Laserfiche WebLink
• • <br /> 1 similar personal items and the overgrown vegetation were in violation of chapter 8.20 EMC and <br /> 2 constituted public nuisances.30 He held that there were violations of the IPMC and IRC because <br /> 3 the house was occupied without utilities,remained in a deteriorated condition, and because Yost's <br /> 4 failed to obtain building permits and/or inspections for alterations to the house.31 All violations of <br /> 5 the IPMC are nuisances. EMC 16.005.040.A.12. The Examiner's Decision is final. Yost had an <br /> 6 opportunity to appeal the findings of the Examiner. She chose not to. Collateral estoppel now <br /> 7 <br /> prevents Yost from re-litigating the Examiner's findings by challenging the existence of the <br /> 8 <br /> conditions on the Property,whether they violate the EMC,and whether they constitute public <br /> 9 <br /> 10 nuisances. <br /> 11 Collateral estoppel"prevents a second litigation of issues between the parties even though a <br /> 12 different claim or cause of action is asserted." Rains v. State, 100 Wash.2d 660, 665, 674 P.2d 165 <br /> 13 (1983). Collateral estoppel applies when"(1)the issue decided in the prior adjudication is <br /> 14 identical with the one presented in the second; (2)the prior adjudication must have ended in a final <br /> 15 on the merits; 3 the art against whom collateral estoppel is asserted was a or in <br /> judgment ( ) P Y g pp p�3' <br /> 16 <br /> privity with a party to the prior adjudication; and(4)application of the doctrine must not work an <br /> 17 <br /> 18 injustice." Id. <br /> 19 Here,the City seeks to enforce the Examiner's decision through an injunction and warrant <br /> 20 to abate public nuisance conditions. The Examiner has already considered and determined that the <br /> 21 conditions on Yost's Property were violations of the EMC. Of those code violations,he found that <br /> 22 the conditions in violation of chapter 8.20 EMC were public nuisances. The violations of the <br /> 23 IPMC and IRC are nuisances pursuant to EMC 16.005. 040.A.12. These are the same issues this <br /> 24 <br /> 25 <br /> 30 Exhibit H,p.6—Keirsey Dec. <br /> 31 Id. <br /> Yost Summary Judgment Motion OFFICE OF THE CITY ATTORNEY <br /> Page 10 of 23 CITY OF EVERETT <br /> 2930 Wetmore Avenue,10-C <br /> Everett WA 98201 <br /> (425)257-7000 <br />