4212 RUCKER AVE A 2022-03-23 - Laserfiche WebLink

Exhibit 13 Exhibit List, dated November 9, 2017 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 1. Yuel Luncheon Boyce, Respondent, is the owner of property at 4212 Rucker Avenue, Everett, Washington (subject property), which is in an E-1-MUO Evergreen Way Mixed - Use Overlay zone. There are two -single family residential structures located on the subject property. (Exhibit #11, Snohomish County Assessor's record, dated November 2, 2017) (Exhibit #12, Go Sync Map) 2. In response to a complaint of an unlawful duplex, City of Everett Code Enforcement Officer Spring Wathen, City of Everett Building Division Chief Inspector Ted de Budden, City of Everett Plans Examiner Jeff Heilman and property manager Shellie, conducted an inspection of the subject property on May 10, 2017. While on site, Officer Wathen observed and photographed that a dwelling unit had been created in the basement of the main residential structure. The basement unit was marked as 4212 B and the upper unit was designated as 4212 A. A smaller residential structure located on the rear portion of the subject property was designated as 4212 V2. An inspection of this unit showed that work had been completed inside the unit that would require electrical, mechanical and plumbing permits. Upon research of City permit records, Officer Wathen determined that permits had not been issued for the basement dwelling unit (4212 B) or for alterations to the electrical, mechanical and plumbing systems in unit (421211Y2). Chief Inspector de Budden posted an unlawful structure placard on both structures. (Exhibit #1 b-Ip, Inspection Photos, dated May 10, 2017) (Testimony of Code Enforcement Officer Fagerstrom) On May 12, 2017, Officer Wathen informed the Respondent and the property manager that both residential structures located on the subject property were unlawful due to unpermitted construction and alterations conducted inside. Additionally, an accidental cooking fire had occurred in the kitchen of unit (4212 )B. (Exhibit 45, Email from Spring Wathen, dated May 12, 2017) Exhibit #7, Email from Steve Goforth, dated May 19, 2017 with photo) (Testimony of Code Enforcement Officer Fagerstrom) 4. On May 17, 2017, the Respondent contacted Chief Inspector de Budden and informed him that he planned on flying from New York to Washington to resolve any compliance issues on the subject property. Mr. Boyce requested that Mr. de Budden be made available to conduct an inspection of the subject property with him on June 13, 2017. Chief Inspector de Budden advised the Respondent to contact a local contractor to begin the permitting process. (Exhibit 46, Email from Dr. Yuel Boyce, dated May 17, 2017) (Testimony of Code Enforcement Officer Fagerstrom) 5. On May 30, 2017, the Respondent informed Chief Inspector de Budden that the basement unit (4212 B) would be vacated by June 3, 2017. (Exhibit #8, Email from Dr. Yuel Boyce, dated May 30, 2017) (Testimony of Code Enforcement Officer Fagerstrom) z Spring Wathen is no longer employed by the City of Everett.