CAR-03-739 CITY OF SPOKANE VALLEY HEARING EXAMINER
RE: Notice of Violation Under City )
Ordinance No. No. 03-067; ) FINDINGS OF FACT,
Site Owner: Stanley VanValkinburgh ) CONCLUSIONS OF LAW,
File No. CAR-03-739 ) AND DECISION
This matter coming on for public hearing on January 8, 2004 on an alleged civil
violation of City of Spokane Valley Ordinance No. 03-067,regarding the storage of junk
vehicles on private property, the Hearing Examiner, after review of the notice of violation
and the entire record, and finding good cause therefore,hereby makes the following
Findings of Fact, Conclusions of Law and Decision:
I. FINDINGS OF FACT
1. The subject property is located along the south side of Houk Road,approximately
320 feet north of 12th Avenue, in the SW 1/4 of Section 22, Township 25 N,Range 44
EWM, in Spokane County, Washington.
2. The site is currently referenced as County Assessor's tax parcel no. 45223.1007,
and has a site address of 1024 S. Houk, Spokane Valley, WA 99216-0512.
3. The owner of the site, as shown on the last equalized County tax assessment roll, is
S. (Stanley) VanValkinburgh, 1024 S. Houk, Spokane Valley, WA 99216-0512.
4. The site is approximately 27,600 square feet in size, rectangular in shape and
relatively flat in topography. The site is improved with a single-family residence and
contains a large amount of landscaping, trees,brush and weeds. A long, wide driveway
is found on the north side of the residence. Sight-obscuring wood fencing is located
along the west and south boundaries of the property.
5. On December 11, 2003,the City Department of Community Development served a
Notice of Violation on S. VanValkinburgh at 1024 S. Houk, Spokane Valley, WA 99216-
0512, by personal service and also by certified mail with five (5) days return receipt
requested.
6. The Notice of Violation alleged the storage of four(4)junk vehicles in the front
yard of the subject property, in violation of City Ordinance No. 03-067, and noted the
storage of numerous other vehicles in the rear yard. The notice advised that a hearing on
the notice would be held on January 8, 2004 at 9:00 a.m.,before the City Hearing
Examiner; advised that a civil monetary penalty of$250 would be assessed if the Hearing
Examiner determined that a violation of the ordinance had occurred; and otherwise
substantially contained the information required by Section 5 of City Ordinance No. 03-
067.
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7. The Hearing Examiner conducted a public hearing on the alleged violation on
January 8, 2004, at 9:00 a.m.; and conducted a site visit on January 8, 2004,prior to the
public hearing. Notice of the hearing was timely and properly provided to S.
VanValkinburgh as required by City Ordinance No. 03-067.
8. The alleged violator, S. VanValkinburgh, did not appear at the public hearing or
submit a written statement in response to the Notice of Violation.
9. The following persons testified at the public hearing:
Chris Berg
Code Enforcement Officer
City of Spokane Valley 1
11707 E. Sprague Avenue Suite 106
Spokane Valley, WA 99206
10. The Hearing Examiner takes notice of City Ordinance No. 03-067, the City Zoning
Code, the Spokane County Zoning Code, and the official zoning maps for the City of
Spokane Valley and Spokane County.
11. Chris Berg provided proof of service of the Notice of Violation, in the form of a
written declaration of service,on January 9, 2004, at the request of the Hearing
Examiner. '
12. The record includes the documents in City File No. CAR-03-739 for the subject.
property at the time of the public hearing; the documents and testimony submitted at the
public hearing; the Declaration of Chris Berg submitted on January 9, 2004; and the
items taken notice of by the Hearing Examiner.
13. On January 1, 1991, the zoning of the site was reclassified from the zoning of the
site under the now expired County Zoning Ordinance to the Urban Residential-3.5 (UR-
3.5) zone,pursuant to the Program to Implement the Spokane County Zoning Code.
14. On January 15, 2002, the County reclassified the zoning of the site to the Urban
Residential-7 (UR-7) zone,pursuant to the County Phase I Development Regulations.
The UR-7 zone under the County Zoning Code prohibited commercial uses, and required
all storage to be in a building and accessory to a permitted use on the property.
15. The UR-7 zone under the County Zoning Code, on lots where the primary use was a
residence, allowed the private,noncommercial storage of up to three(3) inoperable or
unlicensed vehicles or remnants,provide they were completely sight-screened with a
maintained fence, Type I or II landscaping or landscaped berm. Such zone permitted the
unlimited storage of inoperable or unlicensed vehicles in an enclosed building with
closed doors, and the storage of vehicle remnants and parts inside a vehicle or completely
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enclosed building with doors. Such zone terminated any nonconforming storage of more
than two (2) inoperable or unlicensed vehicles outside of a completely enclosed building
where the primary use is a residence effective January 1, 1993.
