6406 HIGHLAND DR 2020-06-17 - Laserfiche WebLink

{ 5I5 1 7. On March 12,2019,the City issued a violation citation to the Respondents for violations of: International Property Maintenance Code (IPMC) 106.1 Unlawful Acts as adopted by EMC 16.005.010; IPMC 108.1.4 Unlawful Structure as adopted by EMC 16.005.010; International Residential Code(IRC)R105.1 Permit Required as adopted by EMC 16.005.010; and Everett Municipal Code(EMC) 19.7.020 (E 1,2) (G) and(0)Regulations for Accessory Buildings. Copies of the violation citation were sent via first class and certified mail to the Respondents' last known address,which Officer Cunningham obtained from Snohomish County Assessor's record. A copy of the violation citation was personally delivered to Respondent Lina Tsymbalyuk and emailed to Respondent Volodymyr Tsymbalyuk. Each method of service used is independently sufficient to provide notice pursuant to EMC 1.20.010.C.1. (Exhibit#3, Violation Citation, dated March 12, 2019 with mail receipts) (Exhibit#4, Declaration of Service, dated March 12, 2019) (Testimony of Code Enforcement Officer Cunningham) 8. On April 3,2019,Officer Cunningham reinspected the subject property and observed and photographed that the commercial shipping container and wooden structure remained in the setback areas. The chicken coop was not visible from a public right-of-way. Officer Cunningham determined that the Respondents had not applied for or obtained the required City permits for construction of the wooden structure(sauna) on site. (Exhibit#1a-1 d, Inspection Photos, dated April 3, 2019) (Testimony of Code Enforcement Officer Cunningham) 9. The City provided the Respondents with an opportunity to correct the conditions that were in violation of sections of the EMC and provided notice of the date,time, and place of this hearing. The Respondents appeared at the hearing. 10. Respondent Lina Tsymbalyuk testified and translated for her husband at the hearing that they were unaware of the building and zoning codes concerning the construction of the wooden structure and placing a shipping container on site. She stated that they had applied for a demolition permit(#WD 1904-001)to remove the wooden structure (sauna)from the year yard and she showed photos to demonstrate that they have already removed the wooden structure and the chicken coop from the setback areas. They will begin to remove items stored in the shipping container in order to have the shipping container removed from the rear yard by October 11,2019. The Respondents apologized for not knowing the correct codes and want to comply with the City. (Testimony of Lina Tsymbalyuk) 11. Chief Inspector de Budden testified at the hearing that upon review of the facts,he concurs with Officer Cunningham's assessment of the conditions present on the subject property. ffi (Testimony of Ted de Budden) 12. Officer Cunningham testified at the hearing that the chicken coup and wooden structure (sauna)had been removed from the setback areas on the subject property. (Testimony of Code Enforcement Officer Cunningham) Based on the above findings of fact,the Violations Hearing Examiner enters the following conclusions: 3