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Description of Date(s): 5/15/2023 <br /> Violation and codes <br /> violated: (Notice(s) of A Corrective Action notice was issued on 5/17/2023 with a <br /> Violation and/or other compliance date of 6/17/2023. <br /> enforcement <br /> document(s) issued are EMC Provision(s)Violated: <br /> attached to this <br /> Agreement) The presence of the fencing in the front yard within the public right-of-way <br /> exceeding height of 42 inches and installed without the required permits is <br /> a violation of Everett Municipal Code(EMC) 19.40.010, EMC 19.40.030, <br /> and EMC 13.16.020,which reads: <br /> EMC 19.40.010, Fence height and location. <br /> A. Residential Zones—Fence Height and Setbacks. Fences shall not exceed a <br /> height of: <br /> 1. Forty-two inches within the front setback or the abutting right-of-way. <br /> 2. Six feet within the street side setback or the abutting right-of-way. <br /> 3. Seven feet within the interior side or rear setbacks. <br /> 4. Exceptions. <br /> a. Fences within the front setback or the abutting right-of-way may be up <br /> to six feet in height if the fence is at least ten feet from the sidewalk, is at <br /> least seventy percent transparent from three feet to six feet, and is not <br /> chain link or other type of similar material. If no sidewalk exists, the <br /> minimum distance required is determined by the city engineer. <br /> b. For corner lots or double fronting lots, the front and street side or rear <br /> fence heights can be switched if the front of the house faces the street side <br /> or rear. <br /> c. Arbors.Arbors may exceed the maximum fence height within the front <br /> setback for a distance of up to twenty percent of the lot frontage on the <br /> street,provided the height of the arbor does not exceed eight feet. <br /> d. Where a structure has a nonconforming front setback, a fence along the <br /> street facing facade line is not required to comply with the fence height <br /> limitation for the front setback. <br /> e. Conditional Uses. For development subject to the conditional use process, <br /> fences may deviate from the standards in this section as approved by the <br /> review authority. <br /> EMC 19.40.030, Fences within public right-of-way <br /> A. A permit from the public works department must be obtained prior to <br /> placement of any fence within the city right-of-way. <br /> B. Fencing for sidewalk cafes shall be reviewed and approved by the city <br /> engineer and planning director. <br /> C. Setback for Fences Abutting a Public Sidewalk. No fence, if located within <br /> the public right-of-way,shall be located closer than two feet from any public <br /> sidewalk. <br /> D. Fences located near fire hydrants, water mains and other infrastructure <br /> Page 2 of 7 <br />