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. ) <br /> 1 <br /> that the Respondents were in violation of sections of the Everett Municipal Code <br /> (EMC)that regulated and controlled zoning and prohibited nuisance violations. <br /> (Exhibit#6, Final Findings of Fact, Conclusions of Law and Order of the Hearing <br /> Examiner Case#10-0190 dated December 2, 2010) (Testimony of Code <br /> Enforcement Officer Wathen) <br /> 3. On September 29, 2011, the City of Everett Code Enforcement Unit received <br /> information of unsanitary and unhealthy living conditions on the property that had <br /> been observed by City of Everett Police Officers. Everett Police Incident Report DD <br /> 11-20292 described the residence as containing bags of full garbage, a backyard <br /> that was not maintained, and a shed completely filled with garbage. (Testimony of <br /> Code Enforcement Officer Wathen) <br /> 4. On October 5, 2011, City of Everett Code Enforcement Officer Wathen inspected the <br /> property and observed and photographed miscellaneous items and debris discarded <br /> in the driveway of the property. A large accumulation of bagged garbage was on the <br /> back porch and in the shed located in the back yard of the property. This activity <br /> constitutes a repeat violation of EMC §8.20.020 (A) and is a violation of International <br /> Property Maintenance Code (IPMC) 308.1; 308.2.1; 308.3. Grass, weeds and <br /> blackberry in the back yard of the residence were observed to be overgrown and <br /> were a violation of EMC §8.20.020 (E). Such violation endangers the comfort, <br /> repose, health or safety of others and affects the entire community. Code Officer <br /> Wathen also observed that the siding on the back side of the residence on the <br /> property was without protective treatment, a violation of IPMC 304.2. (Exhibit#2a-2i, <br /> Inspection Photos dated October 5, 2011) (Testimony of Code Enforcement Officer <br /> Wathen) <br /> 5. On October 5, 2011, Code Officer Wathen spoke with Respondent Andrew Scott <br /> Turnbull and was allowed to enter the residence. Code Officer Wathen was told that <br /> Child Protective Services had been there earlier to inspect conditions reported to <br /> them. Code Officer Wathen noted an untidy residence; however, she did not <br /> observe bagged garbage. (Testimony of Code Enforcement Officer Wathen) <br /> 6. On October 12, 2011, the City issued the Respondents a violation citation as repeat <br /> violators. The Respondents were notified via certified mail return receipt, first class <br /> mail and by posting the violation citation at the property that the conditions violated <br /> EMC §8.20.020 (A)(E); IPMC 308.1, 308.2.1, 308.3 and IPMC 304.2. (Exhibit#4, <br /> Violation Citation dated October 12, 2011 with mail receipts) (Exhibit#5, Declaration <br /> of Service dated October 13, 2011 with photo) (Testimony of Code Enforcement <br /> Officer Wathen) <br /> 7. Code Officer Wathen re-inspected the property on November 9, 2011 and observed <br /> and photographed that all of the conditions remained substantially the same. (Exhibit <br /> #1a-1 I, Pre-Hearing Inspection Photos dated November 9, 2011) (Testimony of <br /> Code Enforcement Officer Wathen) <br /> 7 3 <br />