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1 property. Yost has made many significant alterations to the home over the years, but none of this <br /> 2 work has complied with requisite code requirements. While she has occasionally applied for a <br /> 3 permit, she has never obtained all inspections necessary to make the alterations lawful, and in <br /> 4 many cases she has failed to obtain a permit at all. <br /> 5 <br /> 6 <br /> 7 , <br /> i <br /> 9 p <br /> 10 _ x <br /> 11 <br /> 12 <br /> 13 The City has used its code enforcement process on at least five different occasions in the <br /> 14 last 10 years to try to get Ms. Yost to bring her home into compliance and to address the nuisances <br /> 15 without success. The most recent of those efforts resulted in an order issued by the City's hearing <br /> 16 <br /> examiner in January 2014, which serves as the basis for this lawsuit. Yost did not appeal the <br /> 17 <br /> Examiner's January decision and it is final. The conditions the Examiner found to exist were in <br /> 18 <br /> 19 violation of the Everett Municipal Code (the `BMC") and are public nuisances long overdue for <br /> 20 abatement by Yost,or,if necessary,by the City. <br /> 21 The City requests this Court grant and issue the City a warrant of abatement authorizing the <br /> 22 City to conduct the abatement of the public nuisance conditions at Yost's expense, and issue an <br /> 23 injunction requiring Yost to keep the property free of the public nuisance conditions in the future. <br /> 24 The City requests this Court rule as a matter of law this relief is justified on two independent <br /> 2.5 <br /> grounds. First, the Court should rule that the Examiner's decision is final and enforceable and the <br /> Yost Summary Judgment Motion OFFICE OF THE CITY ATTORNEY <br /> Page 2 of 23 CITY OF EVERETT <br /> 2930 Wetmore Avenue,10-C <br /> Everett WA 98201 <br /> (425)257-7000 <br />