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HomeMy WebLinkAboutHearing SFR without Permit - BLD Letters / Memos - 1/28/2005 MASON COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT Permit Processing/Inspections/Addressing Mason County Bldg. III 426 W.Cedar P.O.Box 186 Shelton,WA 98584 (360) 427-9670 Belfair (360) 275-4467 Elma (360) 482-5269 Seattle (206) 464-6968 MOTION FOR CONTINUANCE Re: HEX2004-00057/ENF2004-00179 Jonathon H.and Teresa A.Byerly,Defendant(s) Dear Mason County Hearings Examiner; Both parties have agreed that HEX2004-00057 resulting from Mason County Enforcement Case ENF2004-00179 shall be continued until March 14, 2005. The defendant(s) have submitted the required permit application and will proceed with compliance by providing the required engineered plans for the structure and submitting said plans and calculations prior to March 4, 2005. Further, the defendant(s) have ceased all occupancy of the structure in accordance with the Do Not Occupy order posted December 6, 2004. Agreed` J erson ate -_. Jonat bn H. Verly ate MASON COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT Permit Processing/Inspections/Addressing Mason County Bldg. III 426 W. Cedar P.O.Box 186 Shelton,WA 98584 (360) 427-9670 Belfair (360) 275-4467 Elma (360) 482-5269 Seattle (206) 464-6968 BEFORE THE MASON COUNTY HEARINGS EXAMINER Mason County } Plaintiff, } } HEX2004-00057 V. } } Jonathon H & Teresa A. Byerly } DECLARATION Defendant } OF SERVICE } I, Jenny Nickerson, under penalty of perjury under the laws of the State of Washington, declare as follows: I am an employee of the Mason County Department of Community Development, Building Division. On the date indicated below and manner indicated herein, Mason County's Staff Report with attachments was sent to the following: Kristen Olbrechts Hearings Examiner 710 Second Avenue, Suite 700 Seattle, WA 98104 [ ] BY UNITED STATES MAIL [X] EMAIL [ ] BY FACSIMILE: 206-682-0707 Jonathon H. and Teresa A Byerly PO Box 391 Belfair, WA 98528 [X] BY UNITED STATES MAIL [X] BY UNITED STATES MAIL (Certified) [ ] BY PERSONAL DELIVERY Dated 11th day of January, 2005 at Shelton, WA jenny Nickerson MASON COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT Permit Processing/Inspections/Addressing Mason County Bldg. III 426 W.Cedar P.O.Box 186 Shelton,WA 98584 (360) 427-9670 Belfair (360) 275-4467 Elma (360) 482-5269 Seattle (206) 464-6968 BEFORE THE MASON COUNTY HEARINGS EXAMINER Mason County } Plaintiff, } } H EX2004-00057 V. } } Jonathon H & Teresa A. Byerly } DECLARATION Defendant } OF SERVICE 1, Jenny Nickerson, under penalty of perjury under the laws of the State of Washington, declare as follows: I am an employee of the Mason County Department of Community Development, Building Division. On the date indicated below and manner indicated herein, Mason County's Staff Report with attachments was sent to the following: Kristen Olbrechts Hearings Examiner 710 Second Avenue, Suite 700 Seattle, WA 98104 [ ] BY UNITED STATES MAIL [X] EMAIL [ ] BY FACSIMILE: 206-682-0707 Jonathon H. and Teresa A Byerly PO Box 391 Belfair, WA 98528 [X] BY UNITED STATES MAIL [X] BY UNITED STATES MAIL (Certified) [ ] BY PERSONAL DELIVERY Dated t 11th day of January, 2005 at Shelton, WA —Jenmr Nickerson EXHIBIT LIST Jonathon H. and Teresa A. Byerly 22318-75-00170 HEX2004-00057 Exhibit 1-Staff Advisory Report/Notice of Hearing Attachment A Copies of Applicable Ordinances Attachment B Assessor's Tax Records Attachment C Photo of posting 3/5/04 Attachment D On-site Sewage System Survey 6/19/96 Attachment E Complaint Attachment F April 30, 2004 Notice of Code Violation and Proof of Certified Acceptance postmarked May 12, 2004 Attachment G _ Case activities and phone records Attachment H Photo of posting December 6, 2004 Exhibit 2-Staff Qualification Descriptions MASON COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT Permit Processing/Inspections/Addressing Mason County Bldg. III 426 W.Cedar P.O.Box 186 Shelton,WA 98584 (360) 427-9670 Belfair (360) 275-4467 Elma (360) 482-5269 Seattle (206) 464-6968 DEPARTMENT OF COMMUNITY DEVELOPMENT BUILDING DIVISION STAFF ADVISORY REPORT FINDINGS, CONCLUSIONS, AND RECOMMENDATIONS To: Kriste Ibrechts, Hearing Examiner From: JehKy R. Nickerson Building Inspector/Code Enforcement Date: January 11, 2005 File: Jonathan H. and Teresa A. Byerly PO Box 391 Belfair, WA 98528 H EX2004-00057 Hearing Information: February 14, 2005 at 12:00pm Mason County Building One Commissioners' Chambers 411 N 5tn Shelton, WA 98584 I. INTRODUCTION A. Defendant Information 1. Defendants: Jonathon H. and Teresa A. Byerly (ATT.B) 2. Site Location: Tax Parcel Number 22318-75-00170 Mason County, Tahuya, WA 500 NE Dewatto Hills Rd., B. Violations (as detailed in NOTICE OF CIVIL VIOLATION): Highlighted Text references the applicable law. Citations are to text "as adopted," with copies of the applicable text attached following this Staff Report. (ATT.A) COUNT (1) On or about March 5, 2004, construction of a single family residence (ATT.C) in absence of the required permit approval occurred on parcel number 22318-75-00170. The structure is located on a parcel owned, used, controlled, maintained, or possessed by Jonathon H. and Teresa A. Byerly., in violation of the Mason County Development Code, Section 15.13.020 to wit; Mason County Code, Title 14, Building and Construction Code, 1997 Uniform Building Code, Section 103-Violations: It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or structure or cause or permit the same to be done in violation of this code. The violation of Section 103 was observed by Building Department Staff, Terry Ryan on March 5, 2004 and Larry Kelly on December 6, 2004. COUNT (2) On or about December 6, 2004, the removal, mutilation, destruction or concealment of a Stop Work Order notice posted on March 5, 2004 (ATT.C)occurred on parcel number 22318-75-00170. The notice was posted on a structure located on a parcel owned, used, controlled, maintained, or possessed by Jonathon H. and Teresa A. Byerly., in violation of the Mason County Development Code, Section 15.13.020 to wit: Mason County Code, Title 14, Building and Construction Code, Section 14.12.040(part): The removal, mutilation, destruction or concealment of a Stop Work Order shall be subject to penalties as prescribed by the Mason County Code. Re-posting of the structure with a Correction Notice and Do Not Occupy occurred (ATT.H)on December 6, 2004 by Larry D. Kelly who observed the original postings had been removed. COUNT (3) On or about December 6, 2004, the removal, mutilation, destruction or concealment of a Do Not Occupy notice posted on March 5, 2004(ATT.C) occurred on parcel number 22318-75-00170. The notice was posted on a structure located on a parcel owned, used, controlled, maintained, or possessed by Jonathon H. and Teresa A. Byerly., in violation of the Mason County Development Code, Section 15.13.020 to wit.