9430 HOLLY DR 2018-01-22 - Laserfiche WebLink

r • 2/ FINDINGS OF FACT 1. Henry Ly, Respondent, is the owner of property at 9430 Holly Drive, Everett, Washington (property) which is in an R-1, Single Family Detached Low Density Residential zone as established by the City of Everett. (Exhibit#8, Snohomish County Assessors Record dated December 8, 2016) (Exhibit#9, Go Sync Maps) 2. On October 12, 2016, City of Everett Code Enforcement Officer Don Cunningham conducted an inspection of the property and observed and photographed construction debris, buckets, junk, litter, dead vegetation and a mattress had been discarded in the side yard of the property in public view. Such violations are annoyances and disrupt and injure the comfort, repose, health and safety of others. The entire community is affected by the activity. (Exhibit#2q-2s, Inspection Photos dated October 12, 2016) (Testimony of Code Enforcement Officer Cunningham) 3. On October 17, 2016, a notice to comply was sent via first class mail to the Respondent which informed the Respondent of conditions on the property that were in violation of City ordinances. The notice provided a corrective action date of October 24, 2016 to abate violations observed on the property. (Exhibit#6, Notice to Comply dated October 17, 2016) (Testimony of Code Enforcement Officer 1 Cunningham) 4. On October 28, 2016, Officer Cunningham reinspected the property and observed and photographed that a room had been constructed on the SE corner of the attached garage which was being used as a sleeping unit. The discarded items in the side yard remained in public view on the property. Upon research of City records, Officer Cunningham determined that the Respondent had not applied for or obtained required permits for the additional room on the garage on the property. (Exhibit#2m-2p, Inspection Photos dated October 28, 2016) (Exhibit#7, Email from Ted de Budden dated October 28, 2016) (Testimony of Code Enforcement Officer Cunningham) 5. On November 3, 2016, Officer Cunningham met the Respondent on site to conduct an inspection of the interior of the residential structure and attached garage on the property. Officer Cunningham observed and photographed that a second kitchen 5 area had been installed in the basement of the residential structure and a room had been constructed onto the attached garage on the property. The Respondent informed Officer Cunningham that the basement kitchen and additional garage room had been present at the time he purchased the property. He had just installed a window in the room attached to the garage. The discarded items in the side yard remained in public view on the property. (Exhibit#2a-21, Inspection Photos dated November 3, 2016) (Testimony of Code Enforcement Officer Cunningham) 6. On November 3, 2016, the City issued the Respondent a violation citation for violations of International Property Maintenance Code (IPMC) 106.1 Unlawful Acts as adopted by EMC 16.005.010; IPMC 108.1.4 Unlawful Structure as adopted by EMC 16.005.010; IPMC 308.1 Accumulation of Rubbish and Garbage as adopted