Resolution 7111 - Laserfiche WebLink

3 property. Each method of service used is independently sufficient to provide notice pursuant to EMC 1.20.010.C.1. (Exhibit#3, Violation Citation dated January 4, 2017 with unclaimed mail receipts) (Exhibit#4, Declaration of Service dated January 4, 2017 with photo)(Testimony of Code Enforcement Officer Fagerstrom) 6. On January 4, 2017, Officer Fagerstrom reinspected the property and observed and photographed that the residential structure and garage was only partially secured from trespass. The overgrown vegetation and blackberry vines remained in public view on the property. (Exhibit#1a-1d, Inspection Photos dated January 4, 2017) (Testimony of Code Enforcement Officer Fagerstrom) 7. Despite the City boarding the structure, the structure has been burglarized at least seven times. The blackberry vines and relative isolation of the property contribute to individuals removing the boarding to access the structure. For the same reasons, the property is an attraction to curious children. (Testimony of Code Enforcement Officer Fagerstrom) 8. Upon motion by the City, the Estate of Edward J. Totty, was added as the Respondent in this matter. It was determined based on the unique circumstances of this case and the efforts of the City to find heirs of the deceased the state shall be part of this action and it is determined that adequate notice or the equivalent thereof has been given to the estate. 9. The City provided the Respondent with an opportunity to correct the conditions that were in violation of sections of the EMC, provided a corrective action date of January 9, 2017 and provided notice of the date, time and place of this hearing. The Respondent failed to appear at the hearing. Based on the above Findings of Fact, the Violations Hearing Examiner enters the following Conclusions: CONCLUSIONS OF LAW Jurisdiction: Pursuant to Chapter 1.20 EMC or any Everett Municipal Code (EMC) provisions that identify Chapter 1.20 EMC for enforcement, the Violations Hearing Examiner of the City of Everett has jurisdictional authority to hold the hearing and issue the decision. EMC §1.20.020 Applicable Law: 1. IPMC 106.1 Unlawful Acts, which reads: It shall be unlawful for a person, firm or corporation to be in conflict with or in violation of any of the provisions of this code. e. 2. IPMC 108.1.5(7) Dangerous Structure or Premises, which reads: