1929 VIRGINIA AVE 2023-10-23 - Laserfiche WebLink

• • Exhibit 13 Exhibit List,dated October 22, 2020 Based on review of the 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. Pennystone Properties LLC (Respondent) is the owner of property at 1929 Virginia Avenue, Everett, Washington(subject property), which is in an R-2, Single-Family Medium Density • Residential zone. Lyn Nuygen is the registered agent for Pennystone Properties LLC. (Exhibit #8, Washington Secretary of State Business Information, dated September 16, 2020) (Exhibit#11, Snohomish County Assessor's record, dated October 7, 2020) (Exhibit#12, Go Sync Map) 2. On September 12, 2019, an Order was issued by the City of Everett Violations Hearing Examiner case#CE18-0570 for construction alterations conducted on a single-family residential structure, to include conversion of a basement into a dwelling unit and creation of an additional bedroom and bathroom in the attic space, without required City permits. The Order required that the owner apply for City permits to bring the structure into compliance with City ordinances,that the entire structure remain vacant and secured until occupancy was approved. The owner never applied for or obtained the required City permits for the construction alterations and the property was sold to the Respondent in January 2020. (Exhibit#6a-6h, Inspection Photos, dated May 7, 2019) (Exhibit #7, Final Findings of Fact, Conclusions of Law and Order of the Hearing Examiner Case CE18-0570, dated September 12, 2019) (Exhibit#9, TRAKIT Permit History Screen Print) (Testimony of Code Enforcement Officer Cunningham) 3. While conducting an inspection on the subject property on September 17, 2020 for compliance to the September 12, 2019 Order, City of Everett Code Enforcement Officer Don Cunningham observed and photographed that the property was listed for sale. A real estate flyer posted on site depicted the previous unpermitted alterations and additional alterations made to the basement level. Upon research of City records, Officer Cunningham determined that neither the previous owner nor the current owner had applied for or obtained required City permits for the construction alterations. (Exhibit#1m-I n, Inspection Photos, dated September 12, 2020) (Exhibit#5, Real Estate Flyer) (Exhibit #9, TRAKIT Permit History Screen Print) (Testimony of Code Enforcement Officer Cunningham) 4. On September 21,2020, the City issued a violation citation to the Respondent for violations of: International Property Maintenance Code (IPMC) 106.1 Unlawful Acts as adopted by EMC 16.005.010; IPMC 108.1.3 Structure Unfit for Human Occupancy as adopted by EMC 16.005.010; IPMC 108.1.4 Unlawful Structure as adopted by EMC 16.005.010; and International Residential Code(IRC)R105.1 Permit Required as adopted by EMC 16.005.010. Copies of the violation citation were sent via first class and certified mail to the Respondent's last known address, which Officer Cunningham obtained from Snohomish - County Assessor's record. A copy of the citation was posted on the subject property. (Exhibit #3, Violation Citation, dated September 21, 2020 with mail receipts) (Exhibit #4, 2 (40