City Issues

I write you today to speak the truth and be in the light of truth. This is my true response. So far you have chosen to disregard my request to meet with you on these issues.

Thank you for the information on a citizen’s exposure to a counter suit if a person files a Citizen Complaint against one of the corporations operating at the K.I.P.

So, let’s start together with the easiest violations to prove. Just so we do not put the bar to high on “proof” as you suggest. Please show with copies, proof or evidence your enforcement officer Mr. Bryan Hampson (bhampson@kenmorewa.gov) or any city official issued a warning or citation for any of the companies operating in the Kenmore Industrial Park area. I have for one have ask and been denied by the Kenmore Police force to file a complaint of noise and non-permitted hours of operation. Your officers said (“I” meaning them “are not authorized to do that” Let’s start with:

  1. I.P. is frequently operating outside the permissible day and times the City has designated. I know that several citizens have filed complaints about that.

I have video and pictures as do others.

  1. Noise: The operation of heavy equipment (beep, beep, beep), pneumatic tools being operated on metal surfaces, high pressure release of compressed gas. The use of a hammer (on metal forms to release them). This activity is being done outside the City of Kenmore’s permitted hours of operation.

I have video and pictures as do others.

 

 

For your consideration here is some of the Kenmore Cities codes that I found affiliated with your powers.

 

 

8.05.010 Declaration of policy.

The city council finds that inadequately controlled noise adversely affects the health, safety and welfare of the people, the value of property, and the quality of the environment. Therefore, it is hereby declared to be the policy of the City of Kenmore to minimize the exposure of citizens to the harmful physiological and psychological effects of excessive noise. It is the express intent of the City to control the level of noise in a manner which promotes commerce, the use, value and enjoyment of property, sleep and repose, and the quality of the environment. [Ord. 98-0042 § 1.]

8.05.020 Public nuisance and disturbance noises.

It is unlawful for any person to cause, or for any person in possession of property to allow to originate from said property, sound that is a public nuisance. The following sources of sound are defined to be public nuisances, except to the extent that they may be specifically exempted by other provisions of this chapter:

  1. Frequent, repetitive or continuous noise made by any animal which unreasonably disturbs or interferes with the peace, comfort and repose of property owners or possessors, except that such sounds shall be exempt when originating from lawfully operated animal shelters, kennels, pet shops and veterinary clinics;
  2. Frequent, repetitive or continuous sounding of any horn or siren attached to a motor vehicle, except as a warning of danger or as specifically permitted or required by law;
  3. Frequent, repetitive or continuous noise in connection with the starting, operation, repair, rebuilding or testing of any motor vehicle, motorcycle, off-highway vehicle or internal combustion engine so as to unreasonably disturb or interfere with the peace, comfort and repose of owners or possessors of real property; provided, however, this subsection shall not apply to airplanes and boats;
  4. Yelling, shouting, whistling or singing on or near the public streets, particularly between the hours of 11:00 p.m. and 7:00 a.m., or at any time and place so as to unreasonably disturb or interfere with the peace, comfort and repose of owners or possessors of real property;
  5. Any loud and raucous noise which unreasonably interferes with the use of any residential property, school, church, hospital or convalescent facility;
  6. Any sound made by the construction, excavation, repair, demolition, destruction or alteration of any building or property, or upon any building site, anytime on Sundays and holidays and outside the hours of 7:00 a.m. through 7:00 p.m., Monday through Friday, and 9:00 a.m. through 5:00 p.m. on Saturday, excepting:
  7. Highway construction; and
  8. Sounds originating from residential property relating to temporary projects for the maintenance or repair of homes, grounds and appurtenances as follows:
  9. Sounds originating from residential property relating to temporary projects for the maintenance or repair of homes, grounds and appurtenances as follows:

Nothing herein shall be construed to limit or prohibit different or more restrictive hours for any work authorized under a development permit issued by the City.

  1. Frequent, repetitive or continuous sounds which emanate from any building, structure, apartment or condominium which unreasonably interferes with the peace, comfort and repose of owners or possessors of real property;
  2. Sound from motor vehicle public address or audio systems, such as, but not limited to, tape players, radios and compact disc players, operated at a volume so as to be audible greater than 75 feet from the source;
  3. Sound from audio equipment, such as, but not limited to, tape players, radios and compact disc players, operated at a volume so as to be audible greater than 75 feet from the source; and
  4. The foregoing provisions shall not apply to regularly scheduled events at schools or stadiums, such as public address systems for baseball games or special events approved and permitted in accordance with Chapter 8.40KMC. [Ord. 12-0335 § 2; Ord. 00-0094 § 1; Ord. 98-0042 § 2.]