- Mason County Code, Title 14, Building and Construction Code, Section 14.12.050: Whenever any building or structure or equipment therein regulated by this code is being used contrary to the provisions of this code, the building official may order such used discontinued and the structure, or portion thereof vacated by notice served on any person causing such use to be continued. Such person shall discontinue the use within the time prescribed by the building official after receipt of such notice to make the structure, or portion thereof, comply with the requirements of the code. It shall be a misdemeanor to occupy the posted building or structure, or to remove or deface the notice and shall be subject to penalties as prescribed for by Title 15, Mason County Code. Re-posting of the structure with a Correction Notice and Do Not Occupy occurred (ATT.H)on 2 December 6, 2004 by Larry D. Kelly who observed the original postings had been removed. C. Compliance Requirements Based on the statements of Facts and Attachments in this report, the County recommends that Jonathon H. and Teresa A. Byerly, owners of tax parcel Number 22318-75-00170,achieve compliance with County Regulations by completing the requirements that follow. • Immediately cease all occupancy • Apply for prior to February 4,2005 an After the Fact permit for the structure. To do so, you will have to demonstrate compliance with all codes and regulations as adopted by Mason County or; • Obtain a Demolition Permit, complete demolition and call for verification inspection prior to February 4, 2005. II. FINDINGS OF FACT AND CONCLUSIONS A. Case Chronology 1. On July 6, 1996, county records indicate a site visit was made by the Mason County Environmental Health Department and the site was vacant (ATT.D) 2. On March 3, 2004, a complaint was received that a 2 story home had been built without permits (ATT.E) 3. On March 5, 2004, Mason County Building Inspector Terry Ryan conducted a site investigation of parcel number 22318-75-00170. A violation of Title 14 of the Mason County Code and the 1997 Uniform Building Code were observed. A Stop Work Order and Do Not Occupy order were posted in the presence of Teresa A. Byerly.(ATT.C) 4. On April 30, 2004, a Notice of Mason County Code Violation letter was mailed to the Byerly's by certified mail which was accepted by Teresa A. Byerly and postmarked May 12, 2004(ATT.F) 5. On May 11, 2004, Code Enforcement Administrator, Tami Griffey, spoke with Jon Byerly regarding the permit requirements and occupancy status. He agreed to apply(ATT.G) 4. On July 19, 2004, Code Enforcement Administrator,Tami Griffey, spoke with a realtor regarding permit requirements for this property. 5. On 12/06/04 a subsequent site investigation was performed to see if the if the structure had been vacated and/or demolished. Larry Kelly observed that the structure remained on site,the postings had been removed, and the structure appeared to still be occupied. He re-posted the building (ATT.H) 6. On January 11,2005, the Notice of Civil Violation and Notice of Hearing was mailed to Jonathon H. and Teresa Byerly, PO BOX 391, Belfair, WA 98528 3 III. RECOMMENDATION The County requests that a fine amount of$3,000 be imposed ($1,000 per count for three counts, in accordance with Mason County Development Code section 15.13.0500, with $500 on each count($1,500 total)to be suspended if compliance is achieved as requested above. The County recommends that$1,500 become due and payable within thirty(30) days of service of the Hearings Examiner's Final Decision and Order. The County recommends that the remaining $1,500 become fully due and payable within sixty(60)days of service of the Hearings Examiner's Final Decisions and Order if complete compliance is not achieved. The County recommends that the defendant be found responsible for costs incurred by the County in pursuing this matter and for the costs of the Hearing Examiner's involvement in this matter. The County recommends that the costs itemized below become fully due and payable within thirty (30) days of service of the Hearing Examiner's Final Decision and Order. The County is providing the following itemized account of the expenses incurred as required by section 15.13.055: 1. Notice of Civil Violation/Staff Report 4 hours $52.30/hr $209.20 2. Site Investigation(s) Date Site Investigation Fee 03/05/04 $58.00 12/06/04 58.00 $116.00 3. Hearing Examiner Expense $ Amount to be tabulated by the Hearing Examiner and included In the Decision and Order. TOTAL: $325.20 plus Hearing Examiner costs imposed Signed r)1, I 1 c15 Title/Authority:Building Inspector/Code Enforcement 4 MASON COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT Permit Processing/Inspections/Addressing Mason County Bldg.III 426 W.Cedar P.O.Box 186 Shelton,WA 98584 (360) 427-9670 Belfair (360) 275-4467 Elma (360) 482-5269 Seattle (206) 464-6968 NOTICE OF HEARING YOU ARE REQUIRED TO BE PRESENT FEBRUARY 14, 2005 12:00pm MASON COUNTY BUILDNG ONE, COMMISSIONERS' CHAMBERS 411 N. 5T" STREET, SHELTON, WA 98584 January 11, 2005 Jonathon H. and Teresa A. Byerly PO BOX 391 Belfair, WA 98528 NOTICE OF CIVIL VIOLATION Dear Mr and Mrs. Byerly, This letter serves as a Notice of Civil Violation in accordance with section 15.13.035 of the Mason County Development Code. Mason County may recommend a fine of up to one thousand dollars($1,000) per violation based upon the violations listed below. You are in violation of Mason County Building/Construction Code Mason County Code Title 14 You are in violation of Mason County Development Code Mason County Code Title 15 Copies of the referenced regulations are enclosed in this mailing, and additional copies are available from the Mason County Department of Community Development/Building Division. Citations are to text"as adopted". 