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Home My WebLink AboutConstruction to Home without County Permits or Approval - BLD Letters / Memos - 10/23/2008 A�oN cot, MASON COUNTY J DEPARTMENT OF COMMUNITY DEVELOPMENT Mason County Bldg. III, 426 West Cedar Street - PO Box 186, Shelton, WA 98584 1854 www.co.masonma.us (360)427-9670 Belfair(360)275-4467 Elma(360)482-5269 October 23, 2008 NOTIFICATION OF CONTINUED MASON COUNTY CODE VIOLATION AND PENDING ENFORCEMENT ACTION Arthur Tozier Jr. 110 Mill St. Shelton, WA 98584-1408 The receipt of this notice shall constitute service regarding notification of a continuing violation of the Mason County Code, Title 14, Building and Construction. According to the Mason County Assessor records you are the Title Owner and Taxpayer of this parcel. Enforcement Case File No.: BCC2008-00309 The violation(s) are occurring at the following property: Parcel No.: 42115-32-00100 Site Address: 401 W. Bourgault Rd. W., Shelton, WA Legal Description: TR10 of NW SW The Mason County Department of Community Development, Building Division, has a pending enforcement case against you. As a result of the enforcement action, a permit was submitted under BLD2006-00018 for land modification by you and has since been cancelled. We have also observed construction to the single family residence of extensive exterior and interior work without the required county permits or approval. Pursuant to the Mason County Code, this department may issue civil infractions when a violation of Title 14, Building and Construction Code, occurs. Additionally, Title 15 of the Mason County Code also allows for the case to be heard and penalties assessed according to Section 15.13 through the Hearings Examiner process. Current violations consist of the following: ❑ Illegal construction to residence without permits and work performed under cancelled permits as per Mason County Code Title 14, Chapter 14.08.030. To bring your site into compliance, you must: 1. Cease all construction in the absence of county permits or approval; 2. Submit the necessary after-the-fact building permits for exterior and interior construction on residence and retaining wall; 3. Submit a permit for the foundation work and raising of residence as permit MIS96-00562 has been cancelled due to expiration and foundation has never been approved. This permit was necessary due to enforcement actions; 4. Reinstate permit GRD2006-00018 for grading and land modification which has been cancelled due to expiration. Permit was necessary due to enforcement actions. Please note that any construction, repair work and/or land modification currently being done must cease immediately until the required permits have been issued and approved by all departments. If additional permits were required to be obtained due to previous permits, it is a possibility that they may be need to be reviewed, reinstated, or reapplied for at additional costs. The parties shall respond to the county within 21 days of the postmark, or delivery of this notice. 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 immediately to discuss your concerns. If not, I will expect the permit issues to be resolved within 21 days upon receipt of this notice. If you should have any questions, I can be reached by phone at (360) 427-9670 ext. 356. Failure to comply with this notice will result in additional enforcement actions against you. Sincerely, Mindi Brock Building Inspector/Code Enforcement Cc: Property File Enclosures: Photos 2 6/19/2012 Case Activity Listing 9:37:26AM 11 Case #: BLD2009-00212 010 Assigned Done Activity Description Date 1 Date 2 Date 3 Hold Disp To By Updated Updated By BLDB130 Planning Review 3/26/2009 None TSW 3/26/2009 KKK BLDA010 Application Received 3/26/2009 3/26/2009 None DONE KKK 3/26/2009 KKK BLDA810 Photos attached.See Documents 4/2/2009 None DONE DLC 4/2/2009 DLC Photo 4.1.2009 BLDB110 Building Plan Review 3/26/2009 4/20/2009 None DONE LAW LAW 4/20/2009 LAW LARRY WATERS REVIEWING WHEN RETURNS TO OFFICE. Page I of I CaseActivity..rpt 6/18/2012 Case ActivityListing g 4:36:37PMNP10 36:3 Case#: BCC2008-00309 Assigned Done VF Activity Description Date 1 Date 2 Date 3 Hold Disp To By Updated Updated By BCCA10 Complaint Received 10/22/2008 None 10/22/2008 MB BCCA140 Miscellaneous Action 10/22/2008 None DONE MB 10/22/2008 MB Notes pulled from parcel.Appears that a stop work notice was posted by LDK on Sept. 18,2006 for violation of flood damage prevention ord.,failure to obtain the required permits. GRD 2006-00018 was issued for the work and approved.Permit has since expired. Work is being performed on the home without any current building permits or approval.The interior and exterior work on the home along with the retaining wall and the fill need to be addressed. BCCA140 Miscellaneous Action 10/29/2008 None DONE MB 10/29/2008 MB Copy of letter to MEC for approval prior to sending.Spoke with Barbara A.in regards to letter and she said that Commissioner Tim Sheldon gave approval to start enforcement case and to send the letter. Letter