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Resolution 7110
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Resolution 7110
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5/9/2017 10:16:30 AM
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Resolutions
Resolution Number
7110
Date
4/19/2017
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4 <br /> regarding the property. A representative for Financial Freedom informed Officer <br /> Cunningham that they definitely had an interest in securing the property however <br /> they were legally unable to perform any preservation on the property until the <br /> foreclosure sale is completed. According to the Washington Supreme Court Ruling, <br /> securing a property before foreclosure sale is completed constitutes "taking <br /> possession of the property" and is a violation of the Washington State Law RCW <br /> 7.28.30. (Exhibit#12, Email from Don Cunningham dated November 18, 2016) <br /> (Exhibit#13, Email from Don Cunningham dated November 21, 2016) (Exhibit#14, <br /> Email from Don Cunningham dated November 22, 2016) (Exhibit#15, Email from <br /> Financial Freedom dated November 22, 2016) (Testimony of Code Enforcement <br /> Officer Cunningham) <br /> 8. On December 13, 2016, Officer Cunningham reinspected the property and <br /> observed and photographed that the two structures remained unsecured and open <br /> to trespass, discarded items and overgrown vegetation remained in the yards in <br /> public view and two vehicles with expired license tabs were parked in the yards on <br /> site. (Exhibit#1a-1f, Pre-Hearing Inspection Photos dated December 13, 2016) <br /> (Testimony of Code Enforcement Officer Cunningham) <br /> 9. The City provided the Respondent with an opportunity to correct the conditions that <br /> were in violation of sections of the EMC, provided a corrective action date of <br /> December 8, 2016 and provided notice of the date, time and place of this hearing. <br /> The Respondent failed to appear at the hearing. <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 Everett Municipal Code (EMC) provisions that <br /> identify Chapter 1.20 EMC for enforcement, the Violations Hearing Examiner of the City <br /> of Everett has jurisdictional authority to hold the hearing and issue the decision. EMC <br /> §1.20.020 <br /> Applicable Law: <br /> 1. IPMC 106.1 Unlawful Acts, which reads: <br /> It shall be unlawful for a person, firm or corporation to be in conflict with or in <br /> violation of any of the provisions of this code. <br /> 2. IPMC 108.1.3 Structure unfit for human occupancy, which reads: <br /> A structure is unfit for human occupancy whenever the code official finds that such <br /> structure is unsafe, unlawful or, because of the degree to which the structure is in <br /> disrepair or lacks maintenance, is insanitary, vermin or rat infested, contains filth <br /> and contamination, or lacks ventilation, illumination, sanitary or heating facilities or <br />
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