Loading...
2024-12-12 Hearing Examiner PacketAgenda Edmonds Hearing Examiner REGULAR MEETING BRACKETT ROOM 121 5TH AVE N, CITY HALL - 3RD FLOOR, EDMONDS, WA 98020 DECEMBER 12, 2024, 3:00 PM MEETING INFORMATION This meeting is Hybrid per ECDC ECDC 10.35.010(F) and is located at the Edmonds City Hall 121 5th Ave N, 3rd Floor Brackett Room Zoom Link Meeting Info: https://edmondswa- gov.zoom.us/j/82688031743?pwd=U EROWk5hdU5DN1dRK1V3MkR2WTRSdzO9 Passcode: 308007 Or join by phone: 253 215 8782 1. CALL TO ORDER 2. APPROVED MINUTES 3. PUBLIC PORTION A. HEARING MATERIALS 1. Appeal of Notice of Violation (Anna Holdings LLC) B. PUBLIC COMMENT 4. ADJOURNMENT Edmonds Hearing Examiner Agenda December 12, 2024 Page 1 Hearing Examiner Agenda Item Meeting Date: 12/12/2024 Appeal of Notice of Violation (Anna Holdings LLC) Staff Lead: Karin Olson Department: Planning Division Prepared By: Michael Clugston Background/History This is a new appeal of code enforcement action file COD2024-0199. Staff Recommendation Staff recommends that the property owner be directed to remove all tires stored outside on the property as required by the International Fire Code. Also, that the owner be directed to pay all currently outstanding violation fines, in the amount of $200.00. Narrative The appellant (Anna Holdings LLC Attn: Nash Alibhai) is requesting the appeal of a Notice of Violation issued by the City's Code Enforcement Officer regarding violations of the International Fire Code due to illegal storage of automotive tires. More specifically, the basis for his appeal is that IFC Section 3405.4 as applied in these circumstances is prejudicially arbitrary and broad. The associated staff report with seven attachments is included with this memo. Attachments: COD2024-0199 Appeal staff report and attachments Packet Pg. 2 1.a CITY OF EDMONDS BUILDING DIVISION REPORT & RECOMMENDATION TO THE HEARING EXAMINER Project: Anna Holdings LLC Appeal of Notice of Violation File Number: COD2024-0199 Date of Report: December 5, 2024 Reviewed By: Leif Bjorback Building Official Hybrid Public December 12, 2024, at 3:00 P.M. Hearing: I. II. Physical Location Edmonds City Hall: Brackett Room 3'd Floor 121 51h Avenue N, Edmonds WA 98020 On Zoom: https://edmondswa- gov.zoom.us/j/82688031743?pwd=UEROWk5hdU5DN 1 dRKl V3MkR2WTRSdz09 Meeting ID: 826 8803 1743 Passcode: 308007 By Phone: 253 215 8782 SUMMARY OF APPEAL The appellant (Anna Holdings LLC Attn: Nash Alibhai) is requesting the appeal of a Notice of Violation issued by the City's Code Enforcement Officer regarding violations of the International Fire Code due to illegal storage of automotive tires. More specifically, the basis for his appeal is that IFC Section 3405.4 as applied in these circumstances is prejudicially arbitrary and broad. GENERAL INFORMATION 1. Owner: Anna Holdings LLC 2. Appellant: Nash Alibhai 3. Location: 22617 761h Ave W 4. Existing Use: Automotive tire shop 5. Proposed Use: No change Packet Pg. 3 1.a III. PUBLIC HEARING NOTICE Public notice is not required for this hearing. The appellant, Mr. Alibhai, was notified via regular mail and email on December 5, 2024, in compliance with the noticing provisions of ECDC 20.110.040C.2. IV. TECHNICAL COMMITTEE This application was reviewed and evaluated by the City's Fire Marshal, the Building Official, and the Planning and Development Department Director. These same individuals collaborated upon the previous decision to post the Notice of Violation on October 17, 2024. All three parties agree that the content of the notice is accurate and should be upheld. V. PUBLIC COMMENTS: No public comments were received for this hearing. VI. APPLICABLE CODES: 1. International Fire Code (IFC), 2018 edition. A. Section 3405.4 Distance From Lot Lines and Buildings B. Section 3405.5 Fire Breaks V1I. BACKGROUND On December 12, 2023, Deputy Fire Marshal (DFM) Eric Dyer of South County Fire was conducting business at the Ballinger Court Apartments located at 22707 76th Ave W in Edmonds, WA. While there, DFM Dyer observed potential violations of IFC Chapter 34, Section 3405 of the 2018 Washington State Fire Code at the adjacent property. This property is the business of Factory Direct Tire Sales located at 22617 76th Ave W. The violations that DFM Dyer was able to observe included the height of the outdoor tire storage as well as the proximity to the lot lines and buildings. These violations were clearly visible from the adjacent property, the Ballinger Court Apartments. Factory Direct Tire Sales is owned by the appellant, Nash Alibhai and the property located at 22617 76th Ave W is owned by Anna Holdings LLC, of which the appellant is a Governor of. Based on his observations, DFM Dyer issued a Violation Notice stating, "verify that outdoor tire storage meets all of 2018 IFC 3405 code references". The sections noted are 3405.4 — Distance from Lot Lines and Buildings, and 3405.5 — Fire Breaks. The Violation Notice was given to Mr. Alibhai. Packet Pg. 4 1.a On December 28, 2023, DFM Dyer sent a second written notice to Mr. Alibhai which stated, "please resolve all previously documented outdoor tire storage violations immediately". There was no response to this notice from the appellant. On February 22, 2024, DFM Dyer issued a third written notice to Mr. Alibhai which stated "Please resolve all previously documented outdoor tire storage violations immediately. In violation of 2018 IFC Section 3405; 3405.4 and 3405.5. This is the 3rd written notice provided with no action". DFM Dyer received an email response from the appellant dated February 25, 2024 that states: Thanks for the reminder Will need your input in this matter The storage has been the same even before i took over the tire shop 26 years ago nothing has changed to my knowledge. Kindly help me because i desperately need the storage to run the tire shop. I have never had any issues with the city in the past. Thank you for your consideration. Regards From: NASH FACTORYDIRECT cascade wheels EDMONDS, WA (425) 774-5131 DFM Dyer responded back to Mr. Alibhai on February 27, 2024: Nash — The only solution is to remove the excess, and I assume waste tires, from the property. The footprint of your property does not allow for waste tire storage in the volume that currently exists. Please reference: 3405.4 Distance From Lot Lines and Buildings Tire storage piles shall be located not less than 50 feet (15 240 mm) from lot lines and buildings. 