dated 10/30/2008.Sent first class and certified on 10/30/2008. BCCC50 Notice to Owner 10/30/2008 None DONE MB 10/29/2008 MB MC Code Violation Notice sent to owner regarding expired permits and compliance actions.21 days to comply.If no response,will post stop work notice and possibly DNO.See attached letter. III BCCC100 Status of Notification 10/31/2008 None DONE MB 11/3/2008 MB Certified mail receipt accepted.Signed by Ron K(?).Dated 10/31/2008 BCCA30 Telephone Call 11/14/2008 None DONE MB 11/17/2008 MB VMOR from Art T.regarding notice.He explained that no construction has taken place and that he did have a final inspection done on the foundation from Lary Waters about 10 or 12 years ago.He said that he would reinstate the grading permit and no construction for 7 or 8 years on the house. He has done work on the retaining wall and brought in fill but is not done with the work.Asked me to return is call at 360-490-6766. BCCA30 Telephone Call 11/17/2008 None DONE MB 11/17/2008 MB Returned phone call to Art.He is scheduled to come in to meet on Tuesday,Nov. 18 from 8:30-9:30 am. BCCA40 Meeting 11/18/2008 None DONE MB 11/19/2008 MB Met with Art Tozier regarding enforcement actions.He is to get ATF permits for retaining wall,remodel,new roof and installation of windows.He was also instructed to contact Ryan C.of planning regarding grading and flood area restrictions and requirements.An inspection was scheduled on GRD2006-00018.I had Art speak with Trish regarding the permit requirements.Art agreed to contact me within 10 days with his intentions on permitting the wall and work to the structure. BCCB80 Site Invest./Inspection 11/20/2008 None DONE LDK 11/21/2008 MB Site inspection,conducting Grading inspection,took photos of SRF and retaining wall,see attached. Pagel of 2 CaseAeuvity-rpt Case ActivityListing6/18/2 4:36:37PMPM Case#: BCC2008-00309 PIO IV; IV Assigned Done Activity Description Date 1 Date 2 Date 3 Hold Disp To By Updated Updated By BCCB80 Site Invest./Inspection 12/9/2008 None DONE LAW 12/9/2008 LAW I met with Art Tozier on site to go over the requirements that he would need to meet to obtain a final on his open permits. BCCA40 Meeting 1/22/2009 None DONE DLC 1/22/2009 DLC Per meeting with LAW on 1.21.2009: GRD2006-00018:Waiting for final report from engineer as required in condition. Has discussed requirement with Art. MIS96-00562:Final approval when eng report received from eng for GRD permit referenced above. During the discussion with Art LAW reminded him that permits are still required for the retaining wall and to address house remodel including roof,windows,etc. I i Page 2 of 2 CneAetivity_.gX 6/18/2012 Case Activity Listing 4:36:43PM36:43PM Case#: BCC2008-00309 Assigned Done Activity Description Date 1 Date 2 Date 3 Hold Disp To By Updated Updated By„ BCCA10 Complaint Received 10/22/2008 None 10/22/2008 MB BCCA140 Miscellaneous Action 10/22/2008 None DONE MB 10/22/2008 MB Notes pulled from parcel.Appears that a stop work notice was posted by LDK on Sept. 18,2006 for violation of flood damage prevention ord.,failure to obtain the required permits. GRD 2006-00018 was issued for the work and approved.Permit has since expired. Work is being performed on the home without any current building permits or approval.The interior and exterior work on the home along with the retaining wall and the fill need to be addressed. BCCA140 Miscellaneous Action 10/29/2008 None DONE MB 10/29/2008 MB Copy of letter to MEC for approval prior to sending.Spoke with Barbara A.in regards to letter and she said that Commissioner Tim Sheldon gave approval to start enforcement case and to send the letter. Letter dated 10/30/2008.Sent first class and certified on 10/30/2008. BCCC50 Notice to Owner 10/30/2008 None DONE MB 10/29/2008 MB MC Code Violation Notice sent to owner regarding expired permits and compliance actions.21 days to comply.If no response,will post stop work notice and possibly DNO.See attached letter. BCCC100 Status of Notification 10/31/2008 None DONE MB 11/3/2008 MB Certified mail receipt accepted.Signed by Ron K(?).Dated 10/31/2008 BCCA30 Telephone Call 11/14/2008 None DONE MB 11/17/2008 MB VMOR from Art T.regarding notice.He explained that no construction has taken place and that he did have a final inspection done on the foundation from Larry Waters about 10 or 12 years ago.He said that he would reinstate the grading permit and no construction for 7 or 8 years on the house. He has done work on the retaining wall and brought in fill but is not done with the work.Asked me to return is call at 360-490-6766. BCCA30 Telephone Call 11/17/2008 None DONE MB 11/17/2008 MB Returned phone call to Art.He is scheduled to come in to meet on Tuesday,Nov. 18 from 8:30-9:30 am. BCCA40 Meeting 11/18/2008 None DONE MB 11/18/2008 MB Met with Art Tozier regarding enforcement actions.He is to get ATF permits for retaining wall,remodel,new roof and installation of windows.He was also instructed to contact Ryan C.of planning regarding grading and flood area restrictions and requirements.An