Resolution 7111 - Laserfiche WebLink

2 Based upon a review of the administrative hearing record, the following Findings of Fact and Conclusions of Law hereby constitute the basis of the decision of the Everett Violations Hearing Examiner. FINDINGS OF FACT 1. Estate of Edward J. Totty, Respondent, is the owner of record of property at 522 — 94th Street SW, Everett, Washington (property) that is in an R-1, Single Family Detached Low Density Residential zone as established by the City of Everett. Edward J. Totty is deceased. The property abuts Challenger Elementary School. (Exhibit#7, Email from John Zeka dated January 3, 2017) (Exhibit#8, Snohomish County Assessors Record dated January 10, 2017) (Exhibit#9, Go Sync Maps) 2. On October 30, 2016, City of Everett Police Officers responded to the property for a report of a suspicious male leaving the property through a hole in a fence. Upon arrival at the property, Police Officers detained Paul Hutton, the suspicious male, who stated that he had been living in the residential structure for five days. He stated that there was a dead body inside the residential structure. (Exhibit#5, Email from Tim Collings dated October 30, 2016) (Testimony of Code Enforcement Officer Fagerstrom) 3. On November 2, 2016, City of Everett Code Enforcement Officer Kevin Fagerstrom conducted an inspection of the property and observed a vacant residential structure and garage on site. Both structures were unsecured and open to trespass. An Order of the City of Everett Code Official was sent via first class and certified mail to the Respondent instructing the Respondent to secure the structures from unauthorized entry by November 4, 2016, no later than 4:00 pm. The structure was subsequently boarded by the City pursuant to the Order. (Exhibit#6, Order of the City of Everett Code Official dated November 2, 2016 with unclaimed mail receipts) (Testimony of Code Enforcement Officer Fagerstrom) 4. On November 4, 2016, Officer Fagerstrom reinspected the property and observed and photographed overgrown blackberry vines and vegetation in the yards that exceeded the maximum 12 inch height allowed by code. Such violations are annoyances and disrupt and injure the comfort, repose, health and safety of others. The entire community is affected by the activity. The City had obtained services from a contractor to secure the structures on the property from unauthorized entry. (Exhibit#1e-1j, Inspection Photos dated November 4, 2016) (Testimony of Code Enforcement Officer Fagerstrom) 5. On January 4, 2017, the City issued a violation citation to the Respondent for violations of International Property Maintenance Code (IPMC) 108.1.5(7) Dangerous Structure or Premises as adopted by EMC 16.005.010; IPMC 106.1 Unlawful Acts as adopted by EMC 16.005.010 and Everett Municipal Code (EMC) 8.20.020(E) Nuisances. Copies were mailed to the Respondent via first class and certified mail to the Respondents last known address which Officer Fagerstrom obtained from Snohomish County Assessors Record. A copy was posted at the