8.05.030 Penalty for violation.

Any person who violates the provisions of this chapter shall be subject to a civil fine not to exceed $250.00 for a first offense. For second and subsequent offenses within any 12-consecutive-month period, the person shall be subject to a civil fine not to exceed $1,000. [Ord. 98-0042 § 3.]

As the City manager of Kenmore one can speculate why you are not enforcing these codes and no other governmental body with policing power is doing it either. In your opinion are there no nuance, disturbance or noise ordinances/ code restrictions being violated on the K.I.P site?

1.20.030 Violation unlawful – Each day is separate violation – Misdemeanor.

The violation of any regulation shall be unlawful. Each day, or portion thereof, in which the violation continues constitutes a separate offense for which separate notices of violation may be issued. A code enforcement officer may, pursuant to this chapter, issue a notice of violation. In addition, any violation of this chapter shall constitute a misdemeanor. The city manager may request the city attorney (prosecutor) to file a violation as a criminal misdemeanor punishable by imprisonment in jail for a maximum term fixed by the court of not more than 90 days, or by a fine in an amount fixed by the court of not more than $1,000, or by both such imprisonment and fine. All penalties are subject to a 15 percent administration fee. Penalties for repeat violations shall be doubled. All criminal misdemeanor charges filed under this chapter shall be filed with the King County district court. When the City files criminal misdemeanor charges pursuant to this chapter, the City shall have the burden of proving, beyond a reasonable doubt, that the violation occurred. [Ord. 11-0328 § 2.]

Where is your leadership in protecting citizens’ rights on these topics? Or is there a conspiracy via wink, wink to leave them alone?

18.125.010 Purpose.

The purpose of this chapter is to promote compliance with this title by establishing enforcement authority, defining violations, and setting standards for initiating the procedures set forth in Chapter 1.20 KMC, when violations of this title occur. [Ord. 11-0329 § 3 (Exh. 1).]

18.125.020 Authority and application.

The city manager is authorized to enforce the provisions of this code, any implementing administrative rules, administration, and approval conditions attached to any land use approval, through revocation or modification of permits, or through the enforcement, penalty and abatement provisions of Chapter 1.20 KMC. [Ord. 11-0329 § 3 (Exh. 1).]

18.125.040 Violations defined.

No building permit or land use approval in conflict with the provisions of this title shall be issued. Structures or uses which do not conform to this title, except legal nonconformances specified in Chapter 18.100 KMC and approved variances, are violations subject to the enforcement, penalty and abatement provisions of Chapter 1.20 KMC, including but not limited to:

  1. Establishing ause not permitted in the zone in which it is located;
  2. Constructing, expanding or placing astructure in violation of setback, height and other dimensional standards in this title;
  3. Establishing a permitteduse without complying with applicable development standards set forth in other titles, ordinances, rules or other laws, including, but not limited to, road construction, surface water management, the fire code, and rules of the department of public health;
  4. Failing to carry out or observe conditions of land use or permit approval, including contract development standards;
  5. Failing to secure required land use or permit approval prior to establishing a permitteduse; and
  6. Failing to maintainsite improvements, such as landscaping, parking or drainage control facilities as required by this code or other City ordinances. [Ord. 11-0329 § 3 (Exh. 1).]

18.125.050 Permit suspension, revocation or modification.

  1. Any permit,variance, or other land use approval issued by the City pursuant to this title may be suspended, revoked or modified on one or more of the following grounds:

 

  1. The approval was obtained by fraud;
  2. The approval was based on inadequate or inaccurate information;
  3. The approval, when given, conflicted with existing laws or regulations applicable thereto;
  4. An error of procedure occurred which prevented consideration of the interests of persons directly affected by the approval;
  5. The approval or permit granted is being exercised contrary to the terms or conditions of such approval or in violation of any statute, law or regulation;
  6. Theuse for which the approval was granted is being exercised in a manner detrimental to the public health or safety;
  7. The holder of the permit or approval interferes with thecity manager or any authorized representative in the performance of his or her duties; or
  8. The holder of the permit or approval fails to comply with any notice and order issued pursuant to Chapter1.20 KMC.
  9. Authority to revoke or modify a permit or land use approval shall be exercised by the decisionmaker, as described in KMC19.25.020. [Ord. 11-0329 § 3 (Exh. 1).]

