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16135 Railway Rd SELetter 1 Barb Wood`p 9� YEWALM SHINGTON November 4, 2009 Barbara J Wood James D Park 16135 Railway Rd SE Yelm, WA 98597 City of Yelm Community Development Department 105 Yelm Auenue West P.O. Box 479 Yelm, WA 98597 The City of Yelm has received complaints about the up keep of your property at16135 Railway Rd SE. Specifically, it appears that you have allowed garbage, such as tires and furniture to accumulate. See attached pictures. The Yelm Code at Chapter 9.44.015 YMC states it is a violation to create or maintain a nuisance. 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.w¢.us THE 4 '9i A4 e YELM WASHINGTON November 24, 2009 Barbara J Wood James D Park 16135 Railway Rd SE Yelm, WA 98597 Dear Ms. Wood & Mr. Park City of Yelm Community Development Department 105 Yelm Auenue 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 16135 Railroad St. is in violation of the Yelm Title 9 YMC. ALLEGATIONS OF FACT 1. Barbara J Wood and James D Park are listed as the owners of 16135 Railway Rd. SE, parcel number 64203601204, section s19172E, having a legal description of Section 19 Township 17 Range 2E Quarter NE SW & NW SE SS028304YL LT 2 Document 3432845 2. On November 4, 2009 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 after receiving a Citizens Action Request on October 23, 2009 3. The Compliance request has passed without a stated response to the property violation 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 November 4, 2009 (360) 458 -3835 (360) 458 -3144 FAX www.ci.yelm.w¢.us IT IS ORDERED THAT Barbara J Wood and James D Park complete the clean up the Nuisance by December 11, 2009, or submit an alternative schedule suitable to the City of Yelm and the Complainant. 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 competent jurisdiction. Signed in Yelm, Washington this 24th Day of November 2009 Gary L Carlson Building Official City of Yelm Enclosed letter dated November 4, 2009 and site photos 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.w¢.us 4 of THFp�9 City of Yelm Community Development Department 105 Yelm Avenue West P.O. Sox 479 YELM Yelm, WA 98597 WASHINGTON 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 (360) 458 -3835 (360) 458 -3144 FAX www.c1.ye1m.wa.us 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 (360) 458 -3835 (360) 458 -3144 FAX www.ci.yelm.w¢.us