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15.On July 13, 2012, City of Everett Code Enforcement Officer Fagerstrom conducted <br /> an inspection of the property and observed and photographed graffiti, cracked and <br /> peeling paint, and failing structural conditions of the buildings on site as well as <br /> overgrown vegetation. He posted the structure as being condemned. (Exhibit#9a- <br /> 1n, Inspection Photos dated July 13, 2012) (Exhibit#6, Condemnation Notice dated <br /> July 13, 2012) (Testimony of Code Enforcement Officer Fagerstrom) <br /> 16.On July 13, 2012 a violation citation was issued to the new owner-the <br /> Respondents. The Respondents were notified via certified mail return receipt, first <br /> class mail and posting the property that the conditions observed violated <br /> EMC§8.20.020 (E) and EMC §8.20.020 (F). The violation citation further advised <br /> that the vacant and deteriorated structure located on the property was in violation of <br /> the International Property Maintenance Code (IPMC) sections 108.1.5 (7) and (11); <br /> IPMC 108.1.3; IPMC 108.1.5 (5) and IPMC 108.1.1; IPMC 304.1.1 (4); IPMC 304.1.1 <br /> (8); IPMC 304.7; IPMC 304.2; and IPMC 304.6. (Exhibit#3, Violation Citation dated <br /> July 13, 2012 with unclaimed mail receipts) (Exhibit#4, Declaration of Service dated <br /> July 13, 2012 with photo) <br /> 17.The structure on site is in a condition of dilapidation, deterioration, decay, faulty <br /> construction, the removal or movement of some portion of the ground necessary for <br /> the support, or for any other reason, is likely to partially or completely collapse, or <br /> some portion of the foundation or underpinning of the building or structure is likely to <br /> fail or give way. <br /> 18.The structure is neglected, damaged, dilapidated, unsecured or abandoned so as to <br /> become an attractive nuisance to children who might play in the building or structure <br /> to their danger, becomes a harbor for vagrants, criminals, or immoral persons, or <br /> enable persons to resort to the building or structure for committing a nuisance or an <br /> unlawful act. <br /> 19.The structure is unfit for human occupancy because it is unsafe, unlawful, or <br /> because of the degree to which the structure is in disrepair or lacks maintenance, <br /> constitutes a hazard to the occupants of the structure or to the public. The condition <br /> of the structure qualifies as an unsafe structure as defined in IPMC 108.1.1. <br /> 20.The Respondents were given the opportunity to correct the conditions and received <br /> adequate notice to appear at this hearing to contest the City's findings. <br /> Based on the above Findings of Fact, the Violations Hearing Examiner enters the <br /> following Conclusions: <br /> CONCLUSIONS OF LAW <br /> Jurisdiction: <br /> Pursuant to Chapter 1.20 EMC or any EMC provision that identifies Chapter 1.20 EMC <br /> for enforcement, the Violations Hearing Examiner of the City of Everett has jurisdictional <br /> authority to hold a hearing and to issue the decision. EMC §1.20.020 <br /> 4 <br />