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Resolution 7013
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Resolution 7013
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7/29/2016 11:28:54 AM
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7/29/2016 11:28:42 AM
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Resolutions
Resolution Number
7013
Date
7/27/2016
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2 <br /> Exhibit 11 Amended Notice of Condemnation dated October 13, 2014 with <br /> unclaimed mail receipts <br /> Exhibit 12 Declaration of Service dated October 14, 2014 with photos <br /> Exhibit 13 Email from Kevin Fagerstrom dated November 5, 2014 <br /> Exhibit 14 Email from Marcy Staats dated November 24, 2014 <br /> Exhibit 15 Snohomish County Assessors Record dated November 25, 2014 <br /> Exhibit 16 Go Sync Maps <br /> Exhibit 17 Exhibit List dated December 4, 2014 <br /> Based upon a review of the administrative hearing record, the following Findings of Fact <br /> and Conclusions of Law hereby constitute the basis of the decision of the Everett <br /> Violations Hearing Examiner. <br /> FINDINGS OF FACT <br /> 1. Shane E. Brend, Respondent, is the owner of record of the property at 1405 Hoyt <br /> Avenue, Everett, Washington (property). The property is in an R-2 Single Family <br /> Medium Density zone as established by the City of Everett. (Exhibit#15, <br /> Snohomish County Assessors Record dated November 25, 2014) (Exhibit#16, Go <br /> Sync Maps) <br /> 2. On December 5, 2013, twelve months prior to the hearing date on the instant <br /> violation, an Order was issued by the Everett Hearing Examiner that included <br /> findings that the Respondent had violated ordinances of the City of Everett on the <br /> property. Included in the Order was a requirement that the Respondent maintain <br /> the property free of nuisances including trash, garbage, litter and rubbish. The <br /> Order also required the Respondent to properly dispose of garbage on a weekly <br /> basis and that approved garbage containers with tight fitting lids were to be used to <br /> store garbage and refuse on the property. The Order established a fine of$500.00 <br /> of which $300 was suspended upon compliance with the Order. The amount of the <br /> fine due is unpaid and has been assigned to an agency for collection. (Exhibit#5, <br /> Final Findings of Fact, Conclusions of Law and Default Order of the Hearing <br /> Examiner Case #CE93-0747 dated December 5, 2013) (Testimony of Code <br /> Enforcement Officer Wathen) <br /> 3. On June 12, 2014, six (6) months prior to the hearing date for the instant violation, <br /> an Order issued by the Everett Hearing Examiner found the Respondent had again <br /> violated a nuisance ordinance of the City of Everett on the property. The Order <br /> required the Respondent to either properly store or remove and properly dispose of <br /> all bagged garbage, household items and personal items discarded on the property <br /> and to maintain the property in a clean, safe, secure and sanitary condition. The <br /> Order further required that the Respondent immediately remove all occupants of <br /> any unpermitted dwelling unit on the property. The Order established a fine of <br /> $500.00 for violation of EMC 8.20.020(A). The unpaid fine of the June 12, 2014 <br /> Order has been assigned to an agency for collection. (Exhibit#6, Final Findings of <br /> Fact, Conclusions of Law and Default Order of the Hearing Examiner Case #CE94- <br /> 0210 dated June 12, 2014) (Testimony of Code Enforcement Officer Wathen <br />
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