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2011, 08-11 Voluntary Compliance Agreementg* 1 Sp®kane oValley' Community Development Planning Division 11707 E Sprague Ave Suite 106 0 Spokane Valley WA 99206 509.720.5310 • Fax: 509.921.1008 • cityhall@spokanevalley.org August 11, 2011 Mr. Mark Moran 11604 East Jackson Avenue Spokane Valley, WA 99206 SUBJECT: Notification Voluntary Compliance Agreement (VCA) has not been completed for property located at 11604 East Jackson Avenue. Mr. Moran: On August 10, 2010 you entered into a Voluntary Compliance Agreement with the City of Spokane Valley for complete paving of your residential driveway associated with an 18 foot by 20 foot carport (permit # 10- 002405) located at 11604 East Jackson Avenue. On August 11, 2011 I did a site inspection per the deadline of the Voluntary Compliance Agreement. At - this time, I observed that the required paving of a complete driveway has not been completed. You were made aware of the terms when you signed the Voluntary Compliance Agreement on August 10, 2010. I am going to re -inspect the site on Monday, August 28, 2011 for compliance. If the driveway is still unpaved, I will have no other option except to turn the file over to the City of Spokane Valley Code Compliance Division for further action. You may contact me at (509) 720-5026 or kkendall@spokanevallev.org spokanevallev.org if you have any questions or require additional information as to my request. KAREN E. KENDALL Assistant Planner City of Spokane Valley Department of Community Development CC: Chris Berg, City of Spokane Valley Code Compliance Division Building Address File Encl: Voluntary Compliance Agreement signed on August 10, 2011 • ru O Irl 0 Lr) m 0 O 0 0 ri t` N 'o O u.a., Postal ServiceTM ,CYRTIFIED MAILTM RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery Information visit our website at www.usps.com® OFHHC@AL USE Postage Certified Fee Return Receipt Fee (Endorsement Required) Restncted Delivery Fee (Endoreement Required) Tot OMBI Sent Mr Mark Moran 11604 E Jackson Ave Spokane Valley, WA 99206 Sire< or PI Cif}; Postmark Here PS Form 3800, August 2006 See Reverse tor Instructions LY. UNITED STATES POSTALSERVICE 't": AkAS;;;A7,.1 1 Z % • To;BNdifMaii . #. ege"&Pees„Paia • Sender: Please print your name, address, and ZIP+4 in this box • Karen Kendall City of Spokane Valley 11707 E Sprague Ave Spokane Valley, WA 99216 II;1III llll;la!ili;init ill lit ;! Hi' 'HUM SENDER: COMPLETE THIS SECTION • Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailplece, or on the front If space permits. 1. Article Addressed to: Mr Mark Moran 11604 E Jackson Ave Spokane Valley, WA 99206 COMPLETE THIS SECTION ON. DELIVERY B. Received by (Printed Name D. Is delivery address di : •- f tem 1 . If VES, enter delive . • • • res ow: .L \co \et .• _S cifrAignt 0 Addressee D to of Delivery Yes 3.ervice Type Certified Mail Registered ❑ Insured Mail 0 iExpress Mall Return Receipt for Merchandise C.O.D. 4. Restricted Delivery? (Extra Fee) 2. Article Numbel:I 111 In jl -3-110 27 o��oo03 50981 45612 11 II I f i(Transier from service labs 0 Yes PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 • SCITYokan e� p Valle ® Y wO4 1-(51 11707 E Sprague Ave. o Suite 106 o Spokane Valley WA 99206 509.921.1000 0 Fax: 509.921.1008 o 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: Mark P and NevaJane D Moran SITE ADDRESS: 11604 East Jackson Avenue PARCEL NO: 45091.2005 LEGAL DESCRIPTION: FAIRACRES MOBILE HOMES SUB LOT 5 BLOCK 1 DESCRIPTION. OF VIOLATION: The required paving of the driveway (per the Planning Division) has not been completed prior to the fmal inspection and/or issuance of the Certificate of Occupancy for the carport (Project #10002405) REQUIRED CORRECTIVE ACTION: Complete paving of the driveway. DATE/TIME FOR COMPLETION OF CORRECTIVE ACTION: The above required item (per the Planning Division) is to be completed no later than August 10, 2011. AMOUNT OF CIVIL PENALTY IF AGREEMENT NOT SATISFIED: Five Hundred Dollars. AGREEMENT: Pursuant to SVMC 17.100.110, the following acknowledgments are agreed to: Initials Date /at- e•/o /o 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, 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 Date fio io B. I acknowledge that by entering into the voluntary compliance agreement, I admit that the conditions described in the voluntary compliance agreement existed and constituted a civil code violation. Initials Date '�- we/0 C. I acknowledge that I understand that I have the right to be served with a notice and order for any violation identified in the voluntary compliance agreement, have the right to administratively or judicially appeal any such notice and order, and that I am knowingly, voluntarily and intelligently waiving those rights by entering into this agreement. Initials Date s>lM y."