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On November 10, 2008,the City Attorney and the Respondent submitted a stipulated <br /> motion and order to amend the April 28, 2008 Order. At the request of the City Attorney, <br /> the Violations Hearings Examiner conducted a telephone conference hearing on the <br /> motion. In attendance were City Attorneys David Hall and Katy Rathbun, City of Everett <br /> Building Official Kirk Brooks,Permit Services Manager Tony Lee, and affected <br /> neighboring property owners Weldon and Lorraine Sorgen. The Respondent was not <br /> available for the hearing because he was on vacation,however,he had indicated his <br /> approval for the motion to be presented in his absence via signature on the stipulated <br /> motion. <br /> The stipulated motion and order would provide the Respondent revised deadlines for <br /> abatement. Regarding emergency drainage improvements,the compliance deadline <br /> proposed was December 19, 2008. For abatement of the collapsed wall and the <br /> improperly constructed wall,the compliance deadline proposed was October 8, 2009. <br /> At the conclusion of the teleconference hearing, it was decided that a date should be set <br /> for a hearing at which the Respondent could be present. City Attorneys attempted to <br /> contact the Respondent on vacation to set that date. However, since conclusion of the <br /> teleconference, the Violations Hearing Examiner has determined that no further hearing <br /> is necessary to decide the motion. <br /> No evidence was offered that the Violations Hearing Examiner found to be a persuasive <br /> basis for revising the earlier Order of abatement. The motion to amend the Order is <br /> DENIED. The City should proceed with enforcement of the April 28,2008 Order of <br /> abatement. <br /> Entered this 20th day of November 2008. <br /> Sharon ice <br /> Violations Heating Examiner Pro Tem <br /> City of Everett <br /> ISi'Zlc�+ do hereby certify that on <br /> I mailed certified/1st class <br /> a true and accurate copy of theorde !VC issued re: <br /> case# 0g- Ot�� <br /> Signature <br /> Order on Post Hearing Motion to Amend <br /> Everett Violations Hearing Examiner <br /> Popov NOV-0-0138 page 2 of 2 ; <br />