3405.5 Fire Breaks Storage yards shall be maintained free from combustible ground vegetation for a distance 3 Packet Pg. 5 1.a of 40 feet (12 192 mm) from the stored material to grass and weeds; and for a distance of 100 feet (30 480 mm) from the stored product to brush and forested areas. Thank you. On April 3, 2024, DFM Dyer issued a fourth written notice to Mr. Alibhai which stated "Please resolve all previously documented outdoor tire storage violations immediately. In violation of 2018 IFC Section 3405; 3405.4 and 3405.5. This is the 4ffi written notice provided with no action taken by property owner". On this same date, the City of Edmonds Building Official, Leif Bjorback, emailed Mr. Alibhai requesting that he comply with the directives from the Fire Marshal immediately. Mr. Bjorback stated that it is a serious safety violation and that it may jeopardize the continued occupancy of the building. He was directed to remove the tire storage as directed by the Deputy Fire Marshal. On April 4, 2024, Mr. Alibhai emailed back that he wanted to comply but wasn't sure what he needed to do. He stated that he wanted help in understanding what went wrong and how to comply. He said he was looking forward to resolving the matter and working with the Fire Marshal and the City. On this same date, DFM Dyer emailed Mr. Alibhai back stating that the only solution is remove the excess (waste tires) from the property. The footprint of the property does not allow for waste tire storage in the volume that currently exists. It was also noted by DFM Dyer that "If storage of materials is a violation of current International Fire Code, then those materials shall be removed". (See below) Nash — Below is my email correspondence to you on this same question on 2127124: 02-27-24 Nash — The only solution is to remove the excess, and I assume waste tires, from the property. The footprint of your property does not allow for waste tire storage in the volume that currently exists. Please reference: 3405.4 Distance From Lot Lines and Buildings Tire storage piles shall be located not less than 50 feet (15 240 mm) from lot lines and buildings. Packet Pg. 6 1.a 3405. S Fire Breaks Storage yards shall be maintained free from combustible ground vegetation for a distance of 40 feet (12 192 mm) from the stored material to grass and weeds; and for a distance of 100 feet (30 480 mm) from the stored product to brush and forested areas. If storage of materials is a violation of current International Fire Code, then those materials shall be removed. There has been no annual inspection performed on this property by South County Fire personnel since at least 2017 until my recent inspections at the Stone Court Building property in December of 2023, which is when I first notified you of the tire storage violation at Factory Direct Tire Sales. Thank you. On May 15, 2024, DFM Dyer emailed Building Official Leif Bjorback stating that "there is no improvement or forward movement on resolution to this violation as of this morning at 10:00". On August 27, 2024, Building Official Leif Bjorback requested Code Enforcement Officer Dan Gooding to coordinate with Fire to issue a Notice of Violation to Nash Alibhai for the continued violations of the International Fire Code. Mr. Gooding issued a Notice of Civil Violation on August 28, 2024, with a corrective action of "Per previous directives from the South County Fire Marshal: remove all illegally stored tires onsite". The deadline for this corrective action was 4:OOPM on September 27, 2024. A $100 fine was assessed at this time. City staff met with the appellant at City Hall on September 19, 2024. The tire violation was discussed, and it was decided that the Fire Marshal's Office would discuss options as to how to become code compliant with the tire storage. An on -site meeting was scheduled with the appellant for September 24, 2024, to discuss possible alternatives for tire storage. In attendance at this meeting was Mr. Alibhai, DFM Dyer, DFM Chris Burt, and Donovan Akau of the Planning and Development Department. The conclusion of the meeting was that no other options for compliance were available other than removal of all tires stored outside. On October 17, 2024, a second Notice of Civil Violation was issued to Nash Alibhai with the same corrective action. The deadline to comply was 4:OOPM on October 31, 2024. Another $100 fine was assessed at this time. Packet Pg. 7 1.a On October 25, 2024, Planning and Development Director Shane Hope received a Notice of Appeal letter from the appellant requesting an appeal of the Notice of Civil Violation and to go before the Hearing Examiner. VIIL DISCUSSION The intent of the fire code is to establish regulations providing for the safety, health and general welfare of building occupants, as well as for the safety of firefighters and emergency responders during emergencies. The City of Edmonds and Fire Marshal Office intends to provide for public safety as regulated by this code. Of concern in this case is the proximity of the tire storage to the adjacent subject property known as Ballinger Court, a senior affordable living facility located at 22707 76th Ave W. A tire fire could have severe impacts on the community of elderly that reside there. Furthermore, the tire storage offers no separation between the stored tires and subject property buildings or property lines. A tire fire will result in severe damage to the subject property buildings. Removal of the tires from the property is the only reasonable option to mitigate this potential fire and hazard. General Comments as cited in the 2018 International Fire Code Commentary regarding the hazards of tires reads as follows: Each year, over 270 million vehicle tires are disposed of in the United States. Recycling, reuse and energy recovery are having a major impact, but tire storage continues to present an environmental and fire safety hazard. The risk associated with tire fires demonstrates the need to address this problem. This chapter prescribes ways to prevent and control fires in tire rebuilding plants, tire storage and tire byproduct facilities. Tire fires, although infrequent, are serious situations that are difficult to extinguish, expensive to clean up and often become major hazardous material incidents affecting entire communities, frequently requiring neighborhood evacuations and long, drawn -out fire -extinguishing operations. These fires threaten pollution of the air, soil and water. Federal and state agencies, municipalities and private companies have spent millions of dollars cleaning up tire fires across the country. Scrap tires are not generally considered a hazardous waste; however, if a tire fire occurs, tires break down into hazardous compounds including gases, heavy metal and oil. The average passenger car tire is estimated to produce over 2 gallons (8 L) of oil when burned, according to the Rubber Manufacturers Association. Oil that exudes into ground and surface water as a result of tire fires is a significant environment pollutant. In some cases, this may trigger Environmental Protection Agency (EPA) Superfund cleanup status. For every million tires consumed by fire, about 55,000 gallons (208 175 L) of runoff oil can pollute the environment unless contained and collected. This oily material is also highly flammable. Packet Pg. 8 1.a Air pollution is also produced by tire fires. Air emissions may include polycyclic aromatic hydrocarbons (PAHs), benzene, styrene, phenols and butadiene. For more information on toxic air pollutants generated by tire fires, go to the U.S. EPXs Toxics Air Pollution website. Notable tire fires include the following: 1.In 1983, 7 million tires burned in Rhinehart, Virginia, issuing a plume of smoke 3,000 feet (912 m) high and nearly 50 miles (80 km) long with air pollution emissions deposited in three states. The fire burned for nine months, polluting nearby water sources with lead and arsenic. The tire storage facility where the fire occurred is now being cleaned up as a Superfund site. 2.In 1999, a lightning strike ignited a tire fire in Westley, California. The tire dump contained millions of scrap tires located in a canyon in a coastal mountain range. The large smoke plume from the fire impacted nearby farming communities and caused widespread concern of potential health effects from exposure to the smoke emissions. The tire fire also produced large volumes of pyrolitic oil that flowed off the slope and into the drainage of an intermittent stream. This oil was ignited too, and the oil fire significantly increased the smoke emissions close to ground