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9430 HOLLY DR 2018-01-22
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9430 HOLLY DR 2018-01-22
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Last modified
1/22/2018 7:30:58 AM
Creation date
11/17/2017 11:57:20 AM
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Address Document
Street Name
HOLLY DR
Street Number
9430
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• • ` <br /> 3(C, <br /> by EMC 16.005.010; International Residential Code (IRC) R105.1 Permit Required <br /> as adopted by EMC 16.005.010 and Everett Municipal Code (EMC) 8.20.020 <br /> (A)(C)(E) Nuisances. Copies were mailed to the Respondent via first class and <br /> certified mail to the Respondents last known address which Officer Cunningham <br /> obtained from Snohomish County Assessors Record. A copy of the citation was <br /> posted at the property. Each method of service used is independently sufficient to <br /> provide notice pursuant to EMC 1.20.010.C.1. (Exhibit#4, Violation Citation dated <br /> November 3, 2016 with mail receipts) (Exhibit#5, Declaration of Service dated <br /> November 4, 2016 with photo) (Testimony of Code Enforcement Officer <br /> Cunningham) <br /> 7. On December 13, 2016, Officer Cunningham reinspected the property and <br /> observed and photographed that most of the discarded items and dead vegetation <br /> had been removed from public view on the property. The Respondent had not <br /> applied for or obtained required City permits for construction work performed on <br /> site. (Exhibit#1a-1b, Pre-Hearing Inspection Photos dated December 13, 2016) <br /> (Testimony of Code Enforcement Officer Cunningham) <br /> 8. The City provided the Respondent with an opportunity to correct the conditions that <br /> were in violation of sections of the EMC, provided a corrective action date of <br /> November 22, 2016 for abatement of nuisance violations and provided notice of the <br /> date, time and place of this hearing. The Respondent appeared at the hearing. <br /> Based on the above Findings of Fact, the Violations Hearing Examiner enters the <br /> following Conclusions: <br /> CONCLUSIONS OF LAW <br /> Jurisdiction: <br /> Pursuant to Chapter 1.20 EMC or any Everett Municipal Code (EMC) provisions that <br /> identify Chapter 1.20 EMC for enforcement, the Violations Hearing Examiner of the City <br /> of Everett has jurisdictional authority to hold this hearing and to issue the decision. <br /> EMC §1.20.020 <br /> Applicable Law: <br /> 1. IPMC 106.1 Unlawful acts, which reads: <br /> It shall be unlawful for a person, firm or corporation to be in conflict with or in <br /> violation of any of the provisions of this code. <br /> 2. IPMC 108.1.4 Unlawful Structure, which reads: <br /> An unlawful structure is one found in whole or in part to be occupied by more <br /> persons than permitted under this code, or was erected, altered or occupied <br /> contrary to law. <br /> 3. IPMC 308.1 Accumulation of rubbish or garbage, which reads: <br />
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