1 Mason County alleges as follows: COUNT (1) On or about March 5, 2004, construction of a single family residence (ATT.C) in absence of the required permit approval occurred on parcel number 22318-75- 00170. The structure is located on a parcel owned, used, controlled, maintained, or possessed by Jonathon H. and Teresa A. Byerly., in violation of the Mason County Development Code, Section 15.13.020 to wit; Mason County Code, Title 14, Building and Construction Code, 1997 Uniform Building Code, Section 103-Violations: It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or structure or cause or permit the same to be done in violation of this code. The violation of Section 103 was observed by Building Department Staff, Terry Ryan on March 5, 2004 and Larry Kelly on December 6, 2004. COUNT (2) On or about December 6, 2004, the removal, mutilation, destruction or concealment of a Stop Work Order notice posted on March 5, 2004 (ATT.C)occurred on parcel number 22318-75-00170. The notice was posted on a structure located on a parcel owned, used, controlled, maintained, or possessed by Jonathon H. and Teresa A. Byerly., in violation of the Mason County Development Code, Section 15.13.020 to wit: Mason County Code, Title 14, Building and Construction Code, Section 14.12.040(part): The removal, mutilation, destruction or concealment of a Stop Work Order shall be subject to penalties as prescribed by the Mason County Code. Re-posting of the structure with a Correction Notice and Do Not Occupy occurred (ATT.H)on December 6, 2004 by Larry D. Kelly who observed the original postings had been removed. COUNT (3) On or about December 6, 2004, the removal, mutilation, destruction or concealment of a Do Not Occupy notice posted on March 5, 2004(ATT.C) occurred on parcel number 22318-75-00170. The notice was posted on a structure located on a parcel owned, used, controlled, maintained, or possessed by Jonathon H. and Teresa A. Byerly., in violation of the Mason County Development Code, Section 15.13.020 to wit: Mason County Code, Title 14, Building and Construction Code, Section 14.12.050: Whenever any building or structure or equipment therein regulated by this code is being used contrary to the provisions of this code, the building official may order such used discontinued and the structure, or portion thereof 2 vacated by notice served on any person causing such use to be continued. Such person shall discontinue the use within the time prescribed by the building official after receipt of such notice to make the structure, or portion thereof, comply with the requirements of the code. It shall be a misdemeanor to occupy the posted building or structure, or to remove or deface the notice and shall be subject to penalties as prescribed for by Title 15, Mason County Code. Re-posting of the structure with a Correction Notice and Do Not Occupy occurred (ATT.H)on December 6, 2004 by Larry D. Kelly who observed the original postings had been removed. (1) This Notice is directed to Jonathon H. and Teresa A. Byerly, PO Box 391, Belfair, WA 98528 (2) The violations are located on tax parcel 22318-75-00170 (500 NE Dewatto Hills Rd., Tahuya, WA). The violation of County regulations cited as COUNTS 1, 2 and 3 above are the result of non-permitted construction activities. (3) This Notice is effective immediately upon posting at the site and/or receipt by the person(s) to whom it is directed. (4) Any non-compliance with Mason County Code Title 14 (Mason County Building and Construction) and any other applicable regulations must immediately cease. (5) This Notice serves as a Stop Work Order until the violation is corrected and/or remediated as specified under number (6). (6) You must immediately comply with the following requirements: Apply for an After the Fact building permit for the structure on site and provide documentation and/ or other applicable county permit applications as deemed necessary to allow for issuance of the permit. The permit must be issued and inspections performed or; obtain a Demolition Permit and demolish the structure in its entirety. If you wish to have the hearing canceled, you must submit the permit applications by February 4, 2005 or obtain a demolition permit , complete demolition and request inspection verification. (7) Failure to comply with the requirements listed above may result in further enforcement actions, including civil fines and criminal penalties. The County is authorized to recommend a $1,000 fine for each violation. Each separate day, event, action or occurrence shall constitute a separate violation. In this case, the County will recommend a $3,000 fine with compliance conditions if this matter proceeds to a hearing. In addition, you may be 3 found responsible for costs incurred by the County if this matter proceeds to a hearing. (8) HEARING DATE: Per Section 15.13.045 of the Mason County Development Code, you are scheduled to appear before the Hearing Examiner as noted below. The hearing will be canceled if the applicable Review Authority determines that the required corrective action has been completed or is on schedule for completion as set by the Review Authority. Required corrective action is detailed in number six, above. (9) Rights of parties. Each party shall have these rights, among others; To introduce documentary and physical evidence; To rebut the evidence; and to be represented by legal counsel at your expense and arrangement. YOU ARE REQUIRED TO BE PRESENT FEBRUARY 14, 2005 AT 12:OOPM MASON COUNTY BUILDING ONE, COMMISSIONERS CHAMBERS 411 N. 5T" SHELTON, WA 98584 Signed --- Dated Title/Au ority ans Examiner/Building Inspector 4 