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• <br /> 4/� <br /> Building Division. Officer Fagerstrom posted a condemnation placard on the <br /> property. (Exhibit#6, Notice of Condemnation dated December 18, 2015 with <br /> unclaimed mail receipts and photos) (Testimony of Code Enforcement Officer <br /> Cunningham) <br /> 7. On March 14, 2016, Officer Fagerstrom reinspected the property and observed and <br /> photographed that the residential structure remained vacant. In addition, the <br /> discarded items remained in the open carport and driveway of the property. Upon <br /> review of City records, Officer Fagerstrom discovered that required permits for the <br /> residential structure and retaining wall constructed on the property had not been <br /> obtained. (Exhibit#1 a-1 d, Pre-Hearing Inspection Photos dated March 14, 2016) <br /> (Testimony of Code Enforcement Officer Fagerstrom) <br /> 8. The City provided the Respondent with an opportunity to correct the conditions that <br /> are in violation of sections of the EMC and provided notice of the date, time and <br /> place of this hearing. Chad Slayton, Real Estate Agent representing the <br /> Respondent appeared at the hearing. <br /> 9. Chad Slayton testified at the hearing that the Respondent has contacted a geo-tech <br /> firm to conduct geo grid testing on the retaining wall to determine viability of the <br /> wall. Mr. Slayton also stated that he planned on involving City representatives <br /> throughout the process. Mr. Slayton explained that part of the process for <br /> contracting for services to abate violations on the property, the Respondent would <br /> be arranging for removal of the discarded debris in the open garage and driveway <br /> on the property. (Testimony of Mr. Slayton) <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 108.1.4 Unlawful Structure, which reads: <br /> An unlawful structure is one found in whole or in part to be occupied by more <br /> persons than permitted under this code, or was erected, altered or occupied <br /> contrary to law. <br /> 2. IPMC 108.1.5(5) Dangerous Structure or Premises, which reads: <br />