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2009, 06-30 Municipal Code Compliance AgreementSti®Y1�iIlIl� Valley® 11707 E Sprague Ave. a Suite 106 • Spokane Valley WA 99206 509.921.1000 • Fax: 509.921.1008 • cityhall@spokanevalley.org VOLUNTARY COMPLIANCE AGREEMENT - SPOKANE VALLEY MUNICIPAL CODE BACKGROUND: The Spokane Valley Municipal Code 17.100.100 provides authority to enter into a voluntary compliance agreement with the City of Spokane Valley to address identified violations of the Municipal Code. A voluntary compliance agreement has the following key characteristics: 1. It is a written, signed commitment by a person responsible for a code violation who agrees to abate the violation or remediate the site or mitigate the impacts of the violation as specified in the agreement. 2. By entering into a voluntary compliance agreement, the person responsible for a code violation waives the right to administratively or judicially appeal, and thereby admits that the conditions described in the voluntary compliance agreement existed and constitute a civil code violation. 3. A voluntary compliance agreement is not a settlement agreement. 4. A voluntary compliance agreement specifies the shortest reasonable time period for compliance, as determined by 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 the person responsible for the code violation has shown due diligence or substantial progress in correcting the violation, but circumstances render full and timely compliance under the original conditions unattainable. Any such extension or modification must be in writing and signed by the Director and person(s) who signed the original voluntary compliance agreement. FACTUAL INFORMATION: NAME: Patrick Haire SITE ADDRESS: 7217 East Fairview PARCEL NO: 35121.1904 LEGAL DESCRIPTION: ORCHARD AVE ADD W1/2 OF S150FT B148 DESCRIPTION: Currently, a 576 square foot dwelling unit is located in the northeast portion of parcel 35121.1904. Spokane County Assessor's records state that the existing structure was built in 1948. The property owner is proposing to place a 26' by 60' 2009 Fleetwood manufactured home on the same property. The property is zoned Single - Family Residential Suburban District (R-2). The R-2 zoning district allows for one (1) dwelling unit per 10,000 square feet. The property is also located in Airport Land Use Compatibility Zone 6 precluding the property from having an accessory dwelling unit. The property owner is proposing to live in the existing 576 square foot residence while the new manufactured home is being placed on the site. The property owner has agreed to either demolish the existing house or convert the existing 576 square foot residence into an accessory structure. REQUIRED CORRECTIVE ACTION: To either demolish the existing house or convert the existing 576 square foot residence into an accessory structure. DATE/TIME FOR COMPLETION OF CORRECTIVE ACTION: The property owner agrees to complete the corrective action sixty (60) days after a certificate of occupancy has been issued for the new manufactured home. AMOUNT OF CIVIL PENALTY IF AGREEMENT NOT SATISFIED: Five Hundred Dollars ($500.00) per violation. *Wane e� Valley® 11707 E Sprague Ave. • Suite 106 o Spokane Wiley WA 99206 509.921.1000 • Fax: 509.921.1008 o cityhall@spokanevalley.org REVISED VOLUNTARY COMPLIANCE AGREEMENT - SPOKANE VALLEY MUNICIPAL CODE BACKGROUND: The Spokane Valley Municipal Code 17.100.100 provides authority to enter into a voluntary compliance agreement with the City of Spokane Valley to address identified violations of the Municipal Code. A voluntary compliance agreement has the following key characteristics: 1. It is a written, signed commitment by a person responsible for a code violation who agrees to abate the violation or remediate the site or mitigate the impacts of the violation as specified in the agreement. 2. By entering into a voluntary compliance agreement, the person responsible for a code violation waives the right to administratively or judicially appeal, and thereby admits that the conditions described in the voluntary compliance agreement existed and constitute a civil code violation. 3. A voluntary compliance agreement is not a settlement agreement. 4. A voluntary compliance agreement specifies the shortest reasonable time period for compliance, as determined by 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 the person responsible for the code violation has shown due diligence or substantial progress in correcting the violation, but circumstances render full and timely compliance under the original conditions unattainable. Any such extension or modification must be in writing and signed by the Director and person(s) who signed the original voluntary compliance agreement. FACTUAL INFORMATION: NAME: Patrick Haire SITE ADDRESS: 7217 East Fairview PARCEL NO: 35121.1904 LEGAL DESCRIPTION: ORCHARD AVE ADD W1/2 OF S150FT B148 DESCRIPTION: Currently, a 576 square foot dwelling unit is located in the northeast portion of parcel 35121.1904. Spokane County Assessor's records state that the existing