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• • <br /> EY <br /> CITY OF EVERETT <br /> VIOLATIONS HEARING EXAMINER <br /> City of Everett, a Washington ) <br /> Municipal Corporation, ) Case No. 08-0138 <br /> Petitioner, ) FINDINGS OF FACT, <br /> CONCLUSIONS <br /> vs. OF LAW AND ORDER OF <br /> THE HEARING EXAMINER <br /> Peter Popov ) <br /> 4841 Glenwood Ave. ) <br /> Everett, WA 98203 ) <br /> Respondent. ) <br /> This matter having come before the Violations Hearing Examiner on April 24, 2008, and <br /> the testimony of witnesses having been heard and all exhibits admitted into evidence <br /> having been considered,the Violations Hearing Examiner makes the following findings of <br /> fact and conclusions of law and order: <br /> Findings of Fact: <br /> A. Retaining wall attached to south side of the building at 4841 Glenwood Avenue <br /> 1. On or before October 4, 2007,City of Everett inspector, Ted Budden, observed that <br /> construction of a concrete retaining wall attached to the south side of the building at 4841 <br /> Glenwood Avenue had commenced. See Exhibit 1. <br /> 2. On October 8,2007,Mr. Popov's engineer,Michael Mitchell of Mitchell Engineering, <br /> submitted plans for review and approval by the City. See Exhibit 2. <br /> 3. On October 9,2007,the Permit Services manager visited the site to assess the condition <br /> of the wall. The Permit Services Manager noted that the partial construction of the wall <br /> was inconsistent with the design submitted by Mitchell Engineering and showed an <br /> undersized footing and inadequate top-of-wall connections. Photographs of the wall taken <br /> fp <br /> 1 <br />