to give us a chance to adequately review your plan. Meetings may be scheduled by calling the Community Development Department at 458 -3835. The City of Yelm will give you 30 days from receipt of this letter to comply with the court order or / have an active site plan review filed with the City. Noncompliance will void your Business License Application and will leave you subject to penalties as stated in City Ordinances. - Thank -yeu. If I can be of help or answer any questions please feel free to contact me at 458- 8407. Sincerely �- Gary Carlson Building Official f To: Chief Todd Stancil From: Grant Beck, Director Date: May 21, 2004 Subj: His Lighthouse MEMORANDUM City of Yelm Community Development Department Issue The Community Development Department has received reports that His Lighthouse Thrift Shop has been operating in violation of provisions of the Yelm Zoning Code and a Court Order on weekends. Background Section 17.57.060 YMC indicates that the storage of merchandise be within an enclosed building. The outdoor storage and display of goods is not allowed. His Lighthouse was previously cited for a violation of this section of the Municipal Code, and the Yelm Municipal Court issued an order on August 22, 2001, requiring the business comply with the provisions of the Municipal Code. The business recently changed owners and the Community Development Department placed the new owner, Mary Agosto, on notice that the Zoning Code did not allow the outdoor display of merchandise through a letter dated March 25, 2004, from Gary Carlson (copy attached). Section 17.102.010 YMC indicates that a violation of the provisions of the Zoning Code or failure to comply with any of its requirements shall constitute a misdemeanor and such violation shall be punished as provided by the statutes of the state for the commission of a misdemeanor. Request If the Yelm Police Department observes the sale of goods outside the structure at His Lighthouse, 202 Yelm Avenue West in violation of the Zoning Code, a citation be issued pursuant to Section 17.102.010 YMC. July 2, 2001 City of Yelm 105 Yelm Avenue West P.O. Box 479 Yelm, Washington 98597 (360) 458 -3144 To: Brian Asmus From: Gary Carlson, Building OfficiaWEnforcement Officer Subject: Nuisance Abatement Attached is information concerning Jacquie Hill and Robin Christie (His Lighthouse) at 202 Yelm Avenue West. At this point the matter is being forwarded to you for issuance of a criminal misdemeanor citation as per Yelm's Nuisance Ordinance ( #415). Copies of all related correspondence are included. I am available to answer any questions you might have regarding this matter. City of Yelm 105 Yelm Avenue West P.O. Box 479 Yelm, Washington 98597 (360) 458 -3144 June 1, 2001 City of Yelm P.O. Box 479 Yelm, WA 98597 Attn.: Agnes Bennick Re.: Notice of Written Finding of Nuisance Dear Ms. Bernick Pursuant to Section 9.48.010, Abatement Procedure, I am notifying you of a Finding of a Nuisance at 202 Yelm Ave. West. Written Notice has been sent to the owner/lessee by certified mail. Copies of the abatement letter and notice of delivery are attached. Sincerely Gary Carlson Enforcement Officer August 21, 2000 His lighthouse P.O. Boix 1295 Yelm, WA 98597 Re: Outside display of Merchandise Dear , The City of Yelm has received complaints regarding the manner in which your merchandise is being displayed on the Yelm Avenue West frontage. Pursuant to Yelm Municipal Code 17.57.060 outside storage of merchandise is not allowed, except in specific circumstances. I had hoped that by allowing the temporary use of the tent that you would be able to store those items found up front in the tent. Since we have received a formal complaint we request that you remove the out door merchandise and temporary tent within the next thirty (days). This allows you to continue until the expected end of the season and gives you a chance to prepare for next year. If you have any questions or we can be og help Cathie Carlson, City Planner, or I are willing to meet with you. Thank you Gary Carlson Yelm Building Dept. HIS LIGHTHOUSE INDUSTRIES, INC P.O. Box 1295 Yelm, WA. 98597 (360) 4584881 HlSdepoud.cs.wm RECEIVED June 14, 2001 JUN 1 ? 