Resolution 5459 - Laserfiche WebLink

FINDINGS AND DECISION OF THE HEARING EXAMINER OF THE CITY OF EVERETT IN THE MATTER OF THE APPEAL OF JOHN A. & PAMELA E. ARENDT VIOLATION #93-99 2210 — 49th STREET SE, EVERETT AMENDED ORDER Background On January 28, 2000, the Everett Code Compliance Hearing Examiner issued an Order to John A. and Pamela E. Arendt (Appellants) denying an appeal of a City of Everett Code Compliance Violation Citation, and, imposed conditions for abatement of the violation. The violation occurred on property at 2210 - 49th Street SE, Everett, Washington (subject property). Condition #4 required a planting plan for the south slope and stream buffer of Bigelow Creek where it traverses the property.' Condition #5 required an implementation of the planting plan approved by the City.2 Condition #7 required that all cleanup and abatement be completed by May 15, 2000.3 No work was done implementing the plan or improving the steep slope_ On May 5, 2000, prior to the May 15, 2000 deadline, the Appellant submitted a request for an extension. On May 15, 2000, the Appellant submitted a handwritten planting plan, but the plan was not approved by the City. On May 25, 2000, a hearing was held by the Everett Hearing Examiner on the Appellants' request for an extension for the submittal of the planting plan. At the hearing the following presented testimony and evidence: Richard Cottage, Code Compliance Department Jim Hanson, Code Compliance Department Bob Landles, Planning Department Condition #4 - John A. and Pamela E. Arendt shall prepare an approved planting plan for the south steep slope and stream buffer of Bigelow Creek. The plan shall be similar to the August 13, 1999, Wetland Resources Plan for the north slope. The plan shall be submitted to the City for approval. 2 Condition #5 - John A. and Pamela E. Arendt shall be required to implement the approved planting plan for the south slope, The plan and the implementation shall include stabilizing the steep slope above the buffer with approved groundcover. 3 Condition #7 - All cleanup and abatement of the violations, including the submittal of the planting plan and the implementation of the plan, shall be completed by May 15, 2000.