6214 BROADWAY 2021-12-23 - Laserfiche WebLink

Based upon a review of record, 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 Stephen Henry Good Sr. Credit Trust (Respondent) is the owner of property at 6214 Broadway, Everett, Washington (subject property), which is in an R-3, Multiple Family Medium Density Residential zone. Dan Good (Respondent) is the younger son of Stephen Good and an occupant of a basement in the single-family residential structure located on the subject property. According to Snohomish County records, a one story dwelling with a basement is located on the subject property. On September 7, 2017 a Bargain and Sale Deed was recorded with the Snohomish County Assessor's office which designated Patrick Ashton Good, elder son of Stephen Henry Good as the trustee of the credit trust. (Exhibit #6, Bargain and Sale Deed, dated September 7, 2017) (Exhibit 418, Snohomish County Assessor's Record, dated December 11, 2019 with structural information) (Exhibit #9, Go Sync Map) 2. In response to a complaint of discarded garbage in the yards, City of Everett Code Enforcement Officer Don Cunningham conducted an inspection of the subject property on November 22, 2019. While on site, Officer Cunningham observed and photographed that uncontained bagged garbage, junk, cans, broken furniture, and items of personal property had been discarded in public view within the yards of the property. These conditions constitute a violation of the Everett Municipal Code and are an annoyance that disrupts and injures the comfort, repose, health, and safety of others. Officer Cunningham met Respondent Dan Good on site and was informed that he lived in the basement unit of the single-family residential structure (SFR) and that he planned on taking the discarded items to the dump on the upcoming weekend. Standing in the yard, Officer Cunningham observed a kitchen in the basement unit. Upon research of City records, Officer Cunningham determined that the basement area had been built in 1964 to support the residential structure which had been moved onto the subject property from another location. The basement area had never been approved by required City permits to be used as a separate dwelling unit, although previous assessor notes indicated the basement was developed and revalued as a duplex. (Exhibit #Ix -lee, Inspection Photos, dated November 22, 2019) (Exhibit #S, Snohomish County Assessor Record) (Testimony of Code Enforcement Officer Cunningham) 3, On December 3, 2019, Officer Cunningham reinspected the subject property and observed and photographed that the discarded items remained in public view and that two vehicles with expired license tabs had been parked on site. In the City of Everett vehicles that cannot be legally operated on a public right-of-way are considered inoperable. (Exhibit #Ire-I141, Inspection Photos, dated December 3, 2019) (Testimony of Code Enforcement Officer Cunningham) 4. On December 4, 2019, 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 108.1.4 Unlawful Structure as adopted by EMC 16.005.010; IPMC 308.1 Accumulation of Rubbish and Garbage as adopted by EMC 16.005.010; International Residential Code (IRC) R105.1 Permit Required as adopted by EMC 16.005.010; and