2001 City Of Yelm 105 Yelm Avenue West Yelrn, Washington 98597 Dear Mr. Carlson, In response to your letter dated June 1, 2001 we would like to request a few things clarified. Understand please that our intent is to fulfill our obligation to meet city ordinances, however, some confusion has come into play and we need some clarification. During our August meeting neither Robin Christie nor myself agreed to "construct' a shed due to the fact that we had already entered into an agreement and a one -year lease with PS Rentals for the unit currently on the property . This had already occurred and the building was on site at the time of our meeting with you. We did promise the removal of the "tent" at the time and fulfilled that agreement. Due to weather conditions we recently put up a temporary carport structure to "clean up" the area. If this is in violation please provide us with specific ordinances pertaining to that structure . With regards to the letter dated June 1, 2001, 1 have no problem abiding with number I. Removal of all merchandise from side and front yard even though ordinance 17.40.320 clearly states: Storage or display of merchandise IS allowed for items that are to be used for RETAIL SALE, rent or for items used in manufacturing or production, subject to use, provided, however, that such use shall be confined to privately owned real property only. In regards to number 3 letter dated June 1, 2001, Garbage dumpster needing removal or placed out of site We have already met that standard. It is number 2, the removal of shed, tent or any means of cover from the site that I am not clear on This is where we need clarification. Our intent is to remove our shed upon the lease renewal date August 29, 2001. We can expedite this removal date however because of the volume of merchandise in this industry, we need more time to process contents. We now are down to the final are of concern, the covering in the back yard. Our desire is to be able to have some sort of area provided out of the weather to house large items FOR SALE, NOT STORAGE. If we cannot keep the covering please provide copies of specific ordinances. We have provided a sight - obscuring fence though not fully completed; we are working within our budget to finish. We feel that based on ordinance 17.26.010 we provide the very substance of what that states. Our purpose is to provide the "Central Business District" with "special characteristics of the existing downtown area." We are promoting a shopping atmosphere while rehabilitating the existing buildings from what they where in March 1999 We feel, we have done what we can and apologize for any misunderstanding or presumption regarding the ordinances or any perceived violation. Please consider withholding the penalties until we can remove the storage unit for we cannot work within the time frame you gave us. If a further hearing or meeting with us is required please contact us at your convenience and set a time We are confident we can resolve this in a timely manner. Sincer / _ acquie DD7020SX JKB 05/26/2004 1:23 PM DEFENDANT HIS, LIGHTHOUSE PO BOX 1295 YELM WA 98597 AKA No aliases on file. YELM MUNICIPAL COURT D 0 C K E T PAGE: CASE: I- 0004653 YMP Infraction Non -Traff Agency No. 1 OFFICER 14414 YMP ASMUS, BRIAN CHARGES Violation Date: 06/22/2001 DV Plea Finding 1. 