ATTACHMENT A 15.13.020 Penalty. Page I of 1 Title 15 DEVELOPMENT CODE Chapter 15.13 ENFORCEMENT 15.13.020 Penalty. (a) Nonconforming structures and other non-conforming land modifications shall be a continuing violation. Every day of violation shall be a separate violation. It shall be a violation to own, use, control, maintain, or possess a portion of any premises which has been constructed, equipped, maintained, controlled, or used in violation of any of the applicable provisions, MCC Section 15,03.005, in this title. Structures or activities which were made or conducted without a permit, when a permit was required at the time of first action, do not vest and require current permits. Any person, firm, or corporation who violates or who solicits, aids, or attempts a violation are accountable under this chapter and are subject to the penalty provision as well as the hearing examiner process. (b)Compliance with the requirements of those codes and regulations listed under MCC Section 15.03.005 shall be mandatory, and violations of those codes are within the purview of this chapter. (c)Any private party who intentionally, recklessly, or negligently violates any of the applicable codes, regulations and ordinances is guilty of a misdemeanor. This includes, but is not limited to, a violation of notice and order, a violation of notice of civil violation, a violation of a warning notice, a violation of a stop work order, violation of a do not occupy order, and failure to comply with orders of the hearings examiner. Any person convicted of a misdemeanor under this section shall be punished by a fine of not more than five hundred dollars, or by imprisonment not to exceed ninety days, or by both, unless otherwise required by state laws. Each such person is guilty of a separate offense for each and every day during any portion of which any violation of any of the applicable provisions is committed, continued, permitted, or aided by any such person. (d) Notwithstanding the provisions of any other code, the review authority is authorized to issue civil infractions for violations of any provision of any code or regulation listed under Section 15.03.005. The enforcement officer may issue a civil infraction ticket of up to two hundred fifty dollars for the first violation and up to five hundred dollars for the second and subsequent violations. Second and subsequent violations refer to any violation of any provision of Section 15.03.005 within two years of the first violation.A violator is: (1)one who owns the property and knows the violation is occurring, and fails to take action to abate it; (2)one who causes the violation to occur or solicits, commissions, requests, or aids the violation; (3)one who has a virtual exclusive right to possess the land, as in a tenant, equitable title owner, or trust beneficiary, and who aids, abets, commissions, solicits, requests, or knowingly allows a violation to occur on the land; or(4)to the maximum extent allowed under Washington law, any company whose employee or employees violates any provision of Title 15. Proof in district court shall be by a preponderance of the evidence. To the extent that there is no conflict with this regulation, all such civil infractions under this regulation shall be governed by the standards and procedures set forth in Revised Code of Washington 7.80(Civil Infractions). Each day of the violation shall be considered a separate offense. (Ord. 179-02 Attach. B (part), 2002; Ord. 142-02 Attach. B(part), 2002: Ord. 88-02 Attach. B(part), 2002: Ord. 116-01 Attach. A(part), 2001: Ord, 129-00 Attach. A §2 (part), 2000: Res. 79-78 (part), 1998: Res. 136-96(part), 1996). http://www.co.mason.wa-us/code/commissioners/­DATA/TITL.../15-13-020_Penalty_.htm 12/10/2004 i 14.12.030 Chapter 14.12 in accordance with the fee schedule as adopted by the ju- risdiction whether or not a permit is then or subsequently VIOLATION AND PENALTIES issued. The unlawful continuance of work without a per- mit after having been posted with a stop work order shall Sections: \\ be subject to double violation fees upon the second posting 14.12.030 Violation and penalties. of a stop work order and other penalties as prescribed for 14.12.035 Civil infractions. by Title 15, Mason County Code. (Ord. 59-04 (part), 14.12.040 IBC Section 114 and IRC Section 2004). R114 Stop work order. 14.12.045 Site investigation fee—Work 14.12.050 ,Occupancy violations. without a permit. Whenever any building or structure or equipment 14.12.048 Violation permit fee—Work therein regulated by this code is being used contrary to the without a permit. provisions of this code, the building official may order 14.12.050 Occupancy violations. such use discontinued and the structure,or portion thereof, vacated by notice served on any person causing such use 14.12.030 Violation and penalties. to be continued. Such person shall discontinue the use Shall be as prescribed in Title 15,Mason County Code. within the time prescribed by the building official after (Ord. 59-04(part),2004:Ord.45-99(part), 1999). receipt of such notice to make the structure, or portion thereof,comply with the requirements of the code.It shall 14.12.035 Civil infractions. be a misdemeanor to occupy the posted building or struc- Shall be as prescribed in Title 15,Mason County Code. ture,or to remove or deface the notice and shall be subject (Ord. 59-04(part),2004: Ord.45-99(part), 1999). to penalties as prescribed for by Title 15, Mason County 14.12.040 IBC Section 114 and 1RC Section Code. (Ord.59-04(part),2004:Ord.45-99(part), 1999). c R114 Stop work order. Adopted,amended and supplemented: The posting of a stop work order shall be effective when posted at the location of the violation and shall constitute notice to the owner,owners agent or person doing the work when posted.The removal,mutilation, destruction or concealment of a Stop Work Order shall be subject to penalties as prescribed by the Mason County Code. (Ord. 59-04 (part),2004:Ord.45-99(part), 1999). 