level. A response to the oil and tire fires was beyond the capabilities of local and state agencies. The EPA regional coordinator immediately responded under the authority of the Oil Pollution Act of 1990. It took 30 days to extinguish the fire. Total EPA response costs were $3.5 million. Waste tires are difficult to ignite, but once a tire fire starts, it is generally very hard to control and extinguish. Using water or foam to extinguish a tire fire is often futile. Water is best used to keep adjacent, unburned tires from igniting. Smothering a tire fire with dirt or sand is usually the best option for extinguishing fires. Typically, the sand or dirt is moved with heavy equipment to cover the burning tires. Putting out a tire fire can also be facilitated by removing unburned tires from the pile to lessen the fuel load. Purpose The requirements of Chapter 34 are intended to prevent or control fires and explosions associated with the remanufacture and storage of tires. Additionally, these requirements are intended to minimize the impact of tire storage fires by segregating the various operations and controlling ignition sources. Although the finished product, the tire, is not an unusual hazard, once ignition occurs the fire is extremely difficult to extinguish. Facilities designed and constructed for tire remanufacture are regulated by the International Building CodeO(IBCO) to reduce the impact of potential fires on buildings and the environment. 7 Packet Pg. 9 1.a IX. RECOMMENDATION The department recommends that the property owner be directed to remove all tires stored outside on the property as required by the International Fire Code. Also, that the owner be directed to pay all currently outstanding violation fines, in the amount of $200.00. X. PARTIES OF RECORD City of Edmonds 121 5th Ave N Edmonds, WA 98020 Nash Alibhai, c/o Factory Direct Tire Sales 22617 76th Ave W Edmonds, WA 98026 XI. ATTACHMENTS 1. Violation Notices 2. Appeal Letter 3. Email Notices and Correspondence 4. Vicinity Map 5. Aerial Photo of Property 6. Photos 7. Appeal Hearing Notice 8 Packet Pg. 10 1.a CITY OF EDMOND S PLANNING AND DEVELOPMENT DEPARTMENT 121 5th Avenue North, Edmonds, WA 98020 (425) 771 0220 NOTICE OF CIVIL VIOLATION Location of Violation: 22617 76`h Ave. W, Edmonds, WA 98026 Case #: COD2024-0199 Issued To: Anna Holdings LLC Attn. Nash Alibhai Address of Person Notice is issued To: 22617 76" Ave. W, Edmonds, WA 98026 Code Section(s) Violated: 1) International Fire Code sections 3405.4 Distance From Lot Lines and Building, and 3405.4 Fire Breaks . Description of Violation: Illegal storage of automotive tires. Corrective Action Required: 1) Per previous directives from the South County Fire Marshal: Remove all illegally stored tires onsite. Be advised, the person(s) to whom this Notice is issued must correct the violation(s) and shall be assessed a %100.00 fine. The imposed monetary penalties are immediately due and payable to the City of Edmonds at 121 5th Avenue North, Edmonds, WA 98020 during normal City business hours. The City intends to issue a new Notice of Violation if the above -referenced violation(s) remain uncorrected, and fines shall continue to accrue under each Notice of Violation until this matter is resolved to the satisfaction of the City. Further, if correction is not made by 4:OOPM on _October 31.2024 an abatement notice may be issued warning of impending City abatement of the violation. Any and all costs, including incidental costs, will be added to the monetary penalties assessed against the person(s) to whom the Notice is issued. Note, this decision is appealable to the City of Edmonds Hearing Examiner by filing a complete appeal application including written notice of appeal with the Planning & Development Director no later than October 28, 2024 at 3:00 u.m. The appeal filing fee adopted by City Council effective March 1, 2023 is $1108.00. Each Notice of Violation issued by the City is separately appealable by the deadline indicated therein. Failure to appeal a Notice of Violation shall waive the right to further challenge the violation determination and monetary penalties for the period covered by that Notice of Violation. Date Served: Date Mailed: October 17, 2024 Date E-mailed October 17, 2024 Issuing Party: Donovan Akau Title: Code Enforcement Officer Signature: V67zgw=m gAkgz" {JZL814861.D0C;3\00006.900150\ 1 Atta COD2024-01 Packet Pg. 11 1.a CITY OF EDMONDS PLANNING AND DEVELOPMENT DEPARTMENT 121 5th Avenue North, Edmonds, WA 98020 (425) 771 0220 NOTICE OF CIVIL VIOLATION Location of Violation: 22617 76t1i Ave. W, Edmonds, WA 98026 Issued To: Anna Holdings LLC Attn. Nash Alibhai Address of Person Notice is Issued To: 22617 76"' Ave. W, Edmonds, WA 98026 Code Section(s) Violated: 1) International Fire Code sections 3405.4 Distance From Lot Lines and Building and 3405.4 Fire Breaks . Description of Violation: Illegal storage of automotive tires. Corrective Action Required: 1) Per previous directives from the South County Fire Marshal: Remove all illegally stored tires onsite. Be advised, the person(s) to whom this Notice is issued must correct the violation(s) and shall be assessed a $100.00 fine. The imposed monetary penalties are immediately due and payable to the City of Edmonds at 121 5th Avenue North, Edmonds, WA 98020 during normal City business hours. The City intends to issue a new Notice of Violation if the above -referenced violation(s) remain uncorrected, and fines shall continue to accrue under each Notice of Violation until this matter is resolved to the satisfaction of the City. Further, if correction is not made by 4:OOPM on September 27, 2024 an abatement notice may be issued warning of impending City abatement of the violation. Any and all costs, including incidental costs, will be added to the monetary penalties assessed against the person(s) to whom the Notice is issued. Note, this decision is appealable to the City of Edmonds Hearing Examiner by filing a complete appeal application including written notice of appeal with the Planning & Development Director no later than September 11, 2024 at 3:00 p.m. The appeal filing fee adopted by City Council effective March 1, 2023 is $1108.00. Each Notice of Violation issued by the City is separately appealable by the deadline indicated therein. Failure to appeal a Notice of Violation shall waive the right to further challenge the violation determination and monetary penalties for the period covered by that Notice of Violation. Date Served: Date Mailed:, August 28, 2024 Date E-mailed August 28, 2024 Issuing Party: Dan Gooding Title: Code Enforcement Officer Signature: 11ZL814861.DOC;3\00006,900150\ } Atta COD2024-01 IPacket Pg. 12 1.a Nash Alibhai Anna Holdings LLC DBA Factory Direct Tire Sales 22617 76`h Avenue W. Edmonds, Washington, 98026 fdnash@icloud.com 425.422.8278 October 25, 2024 Shane Hope, Planning and Development Director City of Edmonds, Planning and Development Department Case #: COD2024-0199 Dear Director Hope: Subject: Notice of Appeal re: Notice of Civil Violation COD2024-0199• Illegal Storage of automotive tires: International Fire Code Section 3405.4 I am writing to request an appealto the Hearing Examiner regarding the Notice of Civil Violation issued to me on October 17, 2024. The violation pertains to International Fire Code Section 3405.4 concerning outdoor storage of tires at my business, Anna Holdings DBA Factory Direct Tire Sales, located at 22617 76" Ave W. in Edmonds, Washington. I have owned and operated