2012/05/23 Council Agenda Packet

8. At the November 17, 2011 hearing, the Respondents were given an opportunity to develop a plan or schedule for abatement and to present it at the December 1, 2011 hearing. (Testimony of Code Enforcement Officer Wathen) 9. Code Officer Wathen inspected the property on November 23, 2011 and observed that the conditions remained the same. Code Officer Wathen provided the tenants with a list of agencies within Snohomish County that may be of assistance with regard to energy assistance, financial assistance, emergency housing and the food bank. (Testimony of Code Enforcement Officer Wathen) 10. Code Officer Wathen returned to the property on November 28, 2011 and observed and photographed minor changes in the conditions of the property. The garbage was removed from the back porch and the door to the shed was closed. Code Officer Wathen spoke with the Respondent, Andrew Turnbull at the residence and was told that progress with cleanup of the property was slow due to the rain. (Exhibit#11 a-11I, Inspection Photos dated November 28, 2011) (Testimony of Code Enforcement Officer Wathen) 11. At the December 1, 2011 hearing, the Respondents; Jillian Elizabeth Turnbull and Andrew Scott Turnbull testified that due to hardship conditions they are unable to remove the garbage from the property or cut the overgrown grass. Respondent Donald S. Turnbull was not present at the hearing or at previous hearings. Also, at the December 1, 2011 hearing a question was raised of whether due process concerns would preclude an order against the absent property owner. It was determined by the City Attorney's Office that due process would not preclude such an order in the circumstance, however requested the hearing continued to December 29, 2011. (Exhibit#15, Letter from Colin Olivers to Violations Hearing Examiner dated December 1, 2011) (Testimony of Code Enforcement Officer Wathen) 12. Code Officer Wathen continued her research of public records in an attempt to locate a current mailing address for the Respondent and property owner, Donald S. Turnbull. A current address and phone number was located for the Respondent by accessing CAD (Computer Aided Dispatch). (Testimony of Code Enforcement Officer Wathen) 13. On December 8, 2011 Code Officer Wathen called the telephone number and left the Respondent a voice message explaining the reason for the call, the conditions observed on the property and requested he contact the Code Enforcement Unit. (Testimony of Code Enforcement Officer Wathen) 14. On December 9, 2011 a letter was sent to the Respondent via certified mail return receipt and first class mail. The letter advised the Respondent of the conditions observed on the property and outlined the dates and actions that have taken place to date. A copy of the violation citation dated October 12, 2011; Order of Continuance dated November 17, 2011; and Order of Continuance dated December 8 4