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40 411 <br /> 304.1.1(4)Unsafe Conditions as adopted'by EMC 16.005.010; IPMC 404.4.4 Prohibited <br /> occupancy as adopted by EMC 16.005.010; IPMC 404.4.5 Other Requirements as adopted <br /> by EMC 16.005.010; and IPMC 702.1 General as adopted by EMC 16.005.010. Copies of <br /> the violation citation were sent via first class and certified mail to the Respondents' last <br /> known address, which Officer Cunningham obtained from Snohomish County Assessor's <br /> record. A copy of the citation was personally delivered to Respondent Mason on February <br /> 24, 2021, (Exhibit#3, Violation Citation, dated February 23, 2021 with mail receipts) <br /> (Exhibit#4, Declaration of Service, dated February 23, 2021 with photos) (Testimony of <br /> Code Enforcement Officer Cunningharn) <br /> C.5._.)While posting the citation on the property, Officer Cunningham met Respondent Mason and <br /> was allowed entrance into the attic area where he observed and photographed that one of the <br /> rooms (room 9)appeared to be occupied. He further observed that the stairway leading <br /> down to the kitchen area from the attic lacked the required head clearance height required <br /> for occupied space and for establishment of an egress route. Ms. Mason stated that <br /> relocation assistance was being provided to the attic tenant and that once he has moved the <br /> attic area will remain vacant. She remounted the 2017 sign on the kitchen door which stated <br /> that the tic was not to be occupied. (Exhibit#lg- 1, Inspection Photos, dated February 23, <br /> 2021) (Testimony of Code Enforce Went Officer Cunningham) <br /> 6. On February 23, 2021, a notice of condemnation of the attic was sent via first class and <br /> certified mail to the Respondents, which required that the attic level of the triplex structure <br /> be vacated no later than April 20,2021. A copy of the condemnation and a condemnation <br /> placard were posted on the subject property on February 24,2021. (Exhibit#4, Declaration <br /> of Service, dated February 23, 2021 with photos) (Exhibit#7, Notice of Condemnation, <br /> dated February 23, 2021 with mail receipts) (Exhibit#8, Condemnation Placard, dated <br /> February 23, 2021) (Testimony of Code Enforcement Officer Cunningham) <br /> 7. On March 29,2021, a notice of virtual hearing was sent via first class and certified mail to <br /> the Respondents' setting this matter in front of the Violations Hearing Examiner via a virtual <br /> hearing on April 8, 2021 at 10:00 am. (Exhibit#9, Notice of Virtual Hearing, dated March <br /> 29, 2021 with mail receipts and attachment) (Testimony of Code Er?forcernent Officer <br /> Cunningham) <br /> 8. The City provided the Respondents with an opportunity to correct the conditions that were <br /> in violation of sections of the EMC and provided notice of the date,time and place of this <br /> hearing. Respondent Mason appeared at the hearing. <br /> 9. Victoria Mason testified at the hearing that she had been unable to access the Microsoft <br /> Teams application and would have preferred to be able to share her video, but she called in <br /> to the hearing and presented verbal testimony. Reading from the narrative statement she <br /> submitted for the record on April 6, 2021, she explained that her son,Dorian Serna, is a <br /> commercial fisherman and is away for up to 10 months a year and that in his absence she <br /> acts as the property manager. Ms. Mason stated that when they purchased the property in <br /> September of 2017,they were informed that there may be some issues in renting the rooms <br /> on the third floor and were given vague information on what the problems were, being told <br /> 379 <br />