this small local tire shop since 1998 and was recently informed by the South Snohomish County Deputy Fire Marshals, Eric Dyer and Chris Burt, and Building Code Compliance Officer, Donovan Akau, that the tire storage on the east and southeast portions of my property is in violation of International Fire Code Section 3405.4. The basis for my appeal is that Section 3405.4, as applied in these circumstances, is prejudicially arbitrary and broad. Other jurisdictions that have adopted the International Fire Code have incorporated exceptions where necessary, practical and safe given the nature of locale. For example, the City of Seattle Fire Code provides an exception for "tire storage piles with 500 tires or less," permitting such storage to be within 3 feet of property lines and buildings, provided the storage does not exceed 6 feet in height. If my business were within the jurisdiction of the City of Seattle, it would qualify for this exception. The broader language of Section 3405 applies to tire storage areas that are 150,000 cubic feet in size. The tire storage area on my property is only 3000 square feet, 6 feet in height and within 3 feet of the property line. Section 3405 applies to industrial storage facilities, and the same rules cannot practically apply to smaller facilities like mine. Given the proximity and similarities between Edmonds and Seattle, I respectfully request that a similar exception be applied in these circumstances. As recognized by the City of Seattle, smaller tire piles present a lower fire hazard and environmental risk compared to large piles, justifying a less stringent regulation. Further, these smaller tire piles provide for easier access and fire suppression by firefighters in case of an incident. In addition to the commercial and safety rationale, this exception would also greatly assist us in maintaining our history of strict regulatory compliance and operational efficiency while ensuring safety standards are met. Please let me know if you require any additional information to assess this matter. Your consideration of my request for appeal is greatly appreciated, and I look forward to your response. Sincerely, Nash Alibhai R t Owner and Operator, Factory Direct Tire Sales '" ECEI p E® OCT 2 5 2024 CE!'El OPMCNT SERIVICES i^Cs i��TER . Atta COD2024-01 Packet Pg. 13 1.a Gmail Fwd: Notice of Appeal 1 message Anatoliy Kravchenko <aykravchenko@gmail.com> To: Nash <fdwheelsnina@gmail.com> Anatoliy Kravchenko (971)267-9251 Begin forwarded message: From: Nash Alibhai <fdnash@icloud.com> Date: October 25, 2024 at 8:55:34 AM PDT To: anatoliy kravchenko <aykravchenko@gmail.com> Subject: Fwd: Notice of Appeal Sent from my iPhone Begin forwarded message: From: Alysha ALIBHAI <alysha.alibhai@totalenergies.com> Date: October 25, 2024 at 9:19:44 AM MDT To: aykravchenko@yahoo.com Cc: fd nash@ icloud.coin Subject: Notice of Appeal See attached. Alysha Alibhai Senior Legal Counsel — Mergers'& Acquisitions Legal Department TotalEnergies American Services, Inc. 1201 Louisiana St. #1800 77002 — Houston, TX — USA M. : +(1) 832.804.0486 alysha.alibhai@totalonergies.com corporate_totalenergies.us CONFOENTIAI.ITy This emaN (inN�Mr'nq adachntems, d eny) nrey fain conpdeneaf in/dmration. It may rat he used rnr any purpose other than that A,, wnrrh 0 Me,, beon cant It you are not the Gttsrrdad,ecipienl. please deleted and-tify Me sender in-ednrtely. Nina Alibhai <fdwheelsnina@gmaiLcom> Fri, Oct 25, 2024 at 11:39 AM Atta COD2024-01 Packet Pg. 14 1.a 2 attachments image001.png 9K TotalEnergies Alibhai - Notice of Appeal(2).pdf 53K" A COD2024-01 Packet Pg. 15 1.a Olson, Karin From: Akau, Donovan Sent: Wednesday, October 16, 2024 10:57 AM To: Bjorback, Leif Subject: RE: COD2024-0199 Fire/Tire storage There is no NOV currently. I will send a NOV tomorrow (10/17/2024) as for it is one day after the deadline of the compliance date (10/16/2024) that was agreed upon. From: Bjorback, Leif <Leif.Bjorbacic@edmondswa.gov> Sent: Wednesday, October 16, 2024 10:14 AM To: Akau, Donovan <Donova n.Akau@edmondswa.gov> Subject: FW: COD2024-0199 Fire/Tire storage Donovan, have we issued an NOV for the tires? If so, then we need to steer him toward how to properly appeal. If not, there is nothing for Nash to appeal. See this snip. 20.110.040 Enforcement procedures. Q G O the site or by serving a copy of the notice personally on the person responsible for the violation. ............- .......................... C. Appeal to Hearing Examiner. 1. General. A person to whom the notice of civil violation is directed may appeal the notice of civil violation by filing a written notice of appeal with the planning and development director within 10 days ................................ ........................... of the date the notice is placed in the mail, or seven days frorn the date the notice is posted conspicuously on the property or served personally on the person responsible for the violation. ........................... If he is eligible to appeal, it will cost him $1108 as per our fee schedule. APPEALS; Appeal of Staff Decision (rype 1 tt or Heanny Exarnmer)_....................................................................... $514.00 Appeal of Type 111B Decision to City Council............................................................................................. $628.00 Annp.a1 of NntirP of CMI Vonfatinn 4,1 1 nR no From: Nash Alibhai <fdnash@icloud.com> Sent: Wednesday, October 16, 2024 9:39 AM To: Burt, Chris (Fire District Address) <cburt@southsnofire.org> Cc: Alysha Alibhai <alysha.alibhai@gmail.com>; Akau, Donovan <Donovan.Akau@edmondswa.gov>; Dyer, Eric (Fire District Address) <eDyer@southsnofire.org>; Bjorback, Leif <Leif.Biorback@edmondswa.gov> Subject: Re: COD2024-0199 Fire/Tire storage Hi guys. There is provision in the 2021 IFC for appeal and exception and or amendments I would like to formally submit an appeal The 2021 IFC is to broad to apply in my small business. It covers 150.000 sq ft to my 3500 sq ft. I need more help from the city to adopt and stay in business. Your cooperation and support will be greatly appreciated. Thank you. Sent from my iPhone Atta COD2024-01 Packet Pg. 16 1.a On Oct 15, 2024, at 10:58 AM, Burt, Chris <cburt@southsnofire.org> wrote: Alysha, The City of Edmonds has adopted the 2021 International Fire Code. There are no local amendments adopted by the city regarding tire storage therefor we have to apply the provisions in the International Fire Code. We can not apply City of Seattle codes here in Edmonds. The ongoing tire storage violation will need to be addressed. Thankyou <south county_fire_logo- removebg-preview- Chris Burt removebg- Deputy Fire Marshal - FM16 preview_c38369a2- 12425 Meridian Ave. S, Everett WA 98208 5d38-463c-b99e- Fire Prevention: (425) 551-1264 1 0: (425) 327-5800 21c662d02fb1.png> cburt@southsnofire.org I www.southsnofire.org From: Alysha Alibhai <alysha.alibhai@gmail.com> Sent: Sunday, October 13, 2024 5:17 PM To: Donovan.Akau@edmondswa.gov; Dyer, Eric <eDver@southsnofire.org>; Leif Bjorback - City of Edmonds <Leif.Biorback@edmondswa.gov>; Burt, Chris <cburt@southsnofire.org> Cc: Nash Alibhai <fdnash(@icioud.com> Subject: Re: COD2024-0199 Fire/Tire storage Some people who received this message don't often get email from alysha.alibhai@gmail.com. Learn why this is important Dear Mr. Akau: On behalf of Nash Alibhai, please see the attached letter requesting an exception to IFC Section 3405.4. Thank you for your consideration. Kind regards, Alysha Alibhai