9.44.020.1 NUISANCE. DECLARED 1ST VIO N Committed Dismissed W /Preju TEXT S 07/19/2001 Case Filed on 07/19/2001 JKB OFF 1 ASMUS, BRIAN Added as Participant JIB fee included in the bail amount Case Number Changed from C- 0004653 YMP IN to I- 0004653 YMP IN U COPY OF CITATION MAILED TO BUSINESS ADDRESS. S 08 /01/2001 CON NN Set for 08/22/2001 10:30 AM in Room 1 with Judge TLM U DEFENDANT REQUESTS CONTESTED HEARING. PERSON REQUESTING HEARING: JACQUIE HILL. NOTICE MAILED. S 08/22/2001. CON NN: Held Plea /Response of Committed Entered on Charge 1 Charge 1 Other Deferral : Other Pros Rsn Case Heard Before Judge MEYER, THOMAS NV1 : No Violations for 1. Year NV1 Review Set for 08/22/2002 OT : Other OT Review Set for 08/22/2002 U CHARGE TO BE DISMISSED IF IN COMPLIANCE. 08/30/2001 CATHIE CARLSON - YELM COMM. DEVELOPMENT DIRECTOR 8 GARY CARL - SON - YELM BUILDING OFFICIAL MET W /JUDGE. JUDGE INSTRUCTED CLK TO SET CASE FOR REC. REV. UPON RECEIPT OF LETTER SENT BY CITY TO BUSINESS OWNERS. COPY OF LETTER RECD. NOTICE OF HEARING MAILED S 08/31/2001. REV NN Set, for 09/13/2001 01:15 PM in Room 1 with Judge TLM 09/1.3/2001 REV NN: Not Held, Other HTL U DEF SIGNED AP 09/19/2001 PA REQUESTED CONTINUANCE S REV NN Set for 09/27/2001 01:15 PM in Room 1 with Judge TLM U 09/27/2001 REC MEMO FROM BUILDING DEPARTMENT. BUSINESS IS IN COMPLIANCE NOW S REV NN: Held U ATTORNEY HANEMANN APPEARED W/ MS HILL AND MS CHRISTIE ATY HANDED NOA TO PA CHING Docket continued on next page DD7020SX JKB YELM MUNICIPAL COURT 05/26/2004 1:23 PM D O C K E T PAGE: 2 CASE: I- 0004653 YMP DEFENDANT Infraction Non -Traff HIS, LIGHTHOUSE Agency No. TEXT - Continued U 09/27/2001 HEARING WAS STRICKEN DUE TO ABOVE MENTIONED MEMO FROM BUILD- HTL ING DEPARTMENT S 09/28/2001 ATY 1 HANEMANN, JACK W. JR. Added as Participant 09/05/2002 Charge 1 Dismissed W /Prejudice : Oth Defrl Compl MXO Defendant Complied with No Violations for 1 Year Defendant Complied with Other Case Disposition of CL Entered ADDITIONAL CASE DATA Case Disposition Disposition: Closed Parties Attorney HANEMANN, JACK W. JR Personal Description Sex: U Race: U DOB: Dr.L1c.No.: Employer: Height: Weight: Hearing Summary Held CONTESTED HEARING Held REVIEW HEARING State: Expires: Eyes: Hair: End of docket report for this case Date: 09/05/2002 ON 08/22/2001 AT 10:30 AM IN ROOM 1 WITH TLM ON 09/27/2001 AT 01:15 PM IN ROOM 1 WITH TLM INFRACTION ❑TRAFFIC NNON- TRAFFIC IN u u , J IN THE LJ DISTRICT MUNICIPAL COURT OF YELM ,W S INGTON ❑STATE OF WASHIN TON .PLAINTIFF VS. NAMED DEFENDANT COUNTY OF THURSTON mrt w' LM WA ' WA034041J THE UNDERSIGNED CERTIFIES AND SAYS THAT IN THE STATE OF WASHINGTON oxrviPeuar1azw m�rz EWRFB ow. Ecvl .YGREY IF PEW.YWRE88 PbPEM3EP EIV� EYRpER WR fF xEWf --i EYES IIIIP IEICENNI RKIE W. ( I VEEAIgM WE ItlNIX WY YFM ❑ N1EMFlER O O z.ww wa. OYOR.ew. M R I R I � —13. 1 .cuo C w 1 riYlae 0.v Phi -i^ eowunsn EYG �, PU. �wiws��o�Y. Ya. o....I.e.�n.uY.on..mev..wnvin.. PPODUero m.P3N TME�w�n�m,e mci�iwr�inEP ®»"o �V�EpwEI.Y�w� 41B NO110E. INFRACTION Omm yLau f'i�� WASHINGTON UNIFORM COURT DOCKET - COURT COPY CD O cn co nF THE p i� Y S vVG Gv CITY OF YELM PAID PO Box 479 Yelm WA98597 FEB 92004 (360) 458 -3244 CITY OF YE APPLICATION FOR BUSINESS LICENSE OFFICIAL USE ONLY By m D. DepL g Dept. o sp. Date Le No. Upon receipt of license application, the City of Yelm will conduct an inspection of the premises for building and fire code conformance. Upon approval from the Yelm Building Department of said premises, the City Clerk's Office will process a business license and billing for $30.00 and mail to applicant at address listed below. License fee is due two weeks after issue date of license. Application is hereby made for a Business License for the City of Yelm ❑ NEW BUSICNES�SSt ❑ NAME CHANGEIMAILING ADDRESS CHANGE ONLY DATE I I-h 90 ���y % // BUSINESS NAME ='Vs ��C�,'7hUuse, 1017?I}1 'tATYPE OF BUSINESS L BUSINESSADDRESS �„J.ti '7 / bil [['T�f /I V ))c DAYS AND HOURS OF OPERATION ANTICIPATED OPENING DATE OWNER(S) rl r7 /- Birthdate y� /� �j/I� %� Social Saeurky N(o�l� / Addressi a 7 /1 V r� � / d VL/ I7 i 1 �Ic! /.