3210 HEWITT AVE 2016-01-01 MF Import

HEAR/NG IN THE MATTER OF THE APPEAL OF SCOTT SWOBODA OF AN ADMIiJISTRATIVE DECISION EXAM/NE/� ORDER APPEAL #11-002 Having reviewed the attached Stipulation between the City and the Appellant, the pleadings, and other documents on file in this malter, the Hearing Examiner does hereby Order: No later lhan 60 days from the dale of this Order, the Appellant shall submit to the Building O�cial informaHon suHicient to demonstrate that the sign and supporting structure pose no risk to public safety. The Building Offiaal shall either approve the application as submitted or approve the application conditioned upon structural modifications that, in the judgment of the Building Official, are necessary to protect public safety and to bring the sWcture into compliance wilh applicable building and sign code structural and sa(ety requirements. No later Ihan 60 days from receipt of the Building Official's determinaGon, the Appellant shall either modify the sign to conform to the application, induding any modifications ordered by the Building Official, or remove the sign and supporting structure. 3. The sign Ihat has been the subject of this en(orcement action and its supporting structure mus� be removed by the earifest of the following evenis: the da!e specdled in paragraph 3 of the Slipulation, if the Appellant Necls to remove rather than modify the sign; or, the date required by the occurrence of any of the evenls identified in Everett Municipal Code 19.36.200; or, ten years from the date o( this Order. During ihe time Ihe sign is allowed to be in place under this agreement, the City will not bring an enforcement action alleging the sign violates lhe sign code; provided, the sign musl be maintained so it does nol endanger public safety. No later than 30 days (rom the date ot this Order, the Appellant shall record with the Snohomish County Auditor a covenant, in a form acceptable to the Planning Director, which names lhe City of Everelt as grantee and requires removal of the subjecl sign no later than the date speci(ied in paragraph 3 cf the Stipulation. The covenant shall run �vith ihe land and bind the Appellant's successors. CI I Y UI= EVENLI t � 7'.f:'.n Wetmore Ave �. :�:u�!� ;{� "• I_vcrr,t, W!1 s�Ei; Ut-AOnq .(425) 257 tf771 • Fax (425) 257-8628 