From: "Akau, Donovan" <Donovan.Akau@edmondswa.g_ov> Date: September 24, 2024 at 2:22:16 PM PDT To: fdnash@icloud.com Cc: "Bjorback, Leif" <Leif.Bjorback@edmondswa.gov>, "Dyer, Eric (Fire District Address)" <ED er southsnofire.org>, "Burt, Chris (Fire District Address)" <cburt@southsnofire.org> Subject: COD2024-0199 Fire/Tire storage Atta COD2024-01Packet Pg. 17 1.a Mr. Alibhai, Thank you, for meeting with Eric Dyer (Fire), Christ Burt (Fire) and myself (Building/Code Compliance) on site to go over the exterior storage of the tires located on your property. As discussed on site the tires located on the East and Southeast portion of the property is in violation of the fire code. We had discussed the time frame that you will need to remedy this violation. It was agreed between Fire, Building, and yourself that the 15th day of October (3 weeks from today) will be sufficient time for you to remove the tires in question. The City thanks you for your cooperation and attention that you have given to this violation. I look forward to conducting a follow up site visit on October 16, 2024 (Wednesday) with fire and myself to see that the removal of the tires has been accomplished and that there is no longer a violation of the exterior storage of tires next to property lines on the Eastern and Southern portions of the property. Thank you, Atta COD2024-01Packet Pg. 18 1.a Olson, Karin From: Burt, Chris (Fire District Address) Sent: Tuesday, October 22, 2024 5:59 AM To: Nash Alibhai; Akau, Donovan Cc: Alysha Alibhai; Dyer, Eric (Fire District Address); Bjorback, Leif Subject: RE: COD2024-0199 Fire/Tire storage Nash, Unfortunately there is nothing to interpret in IFC code section 3405.4. The language is very clear. I am not aware of any other alternatives to what is required. Please understand that if I could help in some way I would. Thankyou Chris Burt Deputy Fire Marshal - FM16 12425 Meridian Ave. S, Everett WA 98208 Fire Prevention: (425) 551-1264 1 O: (425) 327-5800 cburt@southsnofire.orp i www.southsnofire.org ., M• r..:,.=..a,., d,a aaeu� uaJuui'2Iu7I:�S,Clip iue i, e;QDd'V;o'im, ntUirn ihun, inoIt, (ling protec.ted ne,)It/ it) forn)-Ivot l'c 1-re(I by f.,df'rriI and st, Ito prIv,-I-11 I. nNs. It i,, it ItBnCIQ(i o )Iv for th• wti ' nt �') • lr'r,•�nis) nan) '(r 7bove. If you art: not the intc:nci^li rrn,Ifur.nt, v 4, ,we he, toy notifiedCiat:)nyo-wintA,dIssennnaUnn,ulsti+butt)n.'),'111viiC.)"ol) fllis,'ttwllyprohibiterl.Ifyot, irt, owr i,lt;rnf '[l r)'Ull+il'nI, plC 15+.' CU!)la 't tl)C sr'nd+'I t?y rr �(� CIT id inrl dvslro)',+i l,l •+nS Of rill' Uflt;rf+i)1 'ill'.>Sa �!'. From: Nash Alibhai <fdnash@icioud.com> Sent: Thursday, October 17, 2024 9:44 AM To: Akau, Donovan <Donova n.Akau@edmondswa.gov> Cc: Burt, Chris <cburt@southsnofire.org>; Alysha Alibhai <alysha.alibhai@gmail.com>; Dyer, Eric <eDyer@southsnofire.org>; Leif Bjorback - City of Edmonds <Leif.Bjorback@edmondswa.gov> Subject: Re: COD2024-0199 Fire/Tire storage Hi. Most cities in the state of Washington have adopted exceptions and or amendments to the IFC-2305- 4 because it is to broad of a code to apply to small businesses in urban settings. Please kindly look into this matter and help me navigate this code to my situation. Much appreciate. Thank you. Sent from my iPhone On Oct 17, 2024, at 9:08 AM, Akau, Donovan <Donovan.Akau@0 dmondswa.gov> wrote Nash, Currently there is nothing to appeal. When a Notice of Violation is placed upon the property for the violation there is then an appeal process may proceed. IN the Notice of Violation Letter, you will see that there are steps and fees for this process. Please feel free o call me if you have any questions Thankyou, Atta coD2024-01Packet Pg. 19 1.a <image001.png> Donovan Akau ISenior Building Plans Examiner) City Hall 1 121 5th Ave N I Edmonds WA 98020 425.771.0220 ext. 1256 (office) 1 425.967-1713 (mobile) Donovan.Akau@edmondswa.gov In Office counter hours- Fridays (8:30am — 2:00pm) Remote work hours- Monday thru Thursday (7:30am — 4:30pm) From: Burt, Chris <cburt@southsnofire.org> Sent: Thursday, October 17, 2024 8:27 AM To: Nash Alibhai <fdnash@icloud.com> Cc: Alysha Alibhai <alvsha.alibhai@gmail.com>; Akau, Donovan <Donova n.Akau@edmondswa.gov>; Dyer, Eric (Fire District Address) <eDyer@southsnofire.org>; Bjorback, Leif <Leif.Biorback@edmondswa.gov> Subject: RE: COD2024-0199 Fire/Tire storage Nash, Could you provide the code section you are referring regarding appeals? Thankyou Chris Burt <image002. png> Deputy Fire Marshal - FM16 12425 Meridian Ave. S, Everett WA 98208 Fire Prevention: (425) 551-1264 1 0: (425) 327-5800 cburt@southsnofire.org I www.southsnofire.org 'IiohdornlationContamedInCir.. ;)? ndnndcoorldwitiolillformat1Ull,tt 1'11,i1t11IiifT"rl 1-o,1,,icc1 by fednfill '1n11 st,no privalcy lane",• /f Is I Ifoo i" 1 .1°11v too too uj C' of the pofson(s) r101110d ahwo It yOI' )`, lot tho it' r+nr.l, yJ r•,.. 1;., hnlcoy notrflerf ihm any rl,;1 v. J,S '(:niul,rhU, . ,Nti;^: �ut�n-L 1 duph(.,INon of this c')rrlm(irnrdhon /s .; 1'a.ti, J) 1)'1!01,(•l1 It lu u , r ?I•(t.•f !u{)q�in.tt r/1., C'dr� ! ''1 t)r,?t•t ttd T �,�<4i(i'I I"o R °l) '1 l,)1 In.f do itroy ntl copl:'s of th'. rrrl,quI1,; MO From: Nash Alibhai <fdnash@icloud.com> Sent: Wednesday, October 16, 2024 9:39 AM To: Burt, Chris <cburt@southsnofire.org> Cc: Alysha Alibhai <alysha.alibhai@gmail.com>; Donovan.Akau@edmondswa.gov; Dyer, Eric <eDyer@southsnofire.org>; Leif Bjorback - City of Edmonds <Leif.Biorback@edmondswa.gov> Subject: Re: COD2024-0199 Fire/Tire storage Hi guys. There is provision in the 2021 IFC for appeal and exception and or amendments I would like to formally submit an appeal The 2021 IFC is to broad to apply in my small business. It covers 150.000 sq ft to my 3500 sq ft. I need more help from the city to adopt and stay in business. Your cooperation and support will be greatly appreciated. Thank you. Sent from my Phone On Oct 15, 2024, at 10:58 AM, Burt, Chris <cbur_t_@southsnofire.,.-org> wrote: Atta coD2024-01 Packet Pg. 20 1.a Alysha, The City of Edmonds has adopted the 2021 International Fire Code. There are no local amendments adopted by the city regarding tire storage therefor we have to apply the provisions in the International Fire Code. We can not apply City of Seattle codes here in Edmonds. The ongoing tire storage violation will need to be addressed. Thankyou <south_cou nty_fi re_logo- removebg-preview- removebg- preview_c38369a2- 5d38-463c-b99e- 21c662d02fbl.png> Chris Burt Deputy Fire Marshal - FM16 12425 Meridian Ave. S, Everett WA 98208 Fire Prevention: (425) 551-1264 1 O: (425) 327-5800 cburt@southsnofire.ors I www.southsnofire.org ifi71; ,1 if,N'f )7 ')lfo)f) ;,,il7t. )171e;if ll" thus If in, limssion m.