2730 PINE ST 2021-12-10 - Laserfiche WebLink

• • Exhibit 13 Respondents' narrative statement of compliance efforts, dated April 5, 2021 Exhibit 14 Photos and documents demonstrating compliance efforts by Respondents, submitted by Victoria Mason April 5,2021 Based on review of the record as a whole,the following findings of fact and conclusions of law hereby constitute the basis of the decision of the Everett Violations Hearing Examiner. FINDINGS OF FACT 1. Dorian J. Serna and Victoria Mason(Respondents) are the owners of record of property at 2730 Pine Street,Everett, Washington(subject property),which is in a UR4, Urban Residential 4—Multiple Family zone. The Respondents purchased the property September 12, 2017. A triplex residential structure is located on the subject property. (Exhibit#10, Snohomish County Assessor's record, dated March 23, 2021) (Exhibit#11, Go Sync Map) 2. In March 2016, a code enforcement case(CE16-0255)was opened for a nuisance violation on the subject property. Upon inspection at that time, City of Everett Code Enforcement Officer Don Cunningham observed that two rooms (labeled 9 and 10)had been created in the attic with access from an interior door or an exterior door. Both rooms lacked suitable means of egress for occupancy. City of Everett Building Division then Chief Inspector Ted de Budden concurred with Officer Cunningham's opinion that the creation of rooms in the attic had resulted in an unlawful structure. (Exhibit #5, Email from Ted de Budden, dated July 12, 2016) (Testimony of Code Enforcement Officer Cunningham) 3. In response to a complaint of a leaky roof allowing water penetration into a unit, Officer Cunningham conducted an inspection of the subject property on February 17, 2021 with a tenant. While on site, Officer Cunningham was shown the kitchen on the second floor where the ceiling above the refrigerator showed signs of a water leak. The tenant informed Officer Cunningham that the manager of the structure believed that the water is coming from the exterior door leading to the attic and that one attic room was currently occupied. Upon research of City records, Officer Cunningham discovered that in 2017,Fire and Life Safety Restrictions were placed on the triplex which included acknowledgement that the third floor(attic)is non-habitable space and was not to be used for sleeping, living, gathering, or any other functional purpose. A permanent sign was to be posted on the interior door from the second-floor kitchen to the attic and another similar sign posted on the exterior door opening to the attic level. It determined in 2017 that the attic rooms lacked a code-compliant egress route. During his 2021 site inspection, Officer Cunningham observed that there were no signs posted on either the interior or exterior doors. (Exhibit#1 a-lf, Inspection Photos, dated February 17, 2021) (Exhibit#6, Fire and Life Safety Restrictions on Tri-Flex at 2730 Pine St, dated February 15, 2017) (Testimony of Code Enforcement Officer Cunningham) 4. On February 23, 2021,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 108.1.3 Structure Unfit for Human Occupancy as adopted by EMC 16.005.010; IPMC 108.1.4 Unlawful Structure as adopted by EMC 16.005.010; IPMC 2/ �