6516 ELLIOTT WAY 2016-01-01 MF Import

TO � FqOM DATE sue,ecr p�e _2_ CITV OF [VE(i[TT, EV[NETT WqSI11NGTON hermless from eny end all liabiIIty resulting from her operation of the boarding house in an R-2 zone. On November 2, 1982, Gerry Ervine and Walt Cooper Z inapected the premisea and found that Fleck still had nine boarders and had made � no apparent effort to comply. �, m Course of Action: Because of the Fire Code violations, it is of paremount �. .., concern to the City that Fleek bring her strueture Into immediata compliance. The "-' �' anomaly of this situation, the Fire Code violations which even if ^orrected would ,'"„ _ not reetify the underlying Zoning Code violattons, requires a two-fold enforcement o m approach. Therefore, I recommend that the City do the fellowing: m o c� 1• Pursuant to the Fire Code, the Fire Marshel should issue an Order steting � .3 that the atructure is in violatton of the Fire Cocie and giving Fleck a short = � period of time in which to comply, Pursuant to the Code, she would be "' .. entitled to appeel that determination to the Board of Appeals. Assuming A Z the Fire Marahal's Order was to be upheld, and she failed to comply with the � _ Order, then the City then could issue a criminal citation or in the "" alternative, the City might be able to seek en injunetion. � `� � � oa 2. The Building Depertment should issue an Order that the use of the strueture is in v(olation of the Zoning Code. This determination could be appeeled to r=., � the Board of Adjustment/Hearing Examiner. According to EMC 19.70.020, o `" "the board shall not be permitted to grant a use not allowed in the zone in � m which it lies��, which practically speaking, makes an eppeal a nallity. 3 ,`^„ Asauming the Building Department's determination wes to be upheld, then Z r, the City could either i�sue a criminal citation or file an action heving 'i rr„ Fleck's operation declared a public nuisance and seeking an injunetion, n A Doth of these processes would take time assuming Fleck appeals the City's initial D determination. The Planning Department hes discussed this matter with her on Z previous occasions as evidenced by the agreement. Perhsps it would be more 'i pelatable trom Administration's perspect:ve if staff were to meet with Fleck and "' her attorney prior to issuing the Orders and explain the City's intended course of Z actton and giving reasons for doing so. o -i Pleeae contact me if you have eny questtons. " m cc: Gerry Ervine Doug Budden Larry Callehan Walt Cooper Grant Weed