220 76TH ST SW 2020-06-19 - Laserfiche WebLink

Based upon a review of the administrative hearing record, the following Findings of Fact and Conclusions of Law hereby constitute the basis of the decision of the Everett Violations Hearing Examiner. 1. Daniel L. Ostler, Respondent, is the owner of property at 220 76th Street SW, Everett, Washington (property) which is in an R-1, Single Family Detached Low Density Residential zone as established by the City of Everett. (Exhibit#7, Snohomish County Assessors Record dated November 2, 2016) (Exhibit#8, Go Sync Maps) 2. On July 19, 2016, during an inspection of the property, City of Everett Code Enforcement Officer Kevin Fagerstrom observed and photographed junk, trash, salvage materials and vehicle parts had been discarded in the front yard in public view on the property and the vegetation in the yards of the property exceeded the maximum allowed height of 12 inches. He further observed a 1990 Toyota 4-Runner and a 1987 Chevrolet pickup truck with expired license tabs, and, a Jeep with a flat tire on a flatbed trailer parked in the driveway of the property. Two vehicles were parked in the front yard outside an approved driveway. Such violations are an annoyance and disrupt and injure the comfort, repose, health and safety of others. The entire community is affected by the activity. (Exhibit#2o-2y, Inspection Photos dated July 19, 2016 with Washington State Vehicle Registration Information) (Testimony of Code Enforcement Officer Fagerstrom) 3. On July 20, 2016, a notice to comply was sent via first class mail to the Respondent which provided information to the Respondent of conditions on the property that were in violation of City ordinance. The notice provided a corrective action date of August 8, 2016 for abatement of violations observed on the property. (Exhibit#6, Notice to Comply dated July 20, 2016) (Testimony of Code Enforcement Officer Fagerstrom) 4. On August 8, 2016, Officer Fagerstrom reinspected the property and observed and photographed that the overgrown vegetation in the yards of the property had been removed but the discarded items and inoperable vehicles remained in public view on the property. He also observed that vehicles remained parked in areas outside an approved parking area. (Exhibit#2i-2n, Inspection Photos dated August 8, 2016) (Testimony of Code Enforcement Officer Fagerstrom) 5. On August 25, 2016, Officer Fagerstrom reinspected the property and observed and photographed that violations previously viewed on August 8, 2016 remained in public view on the property. (Exhibit#2e-2h, Inspection Photos dated August 25, 2016) (Testimony of Code Enforcement Officer Fagerstrom) 6. On September 27, 2016, the City issued a violation citation to the Respondent for violations of Everett Municipal Code (EMC) 8.20.020(A)(E)(G) Nuisances, EMC 8.22.030(A) Inoperable Vehicles and EMC 19.34.060(J) Location of Off Street Parking. Copies were mailed to the Respondent via first class and certified mail to