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404 First Street Jody's letter 2City Yelm o f Community Development Department Y E L M 105 Yelm Avenue West WASHINGTON Yelm, WA 98597 Garry and Emma Worthey 170 Spooner Road Chehalis, WA 98532 NOTICE IS HEREBY GIVEN pursuant to Section 18.18.030 YMC that your use of property and building within the City of Yelm and described below is in violation of provisions of the Yelm Municipal Code, Title 8 YMC. ALLEGATIONS OF FACT 1. Gary and Emma Worthy own Jody's Bar and Grill Located at 404 First Street, Ste. # F and G within the jurisdiction of the City of Yelm and regulated by the Thurston County Public Health and Social Services Department. 2. Jody's Bar and Grill is a Limited Liability Corporation registered with the Washington State Secretary of State. 3. On March 25, 2016 upon receiving a complaint of accumulated refuse, the Thurston County Public Health and Social Services Department found the complaint valid and ordered proper disposal and storage in a dumpster refuse on site. 4. Follow up inspections by Thurston County Public Health and Social Services Department on March 29th and April 1st found the violations ongoing. 5. On April 5, 2016 the City of Yelm via The US Post Office addressed the failure to contract for the deposit and removal of refuse. Failure properly store and dispose is a violation of the Yelm Municipal Code. The City of Yelm requested the violation be corrected by April 15, 2016. 6. On April 15, 2016 the Thurston County Public Health and Social Services Department in the complaint follow found Jody's Bar and Grill to be still in violation City of Yelm Municipal Code. ALLEGATIONS OF LAW A. The above described real property is within the City of Yelm. B. Use of the property as a Food Service Establishment is allowed in the Central Business District Zone C. Failure to contract for refuse services is in violation of Chapter 8 of the Yelm Municipal Code. IT IS ORDERED THAT Jody's Bar and Grill contract with Pacific Disposal for the removal and storage for refuse generated by the restaurant. Failure to comply with the terms of this notice of violation may result in further actions by the City of Yelm, including, but not limited to the issuance of additional civil penalties of up to $250.00 per day of violation or further enforcement action through a court of competent jurisdiction. Signed in Yelm, Washington this _19_ day of _April_, 2016. Gary Carlson Building Official NOTICE: Pursuant to Section 1.16.060 YMC, the person incurring a penalty may appeal the determination that a violation occurred or may request remission or mitigation of the penalty by filing a written request and an appeal fee of $50 to the Community Development Department within 30 days of receipt of the notice. The written appeal must be include the name and mailing address of the petitioner, a separate and concise statement of each error alleged to have been committed, and a concise statement of facts upon which the petitioner relies to sustain the statement of error. copy. Brent Dille, City Prosecuting Attorney Bob Poole, Thurston County Public Health and Social Services Department Betsy Peabody i)