2014, 09-17 Voluntary Compliance Agreementoste"zre...
Sicikane
ley.
Community Development Department
Development Services
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 violations 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
Covey Glen North Phase 1, Lot 2, Block 3
FACTUAL INFORMATION:
NAME: Viking Construction
2605 W Hayden Ave.
Haydcn, ID 83835
SITE ADDRESS: 26 S Lone Tree Street
PARCEL NO: 55202.2902
LEGAL DESCRIPTION: Covey Glen North, Phase 1, Lot 2, Block 3.
DESCRIPTION OF VIOLATION: Approval of building permit #BLD -2014-
allows a primary residential structure that does not meet the minimum rear yard setback.
Lot 2 has double frontage on public streets with Lone Tree Street on the front and Grady
Street on the back. The physical construction of Grady Street will take place as part of
Phase 2 but the east right-of-way line and associated border easement were dedicated
with the Phase 1 final plat. A 6 foot sidewalk will be constructed adjacent to the curb
along the east side of Grady Street in Phase 2 which will allow the existing border
easement to be reduced from 13 feet to 4 feet. The reduction in the border easement
width will allow new primary residence to meet the minimum rear yard setback.
REQUIRED CORRECTIVE ACTION: Complete a final plat alteration for the existing
Covey Glen phase 1 final plat that reduces the border easement from 13 feet to 4 feet
along the east side of Grady Street adjacent to Lots 1 and 2, Block 3. The Certificate of
Occupancy for the new residence will not be issued and the residence shall not be
occupied until the Phase 1 final plat alteration is completed and recorded.
DATE/TIME FOR COMPLETION OF CORRECTIVE ACTION: The Phase 1 final
plat alteration shall be completed and recorded no later than November 30, 2014.
AMOUNT OF CIVIL PENALTY IF AGREEMENT NOT SATISFIED: Five
Hundred Dollars per violation. •
Page 2 of 4
Voluntary Compliance Agreement
Covey Glen North Phase 1, Lot 2, Block 3
AGREEMENT:
Pursuant to SVMC 17.100.110, the following acknowledgments are agreed to:
Initials Date
1L( 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
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 at
AC- `j 1. / 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 •
At- 5104 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 net accrue
Page 3 of 4
Voluntary Compliance Agreement
Covey Glen North Phase I, Lot 2, Block 3
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.
DEVELOPMENT SERVICES:
Signed by
Gabe Gallinger, P.E.
this 17th day of September , 2014.
PERSON RESPONSIBLE FOR THE CODE VIOLATION:
Signed
k2-Az—Ac—JC / \/i k Ctn.I.STR.�?c'j [ot-L, J
this fgit day of ,5efi 'Eivi3E1� , 2014.
Page 4 of 4
Christina Janssen
From: Gabe Gallinger
Sent: Thursday, September 18, 2014 2:05 PM
To: Micki Harnois; Martin Palaniuk; Karen Kendall; Christina Janssen
Cc: Lori Barlow
Subject: Covey Glen North, Lot 2, Block 3
Attachments: Barney 2 3 CVlst.pdf; Covey Glen North VCA.PDF
All,
Just an FYI for whomever reviews the residential building permit application for the above referenced lot. We have
issued a VCA allowing the residential building permit to be released prior to the final plat alteration that will reduce the
border easement on the back lot line from 13' to 4'. I have asked Viking to also bring a copy of the VCA when they apply
for the permit. Please let me know if you have any questions.
Thanks,
Gabe
1