6214 BROADWAY 2021-12-23 - Laserfiche WebLink

Everett Municipal Code (EMC) 8.20.020 (A) (C) and (G) Nuisances — Residential Property and Nonresidential Property. Copies of the violation citation were sent via first class and certified mail to the Respondents' last known address, which Officer Cunningham obtained from Snohomish County Assessor's record. A copy of the violation citation was posted on the subject property. Each method of service used is independently sufficient to provide notice pursuant to EMC 1.20.010.C.1. (Exhibit #3, Violation Citation, dated December 4, 2019 ivith nail receipts) (Exhibit 44, Declaration Of Service, dated December 4, 2019 Wth photos) (Testimony of Code Enforcement Of Cunningham) 5. On December 5, 2019, City of Everett Building Division Chief Inspector Ted de Budden informed Officer Cunningham that the permit history on the subject property indicated that permits had been issued for the construction of a basement/foundation beneath a structure moved on site and for water service for one bathroom, one clothes washer, one kitchen sink, and one utility sink within the relocated structure. No permits had been issued to create a second dwelling or apartment within the SFR. (Exhibit 47, Ernail from Ted de Budden, dated December S, 2019) (Testimony of Code Enforcement Officer Cunningham) 6. On December 9, 2019, Officer Cunningham, Respondent Dan Good and Pat Good conducted an inspection of the occupied basement area within the SIR. While on site, Officer Cunningham observed and photographed that the ceiling height of the basement dwelling unit was slightly more than seven feet; egress windows were not compliant with code; kitchen, bathroom and laundry areas had been constructed; a living room with a fireplace existed; there was a separate bedroom without an egress window; extension cords were being used to provide electrical power to appliances; and an internal door to the main floor had been blocked. There were two external electrical meters and a subpanel connected at the entrance to the main floor of the SIR. Officer Cunningham further observed that although some of the discarded items had been removed from public view, discarded items remained on site. The Respondents had not applied for or obtained the required City permits to bring the property into compliance. (Exhibit #la-lu, Inspection Photos, dated December 9, 2019) (Testimony of Code Enforcement Offr.cer Cunningham) 7. The City provided the Respondents with an opportunity to correct the conditions that were in violation of sections of the EMC, provided a corrective action date of December 16, 2019 to remove all discarded items from public view and January 1, 2020 to vacate the basement unit, and provided notice of the date, time and place of this hearing. Patrick Good, trustee for the Stephen henry Good Sr. Credit Trust, appeared at the hearing. Patrick Good testified at the hearing that the property was quit claimed to his father in 1990, without knowledge of illegal basement dwelling unit, and his brother moved into the basement unit in 2016. The items discarded outside have been removed and his brother has vacated the basement unit. The locks to the basement unit are being changed this afternoon. Mr. Good asked that his brother's dog be allowed to stay in the basement until January 13th. (Testimony of Patrick Good) 9. Officer Cunningham testified at the hearing that the lack of egress windows, the ceiling height, and the use of electrical extension cords in a presumed legal basement dwelling unit