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• <br /> Based upon a review of the record,the following findings of fact and conclusions of law hereby <br /> constitute the basis of the decision of the Everett Violations Hearing Examiner. <br /> FINDINGS OF FACT <br /> 1. Kim Henderson(Respondent)is the owner of record of property at 1517 Broadway,Everett, <br /> Washington(subject property),which is in a BMU,Broadway Mixed Use zone. According <br /> to Snohomish County Assessor's office,a tri-plex is located on the subject property. <br /> (Exhibit#9, Snohomish County Assessor's record, dated April 30, 2018) (Exhibit#10, Go <br /> Sync Map) <br /> 2. In response to a complaint of an illegal conversion from a triplex into five dwelling units, <br /> City of Everett Code Enforcement Officer Edward Golden conducted an inspection of the <br /> subject property on December 7,2017. While on site,Officer Golden observed and <br /> photographed five separate entrances for dwelling units labeled Al,A2,C3,E4,and E5. <br /> Unit E4 was a basement dwelling unit. There were mailboxes for each of the five units. A <br /> tenant of unit A2 confirmed occupancy of the five units in the residential structure. Upon <br /> research of City records, Officer Golden determined that required City permits had not been <br /> obtained for the construction alterations completed to convert the structure from a tri-plex to <br /> five separate dwelling units. (Exhibit#1 kk-1 ww, Inspection Photos, dated December 7, <br /> 2017)(Testimony of Code Enforcement Officer Golden) <br /> 3. On December 14,2017,Officer Golden discovered an apartment listing for an apartment <br /> community consisting of five units in a two story structure located at 1517-1519 Broadway <br /> Avenue. At the time of the listing,no units were available. (Exhibit#5, Online <br /> Advertisement Apartment Finder, dated December 14, 2017) (Testimony of Code <br /> Enforcement Officer Golden) <br /> 4. On December 14,2017,a notice to comply was sent via first class mail to the Respondent <br /> informing him of conditions within the residential structure on the subject property that were <br /> in violation of City ordinances. The notice provided a corrective action date of March 19, <br /> 2018 to abate observed violations. (Exhibit#6, Notice to Comply, dated December 14, <br /> 2017) (Testimony of Code Enforcement Officer Golden) <br /> 5. On January 17,2018,Officer Golden and City of Everett Building Division Chief Inspector <br /> Ted de Budden met the Respondent on site to conduct an inspection of the residential <br /> structure located on the subject property. While on site the following conditions were <br /> observed and photographed: <br /> a. There were five separate dwelling units,each with a bathroom,kitchen,bedroom,and <br /> - living-areas:..:... <br /> b. The basement unit lacked the required 7 foot clear ceiling height. <br /> c. There were missing smoke and carbon monoxide alarms in the dwelling units. 1 <br /> d. There was no fire resistive separation between the dwelling units. <br /> e. An exterior stairway that serviced the residential structure was in a deteriorated <br /> condition. <br /> (2) 1 <br />