8208 FLORIDA DR 2024-02-26 - Laserfiche WebLink

• • 5. On October 20,2021, City of Everett GIS/Programnier Analyst Erika Spencer noticed that alterations to the wetland area on the subject property had been conducted,including the construction,of paved areas and accessory buildings. LiDAR views of the property appear to show encroachment onto the City owned wetland west of the subject property boundary. The matter was referred to the Code Enforcement unit for enforcement action. (Exhibit#8, Email from Erika Spencer, dated October 20, 2021) (Testimony of Code Enforcement Officer Cunningham) 6. In response to her complaint of intrusion into a critical/wetland area, City of Everett Code Enforcement Officer Don Cunningham conducted an inspection of the subject property on October 25, 2021. While on site, Officer Cunningham observed and photographed that nearly the entire western portion of the rear yard extended into the critical/wetland area with accessory structures, a boat, and equipment storage. The landscaping had been altered to accommodate the items and water was visible at the edge of the wooded area. The owner's husband told Officer Cunningham that he was unaware of the critical area boundary and the property line-location. (Exhibit#1 e-1 n, Inspection Photos, dated October 25, 2021) (Testimony of Code Enforcement Officer Cunningham) 7. On October 26,2021,the City issued a violation citation to the Respondent for violations of: Everett Municipal Code(BMC) 19.37.010 User Guide;EMC 19.37.030 (A) and(B) Applicability;and EMC 19.37.040 (B)(D) and(E) Critical Area Features. 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 violation citation was personally delivered to the Respondent on October 28, 2021. Each method of service used is independently sufficient to provide notice pursuant to EMC 1.20.010.C.1. (Exhibit#3, Violation Citation, dated October 26, 2021, with unclaimed mail receipts) (Exhibit#4, Declaration of Service, dated October 28, 2021) (Testimony of Code Enforcement Officer Cunningham) 8. While delivering the citation to the Respondent, Officer Cunningham observed and photographed that most of the items previously in the critical/wetland area had been removed and placed back within the apparent bounds of the subject property. (Exhibit#1a 1 d, Inspection Photos, dated October 28, 2021) (Testimony of Code Enforcement Officer Cunningham)` 9. On December 30,2021, 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 January 13,2022 at 9:00 am. (Exhibit#9,Notice of Virtual Hearing, dated December 30, 2021 with mail receipts and attachment) (Testimony of Code Enforcement Officer Cunningham) 10. 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. 3, 1I-1