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

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 system, the installation of which is regulated by this code, or cause any such work to be done, shall first make application to the building official and obtain the required permit. Supporting Applicable Law: 1. IPMC 108.1.4 Unlawful Structure,which reads: An unlawful structure is one found in lvhole or in part to be occupied by more persons than permitted under this code, or was erected, altered or occupied contrary to law. 2. IPMC 108.1.3 Structure unfit for human occupancy,which reads: A structure is unfit for human occupancy whenever the code official finds that such structure is unsafe, unlawful or, because of the degree to which the structure is in disrepair or lacks maintenance, is insanitary, vermin or rat infested, contains filth and contamination, or lacks ventilation, illumination, sanitary or heating facilities or other essential equipment required by this code, or because the location of the structure constitutes a hazard to the occupants of the structure or to the public. Conclusions of Law Based on Above Findings: 1. The unpermitted construction alterations conducted within the basement of the residential structure and the attached garage located on the subject property,renders the structures unfit for human habitation and unlawful as defined by IPMC 108.1.3 and IPMC 108.1.4 and in violation of IPMC 106.1. The record demonstrates said City ordinance was violated. 2. Construction activity conducted on a property within the City of Everett without a City permit is a violation of IRC R105.1. The record demonstrates said City ordinance was violated. 3. The use of non-habitable spaces for sleeping purposes, such as the family area located in the basement, is a violation of IPMC 404.4.4. The record demonstrates said City ordinance was violated. 4. The date,time, and place of this hearing'were provided in the violation citation. The Respondent received proper notice of this matter. The Respondent [appeared/failed to appear] at this hearing and has not stipulated with the City to any other resolution of this matter. Therefore,the Respondent is in default. ORDER Based on the findings of fact and conclusions of law stated above, it is hereby determined that the Respondent is in default and allowed violations of IPMC 106.1,IPMC 404.4.4 and IRC R105.1 on the subject property and is hereby ordered to: 5 ri