Resolution 6632 - Laserfiche WebLink

4 _CONCLUSIONS OF LAW Jurisdiction: Pursuant to Chapter 1.20 EMC or any Everett Municipal Code (EMC) provisions that identify Chapter 1.20 EMC for enforcement, the Violations Hearing Examiner of the City of Everett has jurisdictional authority to hold this hearing and to issue the decision. EMC §1.20.020 Applicable Law: 1. IPMC 108.1.5 as adopted by EMC 16.005.010: Dangerous Structure or Premises For the purpose of this code, any structure or premises that has any or all of the conditions or defects described below shall be considered dangerous: (7) The building or structure is neglected, damaged, dilapidated, unsecured or abandoned so as to become an attractive nuisance to children who might play in the building or structure to their damage, becomes a harbor for vagrants, criminals or immoral persons, or enables person to resort to the building or structure for committing a nuisance or an unlawful act. 2. EMC 8.20.020, Nuisances: No person owning, leasing, renting, occupying or having charge or possession of any property in the city, including vacant lots, shall maintain or allow to be maintained on such property except as may be allowed by any other city ordinance any of the following conditions visible from any public street, alley or other public or private property: (A) Junk, trash, litter, boxes, discarded lumber, salvage materials or other similar materials in any front yard, side yard, rear yard or vacant lot; (C) Broken or discarded furniture, household equipment and furnishings in any front yard, side yard, rear yard or vacant lot; (G) Vehicle parts or other articles of personal property which are discarded or left in a state of partial construction or repair in any front yard, side yard, rear yard or vacant-lot; Conclusions of Law Based on Above Findings: 1. The failure to keep the structure secured from unauthorized entry by children and potential criminal activity is a violation of IPMC 108.1.5 as adopted by EMC 16.005.010. The code requires that building be kept secured to prevent them from being an attractive nuisance to children or from a harborage of criminal activity.