2510 ROCKEFELLER AVE 2016-01-01 MF Import

1 2 3 4 5 6 % 8 9 10 11 12 13 14 15 16 17 18 19 20 21 .22 23 24 25 26 III. CONCLUSIONS 3.1 Nuisance Per Se. The operation and maintenance oE defendant's shake operation is in violation of the City of Everett Zoning Code and, cherefore, constitutes a nuisance pec se. The location and occupancy of the trailer on defendant's property is in violution of the City of Evetett's Zoning Code and the City of Evecett's Mobile Home Ordinance and, therefore, constitute a nuisance pec se. 3.2 Public Nuisance. The shake oQeration activities and the occupancy of a trailec on defendant's property adversely affect equally the rights of the entire community or neighborhood, thereby constituting a common law public nuisance. In addition, these activities fall within RCW 7.48 and EMC 8.24, therefore constituting a statutory public nuisance. 3.3 Violation of Zoning Code and Mobile Home Ordinance. Defendant's shake opecation and trailer occupancy at 2510 RockeEeller constitute a violation of the Zoning Code of the City of Evecett and the City of Everett Mobile Home Ordinance. , 3.4 Immediate Irrepacable Injury, plaintiff fears that if De:endants are not enjoined fcom these ac:ivities, the City and the neighbors will suffer permanent, icreparable injury. 3.5 Inadequate Remedy. The�e is no plain, adequate and speedy remedy at law available to Plaintiff and Plaintiff is suffering and will continue to suffec icreparable damages unless Defendants are restrained fzom illegally using the property at 2510 Rockefeller for the uses described herein. IV. JUDGMENT On the basis of the foregoing, IT IS HERE6Y ORDERED, ADJUDGED and DECREED that the P.laintiff's Amended Complaint in this cause is granted as follows: 4.1 The Defendant's shake operation constitutes a violation of the City of Everett Zoning Code. Findings of Fact, Conc'usions of Law and Judgment - 3 OFFtCE OF THE CTTY ATTORNEY CITY OF F.VERE7T JOD2 Wetmore Evcrett, 1Vashin¢ton 99=01