18.125.060 Initiation of revocation or modification proceedings.

  1. Thecity manager may suspend any permit, variance or land use approval issued by any City issuing agency and processed by the department pending its revocation or modification, or pending a public hearing on its revocation or modification;
  2. The issuing agency may initiate proceedings to revoke or modify any permit or land use approval it has issued; and
  3. Persons who are aggrieved may petition the issuing agency to initiate revocation or modification proceedings, and may petition thecity manager to suspend a permit, variance or land use approval pending consideration of its revocation or modification. [Ord. 11-0329 § 3 (Exh. 1).]

There have been many complaints about the K.I. P. site. I ask you to supply to the public what files, logs, and records delineating the sources and nature of the complaints? When what Dates, time, location? How many? What was the wind or weather doing? Agency that was contacted by you or your staff. Was the City proactive in referring complaints to agencies it said had jurisdiction over certain matters? Did the City file complaints for citizens? If so when it was lodged?

As far as odor: Tom from Puget Sound Clean Air stood with us at Ostroms Drug Store (across the Highway 522) with the C.E.M.E.X Asphalt plume coming straight at us. My eyes where watering, mouth dry I had to remove myself after he said to Mrs. Mooney and me that’s not a violation. And then told us he is not authorized to cite a health violation. His powers only deal with odor.  We requested testing of all the stack emissions. So, let’s see the samples go in for independent analysis of what comes out of the curing tables, C.E.M.E X or Cal Portland stacks. What company or agency or laboratory? Is there any other governmental over site you want to include? Where is the cities proof of verification that you have been told the truth? What is the process to find evidence to lawfully issue a citation? Is the City of Kenmore and the other regulatory entities taking them at their word with no proof or collection of evidence? What where the qualifications of the operators and manager. What other chemicals, yes nitric acid and all others are they using? Let’s see copies of all permits

Has your enforcement officer done any sampling or hired a firm to do any?

18.115.050 Special use permit.

special use permit shall be granted by the City only if the applicant demonstrates that:

  1. The characteristics of the special use will not be unreasonably incompatible with the types of usespermitted in surrounding areas;
  2. The special use will not materially endanger the health, safety and welfare of the community;
  3. The special use is such that pedestrian and vehicular traffic associated with the use will not be hazardous or conflict with existing and anticipated traffic in the neighborhood;
  4. The special use will be supported by adequate public facilities or services and will not adversely affect public services to the surrounding area or conditions can be established to mitigate adverse impacts;
  5. The location, size and height of buildingsstructures, walls and fences, and screening vegetationfor the special use shall not hinder or discourage the appropriate development or use of neighboring properties; and
  6. The special use is not in conflict with the policies of the comprehensive plan or the basic purposes of this title. [Ord. 11-0329 § 3 (Exh. 1).]

9.30.120 Quasi-judicial powers.

The hearing examiner may also exercise administrative powers and such other quasi-judicial powers as may be granted by City ordinance. [Ord. 11-0329 § 3 (Exh. 1).]

19.30.130 Freedom from improper influence.

Individual council members or any other person shall not interfere with or attempt to interfere with the hearing examiner in the performance of his or her designated duties. [Ord. 11-0329 § 3 (Exh. 1).]

19.30.140 Public hearing.

When it is found that an application meets the filing requirements of the department or an appeal meets the filing rules, it shall be accepted and a date assigned for public hearing. If for any reason testimony on any matter set for public hearing, or being heard, cannot be completed on the date set for such hearing, the matter shall be continued to the soonest available date. A matter should be heard, to the extent practicable, on consecutive days until it is concluded. For purposes of proceedings identified in KMC 19.30.050, the public hearing by the hearing examiner shall constitute the hearing by the council. [Ord. 11-0329 § 3 (Exh. 1).]

To close this letter I am impressed with your non-elected ability to do the following:

1.20.220 Repeat violation or failure to abate – Misdemeanor.

Where a person or entity has been found to have committed a violation under this chapter, regardless of whether the violation was resolved without penalty, the failure to abate the violation, or the commission of a subsequent violation, or the violation of a written decision or order of the hearing examiner after having received notice of the decision or order as provided in this chapter within 12 months, shall each constitute a repeat violation and shall each be a misdemeanor subject to the penalties and provisions of KMC 1.20.030. The city manager shall have authority to file a repeat violation as a civil violation and to request the city attorney (prosecutor) to file a repeat violation as a misdemeanor. [Ord. 11-0328 § 2.]

Thank you for your interest,

Patrick E. O’Brien