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Resolution 6964
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Resolution 6964
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4/5/2016 10:48:16 AM
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Resolutions
Resolution Number
6964
Date
3/23/2016
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3 <br /> 6. On September 24, 2015, a notice of condemnation was sent via first class and <br /> certified mail to the Respondent. The notice provided information to the <br /> Respondent of the violations present on the property, and, cited that the residential <br /> and accessory structures were required to be vacated no later than September 25, <br /> 2015 because of a lack of approved water service to the residence. Officer <br /> Cunningham posted a condemnation placard on the property. (Exhibit#7, Notice of <br /> Condemnation dated September 24, 2015 with mail receipts) (Exhibit#8, <br /> Condemnation Placard dated September 24, 2015 with photos) (Testimony of Code <br /> Enforcement Officer Cunningham) <br /> 7. On November 6, 2015, Officer Cunningham reinspected the property and observed <br /> and photographed that the residential structure was unsecured and open to <br /> trespass. He observed that lights were on inside the structure. (Exhibit#1a-1d, Pre- <br /> Hearing Inspection Photos dated November 6, 2015) (Testimony of Code <br /> Enforcement Officer Cunningham) <br /> 8. The City provided the Respondent with an opportunity to correct the conditions that <br /> are in violation of sections of the EMC, provided a corrective action date of <br /> September 25, 2015 and provided notice of the date, time and place of this hearing. <br /> The Respondent failed to appear at the hearing. <br /> Based on the above Findings of Fact, the Violations Hearing Examiner enters the <br /> following Conclusions: <br /> CONCLUSIONS OF LAW <br /> Jurisdiction: <br /> Pursuant to Chapter 1.20 EMC or any Everett Municipal Code (EMC) provisions that <br /> identify Chapter 1.20 EMC for enforcement, the Violations Hearing Examiner of the City <br /> of Everett has jurisdictional authority to hold the hearing and issue the decision. EMC <br /> §1.20.020 <br /> Applicable Law: <br /> 1. IPMC 505.1 Water System General, which reads: <br /> Every sink, lavatory, bathtub or shower, drinking fountain, water closet or other <br /> plumbing fixture shall be properly connected to either a public water system or to an <br /> approved private water system. All kitchen sinks, lavatories, laundry facilities, <br /> bathtubs and showers shall be supplied with hot or tempered and cold running <br /> water in accordance with the International Plumbing Code. <br /> 2. IPMC 108.1.3 Structure unfit for human occupancy, which reads: <br /> A structure is unfit for human occupancy whenever the code official finds that such <br /> structure is unsafe, unlawful or, because of the degree to which the structure is in <br /> disrepair or lacks maintenance, is insanitary, vermin or rat infested, contains filth <br /> and contamination, or lacks ventilation, illumination, sanitary or heating facilities or <br />
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