4841 GLENWOOD AVE 2019-01-11 - Laserfiche WebLink

appropriate for site conditions but also provides for drainage based on approved methods; 3) inspection by the engineer of record of the remaining retaining wall; 4) inspection report by the engineer of record that documents any deficiencies; and 5)proposal to rectify any deficiencies noted by the engineer of record upon that inspection. See Exhibit 17. 22. As of the date of the hearing on this matter, Mr. Popov has failed to take the first corrective action required by the violation citation, i.e. Mr. Popov failed to retain an engineer licensed by the State of Washington and engage him/her to undertake the scope of work described in the violation citation. 23. As of the date of the hearing on this matter,Mr. Popov has also failed to take the second corrective action required by the violation citation,i.e. Mr. Popov failed to submit a timeline to include the repair of the partially collapsed ecology block retaining wall,clean up of the affected neighboring properties, special inspections, approvals, and final certification by the Engineer of Record. 24. The current condition of the remaining ecology block retaining wall and adjacent properties are depicted in photos at Exhibit 18. 25. On April 17, 2008,Mr. Popov was served with a true and correct copy of the Violation Citation. See Declaration of Service at Exhibit 19 and Violation Citation at Exhibit 20. Mr. Popov has had adequate notice of the opportunity to appear at the hearing to appeal the City's allegations Conclusions of Law 1. Mr. Popov caused to be constructed a retaining wall at the south side of the building at 4841 Glenwood Avenue without first having obtained the approval of the building official and has yet to submit plans from an engineer of record that accurately represents the wall as built and certification of compliance with construction codes. Such action or omission constitutes a violation of the International Residential Code at Section R109.4, which has been incorporated and adopted by reference in the Everett Municipal Code(EMC 16.01.030), and states in relevant part: "Work shall not be done beyond the point indicated in each successive inspection without first obtaining the approval of the building official." 2. Mr. Popov disregarded a November 16,2007 Building Division stop work order when he caused concrete slab to be poured for the construction of a retaining wall at the south side of the building at 4841 Glenwood Avenue. By continuing work on the construction of the retaining wall after he was served with a stop work order,Mr. Popov violated the International Building Code at Section R114,which has been incorporated and adopted by reference in the Everett Municipal Code(EMC 16.01.030). Section R114.2 of the IBC states in relevant part: "Upon issuance of a stop work order,the cited work shall iminediately cease." Section R114.3 states in relevant part: "Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to penalties as prescribed by law." C5//)