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CONCLUSIONS OF LAW <br /> 1 <br /> 2 Based on the above findings of fact,the Court hereby enters the following conclusions of law: <br /> 3 1. Hearing Examiner's Decision is Final. <br /> 4 1.1 On January 23,2014,the Examiner entered his Decision against Yost. <br /> 5 1.2 Yost did not appeal the Examiner's Decision. <br /> 6 1.3 The Examiner's Decision is final. <br /> 7 <br /> 1.4 The Examiner found that the junk and other discarded items in the yards and the <br /> 8 <br /> overgrown vegetation were public nuisances. <br /> 9 <br /> 10 1.5 The Examiner found that Yost violated provisions of the IPMC and the IRC. All <br /> t <br /> 11 such violations are also nuisances pursuant to EMC 16.005.040.A.12. <br /> 12 1.6 Yost may not now re-litigate or challenge the findings of the Examiner based on the <br /> 13 principles of collateral estoppel. <br /> 14 1.7 The conditions the Examiner found to exist in violation of the EMC are public <br /> 15 nuisances based on the finality of his Decision. <br /> 16 <br /> 1.8 A warrant of abatement and injunctive relief are appropriate pursuant to RCW <br /> 17 <br /> 7.48.020 and 250. <br /> 18 <br /> 19 2. Declaration of Nuisance <br /> 20 2.1 "Nuisance consists of unlawfully doing an act,or omitting to perform a duty,which <br /> 21 act or omission either annoys,injures or endangers the comfort,repose,health or safety of others, <br /> 22 offends decency ... or in any way renders other persons insecure in life or in the use of property." <br /> 23 RCW 7.48.120. <br /> 24 <br /> 2.2 "A public nuisance is one which affects equally the rights of an entire community g <br /> 25 <br /> OFFICE OF THE CITY ATTORNEY <br /> Yost Order CITY OF EVE RETT <br /> Page 5 of 10 2930 Wetmore Avenue,10-C <br /> Everett WA 98201 <br /> (425)257-7000 <br /> s <br />