14.12.045 Site investigation fee—Work without a permit. Whenever any work for which a permit is required by this code has been commenced without first obtaining said permit and a site investigation has been performed,a site inspection fee shall be assessed in accordance with the fee schedule adopted by the jurisdiction. (Ord. 59-04 (part), 2004). 14.12.048 Violation t on permit p fee—Work without a permit. Whenever any work for which a permit is required by this code has been commenced without first obtaining said permit and a stop work order has been placed,a violation fee,equal to the amount of the permit fee shall be assessed (Mason County Supp.No.5,9-04) 390-4 1997 UNIFORM BUILDING CODE 101 104.2.4 Volume l Chapter 1 ADMINISTRATION SECTION 101 —TITLE, PURPOSE AND SCOPE may institute any other appropriate action to prevent,restrain,cor- 101.1 Title. These regulations shall be known as the Uniform rect or abate the violation. Building Code, may be cited as such and will be referred to herein as "this code." SECTION 103—VIOLATIONS 101.2 Purpose. The purpose of this code is to provide minimum It shall be unlawful for any person, firm or corporation to erect, standards to safeguard life or limb, health, property and public construct,enlarge, alter,repair,move, improve,remove,convert welfare by regulating and controlling the design, construction, or demolish,equip,use,occupy or maintain any building or struc- quality of materials,use and occupancy,location and maintenance ture or cause or permit the same to be done in violation of this of all buildings and structures within this jurisdiction and certain code. equipment specifically regulated herein. The purpose of this code is not to create or otherwise establish or SECTION 104—ORGANIZATION AND designate any particular class or group of persons who will or ENFORCEMENT should be especially protected or benefited by the terms of this code. 104.1 Creation of Enforcement Agency. There is hereby estab- lished in this jurisdiction a code enforcement agency which shall 101.3 Scope. The provisions of this code shall apply to the be under the administrative and operational control of the building construction,alteration,moving,demolition,repair,maintenance official. and use of any building or structure within this jurisdiction,except work located primarily in a public way,public utility towers and 104.2 Powers and Duties of Building Official. poles, mechanical equipment not specifically regulated in this 104.2.1 General. The building official is hereby authorized and code,and hydraulic flood control structures. directed to enforce all the provisions of this code.For such pur- For additions, alterations, moving and maintenance of build- poses,the building official shall have the powers of a law enforce- ings and structures,see Chapter 34.For temporary buildings and ment officer. structures see Section 3103 and Appendix Chapter 31. The building official shall have the power to render interpreta- Where,in any specific case,different sections of this code spec- tions of this code and to adopt and enforce rules and supplemental ify different materials,methods of construction or other require- regulations to clarify the application of its provisions.Such inter- ments,the most restrictive shall govern.Where there is a conflict pretations,rules and regulations shall be in conformance with the between a general requirement and a specific requirement, the intent and purpose of this code. specific requirement shall be applicable. 104.2.2 Deputies. In accordance with prescribed procedures Wherever in this code reference is made to the appendix, the and with the approval of the appointing authority,the building of- provisions in the appendix shall not apply unless specifically ficial may appoint such number of technical officers and inspec- adopted. tors and other employees as shall be authorized from time to time. The building official may deputize such inspectors or employees as may be necessary to carry out the functions of the code enforce- SECTION 102—UNSAFE BUILDINGS OR ment agency. STRUCTURES 104.2.3 Right of entry. When it is necessary to make an inspec- All buildings or structures regulated by this code that are structur- tion to enforce the provisions of this code,or when the building ally unsafe or not provided with adequate egress,or that constitute official has reasonable cause to believe that there exists in a build- a fire hazard,or are otherwise dangerous to human life are,for the ing or upon a premises a condition that is contrary to or in violation purpose of this section,unsafe.Any use of buildings or structures of this code that makes the building or premises unsafe,dangerous constituting a hazard to safety,health or public welfare by reason or hazardous,the building official may enter the building or prem- of inadequate maintenance,dilapidation,obsolescence, fire haz- ises at reasonable times to inspect or to perform the duties imposed ard, disaster, damage or abandonment is, for the purpose of this by this code,provided that if such building or premises be occu- section, an unsafe use. Parapet walls, cornices, spires, towers, pied that credentials be presented to the occupant and entry re- tanks, statuary and other appendages or structural members that quested.If such building or premises be unoccupied,the building are supported by,attached to,or a part of a building and that are in official shall first make a reasonable effort to locate the owner or deteriorated condition or otherwise unable to sustain the design other person having charge or control of the building or premises loads that are specified in this code are hereby designated as un- and request entry. If entry is refused, the building official shall safe building appendages. have recourse to the remedies provided by law to secure entry. All such unsafe buildings,structures or appendages are hereby 104.2.4 Stop orders. Whenever any work is being done con- declared to be public nuisances and shall be abated by repair,reha- trary to the provisions of this code,or other pertinent laws or ordi- bilitation, demolition or removal in accordance with the proce- nances implemented through the enforcement of this code, the dures set forth in the Dangerous Buildings