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17. On June 26,200Gecond Violation Citation was issued. respondent was notified via
<br /> Certified return receipt, and first class mail that conditions on the property continue to violate the
<br /> IRC and the Everett Zoning Code. (Exhibit#4 -Violation Citation dated June 26,2009).
<br /> 18. Code Enforcement Officer Spring Wathen hand delivered the Violation Citation to the
<br /> respondent, Steve M. Hale at the property located at 420 47th St SE.
<br /> (Exhibit#5 -Declaration of Service dated June 26, 2009).
<br /> 19. On July 20, 2009,the respondent made application to the City Planning Department for a
<br /> Boundary Line Adjustment. This application was determined incomplete on July 28, 2009.
<br /> (Exhibit#10-Determination of Incomplete Application dated July 28,2009.)
<br /> 20. The respondent was given the opportunity to correct the conditions and has adequate notice to
<br /> appear at this hearing to contest the City's findings.
<br /> (Exhibit#4 -Violation Citation dated June 26,2009).
<br /> Conclusions of Law
<br /> 1. The additions and alterations to the single-family residence without approval and permits is in
<br /> violation of IRC R113.1 Unlawful acts which states; "It shall be unlawful for any person, firm or
<br /> corporation to erect, construct, alter, extend, repair, move, remove, demolish or occupy any
<br /> building, structure or equipment regulated by this code, or cause the same to be done, in conflict
<br /> with or in violation of any of the provisions if this code."And in violation of IRC R105.1 Permit
<br /> Required which states; "Any owner or authorized agent who intends to construct, enlarge, alter,
<br /> repair, move, demolish or change the occupancy of a building or structure, or to erect, install,
<br /> enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing
<br /> system, the installation of which is regulate by this code, or cause any such work to be done,
<br /> shall first make application to the building official and obtain the required permit."
<br /> 2. The work described above is alterations under IRC R105.1 and must be done with a building
<br /> permit.
<br /> 3. Portions of the addition are located within required rear setback in violation of EMC
<br /> §19.39.150(C) Required setbacks which states; "No improvement or structure may be located in
<br /> a required setback area." The "'rear setback' means the required minimum distance between the
<br /> rear lot line and any structure,building or use." EMC § 19.04.020.
<br /> 4. By removing the"Stop Work"order posted by Inspector T. Budden,the respondent violated IRC
<br /> 114.3 as adopted by Chapter 16.01 EMC,which states,"It shall be unlawful for any person to
<br /> remove or deface any placard applied pursuant to this section until the required repairs,
<br /> demolition or removal have been completed and a certificate of occupancy is issued pursuant to
<br /> the provisions of this code."
<br /> 5. Pursuant to EMC § 1.20.020(A)(19)and EMC § 16.01.040(0),the Violations Hearing Examiner
<br /> has jurisdiction over EMC these matters and these parties.
<br /> ORDER
<br /> Based on the Findings of Fact and Conclusions of Law read into the record at the July 30,2009,hearing
<br /> of the above matter,the following Order is issued:
<br /> EXHIBIT 6 3
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