-Iv ronh7lrl privileged ,U)(f confl(lontlat ,nf1 i, i,,'➢td.,1 ➢, e h.li 1(fln:? f),•ra0crod nf- co:'fed tij i " firaf a I W ,I Ite ; ll lb27- ) v,,. It is 1nten(tea unly ror the u8R Cf h)( U-'r',iP , S) n•Inl '• l %)J.'n. It y, I(I cll? llnt thF; lilt( ,)in Iye:---by , it riodtIoat 1 1; , ,i b:. (IIsS -it I,; 1-Aron, dlstub(Itl ill, cf duplv' Itfol) , , vs _ )to ) r, _ 1 ttA proh:bltou. If nt,:n,1• d 1:c); u,'nt, l)I,, l ;r, •2110t -lct to ,vnder by reply email and destroy 1i1 y)r; s , f I, ;in ,f r; F, i,, From: Alysha Alibhai <aIVsha.alibhai@gmail.com> Sent: Sunday, October 13, 2024 5:17 PM To: Donovan.Akau@edmondswa.gov; Dyer, Eric <eDyer@southsnofire.org>; Leif Bjorback - City of Edmonds <Leif.Biorback@edmondswa.gov>; Burt, Chris <cburt@southsnofire.org> Cc: Nash Alibhai <fdnash@icloud.com> Subject: Re: COD2024-0199 Fire/Tire storage Some people who received this message don't often get email from alysha.alibhai@gmail.com. Learn why this is important Dear Mr. Akau: On behalf of Nash Alibhai, please see the attached letter requesting an exception to IFC Section 3405.4. Thank you for your consideration. Kind regards, Alysha Alibhai From: "Akau, Donovan" <Donova n.Akau@edmondswa.gov> Date: September 24, 2024 at 2:22:16 PM PDT To: fdnash@icloud.co_m Cc: "Bjorback, Leif' <Leif.B'orback@edmondswa ov>, "Dyer, Eric (Fire District Address)" <EDyer@southsnofire org>, "Burt, Chris (Fire District Address)" <cbu_rt@southsnofire_ org> Subject: COD2024-0199 Fire/Tire storage Atta COD2024-01 Packet Pg. 21 Mr. Alibhai, 1.a Thank you, for meeting with Eric Dyer (Fire), Christ Burt (Fire) and myself (Building/Code Compliance) on site to go over the exterior storage of the tires located on your property. As discussed on site the tires located on the East and Southeast portion of the property is in violation of the fire code. We had discussed the time frame that you will need to remedy this violation. It was agreed between Fire, Building, and yourself that the 15th day of October (3 weeks from today) will be sufficient time for you to remove the tires in question. The City thanks you foryour cooperation and attention that you have given to this violation. I look forward to conducting a follow up site visit on October 16, 2024 (Wednesday) with fire and myself to see that the removal of the tires has been accomplished and that there is no longer a violation of the exterior storage of tires next to property lines on the Eastern and Southern portions of the property. Thank you, Atta COD2024-01Packet Pg. 22 1.a Olson, Karin From: Burt, Chris (Fire District Address) Sent: Friday, September 20, 2024 8:05 AM To: Dyer, Eric (Fire District Address); Bjorback, Leif; Akau, Donovan Subject: RE: Factory Direct Tire Sales 22617 76th Avenue West. Violation Notice. WA State Fire Codes Chapter 34. Good morning Eric, Leif, myself and Donovan had an in -person meeting with Nash yesterday at city hall. The tire violation was discussed. What was decided is that FMO would give Nash ideas on how to become code compliant with the tire storage. One idea is for him to obtain shipping containers to store them in. This option would have building code implications. Could you please contact Nash and setup a meeting for next Tuesday to meet on site and discuss? He is adamant that these tires are usable and needed to operate his business. I explained to him that the IFC does not differentiate between usable tires and discarded tires. It has to do with tire storage period. I have my doubts the tires are usable. Eric, you should also know that Donovan is acting at the Code Enforcement Officer in Dans absence. Leif also wants us to take a look at the suite being used for church services. Nash is to contact the paster of this suite and have them on location. In conclusion it sounds as though Nash will be evicting the apartment tenants and converting the apartments for the type of use that they were originally permitted for. Donovan, Please read this email chain to become familiar with what has been stated previously. Thankyou Chris Burt Deputy Fire Marshal - FM16 12425 Meridian Ave. S, Everett WA 98208 Fire Prevention: (425) 551-1264 1 O: (425) 327-5800 cburt@southsnofire.org I www.southsnofire.org ,C iP't1Gi)))(iti0iIcootalnr"OifIIIIts traos ri us., too '))Jy contoIn 01 witp; II'In I°:'u Ju I'vitla N)form»tlon, incluaing proloc ter/ lU`)tol );iio l)uioi ,)'wrr.(I -)y f9dertii anJ state privacy tows It iS Inter -le'I Oft)' fu' tn') rl i f rhr- nt', i(1/)fs) n,)'' v a above. if you we r)O: the Intandwi rer ioi 411,, ^')ynotlfln I ttmt )nymvi-w. dissNn'1nation, J'stllhtltion. •w /uph'..:;' )11 it 111;> coil fl It r1wc)1ion is s1rwtIvprnIW)1r,, 1 1•` )tr �•,; r'„r ►n!::r),fPd 1 pwpiew. ple atie contact the sw7flor by rt:prr ornall in, I aa;Of Oy •)It c.)pins of Ipe ongmdt wvssi)ge. From: Dyer, Eric <eDye r@so uthsnofire.org> Sent: Wednesday, May 15, 2024 11:15 AM To: Leif Bjorback - City of Edmonds <Leif.Bjorback@edmondswa.gov> Cc: Gooding, Dan <Dan.Gooding@edmondswa.gov>; Burt, Chris <cburt@southsnofire.org> Subject: RE: Factory Direct Tire Sales 22617 76th Avenue West. Violation Notice. WA State Fire Codes Chapter 34. There is no improvement or forward movement on resolution to this violation as of this morning at 10:00 Atta COD2024-01Packet Pg. 23 1.a Eric Dyer Deputy Fire Marshal 12425 Meridian Ave. S, Everett WA 98208 Fire Prevention: (425) 551-1264 1 0: (425) 551-1264 eDver@southsnofire.ors I www.southsnofire.or>; ItIG,itItUrilkliILit +ti;UlItZ017[t..S.It[ iry'-.onl-w,pfIV, io4vridlIUQ;r`nitleerIllaiIrlIorIIla Ito al,itIcI tit 1110.,piI)Ialr'L-tIIiii.lid? irtilbor7 - o, ered by federal and it Ill.: ;)I IV k;,, I )vvs. It is ini ;nrh •Ct ,-)Illy fOr lh1 ` use of the perSonlS) Ildmecl -)hove It you it nr r (he r. 1, r+dod rr+.'.atAnf. yo •im hereby )utihad that any cvi.r►t..f ss m n,ihun.:.f str Ibu:vw, of dunfictltion of this-.ornmunic•)hun is Sfrr l pt )hroit •d li ^ir it I not th intended reciprr:nt, please r ,-.lit- J MO. senrl .r by yli; e na l in:l le stroy,vt ,:opres of the original r))r' 35 From: Bjorback, Leif <Leif.Biorback@edmondswa.gov> Sent: Tuesday, May 14, 2024 7:10 AM To: Dyer, Eric <eDyer@southsnofire.org> Cc: Gooding, Dan <Dan.Gooding@edmondswa.gov>; Burt, Chris <cburt@southsnofire.org> Subject: RE: Factory Direct Tire Sales 22617 76th Avenue West. Violation Notice. WA State Fire Codes Chapter 34. Eric, has there been any improvement on this issue? Leif From: Dyer, Eric <eDver@southsnofire.org> Sent: Thursday, April 4, 2024 7:10 AM To: Nash Alibhai <fdnash@icloud.corrl>; Bjorback, Leif <Leif.Biorback@edmondswa.gov> Cc: Gooding, Dan <Dan.Gooding@edmondswa.Qov>; Burt, Chris (Fire District Address) <cburt@southsnofire.org> Subject: RE: Factory Direct Tire Sales 22617 76th Avenue West. Violation Notice. WA State Fire Codes Chapter 34. Nash - Below is my email correspondence to you on this same question on 2/27/24: 02-27-24 Nash - The only solution is to remove the excess, and I assume waste tires, from the property. The footprint of your property does not allow for waste tire storage in the volume that currently exists. Please reference: 3405.4 Distance From Lot Lines and Buildings Tire storage piles shall be located not less than 50 feet (15 240 mm) from lot lines and buildings. 3405.5 Fire Breaks Storage yards shall be maintained free from combustible ground vegetation for a distance of 40 feet (12 192 mm) from the stored material to grass and weeds; and for a distance of 100 feet (30 480 mm) from the stored product to brush and forested areas. If storage of materials is a violation of current International Fire Code, then those materials shall be removed There has been no annual inspection performed on this property by South County Fire personnel since at least 2017 until my recent inspections at the Stone Court Building property in December of 2023, which is when I first notified you of the tire storage violation at Factory Direct Tire Sales. Atta coD2024-01 Packet Pg. 24 Thank you. 1.a Eric Dyer Deputy Fire Marshal 12425 Meridian Ave. S, Everett WA 98208 Fire Prevention: (425) 551-1264 1 O: (425) 551-1264 eDver@southsnofire.ors I www.southsnofire.ors The Into(motlon cont,irned u) to is oI )y cont.im privll,)a;.'(l anc1 rntlflllen,)al InlWnP lo),IU.164, priltortell I)o]ul) tnformatlo) ov,r rOd W federal irnd It(. ! vac} I,1.