Code or such alternate building official may order the work stopped by notice in writing procedures as may have been or as may be adopted by this jurisdic- served on any persons engaged in the doing or causing such work tion.As an alternative,the building official,or other employee or to be done,and any such persons shall forthwith stop such work official of this jurisdiction as designated by the governing body, until authorized by the building official to proceed with the work. 1-1 104.2.5 1997 UNIFORM BUILDING!:ODE 106.2 104.2.5 Occupancy violations. Whenever any building or Test methods shall be as specified by this code or by other rec- structure or equipment therein regulated by this code is being used ognized test standards.If there are no recognized and accepted test contrary to the provisions of this code,the building official may methods for the proposed alternate,the building official shall de- order such use discontinued and the structure,or portion thereof, termine test procedures. vacated by notice served on any person causing such use to be con- All tests shall be made by an approved agency.Reports of such tinued.Such person shall discontinue the use within the time pre- tests shall be retained by the building official for the period re- scribed by the building official after receipt of such notice to make quired for the retention of public records. the structure,or portion thereof,comply with the requirements of this code. 104.2.10 Cooperation of other officials and officers. The building official may request,and shall receive,the assistance and 104.2.6 Liability. The building official charged with the en- cooperation of other officials of this jurisdiction so far as is re- forcement of this code,acting in good faith and without malice in quired in the discharge of the duties required by this code or other the discharge of the duties required by this code or other pertinent pertinent law or ordinance. law or ordinance shall not thereby be rendered personally liable for damages that may accrue to persons or property as a result of an act or by reason of an act or omission in the discharge of such du- SECTION 105—BOARD OF APPEALS ties.A suit brought against the building official or employee be- cause of such act or omission performed by the building official or 105.1 General. In order to hear and decide appeals of orders,de- employee in the enforcement of any provision of such codes or cisions or determinations made by the building official relative to other pertinent laws or ordinances implemented through the en- the application and interpretation of this code,there shall be and is hereby created a board of appeals consisting of members who are forcement of this code or enforced by the code enforcement Y PPe agency shall be defended by this jurisdiction until final termina- qualified by experience and training to pass on matters pertaining tion of such proceedings, and any judgment resulting therefrom to building construction and who are not employees of the juris- shall be assumed by this jurisdiction. diction.The building official shall be an ex officio member of and shall act as secretary to said board but shall have no vote on any This code shall not be construed to relieve from or lessen the re- matter before the board.The board of appeals shall be appointed sponsibility of any person owning, operating or controlling any by the governing body and shall hold office at its pleasure.The building or structure for any damages to persons or property board shall adopt rules of procedure for conducting its business, caused by defects,nor shall the code enforcement agency or its and shall render all decisions and findings in writing to the appel- parent jurisdiction be held as assuming any such liability by rea- lant with a duplicate copy to the building official. son of the inspections authorized by this code or any permits or certificates issued under this code. 105.2 Limitations of Authority. The board of appeals shall have no authority relative to interpretation of the administrative 104.2.7 Modifications. When there are practical difficulties in- provisions of this code nor shall the board be empowered to waive t volved in carving out the provisions of this code,the building of- requirements of this code. ficial may grant modifications for individual cases.The building official shall first find that a special individual reason makes the strict letter of this code impractical and that the modification is in SECTION 106—PERMITS conformance with the intent and purpose of this code and that such 106.1 Permits Required. Except as specified in Section 106.2, modification does not lessen any fire-protection requirements or no building or structure regulated by this code shall be erected, any degree of structural integrity.The details of any action grant- constructed, enlarged, altered, repaired, moved, improved, re- ing modifications shall be recorded and entered in the files of the moved,converted or demolished unless a separate permit for each code enforcement agency. building or structure has first been obtained from the building offr- 104.2.8 Alternate materials,alternate design and methods of cial. construction. The provisions of this code are not intended to pre- 106.2 Work Exempt from Permit. A building permit shall not vent the use of any material, alternate design or method of be required for the following: construction not specifically prescribed by this code, provided any alternate has been approved and its use authorized by the 1. One-story detached accessory buildings used as tool and building official. storage sheds, playhouses, and similar uses, provided the floor area does not exceed 120 square feet(11.15 m2). The building official may approve any such alternate,provided the building official finds that the proposed design is satisfactory 2 Fences not over 6 feet(1829 mm)high. and complies with the provisions of this code and that the material, 3. Oil derricks. method or work offered is,for the purpose intended,at least the 4. Movable cases, counters and partitions not over 5 feet equivalent of that prescribed in this code in suitability, strength, 9 inches(1753 mm)high. effectiveness,fire resistance,durability,safety and sanitation. The building official shall require that sufficient evidence or 5. Retaining walls that are not over 4 feet(1219 mm)in height proof be submitted to substantiate any claims that may be made measured from the bottom of the footing to the top of the wall,un- regarding its use.The details of any action granting approval of an less supporting a surcharge or impounding Class I,II or III-A liq- alternate shall be recorded and entered in the files of the code en- forcement agency. 