16. On March 31, 2003, the City of Spokane Valley was incorporated,which includes
the site and surrounding property. On the same date, the City adopted by reference, as
City land use controls, the County Phase I Development Regulations, County Zoning
Code and other development regulations,with certain revisions
17. On September 23,2003, the City adopted Ordinance No. 03-067, regulating the
storage of junk vehicles on private property. The ordinance declared all junk vehicles
placed, stored or permitted to be located on private property to be public nuisances to be
abated under the ordinance. The ordinance amended the storage standards of the UR-7
zone with regard to the storage of inoperable and/or unlicensed vehicles.
18. Ordinance No. 03-067 defines a"junk vehicle" as a vehicle substantially meeting at
least three (3) of four(4) criteria, i.e. the vehicle is at least three (3) years old; the vehicle
is extensively damaged, "...such damage including but not limited to any of the
following: a broken window or windshield,missing wheels,tires,motor, or
transmission..."; the vehicle is apparently inoperable; and the vehicle has an approximate
fair market value equal only to the approximate value of the scrap in it.
19. A vehicle is considered"inoperable"under Ordinance No. 03-067 if it is incapable
of being operated legally on a public highway, including but not limited to,not having a
valid, current registration plate or current certificate of registration.
20. At the public hearing, Chris Berg of the City Department of Community
Development testified that one (1) of the junk vehicles parked or stored in front of the
residence along Houk Road had been removed,based on a second visit to the site on
January 7, 2004.
21. At the time the Notice of Violation was served, an approximately 1980 year,red,
Toyota pick-up and a later 1970's white, Ford pick-up were being stored in the open on
the property along Houk Road. Neither vehicle was licensed. The front end of the
Toyota pick-up was smashed in and the Ford pick-up was missing all four(4) wheels.
See photographs in the file, and testimony of Chris Berg.
22. The above-referenced vehicles are over three.(3) years old, extensively damaged
and apparently inoperable. None of the exceptions listed under Section 4 of City
Ordinance No. 03-067, such as the screening of a junk vehicle by fencing or landscaping,
the storage of a junk vehicle inside a building, a junk vehicle currently being repaired, or
a junk vehicle being used as parts for a vehicle currently being repaired, etc. were shown
to apply to the above-referenced junk vehicles.
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23. S. VanValkinburgh did not voluntarily abate the above-referenced junk vehicles
within 15 days from the date the Notice of Violation was served.
24. Additional vehicles are being stored on the site that may be in violation of
Ordinance No. 03-067;but this cannot be determined without a personal inspection of the
premises.
II. CONCLUSIONS OF LAW
1. The City of Spokane Valley properly complied with the procedures set forth in City
Ordinance No. 03-067 regarding issuance and service of the subject Notice of Violation.
2. The City of Spokane Valley provided proper notice of hearing to the site owner for
the hearing conducted by the Examiner.
3. Two (2) vehicles stored on the site in front of the residence along Houk Road, in the
front yard of the residence, i.e. an approximately 1980-year Toyota pick-up and a later
1970's Ford pick-up, substantially meet 3 of the 4 criteria for"junk vehicles" set forth in
Ordinance No. 03-067, do not meet any of the exceptions to the ordinance, were not
timely abated, and are in violation of such ordinance.
4. The Examiner must impose a civil monetary penalty of $250 against the site owner,
S. (Stanley) VanValkinburgh.
(
III. DECISION
Based on the Findings of Fact and Conclusions of Law stated above, the
Hearing Examiner upholds the Notice of Violation and imposes a civil monetary penalty
of$250 against S. (Stanley) VanValkinburgh and the subject property.
DATED this 12th day of January, 2004
CITY HEARING EXAMINER PRO TEM
Michael C. Dempsey, WSBA -.,: 35 0
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NOTICE OF FINAL DECISION AND NOTICE OF RIGHT TO APPEAL
Pursuant to chapter 36.70C RCW,the decision of the Hearing Examiner on a Notice of
Violation under City Ordinance No. 03-067 is final and conclusive unless within twenty-one
(21) calendar days from the issuance of the Examiner's decision, a party with standing files
a land use petition in superior court pursuant to chapter 36.70C RCW. Pursuant to chapter
36.70C RCW,the date of issuance of the Hearing Examiner's decision is three(3) days after
it is mailed.
This Decision was mailed by Certified Mail to S. (Stanley) VanValkinburgh, at
1024 S. Houk, Spokane Valley, WA 99216-0512, on January 12,2004. The date of
issuance of the Examiner's decision is accordingly January 15, 2004.
THE LAST DAY FOR APPEAL OF THIS DECISION TO SUPERIOR
COURT BY LAND USE PETITION IS FEBRUARY 5, 2004.
The complete record in this matter, including this decision, is on file during the
appeal period with the Office of the Hearing Examiner, Third Floor, Public Works
Building, 1026 West Broadway Avenue, Spokane, Washington, 99260-0245, (509) 477-
7490. The file may be inspected during normal working hours, listed as Monday-Friday
of each week, except holidays,between the hours of 8:30 a.m. and 5:00 p.m.
After the appeal period, the file may be inspected at the City of Spokane Valley
Department of Community Development, Division of Current Planning, 11707 E.
Sprague Avenue, Spokane Valley, WA, (509) 921-1000. Copies of the documents in the
record will be made available at the cost set by the City of Spokane Valley.
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