3405 BELL AVE 2019-09-04 - Laserfiche WebLink

4 (Exhibit#1a, Pre-Nearing Inspection Photos dated July 16, 2014) (Testimony of Code Enforcement Officer Keirsey) 10. The City provided the Respondent with an opportunity to correct the conditions that are in violation of sections of the EMC and provided notice of the date, time and place of this hearing. The Respondent appeared at the hearing. Based on the above Findings of Fact, the Violations Hearing Examiner enters the following Conclusions: CONCLUSIONS OF LAW Jurisdiction: Pursuant to Chapter 1.20 EMC or any Everett Municipal Code (EMC) provisions that identify Chapter 1.20 EMC for enforcement, the Violations Hearing Examiner of the City of Everett has jurisdictional authority to hold this hearing and to issue the decision. EMC §1.20.020 Applicable Law: 1. IRC 2009 R105.1 Permit required,which reads: Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or cause any such work to be done, shall first make application to the building official and obtain the required permit. 2. EMC 19.2.080(A) Land Use,which reads: (A) No building, structure or property shall hereafter be used and no building or part thereof shall be built, enlarged, demolished or moved except in conformity with the provisions of this title for the zone in which it is located. When the requirements of this title, as applied to a specific property, use or building are unclear, the planning director is hereby authorized to interpret how the requirements of this title shall apply. 3. IPMC 106.1 Unlawful acts,which reads: It shall be unlawful for a person, firm or corporation to be in conflict with or in violation of any of the provisions of this code. Conclusions of Law Based on Above Findings: 1. By allowing a conversion of the basement into a dwelling unit without required City permits, the Respondent violated IRC 2009 R105.1.