6. Water tanks supported directly upon grade if the capacity does not exceed 5,000 gallons(18 927 L)and the ratio of height to 104.2.9 Tests. Whenever there is insufficient evidence of com- diameter or width does not exceed 2:1. pliance with any of the provisions of this code or evidence that any 7. Platforms, walks and driveways not more than 30 inches material or construction does not conform to the requirements of (762 mm)above grade and not over any basement or story below. this code,the building official may require tests as proof of com- pliance to be made at no expense to this jurisdiction. 8. Painting,papering and similar finish work. 1-2 ATTACHMENT B INQUIRY BY NAME Name Cd BYER1810 BYERLY, JONATHAN H & TERESA A P 0 BOX 391 BELFAIR, WA 985280391 1 RP 22318 75 00060 TR 6 OF SURVEY 2/6-8 24 , 500 T 9100 2 RP 22318 75 00170 TR 17 OF SURVEY 2/6-8 72 , 050 T 1112 Inquiry Type VL Select Line # 00 -or- Search for Parcel END OF DATA CMD 7 for EOJ HELP key Allowed Mode : INQUIRY REAL PROPERTY Auto Roll : OFF �&. Parcel # 22318 75 00170 Rng 2 Twp 23 Sec 18 Tax Yr 2005 Taxpayer # BYER 1810 BYERLY, JONATHAN H & TERESA A T/P Chg Dt 5/05/1999 Title Owner # BYER 1810 BYERLY, JONATHAN H & TERESA A T/P Chg By PJK Contract Owner # Loan # Plat/Condo Type Code Blk Lot Unit Dock Description TR 17 OF SURVEY 2/6-8 Assoc M/H Chg Dt 7/03/2002 Chg By PJL Chg Rs RV FS 05421: 17 BK 066B Tax Code 0262 1 403 D P3 F2 L H Land Use 1112 TWO BEDROOM Zoning Code Tax Stat TX TAXABLE Reval 2 Chg Rs F/P? Y Ac 369 3 .69 Land: Improved Unimproved Timberland Total Land Improvement Total AV Acres 200 369 5 . 69 Taxable 9, 800 14, 700 24, 500 47, 550 72, 050 Market New/C 0/AV Mob Home AV Sub Cd Int% Sr Cit Cd Reg Exmpt O/R Regular Taxable 72, 050 Lien Date AF # As-Tx Yr App # Agr # WINDOW Command Keys : 5, 6, 7, 9, 12 ATTACHMENT C i t M Fri March 5, 2004 500 NE Dewatto Hilts Rd.,Tahuya Do Not Occupy and Stop Work Order posted ATTACHMENT ON-SITE SEWAGE SYSTEM SURVEY LOWER HOOD CANAL CLEAN WATER DISTRICT j Project: LHC Area: 12 Dewatto Date: OWNER INFORMATION : MAY SAMUEL M 1280 PCH C-11 HARBOR CITY CA 90710 SITE INFORMATION: Land MH is on/ Parcel# • Owner's Phone: ��"tla—��—np� �n Address: City: State: W_ Zip: Building Type: (F-Full Time Residence; S - Seasonal Residence; C -Commercial; M - Multi-family Residence; V - Vacant ) Septic System Type: (S - Standard tank and drainfeld; P - Pressure Distribution; F- sand Filter; M - Mound; T - Deep Trench; H- out House; O - Other; U - Unknown) Installation Date: Year Last Pumped: (Enter Year or U- Unknown) System Location: (F-Front Yard; B - Back Yard; .S -side Yard; A - Adjacent Lot; U - Unknown) Number of Residents: Shoreline (Y/N): OCCUPANT INFORMATION(complete only if different than owner): Occupant's Title: (mR, mRs, ms) First Name: Last Name: Occupant's Phone: Would you like Information on Water Conservation? (Y/N) Would you be interested in a Community Workshop? (Y/l) PERMISSION FOR ACCESS TO INSPECT THE SEPTIC SYSTEM (Y/N) SIGNATURE: Date: Comments: 1 K Property Owner Consent Tracking Sheet Area: 12 Dewatto Name: MAY SAMUEL M Parcel: 2 2 318—7 5—0 017 0 Address: Site Visit #1 Date: (�7 c( G Time: V-7 Initial: Observations: (\o - C Phone Call #1 Date: Time: Initial: Notes: Site Visit #2 Date: Time: Initial: Observations: Phone Call #2 Date: Time: Initial: Notes: Phone Call #3 Date: Time: Initial: Notes: ATTACHMENT E INVESTIGATION REPORT FORM Revised 01/22/03 n m Part A: Nature of Complaint • Initiator's Name: • Address: • Telephone: - • Owner Name: tt t • Address: �7 t • Telephone: - 1 • Department of Concern ❑ Clerical wilding ❑ Health ❑ Comm Development ❑ Fire • Area of Concern: ❑ Process Delay ❑ Personnel ❑ Policy/Fee ❑ Code Violation ❑ Other Refer to Director " • Location of Concern: ct- +rn rn L z talon i o 6-- &Ain _ t— �r• Site Address n0to bv1 )G ff'n 4 A `D• Nature of Concern: 1 r n e w, o 5 g • DOES COMPLAINTANT WANT TO REMAIN ANONYMOUS ❑ Yes ❑ No Part B: Concern Intake and Referral Received By: Referred To: Response Date: Name Date Name Date Date O L� Part C: Findings Referral Forwarded to: ❑N/A Name Date Findings: Part D: Resolution Name Date Intake Copy-White File Copy-Yellow ATTACHMENT F 4 MASON COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT Permit Processing/Inspections/Addressing Mason County Bldg.III 426 W.Cedar P.O.Box 186 Shelton,WA 98584 (360) 427-9670 Belfair(360) 275-4467 Elma (360) 482-5269 Seattle (206)464-6968 April 30, 2004 NOTICE OF MASON COUNTY CODE VIOLATION Jonathan H. &Teresa A. Byerly PO Box 391 Belfair, WA 98528-0391 The receipt of this notice shall constitute service regarding notification of violations of the Mason County Code, Title 14, Building and Construction. The violation(s) are occurring at the following property: Enforcement Case File No.: ENF2004-00179 Parcel No: 22318-75-00170 Site Address: 500 NE Dewatto Hills Rd., Tahuya ❑ The Mason County Building Department investigated on 03/05/04 a complaint regarding non-permitted construction at the above location. The inspector noted that the complaint appeared valid. Photos are attached. A Stop Work Order and Do Not Occupy Notice was posted. According to the Mason County Assessor records, parties named above hold legal interest in the parcel and are therefore subject to enforcement action for failure to comply. In order to bring your site into compliance you must: 1) Demolish the structure or obtain after the fact permits. Please make the necessary arrangements to complete demolition prior to June 1, 2004 or submit for the required building