CAR-03-595_CAR-03-345 CITY OF SPOKANE VALLEY HEARING EXAMINER
RE: Notice of Violation Under City )
Ordinance No. No. 03-067; ) FINDINGS OF FACT,
Site Owner: Kenneth L. Frampton ) CONCLUSIONS OF LAW,
File No. CAR-03-595, 345 ) 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 at the northerly corner of the intersections of
Railroad Circle, Railroad Court and Railroad Avenue, in the SE 1/4 of Section 4,
Township 25 N, Range 44 EWM, in Spokane County, Washington.
2. The site is currently referenced as County Assessor's tax parcel no. 45044.1201,
and has a site address of 11903 E. Railroad Circle,Spokane Valley, WA 99206.
<<. 3. The owner of the site, as shown on the last equalized County tax assessment roll, is
Kenneth L. Frampton, 11903 E.Railroad Circle,Spokane Valley, WA 99206.
4. The site is approximately 11,000 square feet in size, approximately rectangular in
shape and relatively flat in topography. The site is improved with a single-family
residence with attached garage. Chain-link fencing surrounds most of the property,with
some partial picket-type fencing located along the westerly boundary.
5. On December 11, 2003,the City Department of Community Development served a
Notice of Violation on Kenneth L. Frampton at 11903 E. Railroad Circle, Spokane
Valley, WA 99206, by personal service and also by certified mail with five(5) days
return receipt requested.
6. The Notice of Violation alleged the storage of two (2)junk vehicles in the front
yard or driveway of the subject property, in violation of City Ordinance No. 03-067, and
noted the storage of numerous other vehicles in the side and rear yards. The notice
advised that a hearing on the notice would be held on January 8, 2004 at 10:00 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 10:00 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 the alleged
violator as required by City Ordinance No. 03-067.
8. The alleged violator, Kenneth L. Frampton, 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
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-03-245/595 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-7 (UR-7)
zone, pursuant to the Program to Implement the Spokane County Zoning Code.
14. On January 15, 2002, the UR-7 zoning of the site was retained under 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
enclosed building with doors. Such zone terminated any nonconforming storage of more
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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 four(4) vehicles had been removed from the site including 2
vehicles in the driveway/front yard, 1 vehicle on the side of the house and 1 vehicle in the
rear yard. This was based on a second visit to the site on January 7, 2004.
21. At the time the Notice of Violation was served, a late 1970's Chevrolet van, with
the transmission and engine removed, and no license plates, was located in plain view in
the southwest side yard of the residence. See photographs in the file, and testimony of
Chris Berg.
22. The above-referenced vehicle is 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.
23. Kenneth Frampton did not voluntarily abate the above-referenced junk vehicle
within 15 days from the date the Notice of Violation was served.
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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. A late 1970's Chevrolet van, with the transmission and engine removed,no license
plates, and located in the southwest side yard of the residence on the subject property,
substantially meets 3 of the 4 criteria for"junk vehicles" set forth in Ordinance No. 03-
067, does not meet any of the exceptions to the ordinance, was not timely abated, and is
in violation of such ordinance.
4. The Examiner must impose a civil monetary penalty of $250 against the site owner,
Kenneth L. Frampton.
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 Kenneth L. Frampton and the subject property.
DATED this 12th day of January, 2004
CITY HEARING EXAMINER PRO TEM
Mi ael C. Dempsey, WSBA
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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 Kenneth L. Frampton at 11903 E.
Railroad Circle, Spokane Valley, Washington 99206 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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