@City of Seattle Department of Planning and Development Code Compliance Division SHORELINE NOTICE OF VIOLATION CASE NO. 1034649 May 18, 2015 Property known as: Terminal 5 2850 SW Spokane St. 3600 West Marginal Way SW. and 3443 West Marginal Way SW APst 7666?0-4010. and 766670-4020. Legal Description: see attachments (3) Property Owner: Port of Seattle Ted J. Fick. CEO PO. Box 1209 Seattle. WA 98111 Leaseholder: Foss Maritime Company Paul E. Stevens. President and CEO 1151 Fairview Avenue North Seattle, WA 98109 Registered Agent for Leaseholder: BS 8. G. Inc. 1191 2'?1 Ave. Ste. 1800 Seattle. WA 98101 Occupant: Shell Oil Company 601 1st Avenue. Ste. 1700 Spokane. WA 99201 Registered Agent for Occupant: CT Corporation System 505 Union Ave SE. Ste. 120 Olympia, WA 98501 Shoreline Inspector Scarlett Philibosian investigated and found violations of the Seattle Municipal Code 23.40.002. 2360.016, 23.60090. 2360.092. and 2390002. THE VIOLATIONS) MUST BE CORRECTED BY JUNE 4, 2015. CASE NO. 1034649 Page 2 of 4 The specific violation(s) and correction(s) are as follows: VIOLATION: Use not established by permit. The recognized existing use of the property, as reflected in permits 9404118 and 9404124, is as a cargo terminal. CORRECTION: Remove the Polar Pioneer and the Aliqu from the property OR Obtain a permit establishing commercial moorage use {per existing Shoreline Code 23.80) or commercial marina use (if after the effective date of new Shoreline Master Program Ordinance 124750). BRING THIS DOCUMENT WITH YOU WHEN APPLYING FOR ANY PERMITS. Information on permits may be obtained at the DPD Applicant Services Center, 700 5th Avenue, Suite 2000, 20th Floor, Seattle Municipal Tower, or by calling 206-684-8850. PENALTIESIFINES You may be subject to a civil penalty (fine) for a continued violation. - For the first ten days of noncompliance, the penalty is $150 per day beginning the day after the deadline above. an The penalty goes up to $500 per day for each violation after the first ten days. Penalties continue to add up until the date the corrections are completed and the Housing and Zoning Inspector has inspected and confirmed that the prepeity is in compliance. 0 If you do not correct the violations by the deadline listed above, the City may ?le a lawsuit against you to collect the penalty and obtain an injunction. If this case goes to court, the City would have to prove that the code violation existsiexisted in order to collect any penalties and obtain an injunction. RECORDING We may file a copy of this Notice of Violation with the King County Recorder?s Office. INSPECTION CHARGES In addition to these penalties, an inspection charge of $190 is charged for each inspection beyond the first two inspections in this case. a The third inspection and each subsequent inspection will be charged. a This charge is in addition to any per-day or other penalty or fine and you will be billed for this charge. REQUEST FQR EXTENSION You can ask the inspector for more time to complete correction of the violations. The request must be in writing and must explain why you need more time. Extensions will be granted only if substantial progress toward compliance has already been made. REVIEW If you disagree with this Notice of Violation, you may request a review of this Notice by a Department Review Officer. The Review Officer will review the facts of the case and determine whether the Notice of Violation was properly issued. The Review Officer can extend the compliance date during the review and for a short period of time, even if the violation is upheld. But, the Review Officer cannot allow a violation to continue or grant a variance. CASE NO. 1034649 Page 3 of 4 The Review may be requested by writing to the Director of Code Compliance, in care of Inspector Scarlett Philibosian, Department of Planning and Development, 700 5th Avenue, Suite 2000, PO Box 34019, Seattle, WA, 98124-4019. If you request a review by the Director, the request - must be in writing, I must be received by the Director no later than ten (10) days following service of this Notice, and I must contain the signature, mailing address and telephone number of the person requesting the review. The request should also include a brief statement including specific objections to the Notice of Violation - how the requestor is signi?cantly affected by, or interested in, the Review by the Director. If more than one person is cited in the Notice, the request for Review by the Director should specify the person to be contacted about the Review. OBTAINING PERMITS If you are constructing, repairing, adding to, or demolishing a building or premises, or if you are changing or establishing a use, you must obtain the proper permits. You may need more than one permit. In addition, actions in the Shoreline zone may require permits from other State and Federal agencies including the Army Corps of Engineers, the State Department of Ecology, Fisheries and Department of Natural Resources. Information on permits may be obtained at the DPD Applicant Services Center, 700 5th Avenue, Suite 2000, 20th Floor, Seattle Municipal Tower, or by calling 206-684?6850. BRING THIS DOCUMENT WITH YOU WHEN APPLYING FOR ANY PERMITS. Even if a permit allows a longer time frame for completicm of work, the compliance date in this Notice of Violation takes precedence over the completion dates speci?ed in any permit. If needed, the inspector will meet with you or someone representing you on the site to discuss how you will bring the property into compliance with the Land Use Code. Once you have corrected the violation, the inspector must inspect to verify compliance. If you need more information or would like a meeting, please contact the inspector. Thank you for your attention to this matter. v? Scarlett Philibosian Shoreline Compliance Analyst 206.664.5040 City of Seattle Department of Planning and Development T00 5th Avenue, Suite 2000 PO Box 34019 Seattle WA 98124-4019 206-615-0608 I 206-233-7156 (TTY) Attachments (3) CASE NO. 1034649 Page 4 cf 4 Cc Traci Goodwin Port of Seattle PO Box 1209 Cc Cc Cc Seattle, WA 98111-1209 Jack McCullough McCullough Hill Leary PS 7'01 5th Ave Ste. 6600 Seattle, WA 98104-?006 Patrick Schneider Foster Pepper PLLC 1111 3rd Ave Ste. 3400 Seattle, WA 98101-3299 David West Garvey Schubert Barer 1191 2nd Ave Ste. 1300 Seattle, WA 98101-2939