•/o 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, 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 the voluntary compliance agreement was entered into if there was not preceding notice and order. 1 PROJECT PLANNER: k% Ire !t_. `7`��/ e/ida.f i Signed by `2%/,Cyst: gAir.. en this /0 day of cit PERSON RESPONSIBLE FOR THE CODE VIOLATION: /4/Aak O/W.F( Signed by4— CU.. 1 a. -S.& , 2010. this / ° we day of 4 "--5 , 2010. *Wane Valleys Community Development Department Planning Division' 11707 E Sprague Ave. • Suite 106 • Spokane Valley WA 99206 509.921.1000 • Fax: 509.921.1008 • cityhall@spokanevalley.org VOLUNTARY COMPLIANCE AGREEMENT EXTENSION — 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. Voluntary Compliance Agreement Extension 11604 East Jackson Avenue FACTUAL INFORMATION: NAME: Mark P and NevaJane D Moran SITE ADDRESS: 11604 East Jackson Avenue PARCEL NO: 45091.2005 LEGAL DESCRIPTION: Fairacres Mobile Home Subdivision Lot 5, Block 1 DESCRIPTION OF VIOLATION: The required paving of the driveway (per the Planning Division) has not been completed prior to final inspection and/or issuance of the Certificate of Occupancy for the carport (Project #10002405). REQUIRED CORRECTIVE ACTION: Complete Paving of the driveway. 1. The driveway shall be paved from the carport to the street for a length of approximately forty-eight (48) feet. 2. The driveway approach width shall match the existing eighteen (18) foot curb cut and then taper to a desired width not Less than twelve (12) feet. 3. The driveway shall be constructed with asphalt, Portland cement, grasscrete, paver blocks or other equivalent hard surface material, as approved by Director. 4. Any work done in the City's ROW shall be performed by a licensed contractor. DATE/TIME FOR COMPLETION OF CORRECTIVE ACTION: The above required time (per the Planning Division) is to be completed no later than August 10, 2011. Extended to July 31, 2012 by 5:00 pm. AMOUNT OF CIVIL PENALTY IF AGREEMENT NOT SATISFIED: Five Hundred Dollars per violation. EXTENSION: The Voluntary Compliance Agreement was not completed by August 10, 2011 as specified in original agreement. The Director has approved an extension of said Agreement to allow for completion. All new details and extended time have been bolded for reference. Page 2 of 4 Voluntary Compliance Agreement Extension 11604 East Jackson Avenue AGREEMENT: Pursuant to SVMC 17.100.110, the following acknowledgments are agreed to: Initials Date %Qc •2z4/ 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 Date t•22•(l B. I acknowledge that by entering into the voluntary compliance agreement, I admit that the conditions described in the voluntary compliance agreement existed and constituted a civil code violation. Initials Date / at F•zz.11 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 ,fit 22•I 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. Page 3 of 4 Voluntary Compliance Agreement Extension 11604 East Jackson Avenue PLANNING DIVISION: Signed by this a day of PV' ' ti`S, , 2011. geve_4 . per -- P ani 3 PERSON RESPONSIBLE FOR THE CODE VIOLATION: Signed by ,9'k /ii9.,ek,e16,0,4,4 this 2 2 day of M" , , 2011. 9&(- Drri2.0 +Tr4 \) VP's V30k-S -RARJe d ti/u/a )44/1(10(0 0046.(Xtkion i - Page 4 of 4 Valle Y Community Development Department Planning Division 11707 E Sprague Ave. o Suite 106 o Spokane Valley WA 99206 509.921.1000 0 Fax: 509.921.1008 a cityhall@spokanevalley.org Il�oo 5/x7/2 c t , d M . v� - �-s Atoka a e ebsgeV VOLUNTARY COMPLIANCE AGREEMENT EXTENSION — 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. Voluntary Compliance Agreement Extension 11604 East Jackson Avenue FACTUAL INFORMATION: NAME: Mark P and NevaJane D Moran SITE ADDRESS: 11604 East Jackson Avenue PARCEL NO: 45091.2005 LEGAL DESCRIPTION: Fairacres Mobile Home Subdivision Lot 5, Block 1 DESCRIPTION OF VIOLATION: The required paving of the driveway (per the Planning Division) has not been completed prior to final inspection and/or issuance of the Certificate of Occupancy for the carport (Project #10002405). REQUIRED CORRECTIVE ACTION: Complete Paving of the driveway. 1. The driveway shall be paved from the carport to the street for a length of approximately forty-eight (48) feet. 2. The driveway approach width shall match the existing eighteen (18) foot curb cut and then taper to a desired width not less than twelve (12) feet. 3. The driveway shall be constructed with asphalt, Portland cement, grasscrete, paver blocks or other equivalent hard surface material, as approved by Director. 