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3 <br /> the City of Everett Public Works Division a buffer extends 17 feet south onto lot 11. <br /> However, according to development standards of the City the concrete pad must be <br /> at least 27 feet south of the rear lot line and should not extend more than 103 feet <br /> north of the south (front) lot line. The placement of the concrete pad extends into <br /> the side and rear yard setbacks and intrudes into a critical area along the rear lot <br /> line. (Exhibit#11, Email from Steve Ingalsbe dated August 20, 2015 with site plan) <br /> (Exhibit#12, Hand Drawn Site Map) (Exhibit#13, Email from Steve Ingalsbe dated <br /> August 21, 2015) (Testimony of Code Enforcement Officer Fagerstrom) <br /> 6. On August 24, 2015, the City issued a violation citation to the Respondent for <br /> violations of International Property Maintenance Code (IPMC) 106.1 Unlawful Acts <br /> as adopted by EMC 16.005.010; IPMC 108.1.4 Unlawful Structure as adopted by <br /> EMC 16.005.010; International Residential Code (IRC) R105.1 Permits Required as <br /> adopted by EMC 16.005.010; Everett Municipal Code (EMC) 19.37.040(D) Critical <br /> Area Features and EMC 19.37.170(A)4 Standard Stream Buffer Requirements. <br /> Copies were mailed to the Respondent via first class and certified mail to the <br /> Respondents last known address which Officer Fagerstrom obtained from <br /> Snohomish County Assessors Record. A copy was posted on the property. Each I <br /> method of service used is independently sufficient to provide notice. (Pursuant to <br /> EMC 1.20.010.C.1) (Exhibit#4, Violation Citation dated August 24, 2015 with mail <br /> receipts) (Exhibit#5, Declaration of Service dated August 24, 2015 with photo) <br /> (Testimony of Code Enforcement Officer Fagerstrom) <br /> 7. On November 9, 2015, Officer Fagerstrom reinspected the property and observed <br /> and photographed that the concrete slab remained in the backyard of the property. <br /> Based on research of City records, the Respondent had not applied or obtained <br /> required City permits for the work conducted on the property. (Exhibit#1a, Pre- <br /> Hearing Inspection Photo dated November 9, 2015) (Testimony of Code <br /> Enforcement Officer Fagerstrom) <br /> 8. The City provided the Respondent with an opportunity to correct the conditions that <br /> are in violation of sections of the EMC and provided notice of the date, time and <br /> place of this hearing. Sylvia DeZordo, administrative assistant in office of Mr. <br /> Harvey, appeared at the hearing. <br /> Based on the above Findings of Fact, the Violations Hearing Examiner enters the <br /> following Conclusions: <br /> CONCLUSIONS OF LAW <br /> Jurisdiction: I <br /> Pursuant to Chapter 1.20 EMC or any Everett Municipal Code (EMC) provisions that <br /> identify Chapter 1.20 EMC for enforcement, the Violations Hearing Examiner of the City <br /> of Everett has jurisdictional authority to hold the hearing and issue the decision. EMC <br /> §1.20.020 <br /> I <br /> s <br />