2015, 04-20 Voluntary Compliance Agreementr
Spokane
Valley
11707 E Sprague Ave. a 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 Paras Homes, LLC has caused violations of the SVMC as detailed in this
voluntary compliance agreement to exist at Paras Homes, LLC, Spokane Valley, Washington.
The City and Paras Homes, LLC enter into this voluntary compliance agreement to address
clean-up and abatement of the violations within the terms set forth herein.
By signing below, Paras Homes, LLC and the City hereby acknowledge with respect to this
voluntary compliance agreement that:
1. It is a written, signed commitment by Paras Homes, LLC, 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, Paras Homes, LLC, 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
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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 Paras Homes, LLC 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: Paras Homes, LLC
ADDRESS OF IF NOT THE SAME ADDRESS AS SITE OF VIOLATION(S):
SITE ADDRESS: 616/618 S Felts Rd
PARCEL NO: 45201.2516
LEGAL DESCRIPTION: FELTS ADDITION LT 16 BLK 1 (AFN 5454320)
DESCRIPTION OF VIOLATION, INCLUDING REFERENCE TO SVMC SECTION
VIOLATED:
1. Incomplete stormdrainage and swale construction consistent with the geotech report prepared
by Budinger and Associates, dated August 27, 2014.
REQUIRED CORRECTIVE ACTION:
1. Final grading and seed of swale along the north property line constructed and approved by
Spokane Valley Inspector.
DATE/TIME FOR COMPLETION OF CORRECTIVE ACTION: May 20, 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
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notify you of such failure and assess you the civil penalty, which shall be paid within 20 days
from date of such notification.
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II. FURTHER AGREEMENT:
Pursuant to SVMC 17.100.110, the City and Paras Homes, LLC hereby further acknowledge and
agree:
ll/
/ A. I, Paras Homes, LLC, 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.
B. I, Paras Homes, LLC, 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).
I it' D to
SC. I, Paras Homes, LLC, 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.
D. I, Paras Homes, LLC, 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.
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
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has not been granted, the person responsible for the violation(s) may,
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:
•
Signature
Signed by i.1 r J(^,avr (CJr. this 'D day of , 20 15
PERSON RESPONSIBLE FOR THE CODE VIOLATION:
Signature
Signed by /4t/his _ day of
2016�r
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