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

13. Chief Inspector de Budden reviewed the microfiche and found that an electrical permit had been issued in 1986 for a single-family residence. He further stated that historical records showed that a commercial space on the ground level unit (4212 A) as a "spa" had been permitted. The documentation offered by the Respondent showed only partial permits had been issued for work conducted on the subject property and the information was found inconclusive regarding what exactly had been permitted on -site. The historical records do not show that the basement dwelling unit had ever been a permitted use. (Testimony of Chief Inspector de Budden) 14. Officer Fagerstrom testified at the hearing that the current owner is responsible for the condition of the subject property. The City of Everett requires additional parking would be required to accommodate a duplex unit in building (4212 A) and for the rear unit. In order for 4121A to contain a duplex, there would have to be four on -site parking stalls available. Officer Fagerstrom doubts that four parking stalls can be accommodated on -site. ('Testimony of Code Enforcement Officer Fagerstrom) 15, The City provided the Respondent with an opportunity to correct the conditions that were in violation of sections of the EMC and provided notice of the date, time and place of this hearing. The Respondent appeared at the hearing. Based on the above findings of fact, the Violations Hearing Examiner enters the following conclusions: CONCLUSIONS OF LAW Jurisdiction: Pursuant to EMC Chapter 1.20 or any Everett Municipal Code provisions that identify EMC Chapter 1.20 for enforcement, the Violations Hearing Examiner of the City of Everett has jurisdictional authority to hold this hearing and to issue the decision. EMC 1.20.020. Applicable Law: 1. IPMC 106.1 Unlawful acts, which reads: It shall be unlawful for a person, firm or corporation to be in conflict with or in violation of any of the provisions of this code. 2. IPMC 108.1.4 Unlawful Structure, which reads: An unlawful structure is one found in whole or in part to be occupied by more persons than permitted under this code, or was erected, altered or occupied contrary to law. 3. IRC R105.1 Permit required, which reads: Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing 4I