420 47TH ST SE 2015 2025-07-17 - Laserfiche WebLink

18. Code Enforcement Officer Spring Wathen hand delivered the Violation Citation to the respondent, Steve M. Hale at the property located at 420 47th St SE. (Exhibit#5 -Declaration of Service dated June 26, 2009). 19. On July 20, 2009,the respondent made application to the City Planning Department for a Boundary Line Adjustment. This application was determined incomplete on July 28,2009. (Exhibit#10 - Determination of Incomplete Application dated July 28, 2009.) 20. The respondent was given the opportunity to correct the conditions and has adequate notice to appear at this hearing to contest the City's findings. (Exhibit#4 -Violation Citation dated June 26, 2009). Conclusions of Law 1. The additions and alterations to the single-family residence without approval and permits is in violation of IRC R113.1 Unlawful acts which states; "It shall be unlawful for any person, firm or corporation to erect, construct, alter, extend, repair, move, remove, demolish or occupy any building, structure or equipment regulated by this code, or cause the same to be done, in conflict with or in violation of any of the provisions if this code." And in violation of IRC R105.1 Permit Required which states; "Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulate by this code, or cause any such work to be done, shall first make application to the building official and obtain the required permit." 2. The work described above is alterations under IRC R105.1 and must be done with a building permit. 3. Portions of the addition are located within required rear setback in violation of EMC §19.39.150(C) Required setbacks which states; "No improvement or structure may be located in a required setback area." The "'rear setback' means the required minimum distance between the rear lot line and any structure,building or use." EMC § 19.04.020. 4. Further, by occupying the addition to the single-family residence without a valid Certificate of Occupancy,the respondent Steve M. Hale violated IRC R110.1,use and occupancy which states; "[njo building or structure shall be used or occupied, and no change in the existing occupancy classification of a building or structure or portion thereof shall be made until the building official has issued a certificate of occupancy therefore as provided herein." 5. Pursuant to EMC § 1.20.020 (A)(19) and EMC § 16.01.040(0),the Violations Hearing Examiner has jurisdiction over EMC these matters and these parties. ORDER Based on the Findings of Fact and Conclusions of Law read into the record at the July 30, 2009,hearing of the above matter, the following Order is issued: 1. Steve M. Hale shall abate all violations of IRC 105.1 and IRC 113.1; IRC 110.1 and EMC §19.39.150(C) on the property located at 420 47th Street SE, Everett, Washington. ( 3/5)