1715 LOMBARD AVE 2019-06-25 - Laserfiche WebLink

Snohomish County Assessors Record dated January 17, 2013 for Parcel 00438235100701) (Testimony of Code Enforcement Officer Wathen) 4. On November 1, 2012, a hearing on violations of safe exterior stairway and deck that had been constructed without required permits was held before the Hearing Examiner of the City of Everett. At said hearing the Respondent testified that the main residential structure had been converted, to and was being utilized as, a duplex. The Respondent further testified that the use was in existence when he purchased the property in September 2006. A review of the City of Everett Building Department records revealed that no application or approvals had ever occurred, and no permits had been issued for the change of use of a single-family residence to a duplex. A review of the City of Everett Planning Department records revealed that a nonconforming use permit#2-87 dated April 17, 1987. (Exhibit#4, City of Everett Nonconforming Use Permit#2-87 dated April 17, 1987) (Testimony of Code Enforcement Officer Wathen) 5. The nonconforming use permit#2-87 was approved on April 24, 1987 by the City of Everett Planning Director certifying the legal nonconforming status of two dwelling units on a single lot and allowed nonconformity for the building setbacks. The approved nonconforming use permit includes a notation of a second kitchen within the single-family residence: "the area within 1715 Lombard which has cooking facilities is an integral part of the single-family use and has no status as an additional unit."(Exhibit#4, City of Everett Nonconforming Use Permit#2-87 dated April 17, 1987) (Testimony of Code Enforcement Officer Wathen) 6. On December 11, 2012, a violation citation was issued to the Respondent for violations of International.Residential Code (IRC) R113.1 as adopted by EMC 16.005.010, International Property Maintenance Code (IPMC) 108.4 as adopted by EMC 16.005.010, Everett Municipal Code (EMC) 19.38.020 and EMC 19.38.030(D)(1). The violation citation listed a corrective action date of January 1, 2013 for application of permits and July 1, 2013 for completion of work. Copies were mailed to the Respondent via first class and certified mail to the Respondents last known address which ECE Officer Wathen obtained from Snohomish County Assessors Record. Additionally, a copy of the citation was posted at the property. Pursuant to EMC 1.20.010.C.1, each method of service used is independently sufficient to provide for notice. A copy of the violation citation was also sent certified mail return receipt and first class mail to the Bank of New York Mellon as Trustee and Specialized Loan Servicing as the Loan Servicer. (Exhibit#2, Violation Citation dated December 11, 2012 with mail receipts) (Exhibit#3, Declaration of Service dated December 11, 2012 with photos) (Testimony of Code Enforcement Officer Wathen) 7. On December 17, 2012, ECE Officer Wathen received a call from the Respondent questioning the receipt of the second violation citation. The Respondent advised that he had taken steps necessary to abate the unsafe deck and stairway on the back of the residence and had secured the residence. He also contended that he