4. Any work done in the City's ROW shall be performed by a licensed contractor. DATE/TIME FOR COMPLETION OF CORRECTIVE ACTION: The above required time (per the Planning Division) is to be completed no later than August 10, 2011. Extended to July 31, 2012 by 5:00 pm. AMOUNT OF CIVIL PENALTY IF AGREEMENT NOT SATISFIED: Five Hundred Dollars per violation. EXTENSION: The Voluntary Compliance Agreement was not completed by August 10, 2011 as specified in original agreement. The Director has approved an extension of said Agreement to allow for completion. All new details and extended time have been bolded for reference. Page 2 of 4 Voluntary Compliance Agreement Extension 11604 East Jackson Avenue AGREEMENT: Pursuant to SVMC 17.100.110, the following acknowledgments are agreed to: Initials Date ...a< Et -if 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 Date 6-.Z2.1t Initials Date .1� zz•ir Initials Date B. I acknowledge that by entering into the voluntary compliance agreement, I admit that the conditions described in the voluntary compliance agreement existed and constituted 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. Page 3 of 4 Voluntary Compliance Agreement Extension 11604 East Jackson Avenue PLANNING DIVISION: Signed by �t'11 4r\JC&,U this a9, day of PSTAC CAW \\ l vv *kVd Oeti eQ (der E, — P1 ca,•nA^y PERSON RESPONSIBLE FOR THE CODE VIOLATION: Signed by /9/4K'k-154).e,u+ - , 2011. this a Z day of /"-1 , 2011. Page 4 of 4 Spokane esosValley® 11707 E Sprague Ave. • 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. •6 FACTUAL INFORMATION: NAME: Mark P and NevaJane D Moran SITE ADDRESS: 11604 East Jackson Avenue PARCEL NO: 45091.2005 LEGAL DESCRIPTION: FAIRACRES MOBILE HOMES SUB LOT 5 BLOCK 1 DESCRIPTION. OF VIOLATION: The required paving of the driveway (per the Planning Division) has not been completed prior to the final inspection and/or issuance of the Certificate of Occupancy for the carport (Project #10002405) REQUIRED CORRECTIVE ACTION: Complete paving of the driveway. DATE/TIME FOR COMPLETION OF CORRECTIVE ACTION: The above required item (per the Planning Division) is to be completed no later than August 10, 2011. AMOUNT OF CIVIL PENALTY IF AGREEMENT NOT SATISFIED: Five Hundred Dollars. AGREEMENT: Pursuant to SVMC 17.100.110, the following acknowledgments are agreed to: Initials Date tan.— no. /O 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, 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 Date B. 1 acknowledge that by entering into the voluntary compliance agreement, 1 admit that the conditions described in the voluntary compliance agreement existed and constituted a civil code violation. Initials Date y/a/O C. I acknowledge that I understand that I have the right to be served with a notice and order for any violation identified in the voluntary compliance agreement, have the right to administratively or judicially appeal any such notice and order, and that I am knowingly, voluntarily and intelligently waiving those rights by entering into this agreement. Initials Date 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, 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 the voluntary compliance agreement was entered into if there was not preceding notice and order. PROJECT PLANNER: ka Ire A 54\ F�/ a./ / Signed by `2'%/,(t,,Fj: //e2/ifl.Fio this /0 PERSON RESPONSIBLE FOR THE CODE VIOLATION: 'Pe 01 k N ct4•F day of CAAA1 CGS,6" , 2010. Signed by a— this /4) 74 day of 4'3 , 2010. Page 1 of 1 Mark Moran From: "Mark Moran" <mark_moran@earthlink.net> To: <KKendall@spokanevalley.org> Sent: Friday, August 12, 2011 3:48 PM Subject: Voluntary Compliance Agreement Dear Karen Kendall: I have entered an agreement for paving my driveway associated with an 18 foot by 20 foot carport located at 11604 E. Jackson Ave. It is my understanding of the agreement is that the carport needs to be paved according to the City of Spokane Valley Code Compliance Division. I believe I have met this Voluntary Compliance Agreement by paving an 18 foot by 35 foot resedential driveway. Unfortunately, the cost and labor of this project to extend to the main road exceeds the finance available to complete. Respectfully, I have shown due diligence in correcting the violation and I am in compliance with Spokane Valley Municipal Code. Sincerely, Mark Moran RECEIVED AUG 1 2 2011 SPOKANE VALLEY cDEPARTMENT OF OMMUNTYDEVELOPMENT 8/12/2011 k 5 v 18- r-- xisti 141 Ot.ck '‘c rtieD clot 4Y /41'19,_1/4 5' • • • / 1 -Ace s n)• \if ExTuJj ikEsiDEri c c Eilk°154 lAck5or4 kyr_ )r. - 11' \,1)%0Asi*,1‘.1):eso4:0 AV' Spokane County Parcel Report Parcel ID: 45091.2005 Parcel highlighted in blue Parcel Information PID: 45091.2005 Owner Name: MORAN, MARK P & NEVAJANE D Address: 11604 E JACKSON AVE City: SPOKANE ParcelIocation within Spokane County This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. Report generated 5/2011 8:50:02 AM