Loading...
2015, 01-21 Voluntary Compliance Agreement• Sjibkane •••OValley 11707 E Sprague Ave. • Suite 106 • Spokane Valley WA 99206 509.720.5240 • Fax: 509.688.0037 • permitcenter@spokanevalley.org VOLUNTARY COMPLIANCE AGREEMENT SPOKANE VALLEY MUNICIPAL CODE VIOLATIONS The Spokane Valley Municipal Code (SVMC) 17.100.100 provides authority for person(s) responsible for violations of the SVMC to enter into a voluntary compliance agreement with the City of Spokane Valley (the "City") to address the identified violations. The City has determined that Stephen Ford has caused violations of the SVMC as detailed in this voluntary compliance agreement to exist at 228 N. Bannen Rd., Spokane Valley, Washington. The City and Stephen Ford enter into this voluntary compliance agreement to address clean-up and abatement of the violations within the terms set forth herein. By signing below, Stephen Ford and the City hereby acknowledge with respect to this voluntary compliance agreement that: 1. It is a written, signed commitment by Stephen Ford, as a person responsible for a code violation(s), to agree to abate the violation(s), remediate the site, and/or mitigate the impacts of the violation(s) as specified in this agreement. 2. By entering into this voluntary compliance agreement, Stephen Ford, as a person responsible for a code violation(s), waive the right to administratively or judicially appeal the determination of the code violation(s). By entering this agreement, you thereby admit that the conditions described in this voluntary compliance agreement exist as described and constitute violation(s) of the City of Spokane Valley Municipal Code. 3. This voluntary compliance agreement is not a settlement agreement. 4. This voluntary compliance agreement specifies the shortest reasonable time period for compliance, as determined by the Community Development Director (the "Director"). 5. Extensions of the time limit for compliance, or a modification of the required corrective action may be granted by the Director if you, as a person responsible for the code violation(s), have shown due diligence or substantial progress in correcting the violation(s), but circumstances render full and timely compliance under the original Page 1 of 5 t conditions unattainable. Any such extension or modification must be in writing and signed by the Director and you and any other person(s) who signed the original voluntary compliance agreement. To suspend civil monetary fines, please initial/date and sign the highlighted areas and return all pages in the enclosed envelope The City and Stephen Ford hereby agree, based upon the consideration set forth herein, to the following terms and conditions of this voluntary compliance agreement: I. FACTUAL INFORMATION AND COMPLIANCE TERMS: NAME: Stephen Ford ADDRESS OF Stephen Ford IF NOT THE SAME ADDRESS AS SITE OF VIOLATION(S): 320 S. Sullivan Road, Spokane Valley, Washington 99037 SITE ADDRESS: 228 N. Bannen Road, Spokane Valley, Washington PARCEL NO: 45143.9015 LEGAL DESCRIPTION: (CITY OF SPOKANE VALLEY) SHP 24-07 LT 2 (AUDITORS #5715635 BK 24 PGS 97 & 98) BEING A PTN OF SW1/4 SEC 14-25-44 DESCRIPTION OF VIOLATION, INCLUDING REFERENCE TO SVMC SECTION VIOLATED: 1. 19.40.020 Residential standards. (B). All residential driveways and off-street parking areas shall be paved with asphalt, Portland cement, grasscrete, paver blocks or other equivalent hard surface material. 2. Landing platforms do not have footings meeting the 2012 International Residential Code. REQUIRED CORRECTIVE ACTION: 1. Driveways and off-street parking improvements must be provided according to 19.40.020 (B) SVMC Page 2 of 5 s 2. Permanent concrete footings must be installed at exit door landings. DATE/TIME FOR COMPLETION OF CORRECTIVE ACTION: April 30, 2015 AMOUNT OF CIVIL PENALTY IF AGREEMENT NOT SATISFIED: $500.00. If the terms of this voluntary compliance agreement are not met by the date specified above, the City shall notify you of such failure and assess you the civil penalty, which shall be paid within 20 days from date of such notification. Page 3 of 5 II. FURTHER AGREEMENT: Pursuant to SVMC 17.100.110, the City and Stephen Ford hereby further acknowledge and agree: Initials Date A. I, Stephen Ford, acknowledge that if the Director determines that the terms of this voluntary compliance agreement are not met, the City may, without issuing a notice and order or stop work order, impose any remedy authorized by SVMC 17.100, enter the real property and perform abatement of the violation by the City, assess the costs incurred by the City to pursue code compliance and to abate the violation, including reasonable legal fees and costs, and the suspension, revocation or limitation of a development permit obtained or to be sought by me. Initials Date /0: r/,r B. I, Stephen Ford, acknowledge that if the penalty described above is assessed, and if any costs of code compliance are assessed, I will pay such amounts within the time specified. I further acknowledge if I fail to pay such amounts within the time specified, the City may charge the unpaid amount as a lien against the property where the code violation occurred and that the unpaid amount will be a joint and several personal obligation of myself and all other persons, if any, responsible for the violation(s). Initials Date ,1/l />iiic C. I, Stephen Ford, acknowledge that by entering into this voluntary compliance agreement, I admit that the conditions described in this voluntary compliance agreement exist or existed and constitute or constituted a violation(s) of the Spokane Valley Municipal Code. Initials Date tA„hi— D. I, Stephen Ford, acknowledge that I understand that I have the right to be served with a Notice and Order or Stop Work Order for any violation identified in this voluntary compliance agreement, have the right to administratively or judicially appeal any such Notice and Order or Stop Work Order, and that I am knowingly, voluntarily and intelligently waiving those rights by entering into this voluntary compliance agreement. Initials Date ,,�-�, V? VA' E. FAILURE TO COMPLY WITH ALL TERMS OF THIS VOLUNTARY COMPLIANCE AGREEMENT MAY RESULT IN LEGAL ACTION TO ABATE THE NUISANCE VIOLATIONS Pursuant to SVMC 17.100.120, if the terms of this voluntary compliance agreement are not completely met, and an extension of time has not been granted, the person responsible for the violation(s) may, Page 4 of 5 without being issued a Notice and Order or Stop Work Order, be assessed a civil penalty as set forth in SVMC 17.100 and in this voluntary compliance agreement, plus all costs incurred by the City to pursue code compliance and to abate the violation(s), and may be subject to other remedies authorized by SVMC 17.100. All penalties imposed for violations of this voluntary compliance agreement accrue from the date that an appeal of any preceding Notice and Order or Stop Work Order was to have been filed or from the date of this voluntary compliance agreement if there was no preceding Notice and Order or Stop Work Order. The City may, but is not required to, issue a Notice and Order or Stop Work Order for failure to meet the terms of this voluntary compliance agreement. SIGNATURES CODE ENFORCEMENT OFFICER: Signed by l this day of icu„k ,20 PERSON RESPONSIBLE FOR THE CODE VIOLATION: Signature Signed by l4- 'k„ 6,,/ this a ( day of —7-7s^ f•` -7 , 20 /-1.— Page 5 of 5