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1 <br /> 1, 2011, for a hearing on December 29, 2011 was included with the letter. (Exhibit <br /> #17, Letter from the Code Enforcement Unit to Donald Tumbull dated December 9, <br /> 2011 with unclaimed mail receipts) (Testimony of Code Enforcement Officer <br /> Wathen) <br /> 15. On December 13, 2011 Code Officer Wathen received a voice message from the <br /> Respondent, Donald S. Turnbull. The Respondent said that he would call again <br /> later to speak with Code Officer Wathen. (Testimony of Code Enforcement Officer <br /> Wathen) <br /> Based on the above Findings of Fact, the Violations Hearing Examiner enters the <br /> following Conclusions: <br /> CONCLUSIONS OF LAW <br /> Jurisdiction: <br /> The Violations Hearing Examiner of the City of Everett has jurisdictional authority to <br /> hold a hearing and to issue the decision. EMC §1.20.020 <br /> Applicable Law: <br /> 1. EMC §8.20.020: No person owning, leasing, renting, occupying or having charge or <br /> possession of any property in the City, including vacant lots, shall maintain or allow <br /> to be maintained on such property except as may be allowed by any other City <br /> ordinance any of the following conditions visible from any public street, alley or <br /> other public or private property: <br /> (A) Junk, trash, litter, boxes, discarded lumber or salvage materials or other similar <br /> materials in any front yard, side yard, rear yard or vacant lot. <br /> (E) Dead, decayed, diseased, noxious or hazardous trees, or vegetation or any <br /> vegetation (not including vegetation located in flower beds)taller than forty-two <br /> inches high or grass taller than twelve inches in height in any front yard, side <br /> yard, rear yard or vacant lot. <br /> 2. IPMC 308.1 Accumulation of rubbish or garbage: All exterior property and <br /> premises, and the interior of every structure, shall be free from any accumulation of <br /> rubbish or garbage. <br /> 3. IPMC 308.2.1 Rubbish storage facilities: The owner of every occupied premise shall <br /> supply approved covered containers for rubbish, and the owner of the premises <br /> shall be responsible for the removal of rubbish. <br /> 4. IPMC 308.3 Disposal of garbage: Every occupant of a structure shall dispose of <br /> garbage in a clean and sanitary manner by placing such garbage in an approved <br /> garbage disposal facility or approved garbage container. <br /> 9 5 <br />