341 91ST PL SE 2018-01-02 MF Import

June 4, 1982 Jack Carton �„Y p, 341 - 91st Place S.E. Everett, WA 98204 everett UITY M.lL . /L6041 Re: Fireplace Construction 11111". WMNwo10 n�m Dear Mr. Carton: Coy ""°'e'Y 1 have discussed your problems concerning your fireplace with the Building Department. Based upon the discussion, It Is my understanding that there are supposedly cracks in the hearth and the facing above the top of the arch opening. The fireplace itself was constructed according to Code. But according to the Masonary Institute of Washington, the hearth and the facing are supported by the wood floor. The Institute also found that the cracks were "caused from heat and may be aggravated by the lack of proper support.' The City has on numerous occasions attempted to get Mr. Olson to rectify the problem. For one reason or another, Mr. Olson ties failed to take any corrective action. The way the Building Code is set up, the Clty is limited In the approach it can take In unilaterally resolving complaints such as yours. If the problem Is Identified prior to the time of final inspection, the City can refuse to sign off or allow occupancy until the problem is resolved. In this case, the condition was not observed In the course of the City's usual Inspection procedures. Once the structure is finalized and occupancy permitted, the City can cite the offender for a misdemeanor. In this case, your home has been finalized and it is occupied, leaving only the possibility of a misdemeanor citation; however, a citation must be issued within one year from the date the violation occurred. Since the building was finalized on June 21, 1979, the violation had to have occurred prior to that point in time. Therefore, more than one year has elalxsed precluding the issuance of a misdemeanor citation. The enclosed letter is being forwarded to Mr. Olson. Ilopefully he will respond by taking the necessary corrective action. In the event he does respond, you will be notified. In the event he does not, then it comes down to a matter between you and Mr. Olson. I suggest you contact your attorney concerning your remedies or perhaps file a claim against Mr. Olson in Small Claims Court (Snohomish County Courthouse - Third Floor) to recover the cost of repairing the defect. Very truly yours, JAMES D. ILES Assistant City Attorney eel Larry Callahan Doug Budden