8411 E XAVIER WAY 2023-10-16 - Laserfiche WebLink

• Notice of Condemnation, dated February 18, 2020 with mail receipts) (Testimony of Code Enforcement Officer Hinkley) 1.1. On March 4,2020, Officer Hinkley determined that the Respondent had not applied for or _ obtained the required City permits to bring the residential structure into compliance with City ordinances. (Testimony of Code Enforcement Officer Hinkley) 12. The City provided the Respondent with an opportunity to correct the conditions that were in violation of sections of the EMC provided notice of the date,time, and place of this hearing. The Respondent failed to appear at the hearing. 13. Officer Hinkley testified at the hearing that the residential structure remains occupied but all four tenants are aware they need to vacate by March 18,2020. (Testimony of Code Enforcement Officer Hinkley) 14. Chief Inspector de Budden testified at the hearing that as a building inspector,he inspected the newly constructed structure in 1996 and observed that the unfinished basement had drywall installed and according to submitted plans it was to remain as an unfinished area. Upon review of Snohomish County records, a photograph of the residential structure shows a garage door on the attached garage and the square footage of the basement was listed as 0 • square footage. Current Google Earth photographs show that the garage door has been removed. Inspector de Budden is concerned that the electrical and mechanical alterations made to the structure would be unsafe because the work had not been inspected or approved by the City of Everett Building Division. This process would have been completed had required permits been obtained prior to work. (Testimony of Ted de Budden) 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. AppIi.cable 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 404.4.4 Prohibited Occupancy,which reads: • Kitchens and nonhabitable spaces shall not be used for sleeping proposes. 4��