1929 VIRGINIA AVE 2023-10-23 - Laserfiche WebLink

Declaration of Service, dated September 21, 2020 with photo) (Testimony of Code Enforcement Officer Cunningham) 5. On September 28, 2020, Officer Cunningham conducted an inspection of the subject property with the Respondent and Real Estate Agent. While on site, Officer Cunningham observed and photographed that a new gas furnace and water heater had been installed in the • basement level,the stairs to the basement level and the attic level had been remodeled,the • attic bathroom had been expanded, and new lighting had been installed in the attic bathroom and kitchen. These alterations had been implemented by the Respondent. The Respondent • had not applied for or obtained required City permits for these alterations. Officer Cunningham further noted that the ceiling heights in the attic and basement levels did not meet the required head height of 84 inches as required by code. (Exhibit##1a-Il, Inspection Photos, dated September 28, 2020) (Exhibit #9, TRAKIT Permit History Screen Print) (Testimony of Code Enforcement Officer Cunningham) • 6. On October 12, 2020, a notice of virtual hearing was sent via first class and certified mail to • the Respondent setting this matter in front of the Violations Hearing Examiner via a virtual hearing on October 22, 2020 at 3:00 pm. (Exhibit#10, Notice of Virtual Hearing, dated October 12, 2020 with unclaimed mail receipts and attachments) (Testimony of Code Enforcement Officer Cunningham) 7. The City provided the Respondent with an opportunity to correct the conditions that were in violation of sections of the EMC,provided a corrective action date of April 22, 2021 to obtain required permits, and provided notice of the date,time and place of this hearing. The registered agent for the Respondent, appeared at the hearing. 8. Lyn Nuygen, registered agent for the Respondent,testified that she purchased the property in January of 2020. It had originally been listed with the MLS with a finished basement, and she was unaware that alterations had been made without permits until she received the violation citation. The Respondent began construction alterations soon after purchase, but the work was interrupted due to COVID 19 complications. Ms.Nuygen stated that as soon as she was made aware of a previous Hearing Examiner Order on the subject property, she immediately contacted her architect to draw up plans and permit applications to remedy all unpermitted alterations conducted to the property. (Testimony of Lyn Nuygen) • • 9. Officer Cunningham testified at the hearing that he is unaware of any outreach program that • the City might offer to alert contractors of the City's requirements for permits or the permit. process. Officer Cunningham informed Ms. Nuygen that there is a several week time lag between submission of an application and the review of the application by a plans examiner, and also informed her,in case of future purchases, that information on the Assessor's page can frequently provide clues to potential work done without permits if it differs from the current condition of a given property. (Testimony of Code Enforcement Officer Cunningham) Based on the above findings of fact,the Violations Hearing Examiner enters the following conclusions: 3