inspection was scheduled on GRD2006-00018.I had Art speak with Trish regarding the permit requirements.Art agreed to contact me within 10 days with his intentions on permitting the wall and work to the structure. BCCB80 Site Invest./Inspection 11/20/2008 None DONE LDK 11/21/2008 MB Site inspection,conducting Grading inspection,took photos of SRF and retaining wall,see attached. I Page 1 of 2 CaseAcuvity._rpt 6/18/2012 Case Activity g 4:36:43PM Listing 36:43PM Case #: BCC2008-00309 P14 Assigned Done Activity Description . Date 1 Date 2 Date 3 Hold Disp To By Updated Updated By BCCB80 Site Invest./Inspection 12/9/2008 None DONE LAW 12/9/2008 LAW I met with Art Tozier on site to go over the requirements that he would need to meet to obtain a final on his open permits. BCCA40 Meeting 1/22/2009 None DONE DLC 1/22/2009 DLC Per meeting with LAW on 1.21.2009: GRD2006-00018:Waiting for final report from engineer as required in condition. Has discussed requirement with Art. MIS96-00562:Final approval when eng report received from eng for GRD permit referenced above. During the discussion with Art LAW reminded him that permits are still required for the retaining wall and to address house remodel including root,windows,etc. it i it Page 2 of 2 CaseActivity..rpt II 6/19/2012 Case Activity Listing 9:11:52AM 11V Case #: BLD2009-00217 iT Assigned Done Activity Description_ Date 1 Date 2 Date 3 Hold Disp To By Updated Updated By BLDA010 Application Received 3/26/2009 None 3/26/2009 TW BLDB110 Building Plan Review 3/31/2009 None HOLD 4/2/2009 ARC see attached letter sent for review requirements. arc 4-2-09 BLDB130 Planning Review 3/31/2009 None PEND TSW 4/8/2009 TSW 4/8/09:See attached letter requesting more information. BLDB400 Building Review Revision None 5/31/2012 TW BLDB410 Planning Review Revision 5/31/2012 None RDH 5/31/2012 TW BLDB420 EH Review Revision None 5/31/2012 TW BLDA810 Photos attached.See Documents 4/2/2009 None DONE DLC 4/2/2009 DLC Photos taken by LDK on 4.1.2009 BLDB201 More Info Letter-EH 4/6/2009 None DONE ADR 4/6/2009 ADR BLDB200 Environmental Health Review 3/31/2009 4/7/2010 None DONE ADR 4/7/2010 ADR Need satisfactory pumpers report 4/7/2010 Pumpers report provided. BLDB007 Plan Revisions Submitted 5/31/2012 None DONE TW 5/31/2012 TW applied for garage with living space Page 1 of 1 caseAMvity.spt MASON COUNTY Shelton 360 427-9670 DEPARTMENT OF COMMUNITY DEVELOPMENT Belfair (360) 275-4467 Planning Elma (360)482-5269 _ Mason County Bldg 1 411 N.5th P.O.Box 279 Shelton,WA 98584 1 54 June 18,2012 Art Tozier 110 Mill St. Shelton,WA 98584 RE: Application Submitted for Garage Addition at PN 42115-32-00100 c1�• Dear Mr.Tozier: Mason County has received your Building Permit Application to construct an attached, residential `garage with livin e a permit for an addition to our a following reasons: 1. a proposed addition is attached to a house for which a permit BLD2009-00217)has not en issued and has expired. 08- 003 2. The proposed addition is supported by fill for which a permit 20 - as not \ , received final occupancy and has expired. Also,the fill placed on site since 2005 may exceed the 490 cubic yards that the application was submitted for. 3. The original scope of the fill footprint/volume reviewed per the 1998 SEPA Deter n of Nor Si ance has berms<gn scantly exceeded and req ' a SEPA C4�. The on for proper environmental review. \ roposed addition is supported by a retain'ng wll for which a permit BLD2 09- )has not been issued and has expired. 1''�/'s�'u �� 5�. The proposed addition is within the floodplain and floodway of the Skokomish River where residential development is prohibited per MCC 8.52.130. Prior to any ;-IvJ development of substantial improvement,a Letter of Map Amendment approved by FEMA shall be submitted showing that the filled area i5,no longer located within the mapped floodplain. L-Ds 'Aft , � �2 6. The proposed addition is within Skokomish River's regulated shorelands(per the Mason County Shoreline Master Program all floodways are shorelands). Development activities within shorelands shall require a Substantial Development Permit,unless exempt per WAC 173-27-040. Although normally single-family residential construction is shoreline `exempt,' this development does not meet"all requirements of the state agency or local government having jurisdiction thereof." 7. Rural Residential 5 zoning allows for only 1 residential dwelling unit per any parcel that is less than 10 acres(1 dwelling unit per 5 acres),except upon being granted approval for an Accessory Living Quarters,which requires a Shoreline Substantial Development Permit. 8. You have outstanding fees attached to previously submitted applications/cases. If you have specific questions,please pay the outstanding fees at the Mason County Permit Center and then schedule a meeting. You will be charged$70 per hour for the length of the meeting and the preparation/follow-up review. Sincerely, r Rebecca Hersha,Planner Mason County Dept.of Community Development (360)427-9670 Ext 287 cc: Dick Look Construction