+ s It nt ,odu J only for tw., vse of the :)erson(s) n,am,?tf ibr: E1. If;,) I')I+! not tl)P rntOnd.It] Irlc;p)rnt, yed �rP hereby noUfi:, I at ) )i r.,vnl w, 1rS 1 )), ntf a. alstributit.a. (,f y(l:)Ilcat co of M!S (;ami)LIm, —(; l l> >r,l: i', of 1't?It(,,l tl votI ar 11,)t lhn r,') , ' ant Ict he ;nn it, by ,pq, ern ),t awl destroy -III .opies o) th )r,;lfl, l) al , so-, From: Nash Alibhai <fdnash@icloud.com> Sent: Thursday, April 4, 2024 6:23 AM To: Leif Bjorback - City of Edmonds <Leif.Biorback@edmondswa.gov> Cc: Gooding, Dan <Dan.Gooding@edmondswa.gov>; Dyer, Eric <eDver@southsnofire.org>; Burt, Chris <cburt@southsnofire.org> Subject: Re: Factory Direct Tire Sales 22617 76th Avenue West. Violation Notice. WA State Fire Codes Chapter 34. Hi Its not that i don't want to comply i just don't know what to do. It's been like that for 26 years and has been an intricate part of running the business and survival. I need help to understand what went wrong I have been through 26 annual fire inspections, please help me to be in compliance and stilt servive in running the business. am under immense stress with other issues going on. I sincerely appreciate your understanding in this matter. just need a little time and help in this matter Believe me i want to be a good Edmonds citizen as i work an live here for the last 27 years. Looking forward in resolving all matters Thank you for your time and support in resolving this matter Looking forward in working with you. Thank you From: NASH FACTORY DIRECT cascade wheels EDMONDS,WA (425) 774-5131 On Apr 3, 2024, at 5:50 PM, Bjorback, Leif <leif.bjorback@edmondswa.gov> wrote: Nash, it is extremely important that you comply with the directives of the fire department as stated below immediately. This not only constitutes a serious safety violation, but may jeopardize the continued occupancy of the residential units in the building. Please remove the tire storage as directed and notify us as soon as it has been done. Leif Bjorback I Building Official City of Edmonds Planning and Development Dept p. 425.771.0220 x1380 m. 425 754-7864 e. Leif. Biorback(a�edmondswa.clov Atta COD2024-01 Packet Pg. 25 1.a From: Gooding, Dan <dan.gooding@edmondswa.gov> Sent: Wednesday, April 3, 2024 1:05 PM To: Bjorback, Leif <Leif.Biorback@edmondswa.gov> Subject: FW: Factory Direct Tire Sales 22617 76th Avenue West. Violation Notice. WA State Fire Codes Chapter 34. Dan Gooding I Code Enforcement Officer City Hall 1 121 51h Ave N I Edmonds WA 98020 425.771.0220 (office) 1 425.754-5503 (mobile) dan.gooding@edmondswa.gov www.edmondswa.gov From: Dyer, Eric <eDyer southsnofire.org> Sent: Wednesday, April 3, 2024 12:29 PM To: fdnash@icloud.com Cc: Gooding, Dan <dan.gooding@edmondswa.gov> Subject: Factory Direct Tire Sales 22617 76th Avenue West. Violation Notice. WA State Fire Codes Chapter 34. 04-03-2024 Please resolve all previously documented outdoor tire storage violations immediately. In violation of 2018 IFC Section 3405; 3405.4 and 3405.5. This is the 4th written notice provided with no action taken by property owner. DFM Dyer 02-22-2024 Please resolve all previously documented outdoor tire storage violations immediately. In violation of 2018 IFC Section 3405,- 3405.4 and 3405.5. This is the 3rd written notice provided with no action. DFM Dyer 12-28-2023 Please resolve all previously documented outdoor tire storage violations immediately. (3405.4; 3405.5). 2nd written notice. DFM Dyer 12-12-23 Section 3405 Outdoor Storage 3405.1 Individual Piles Tire storage shall be restricted to individual piles not exceeding 5,000 square feet (464.5 m2) of continuous area. Piles shall not exceed 50,000 cubic feet (1416 m3) in volume or 10 feet (3048 mm) in height. 3405.2 Separation of Piles Individual tire storage piles shall be separated from other piles by a clear space of not less than 40 feet (12 192 mm). 4 Atta COD2024-01 Packet Pg. 26 1.a 3405.3 Distance Between Piles of Other Stored Products Tire storage piles shall be separated by a clear space of not less than 40 feet (12 192 mm) from piles of other stored product. 3405.4 Distance From Lot Lines and Buildings Tire storage piles shall be located not less than 50 feet (15 240 mm) from lot lines and buildings. 3405.5 Fire Breaks Storage yards shall be maintained free from combustible ground vegetation for a distance of 40 feet (12 192 mm) from the stored material to grass and weeds; and for a distance of 100 feet (30 480 mm) from the stored product to brush and forested areas. DFM Dyer Eric Dyer Deputy Fire Marshal 12425 Meridian Ave. S, Everett WA 98208 Fire Prevention: (425) 551-1264 1 0: (425) 551-1264 eDyer@southsnofire.org I www.southsnofire.org Atta COD2024-01 Packet Pg. 27 1.a Olson, Karin From: Dyer, Eric (Fire District Address) Sent: Tuesday, September 24, 2024 10:00 AM To: Burt, Chris (Fire District Address); Akau, Donovan; Bjorback, Leif Subject: RE: Factory Direct Tire Sales 22617 76th Avenue West. Violation Notice. Donavan - Chris and I have rescheduled our 11:30 meeting. We would like to still accommodate Nash with an 11:00 meeting at the property so that we can attempt to move forward with resolution on this. Eric Dyer Deputy Fire Marshal - FM20 12425 Meridian Ave. S, Everett WA 98208 Fire Prevention: (42S) 551-1264 1 O: (42S) 551-1264 eDyer@southsnofire.org I www.southsnofire.org 7, ) cwPtarlrr?tI in Ihi:r h,insntrSVJ.I in ir)(l i •clash Ientl II mfcNlM.ttron rnClud,nx pr ,br. rr d Iy ),t/7 rntr-rnmwit o-o-oct .ry teder it :ind st lre pliv-1cy laws It IS mto I lei/ only fast t, i Co or to ' pa Rnn(s) liarnod Obove. It Vou cN': rh',t thr rntundeci r . -tpi-, ,it hurubynutJratI that anytpvrew. drssem, Iatlo r. d,sttioto,on, ord,rpl,r...rtrorr or this -;0ril wnicat!nn rs strrt;tly pruhiliand. if y )u rr(, n)t Ih; ••.,j rY r; .art a)tn a�a, Q•sn,�t „•t lriu �a,,4tJ✓'f iP�"�'d.,aBe/-'dAt�dla !da' s?^ o P�� tIl a 3 f>!2' i r)f rheT f7m?!n.)t rtleisabe From: Burt, Chris <cburt@southsnofire.org> Sent: Tuesday, September 24, 2024 9:22 AM To: Akau, Donovan <Donova n.Akau@edmondswa.gov>; Leif Bjorback - City of Edmonds <Leif.Bjorback@edmondswa.gov> Cc: Dyer, Eric <eDye r@southsnofire.org> Subject: RE: Factory Direct Tire Sales 22617 76th Avenue West. Violation Notice. I guess we missed that. Yes. Chris Burt Deputy Fire Marshal - FM16 12425 Meridian Ave. S, Everett WA 98208 Fire Prevention: (425) 551-1264 1 O: (425) 327-5800 cburt@southsnofire.org I www.southsnofire.org ir;','14Motion C )rltoloodrr7 cros trawmii sio,1 ,P ivcwt'i n )rit.11y ,ua )d, r odenti9l rnf)livatlor. . in (,!rltvg pr r . ,i 36k ,,ov�rod by fetlr'ral .Ind stntu privacy laws. I' is inh:ndt'd nn1V f,,r MV u,e of thF. par • WIN, n,IMUCI •Ibovo. If you arr. rtnt tho ultr,lcl.:tl wip oll, it o, hei ehy ootihr,l that anyrCvrew. (/IS Sr•ntrrlItr01. rlistnhOrIC,1�, or duptir•at,on c)fihr� crvnnurnrc; than,a strictly ptohihitt,(f Ifvnu.tr,r tiotits nrtend�d mrrlierrt, plr..)sn r(.)ntnc•t to , ;'rn r,'r by rr 1t14 nm.lri ar rl !, itn)y N! rt>lur : of Chc uru;rnal nit'Ss )d From: Akau, Donovan <Donovan.Akau@edmondswa.gov> Sent: Tuesday, September 24, 2024 9:17 AM To: Burt, Chris <cburt@southsnofire.or>; Leif Bjorback - City of Edmonds <Leif.Biorback@edmondswa.gov> Cc: Dyer, Eric <eDyer@southsnofire.or> Subject: RE: Factory Direct Tire Sales 22617 76th Avenue West. Violation Notice. Thank you for the update. Are will still scheduled for today at 11 am ? Atta COD2024-01 Packet Pg. 28 1.a From: Burt, Chris <cburt@southsnofire.org> Sent: Tuesday, September 24, 2024 9:07 AM To: Bjorback, Leif <Leif.Biorback@edmondswa.gov>; Akau, Donovan <Donovan.Akau@edmondswa.gov> Cc: Dyer, Eric (Fire District Address) <eDyer@southsnofire.or> Subject: RE: Factory Direct Tire Sales 22617 76th Avenue West. Violation Notice. Good morning, No response from Nash. In speaking with Eric Dyer he reports that the tires in the rear are very old and in his opinion not usable for resale. Nash is also collecting disposal fees from customers as required by the state. I think we need to continue to escalate enforcement as he doesn't seem willing to take action. Chris Burt Deputy Fire Marshal - FM16 12425 Meridian Ave. S, Everett WA 98208 Fire Prevention: (425) 551-1264 i O: (425) 327-5800 cburt@southsnofire.ors I www.southsnofire.org ..