permits by this date. If the structure is not demolished or permit received by June 1, 2004, we will pursue additional enforcement action against you, including but not limited to civil infractions, liens against the property through the Mason County Hearings Examiner process and/or criminal prosecution as allowed under Title 14 and Title 15 of the Mason County Code. This notice shall constitute service of a Stop Work Order. The failure to stop work or the resuming of work will result in additional penalties. Continuation of occupancy will be deemed a separate offense for each day occupancy continues. If you choose to apply for the after the fact permit, you need to contact Jenny Nickerson at(360)427-9670 ext 219 to make a submittal appointment. If you have demolished the illegal structure, please notify this office immediately so that the enforcement case against you can be closed. In the event that you feel you have received this notice in error or that the facts are inaccurate, I strongly encourage you to contact me at(360)427-9670 ext 356 to discuss your concerns immediately. Since y Tami Griffe Building Inspector/Code Enforcement Cc:Property File Jenny Nickerson, Plans Examiner/Code Enforcement UNITED STATES POSTAL SERVICE First-Class Mail cu Postage&Fees Paid USPS +i >, Permit No.G-10 • Sender: Please print your name, address, and ZIP+4 in this boxta U" rl� • - -- --- — Lj MASON COUNTY BUILDING D T LO ATTN TAMI GRIFFEY MAY 12 2004 PO BOX 186 SHELTON WA 98584 LTH SERVICES .,E Complete items 1,2,and 3.Also complete A Signature item 4 if Restricted Delivery is desired. ❑Agent Print your name and address on the reverse see so that we can return the card to you. B. Received by(Printed Name) C. Date of Delivery 1 Attach this card to the back of the mailpiece, or on the front if space permits. . Arti,ia AH­­1 _ D. Is delivery address different from item 1? ❑Yes If YES,enter delivery address below: 13 No 4 JONATHAN H.&TERESA BYERLY PO BOX 391 BELFAIR WA 98528 3. ervice Type : .Certified Mail ❑Express Mail ❑Registered ❑Return Receipt for Merchandise 0 Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes Article Number 7002 3150 0000 2 918 4561 {rransfer from service label) S Form 3811,August 2001 Domestic Return Receipt,,_ 2 M ATTACHMENT G 12/10/2004 Case Activity Listing 3:22:3QPM Case#: ENF2004-00179 1rf;0 Assigned Done Activity Description Date I Date 2 Date 3 Hold Disp To By Updated Updated By ENFA010 Complaint Received 3/5/2004 None DONE TLG 4/27/2004 TLG Per Penny ENFB020 Site Investigation/Stop Work 3/5/2004 None DONE TFR 4/27/2004 TLG ENFA500 Photos attached. See Documents 4/27/2004 None 4/27/2004 TLG ENFB006 Notification of Owner 4/30/2004 None DONE TLG 4/30/2004 TLG Cert and 1st class to PO Box 391 Belfair. Demo or permit by 6/1/04. Continuation of work or occupancy is separate offense ENFBO15 Cert.Notification Status 5/7/2004 None ACCE TLG 5/14/2004 TLG Accepted by Teresa Byerly. Dated by her 4n but notice got mailed after that date. Assume 5/7 ENFA900 Telephone Call 5/11/2004 None DONE TLG 5/11/2004 TLG Spoke to Jon Byerly who got my letter.Previously we had just been getting voice mails etc. Fwd'd him to JRN to get info on plans needed. ENFA900 Telephone Call 7/19/2004 None DONE TLG 7/19/2004 TLG Talked to realtor,Sue Harding. Informed her that cert of exist.non-confomung structure to be recorded and ATF permit required. Will send her a copy with ATF permit packet to PO Box 307,Belfair,WA 98528 ENFA900 Telephone Call 8/12/2004 None DONE TLG 8/16/2004 TLG Spoke with Sue Harding of Reid Real Estate. She has an interested buyer and requested information on permitting. I faxed her fee schedule and permit requriements ENFA900 Telephone Call 8/27/2004 None DONE JRN 8/27/2004 JRN Spoke with Michelle, a potential purchaser,who inquired as to the permit fees and documents required for the structure. She stated that ther real estate agreement requires the purchaser of the site to obtain the neccessary permits. I informed her that the permit fee worksheet is available online, but I was unsure if the violation fees would be charged(e-mail sent to TLG,cc'd to Michelle). I also suggested speaking to a Planner or having a pre-site inspection performed to confirm the setback requirements have been met and that no geotech work will be needed. I informed her that an analysis by a structural engineer maybe required in order to determine the adequacy of the foundation and framing placed without neccessary inspections. JRN 08-27-04 ENFA500 Photos attached. See Documents 12/6/2004 None DONE LDK 12/9/2004 TLG Reposted D.N.O and left c/n,structure appears to occupied. Page 1 of 2 CaseActivity..rpt 12/10/2004 Case Activity Listing 3:22:30PM Case#: ENF2004-00179 Assigned Done Activity Description Date 1 Date 2 Date 3 Bold Disp To By Updated Updated By ENFB008 DO NOT OCCUPY NOTICE 12/6/2004 None DONE LDK 12/9/2004 TLG Reposted D.N.O.and left correction notice,structure appears to occupied. Page 2 of 2 CaseActivity..rpt 5/19/2005 Case Activity Listing 9:30:52AM Case#: ENF2004-00179 P10 Assigned Done Activity Description Date I Date 2 Date 3 Hold Disp To By Updated Updated By ENF13008 DO NOT OCCUPY NOTICE 12/6/2004 None DONE LDK 12/9/2004 TLG Reposted D.N.O.and left correction notice,structure appears to occupied. ENFB001 Inspection 3/18/2005 done DONE LAW 5/19/2005 TLG I met with the owner,John Byerly,on site to look at the structure to see what it would take to make it comply with current code requirements. After inspecting the structure,it would be required to be engineered.The building is constructed from mostly small logs bui It like a pole building.The owner stated that the engineer he had on site said he would have to almost completly reconstruct the building to bring it into complance and he would rather take it down.I ok'ed the re-moval,I also told him that it could not be occupied,he agreed and said his family would be moving in the next week to Oregon. C� S C� Page 2 of 2 CaseActivity..rpt ATTACHMENT H i ....�......._._.. -.._ .�.__ -�- 1�� ■ A FM 41 r., December 6, 2004 500 NE Dewatto Hills Rd.,Tahuya Do Not Occupy and Correction Notice posted