16135 Railway Rd SE Park Wood Cows on Yelm Creek letter1THE City of Ye l m
4
Community Development Department
105 Yelm Avenue West
Yelm, WA 98597
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w r.' I I IML I V M
April 5, 2011
James Park and Barbara Wood
16135 Railway Rd SE
Yelm, WA 98597
Dear Mr. Park and Ms Wood,
The City of Yelm has received complaints about cattle on your property located at 16135
Railway Rd SE, parcel number 64303601204 (See attached photographs). Your property within
the City of Yelm is zoned R -6, Moderate - density residential district.
The Yelm Code at Section 17.15.020 (B) 4 states:
"The keeping of common household animal or pets is permitted provided that their
keeping does not constitute a nuisance or hazard to the peace, health and welfare of the
community in general and neighbors in particular."
The Yelm Code at Section 17.15.030 (B) further states:
"Uses other than those identified or described in Section 17.15.020 are prohibited."
As livestock, cattle in particular, are not defined as common household pets you are not in
conformance with R -6 zoning, Chapter 17.15.
Within the next 15 days please bring your property into compliance with the City of Yelm
Municipal Code.
If you have any questions regarding this letter, please feel free to contact me at the Community
Development Department. 360- 458 -8407. Thank you.
Sincerely,
Gary Carlson
Building Official
City of Yelm
(360) 458 -3835
(360) 458 -3144 FAX
www.ci.yelm.wa.us
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November 7, 2008
William & Lavonne McMullen
15019 105" Ave. SE
Yelm, WA 98597
LTA W-1-1 LTiMLTiRLTim Ime
City of Yelm
Community Development Department
105 Yelm Avenue West
P.O. Box 479
Yelm, WA 98597
NOTICE IS HEREBY GIVEN pursuant to Section 1.16.040 YMC that your use of
property at 1206 Crystal Ct. in violation of the Yelm Title 9 YMC.
ALLEGATIONS OF FACT
1. William R & Lavonne L McMullen owns or controls real property within the City of
Yelm, identified by tax parcel number 43390000700 described as Section 18
Township 17 Range 2E Plat CRYSTAL COURT LT 7 Document 021/058
2. On October 13, 2008 Gary Carlson, Building Official City of Yelm, sent a letter via
the US postal system to the registered owners requesting the owners bring the
property into compliance with Section 9 of the Yelm Municipal Code.
3. The Compliance request date of October 28, 2008 has passed without a response
from the McMullen's or cleanup of the nuisance.
ALLEGATIONS OF LAW
A. The above described real property is within the City of Yelm.
B. The above described parcel is in violation of the Yelm Municipal Code.
C. The property owners failed to comply with a letter of correction dated October 13,
2008
IT IS ORDERED THAT William R and Lavonne L McMullen complete the clean up the
Nuisance by November 14, 2008.
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
(360) 458 -3835
(360) 458 -3144 FAX
www.ci.yelm.wa.us
$250.00 per day of violation or further enforcement action through a court of competent
jurisdiction.
Signed in Yelm, Washington this 7t" day of November 2008
Gary L Carlson
Building Official
City of Yelm
Enclosed letter dated October 13, 2008
Cc: Brent Dilly, Prosecuting Attorney City of Yelm
Dale Tahja, Thurston County Public Health & Social Services Department
(360) 458 -3835
(360) 458 -3144 FAX
www.ci.yelm.wa.us
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Voilet Late
105 Yelm Avenue West
Yelm, WA 98597
City of Yelm
Community Development Department
105 Yelm Avenue West
P.O. Box 479
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
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(360) 458 -3144 FAX
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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
(360) 458 -3835
(360) 458 -3144 FAX
www.ci.yelm.wa.us