structure was built in 1948. The property owner is proposing to place a 26 by 60' 2009 Fleetwood manufactured home on the same property. The property is zoned Single - Family Residential Suburban District (R-2). The R-2 zoning district allows for one (1) dwelling unit per 10,000 square feet. The property is also located in Airport Land Use Compatibility Zone 6 precluding the property from having an accessory dwelling unit. The property owner is proposing to live in the existing 576 square foot residence while the new manufactured home is being placed on the site. The property owner has agreed to either demolish the existing house or convert the existing 576 square foot residence into an accessory structure. REQUIRED CORRECTIVE ACTION: To either demolish the existing house or convert the existing 576 square foot residence into an accessory structure. In addition, off-street parking areas shall be paved with asphalt, Portland cement, grasscrete, paver blocks, or other equivalent hard service materials. DATE/TIME FOR COMPLETION OF CORRECTIVE ACTION: The property owner agrees to complete the corrective action sixty (60) days after a certificate of occupancy has been issued for the new manufactured home. AMOUNT OF CIVIL PENALTY IF AGREEMENT NOT SATISFIED: Five Hundred Dollars ($500.00) per violation. AGREEMENT: Pursuant to SVMC 17.100.110, the following acknowledgments are agreed to: Iniu s Date Q (-?o-oy Initials Date p1q 2 .r o -041 Im als Date �ti y3o o9 Initials Date 6 3o- of A. I acknowledge that if the Director determines that the terms of the voluntary compliance agreement are not met, the City may, without issuing a notice and order or stop work order, impose any remedy authorized by this chapter 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. B. I acknowledge that by entering into the voluntary compliance agreement, I admit that the conditions described in the voluntary compliance agreement will exist and constitute a civil code violation. C. I 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 the 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 agreement. FAILURE TO COMPLY WITH ALL TERMS OF THIS VOLUNTARY COMPLIANCE AGREEMENT: Pursuant to SVMC 17.100.120, if the terms of the voluntary compliance agreement are not completely met, and an extension of time has not been granted, the Director may enter the real property and abate the violation without seeking a judicial abatement order. The person responsible for code compliance may, without being issued a notice and order or stop work order, be assessed a civil penalty as set forth by this Chapter, plus all costs incurred by the City to pursue code compliance and to abate the violation, and may be subject to other remedies authorized by this Chapter. Penalties imposed when a voluntary compliance agreement is not met 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 the voluntary compliance agreement was entered into if there was not preceding notice and order or stop work order. COMMUNITY DEVELOPMENT DEPARTMENT STAFF: Signed by Mug,."/JVI, , / this ?,,C)w- day of S e- , 2009. PERSON RESPONSIBLE FOR THE VOLUNTARY COMPLAINCE AGREEMENT: Signed by c v this �U day of NC , 2009. AGREEMENT: Pursuant to SVMC 17.100.110, the following acknowledgments are agreed to: Initi: s Date S•�c A. I acknowledge that if the Director determines that the terms of the voluntary compliance agreement are not met, the City may, without issuing a notice and order or stop work order, impose any remedy authorized by this chapter 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 Datc 74/ S- B. I acknowledge that by entering into the voluntary compliance agreement, I admit that the conditions described in the voluntary compliance agreement will exist and constitute a civil code violation. Initials Date _F 540 C. I 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 the 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 agreement. Initials Date g6 V $O 3 FAILURE TO COMPLY WITH ALL TERMS OF THIS VOLUNTARY COMPLIANCE AGREEMENT: Pursuant to SVMC 17.100.120, if the terms of the voluntary compliance agreement are not completely met, and an extension of time has not been granted, the Director may enter the real property and abate the violation without seeking a judicial abatement order. The person responsible for code compliance may, without being issued a notice and order or stop work order, be assessed a civil penalty as set forth by this Chapter, plus all costs incurred by the City to pursue code compliance and to abate the violation, and may be subject to other remedies authorized by this Chapter. Penalties imposed when a voluntary compliance agreement is not met 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 the voluntary compliance agreement was entered into if there was not preceding notice and order or stop work order. COMMUNITY DEVELOPMENT DEPARTMENT STAFF: ti\' ``A -4J\ L. c'°-`"'-"Je..` Signed by 'I>un- A\CRs S€ r ivc c- (2..`C this 4 day of Mc ' , 2009. PERSON RESPONSIBLE FOR THE VOLUNTARY COMPLAINCE AGREEMENT: A -rock £ aitt Signed by this day of 2009.