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i <br /> 4. On September 13,2022,the Respondents informed Officer Cunningham that they had <br /> contacted a contractor to assist them with plans and submission of a building permit <br /> application to the city. (Testimony of Code Enforcement Officer Cunningham) Their <br /> contractor attended the virtual hearing. <br /> 5. On September 23, 2022, Officer Cunningham with City of Everett Building Inspector <br /> Rakeeb Khan and City of Everett Plans Examiner Ryan Hammer conducted an inspection of <br /> the subject property. While on site, Officer Cunningham observed and photographed that <br /> the basement area had been finished to create a recreation room, two bedrooms, and a <br /> bathroom;the ceiling height did not meet the minimum height requirements of seven feet; <br /> one of the bedrooms lacked required egress windows; the building thermal envelope lacked <br /> required insulation; and multiple locations throughout the structure lacked the required <br /> fireproofing to resist the free passage of fire at openings around pipes and wires. Upon <br /> review of City records, Officer Cunningham noted that the Respondents had applied for an <br /> electrical permit(E2205-228)on May 26,2022 to extend electrical power to a detached <br /> gazebo but no permits had been applied for or obtained for the alterations made to the SFR. <br /> (Exhibit#1 a-I z, Inspection Photos, dated September 23, 2022) (Exhibit#9, ComDev Permit <br /> History Screen Print) (Exhibit #10, Email from Rakeeb Khan, dated September 28, 2022) <br /> (Testimony of Code Enforcement Officer Cunningham) <br /> 6. On October 21,2022, a notice of virtual hearing was sent via first class and certified mail to <br /> the Respondents setting this matter in front of the Violations Hearing Examiner via a virtual <br /> hearing on November 3,2022 at 10:00 am. (Exhibit#11, Notice of Virtual Hearing, dated <br /> October 21, 2022 with unclaimed mail receipts and attachment) (Testimony of Code <br /> Enforcement Off cer Cunningham) <br /> 7. The City provided the Respondents with an opportunity to correct the conditions that were <br /> in violation of sections of the EMC,provided a corrective action date of November 6, 2023 <br /> to apply for and obtain all required city permits,and provided notice of the date,time, and <br /> place of this hearing. Respondent Elvia Nicasio appeared at the hearing. <br /> 8. Elvia Nicasio testified at the hearing that they purchased the property in 2015 and upon the <br /> initial tour of the property they discovered two bedrooms and a bathroom in the basement. <br /> They were unaware that the basement was finished without permits. In 2020 they had <br /> constructed a gazebo in the backyard and had installed electricity in it. After the code unit <br /> received a complaint on the gazebo,they applied for a permit for the electrical system <br /> installed in the gazebo but the city never completed a final inspection. They have hired a <br /> contractor to bring the property into compliance, who was present at the hearing to <br /> understand the requirements. Ms.Nicasio had questions concerning the permitting process <br /> and asked for guidance. (Testimony of Elvia Nicasio) <br /> 9. Officer Cunningham testified at the hearing that when Mr. Juarez Nicasio initially applied <br /> for an electrical permit for an exterior gazebo,the permit staff realized that the residential <br /> structure had been altered without prior approvals or permits. Officer Cunningham referred <br /> Ms.Nicasio to contact the city permit counter for answers to permitting questions. A <br /> building permit will need to be approved prior to any other permits being issued to ring the <br /> 9I15 3 <br />