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Resolution 6670
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Resolution 6670
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1/24/2014 11:07:28 AM
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Resolutions
Resolution Number
6670
Date
10/30/2013
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( ( <br /> Code (IRC) §R105.1, International Property Maintenance Code(IPMC)404.3, <br /> 404.4.4, 108.1.5.1 (1). Due to the above listed violations the cellar was condemned <br /> as unfit for human occupancy pursuant to IPMC § 108.1.3, and that a hearing was <br /> scheduled for this matter on March 22, 2012. (Exhibit#4, Violation Citation dated <br /> February 21, 2012 with mail receipts) (Exhibit#5, Declaration of Service dated <br /> February 22, 2012 with photo) (Testimony of Code Enforcement Officer <br /> Fagerstrom) <br /> 5. On March 19, 2012 Code Officer Gregory conducted a pre-hearing inspection of the <br /> property and observed and photographed lumber, trash, litter, and vehicle parts in <br /> the yards of the property. These were stored in public view. She photographed the <br /> condemned notice on the cellar door but was unable to confirm occupancy because <br /> Richard Irby had apparently left the property. Code Officer Gregory also observed <br /> and photographed new construction on the exterior of the house on the property. <br /> (Exhibit#2g-2q, Pre-Hearing Inspection Photos dated March 19, 2012) (Testimony <br /> of Code Enforcement Officer Fagerstrom) <br /> 6. On April 20, 2012, Ted Budden, City of Everett Lead Building Inspector conducted <br /> an inspection of the property. He examined the rear deck and garage structure and <br /> determined them to be sub-standard of the required City of Everett regulations, and, <br /> that they were not built with any approved of permits issued by the City. Mr. <br /> Budden further viewed the cellar of the house and determined that it was not fit to <br /> be used for dwelling purposes. He sent an e-mail to Code Officer Gregory with his <br /> findings. (Exhibit#9, Email from Ted Budden dated April 20, 2012) (Testimony of <br /> Code Enforcement Officer Fagerstrom) (Testimony of Ted Budden) <br /> 7. On June 8, 2012, Code Officer Fagerstrom conducted an inspection of the property <br /> and observed and photographed that there were numerous automotive parts and <br /> •junk and debris on the property. These were stored in public view. He spoke with <br /> the Respondent Armitage and was informed that Richard Irby had been killed in a <br /> boating accident along the Everett waterfront. The Respondent asked for a <br /> continuance of the hearing and a written notice was sent to the Respondents <br /> rescheduling the case to July 26, 2012. Code Officer Fagerstrom confirmed that <br /> Mr. Irby was deceased. (Exhibit#2a-2f, Inspection Photos dated June 8, 2012) <br /> (Exhibit#6, Notice of Rescheduled Hearing dated June 11, 2012 with unclaimed <br /> mail receipts) (Testimony of Code Enforcement Officer Fagerstrom) <br /> 8. Among the violations observed by Code Officer Fagerstrom and Mr. Budden were <br /> that hallways and rooms did not have a clear ceiling height of two feet; kitchen and <br /> non habitable spaces were being used for sleeping purposes; the interior <br /> passageways did not conform to building or fire codes; the structure is unsafe <br /> because of the degree to which the structure is in disrepair and lack of <br /> maintenance. <br /> 9. On or about June 18, 2012, Code Officer Fagerstrom received a phone call from <br /> Respondent Loth and she told him that she had moved out of the area. She stated <br /> 3 <br />
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