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2 � ` <br /> 4 <br /> s <br /> 6 <br /> 7 <br /> 8 <br /> 9 <br /> 10 'These conditions,individually and together, create a public nuisance on the Property.33 <br /> 11 1. Yost is acting,or omitting to act,unlawfully. <br /> 12 Yost is"unlawfully doing an act,or omitting to perform a duty"by allowing the conditions <br /> 13 on her Property. RCW 7.48.120. Yost has a legal obligation to maintain the Property in <br /> 14 compliance with City codes. Each condition causing a public nuisance is also in violation of at <br /> 15 <br /> least one provision of the EMC. For example: <br /> 16 <br /> • The discarded junk,trash, and litter violate EMC 8.20.020.A <br /> 17 <br /> 18 • The discarded furniture and household equipment violate EMC 8.20.020.0 <br /> 19 * The discarded vehicle parts and articles of personal property violate EMC <br /> 8.20.020.E <br /> 20 <br /> 21 • The overgrown vegetation violates EMC 8.20.020.E. <br /> 22 • The house, without utilities, is unfit for human occupancy. Allowing <br /> others to occupy it in this state is in conflict with the IPMC sections <br /> 23 108.1.1"and IPMC 108.1.3.35 <br /> ju <br /> 24 <br /> 25 <br /> 33 Exhibit O—Keirsey Dec. (pictures dated April 25,2016). <br /> sa IPMC <br /> 108.1.1 defines unsafe structures. An unsafe structure includes a structure that is dangerous to the health <br /> of the occupants due to unsafe equipment. IPMC 108.1.1. <br /> Yost Summary Judgment Motion OFFICE OF THE CITY ATTORNEY <br /> 1 <br /> Page 14 of 23 CITY OF EVERETT <br /> 2930 Wetmore Avenue,10-C <br /> Everett WA 98201 <br /> (425)257-7000 <br />