<, � x.,� �>,..,�oa.e ... .,a a r,l�, ,oega,•.AluUo u, +°ad tl ue�d'��;'ef.arpe/�'�)f)fl.lrtltl<',17nfOffl41tt0lY, pOpeaued.. �� o. �.� ti.a�. .. ..-., .o_ - (lVOiG(14y lt?(yErall An(1 i!cl'B (.111✓.11;Y i 1'vYti. Ir IS InCC'n(1.',1011 j IO! ih�) !;SC Of CO!' pClSon(3) n:)n1U(1 'if��)Yl'. I! r�.)L' _i-r3 f..f C�C' t�tftl".!('�.1 '� !/)t^ 1( °i .'!lt;lit:lt'1)ynOCl/I(?rl[hd1.mii!•?V(eo./or ll,t/)l.,ition vi iUJ)C!('t9CfUt�O(IhISCOl1)/11f1n�C.1[IJ�)'s-,'u(.ayv�unt:Nrnd.lfy,ouaronntIr- lntenrle(i IOr(1»^nt, plrase (%m-*,L,t tho ti-;nder by ,'p(y rn)^ t .) , ',,,stroyAl ,optus of the origin t: �,_ From: Bjorback, Leif <Leif.Biorback@edmondswa.gov> Sent: Friday, September 20, 2024 1:21 PM To: Nash Alibhai <fdnash@icloud.com> Cc: Dyer, Eric <eDyer@southsnofire.or>; Burt, Chris <cburt@southsnofire.org> Subject: RE: Factory Direct Tire Sales 22617 76th Avenue West. Violation Notice. Nash, please make your Tuesday appointment directly with Eric Dyer, not me. Leif From: Nash Alibhai <fdnashPicloud.com> Sent: Friday, September 20, 2024 12:00 PM To: Bjorback, Leif <Leif.Biorback@edmondswa.gov> Subject: Re: Factory Direct Tire Sales 22617 76th Avenue West. Violation Notice. Thank you for taking time to help me with this situation. Tuesday @11:00 AM. Would be great. Hope it works for you too. Thanks. Sent from my iPhone On Sep 20, 2024, at 11:47 AM, Bjorback, Leif <Leif.Bjorback@edmondswa.gov> wrote: Gentlemen, I checked with Planning regarding the potential for adding storage structures, including shipping containers, in the rear of the building. Be aware that - 1. there is a 15 foot minimum setback required on the east property line. 2. no setback requirement on the south property line. 3. Check with Planning and Building prior to installing any type of containers or structures. Atta COD2024-01 Packet Pg. 29 1.a 4. anything considered a structure will need a building permit. 5. Structures within 10 feet of the property line need to be fire rated. Leif Bjorback I Building Official City of Edmonds Planning and Development Dept p. 425.771.0220 x1380 m. 425 754-7864 e. Leif BiorbackAedmondswa.goov The Development Services Permit Center is open M-F 8:30am to noon and 1:00 to 2:00pm for in - person service. Appointments are encouraged. Telephone and Digital/Remote access is available M-F 8:00am to 4:30pm. To apply for a permit, check status of a permit or schedule inspections please visit MyBu i i d i ngPe rm i t. c o m. City website www. edmondswa. pov For building permit inquiries: onlinepermits(aedmondswa.gov For all other permit inquiries please email: devserv.admin(a�edmondswa.gou Web Map: www. maps.edmondswa.gov From: Dyer, Eric <eDver@southsnofire.org> Sent: Friday, September 20, 2024 11:02 AM To: Nash Alibhai <fdnash@icloud.com> Cc: Burt, Chris (Fire District Address) <cburt@southsnofire.org>; Bjorback, Leif <Leif.Blorba(kL«)edmondswa.gov> Subject: Factory Direct Tire Sales 22617 76th Avenue West. Violation Notice. Good morning Nash — DFM Chris Burt and I would like to meet with you on site of the Factory Direct Tire Sales store in order to discuss some possible tire storage options or other methods of resolution to the violation Can you please let me know if sometime on Tuesday September 24`h will be acceptable for you to meet with us. Thank you. Eric Dyer <image001. png> Deputy Fire Marshal - FM20 12425 Meridian Ave. S, Everett WA 98208 Fire Prevention: (425) 551-1264 1 O: (425) 551-1264 eDver@southsnofire.org I www.southsnofire.org Atta COD2024-01 Packet Pg. 30 1.a City of Edmonds 5 225TH PL SW 12h�ry � 00 Vicinity Map - 22617 76th Ave W 22429 LlJ ~ IJ.i a = 11 E PE R NCE hho- Co ^ ` EDMON, DS I I 22519 JAVA 1 22421 22427 „s 215o3 m � 22509 22' 22516� 22515 22522 22523 22514 22528. RITE -AID 60 r. :26TH PL SW 22620� _4 22605 W I � 2�1 I 22630* 22 v 21601 ra 88 '� ic P°. 2 22626 226310 2 227022708 6� r ja 2211 I 2 5 of TV A ' 22720 yQ , t ^ 2271E 2 I N■ 22720 � 22766u i 7r'ch �19 2 22 ��T I 7100 1 —---g� — — EDA4_ H g ---- _ S`� W - f-SP'ERAIVCE 229 22801 ^^ 221-1 � 2 • 1 ^ ^ 22828 SW 7 / 2 I 22821 _ W 22621 7428 I [2290i 229 1 22911 22907 ^ 4`.229" 1:3,031 O J --- %L 22911 252.60 505.2 Feet 376.2 This ma is a user generated static output from an Internet mapping site and is foi 4,514 p B p pp g reference only. Data layers that appear on this map may or may not be accurate NGS_1984_Web-Mercator _Auxiliary -Sphere current, or otherwise reliable 0 City of Edmonds THIS MAP IS NOT TO BE USED FOR DESIGN OR CONSTRUCTION 5i2 ti Legend - Sections Boundary Sections Edmonds Boundary ArcSDE.GIS.PROPERTY _BUILDIN( ArcSDE.GIS.STREET_CENTERLINEll <all other values> Interstate Principal Arterial Minor Arterial; Collector Local Street; On Ramp State Highways <all other values> -- 0 1 2 County Boundary Parks ArcSDE.GIS.PROPERTY_WASHIN( ArcSDE.GIS.PROPERTY_CITIES ArcSDE.GIS.PROPERTY_CITIES City of Edmonds City of Lynnwood City of Mountlake Terrace Unincorporated King Co; Unincorpc City of Woodway Citv of Arlington: Citv of Bothell: Cit I Notes Q I Packet Pg. 31 1 1.a Gaggle Maps Factory Direct Tires Map data ©2024, Map data ©2024 10 ft Atta COD2024-0 Packet Pg. 32 1.a U J J N _ O 2 cc _ _ Q _ O w cc O_ w O O v O Z 4- 0 R d Q Q a _ 4) E cc m t O Q. m L cc w d Q Q Cn O N O N G O L) r.+ _ O E t V lC a A COD2024-01 Packet Pg. 33 1.a U J J N C O 2 O C C Q C O O O_ O d C.1 O Z 4- 0 d Q O- Q N C d E t 0 C O O O_ d L Cu CE w Q Q a O Nr N O N 0 O U c m E t CU 2 a Atta COD2024-01 Packet Pg. 34 sty �'�i,'i ,!4 � �� � r „j�r- .tt^ '===iiiRtttt 777=== c � "'MMM��� r y' J �I.. ....� ^^'.—„ it 'I4 �Y+�^-` � 1.a �.� �t � i, • 1, Atta COD2024-01 Packet Pg. 36 �. ' r. r z \� Y��ir~d" a •i..f. i w "' f •3+A.ur1r- 's- . Y� If � ♦S ' � 1wr •r^- 1.a Atta ' COD2024-01 Packet Pg. 38 :. ; his` �� ti � �` . �. .-. r ilk Lx-wr _..�. �_--' �_. _— __, < r r (% _ -- r_� .YI. +Vt .o- _ �\�_ � �T_� i�3t� 1\`,gip]` '� � s �°— 1 �z; so�� �� .. 1� �� - III 1.a CITY OF EDMONDS NOTICE OF CODE ENFORCEMENT APPEAL PUBLIC HEARING 'hC. 184v APPEAL DESCRIPTION: Appeal of Notice of Civil Violation dated October 17, 2024, requiring removal of illegally stored automotive tires from the property located at 22617 76th Ave W. The storage of the tires is in violation of the International Fire Code. PROJECT LOCATION: 22617 76th Ave W NAME OF APPELLANT: Nash Alibhai FILE NO.: COD2024-0199 PUBLIC HEARING: A hybrid public hearing will be held by the Hearing Examiner on December 12, 2024, at 3 p.m. The physical location is at Edmonds City Hall, 121 5th Avenue N, 3rd Floor, Brackett Room. Or join the Zoom meeting at: https://edmondswa- izov.zoom.us/i/82688031743?Dwd=UEROWk5hdU5DN1dRK1V3MkR2WTRSdz09 Meeting ID: 826 8803 1743 Passcode: 308007 Or join by phone: 253-215-8782 CITY CONTACT: Karin Olson, Code Enforcement Officer Karin.olson@edmondswa.gov 425-771-0220 Atta COD2024-01 Packet Pg. 41