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17. On June 26, 2009, a second Violation Citation was issued. The 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 case was presented to the Violations Hearing Examiner by Code Officer Wathen on July 30, <br /> 2009. The Respondent Steve Hale was present and provided testimony. The Violations Hearing <br /> Examiner finding good cause for a continuance of the hearing in this matter issued an Order of <br /> Continuance to Thursday October 8, 2009. <br /> 21. The Order of Continuance provided that the Respondent shall cooperate with the city staff to <br /> ensure safety of the premises during continuance. <br /> 22. On August 11, 2009 representatives from the City Building and Planning Departments met with <br /> the respondent at the property to conduct an inspection within the residence in compliance with <br /> the Hearings Examiner Order dated July 30, 2009. (Exhibit#11 —Hearing Examiner Order of <br /> Continuance dated July 30, 2009.) <br /> 23. On August 26, 2009 an inspection report was mailed to the respondent outlining the city's <br /> findings and actions required to resolve the violations. (Exhibit#12—Inspection Report dated <br /> August 26, 2009.) <br /> 24. On September 29, 2009 Mr. Hale submitted to the Planning Department a variance application <br /> for a reduction of the twenty foot rear setback to approximately two feet and a reduction of the <br /> five foot side setback to approximately 4.3 feet. <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 /> 9 <br />