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Resolution 7380
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Resolution 7380
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5/30/2019 9:20:53 AM
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5/30/2019 9:20:32 AM
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Resolutions
Resolution Number
7380
Date
5/29/2019
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5. On October 8, 2018, Officer Golden posted the property with a condemnation placard due to <br /> the lack of water service in an occupied residential structure on the subject property. In the <br /> City of Everett, the absence of an approved water service renders a residential structure unfit <br /> for human habitation. A notice of condemnation was sent to the Respondents via first class <br /> and certified mail. A copy of the notice was posted on the subject property. The notice <br /> informed the Respondents of the violations on the subject property and ordered that the <br /> entire residential structure be vacated no later than October 29,2018 at 9:00 am. (Exhibit <br /> #4, Declaration of Service, dated October 8, 2018 with photos) (Exhibit#6, Notice of <br /> Condemnation, dated October 8, 2018 with unclaimed mail receipts) (Exhibit#7, <br /> Condemnation Placard, dated October 8, 2018) (Testimony of Code Enforcement Officer <br /> Golden) <br /> 6, On November 19,2018, Officer Golden resinspected the subject property and observed and <br /> photographed that the overgrown vegetation and all discarded items remained in public <br /> view. Officer Golden further observed that the condemned structure remained occupied <br /> without approved water service. (Exhibit#1a-lb, Inspection Photos, dated November 19, <br /> 2018) (Testimony of Code Enforcement Officer Golden) <br /> 7. The City provided the Respondents with an opportunity to correct the conditions that were <br /> in violation of sections of the EMC,provided a corrective action date of October 29, 2018 to <br /> abate all observed violations, and provided notice of the date,time, and place of this hearing. <br /> The Respondents failed to appear at the hearing. <br /> 8. Officer Golden testified at the hearing that Respondent Denise Alliner-Herz is deceased and <br /> Respondent John White has been institutionalized. Officer Golden requested that <br /> Respondent Allinder-Herz be removed as a Respondent in this matter. Currently the <br /> residential structure is unsecured and open to trespass. (Testimony of Code Enforcement <br /> Officer Golden) <br /> Based on the above findings of fact,the Violations Hearing Examiner enters the following <br /> conclusions: <br /> CONCLUSIONS OF LAW <br /> Jurisdiction: <br /> Pursuant to EMC Chapter 1.20 or any Everett Municipal Code provisions that identify EMC <br /> Chapter 1.20 for enforcement,the Violations Hearing Examiner of the City of Everett has <br /> jurisdictional authority to hold this hearing and to issue the decision. EMC 1.20.020. <br /> Applicable Law: <br /> 1. IPMC 106.1 Unlawful Acts,which reads: <br /> It shall be unlawful for a person,firm or corporation to be in conflict with or in violation of <br /> any of the provisions of this code. <br /> 2. IPMC 308.1 Accumulation of rubbish or garbage,which reads: <br /> 3 <br />
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