(iV. city Sta Zip Mailing Address j2 (If different from address above) TELEPHONE , 51,(j — nt� fr)JT l j l %i / % (� (Business) (Hom mergency) CONTRACTOR'S REGISTRATION NO. (If applicable) THURSTON CO. HEALTH APPROVAL NO. STATE OF WASHINGTON MASTER BUSINESS LICENSE NO. (UBI) Signature i�.'�''- Date CITY OF YELM 3/p -3 dslc:lrnyNes\IormsNuslloapp March 24, 2004 Mary Agosto 33808 89'" Ave S Roy, WA 98580 -8431 Re: City of Yelm Business License Dear Ms. Agosto, The City of Yelm recently received your application for a City Business License from you. The City can only approve your application under the condition that you comply with the provisions of the court agreement of August of 2001 regarding that business. That agreement allowed for outside display of merchandise be on the porch only as long as a three -foot path was maintained for ease of exit for your customers. It was also agreed that all portable structures be removed from the site and storage of merchandise outside would only be allowed behind the fence that was constructed for that purpose. The short time you have been in business you may now understand the frustration Ms. Hill felt in trying to operate a business on a site that is does not have adequate room. However, that does not give you the right to violate City zoning codes. You do have an option of presenting a plan to the city to increase your business space. The City of Yelm makes available to it's citizens Wednesday aftemoons to sit down with us and pre- submit a plan for expansion or change of uses in the city. There Is no fee for the meeting; however, you submit your plan a minimum of one week in advance of your meeting to give us a chance to adequately review your plan. Meetings may be scheduled by calling the Community Development Department at 458 -3835. The City of Yelm will give you 30 days from the date of this letter to comply with the court order or have an active site plan review filed with the City. Non - compliance will void your Business License and will leave you subject to penalties as stated in City Code. Thank you. If I can be of help or answer any questions please feel free to contact me at 458- 8407. Sincerely Gary Carlson Building Official City of Yelm 105 Yelm Avenue West P.O. Box 479 Yelm, Washington 98597 (360) 458 -3144 BUILDING DEPARTMENT MEMO Date: September 27, 2001 To: Les Chang Re: Abatement for His Light House This morning Cathie and I walked on both sides of His Light House and have determined that they now meet the minimum requirements for their zoning and our abatement has been satisfied except for the continued display on their porch. To meet our zoning standards and for safety purposes we request that the Judges order includes merchandise display of any kind on the front porch. We are concerned that based on their history that their compliance would be only temporary. Based on this, we request that the Judge starts their one -year probation period from today's date. We also request that any zoning violations during this probation period would trigger an immediate court response of the daily fine of $150.00 starting from the date of abatement initiation of July 2, 2001. Thank you, Gary City of Yelm 105 Yelm Avenoe ® P.O. Box 479 Yelm, WA 98597 Porch Display 09 -27 -01 May 18, 2001 May 18. 2001 August 30, 2001 August 30. 2001 BUILDING DEPARTMENT MEMO Date: May 16, 2001 To: Cathie Re: His Light House Abatement Please supply me with all correspondence with Robin Christie or Jacqueline Hill (His Lighthouse). Sequence of events 1) Letter to Agnes stating that a nuisance exists 2) Letter to the owner of the property stating corrective measures required and a time limit to complete the measures. 3) Submission to PD to issue misdemeanor citing The key to this will be stating explicitly the corrective measures that will satisfy us Thank you, Gary BUILDING DEPARTMENT MEMO Date: May 16, 2001 To: Cathie Re: His Light House Abatement Please supply me with all correspondence with Robin Christie or Jacqueline Hill (His Lighthouse). Sequence of events 1) Letter to Agnes stating that a nuisance exists 2) letter to the owner of the property stating corrective measures required and a time limit to complete the measures. 3) Submission to PD to issue misdemeanor citing The key to this will be stating explicitly the corrective measures that will satisfy us Thank you, Gary August 21, 2000 His Lighthouse P.O. Boix 1295 Yelm, WA 98597 Re: Outside display of Merchandise Dear , The City of Yelm has received complaints regarding the manner in which your merchandise is being displayed on the Yelm Avenue West frontage. Pursuant to Yelm Municipal Code 17.57.060 outside storage of merchandise is not allowed, except in specific circumstances. 1 had hoped that by allowing the temporary use of the tent that you would be able to store those items found up front in the tent. Since we have received a formal complaint we request that you remove the out door merchandise and temporary tent within the next thirty (days). This allows you to continue until the expected end of the season and gives you a chance to prepare for next year. If you have any questions or we can be of help Cathie Carlson, City Planner, or I are willing to meet with you. Thank you DRAFT Gary Carlson Yelm Building Dept. Cathie, they were in yesterday to complain about people dumping items at their site. 1 did not follow it up because of this letter. City of Yelm 105 Yelm Avenue West P.O. Box 479 Yelm. Wmiungton 98597 (360) 458 -3244 NOTICE TO ABATE UNSAFE OR UNLAWFUL CONDITION (NUISANCE) To: Ms. Hill and Ms. Christie As owner, agent lessee or other person occupying or having charge or control of the building, lot or premises at: 202 Yelm Avenue West You are hereby notified that the enforcement officer of the City of Yelm has determined, pursuant to chapter 9.48 of the Yelm Municipal Code, that there exists upon or adjoining said premises the following condition(s) to the contrary to the provisions of chapter 9.44 of the Yelm Municipal Code. PLEASE SEE ATTACHMENTS FOR DETAILED INFORMATION You are hereby further notified to abate that condition to the satisfaction of the city within 15 days of the date of this notice. If you do not abate the condition within 15 days the city can abate the condition at your expense. In addition, your failure to abate the condition will be considered a violation for which you may incur monetary penalties as provided in sections 9.44.015 and 9.48.040, Yelm Municipal Code, for each day or part of day that the condition continues to exist. Alternatively, failure to abate nuisance may prosecuted as a misdemeanor under section 9.48.050 Yelm Municipal Code. You have the right to appeal this notice within five (5) days as provided in section 9.48.010 E Yelm Municipal Code, or within ten (10) days from the date of service by mail, as evidenced by the postmark on the notice. Thank you for your immediate attention to this matter. Date May 24, 2001 Gary L Carlson Enforcement Officer City of Yelm 105 Yelm Avenue West P.O. Box 479 Yelm, Washington 98597 (360) 458 -3244 May 24, 2001 City of Yelm P.O. Box 479 Yelm, WA 98597 Attn.: Agnes Bernick Re.: Notice of Written Finding of Nuisance Dear Ms. Bernick Pursuant to Section 9.48.010, Abatement Procedure, I am notifying you of a Finding of a Nuisance at 202 Yelm Ave. West. Written Notice has been sent to the owner/lessee by certified mail. Copies of the abatement letter and notice of delivery are attached. Sincerely Gary Carlson Enforcement Officer