CU-10-79 Notice of Violation.pdfDEVELOPMENT SERVICES DEPARTMENT
121 5th Avenue North, Edmonds, WA 98020
Location of Violation (Address and/or description of location): Parcel Numbers 00513100008701 and
00513100008801 both addressed as 16520 72nd Avenue West Edmonds WA 98020
Issued To: Sabine Birlenbach
Address Of Person This Order Is Issued To: 22613 - 93`d Place West Edmonds WA 98020
Code Sections Violated: Edmonds Community Development Code (ECDC) 18.45.020 — Land clearing and tree
cutting without a permit ECDC 23.40.220 — Allowed activities within critical areas-, ECDC 23.50.040 —
Development standards for wetlands; ECDC 23.80.070 — Development standards for erosion and landslide hazard
areas; ECDC 23.90.040.D — Development standards for streams.
Description of Violation: A tree cutting company hired by Ms. Birlenbach and acting as her agent to reduce the
crowns of 26 previously topped trees as a maintenance activity on two parcels adjacent to property owned by Ms
Birlenbach exceeded the scope of maintenance work initially approved by the city on September 18, 2009 and
unlawfully cut 25 non -hazardous trees located within and adjacent to various critical areas, including landslide
and erosion hazard areas,.a stream wetland and mapped fish and wildlife habitat conservation area. The 25 trees
that were unlawfully cut are in addition to 13 trees that were cut consistent with the city's September 18, 2009
approval for routine maintenance and one hazardous tree that was cut. All tree cutting occurred on property
owned Stephen and Judge Lea.
The City first became aware of this violation when called out to the site to conduct an inspection of the approved
crown reduction work on April 2 2010 Upon staff's inspection of this work it was discovered that the work
conducted far exceeded the approval issued on September 18 2009 to reduce the crowns of 26 previously topped
trees as a maintenance actives Ms Birlenbach submitted a conditional use permit application (File No.
PLN20100079) to mitigate for the violation on December 30, 2010.
Monetary Penalty: ECDC 23.40.240.E — Unauthorized critical area alterations and enforcement — establishes
that the civil penalty for critical area violations shall be assessed as set forth in ECDC 18.45.070 and 18.45.075.
The tree cutting was conducted in the early spring of 2010 prior to the December 2010 increase in tree cutting
fines The fines applicable to this violation are those which were in effect at the time of the cutting. Pursuant to
ECDC 18 45 070 (adopted under Ordinance No. 3646 prior to the update in December 2010), the fines shall be
assessed at a maximum rate of $500 per tree which shall be tripled to a- maximum of $1,500 per tree for
unauthorized clearing within a critical area or critical area buffer.
The Tree Cutting and Restoration Plan prepared by Sean Dugan of Tree Solutions, Inc., dated August 5, 2010,
identified 25 non -hazardous trees that were cut in violation of the code (see Code Sections Violated, above) and
in a manner beyond the scope of what would be considered routine maintenance. This number does not include
the 13 trees that had their crowns reduced consistent with the city's approval of the proposal for routine
maintenance nor the one hazardous tree that was cut. Penalties are being assessed only for the 25 trees that were
cut in violation of the code. Pursuant to ECDC 23.40.240.E and ECDC 18.45.070.C, a fine of $166.66 per tree is
hereby assessed which shall be tripled to $500 per tree instead of the maximum fine of $1,500 per tree) due to
the location of all of the subiect trees within critical areas and/or critical area buffers. This yields a total penalty
of $12,500.
This reduced penalty amount is supported by the following factors: (i) It appears that Ms. Birlenbach was
attempting to do the right thing from the beginning b asking for permission from the city for the proposed crown
reduction work and submitting initial biologist and arborist reports in 2009 supporting the crown reduction work;
(ii) Ms. Birlenbach notified the city to conduct an inspection following the work. At the time of this inspection,
it was noted that Ms. Birlenbach had installed the mitigation plantings that were required as part of the ori ina11X
approved maintenance work, but was also observed that several trees were cut beyond the scope of the cit 's
approval for crown reduction at this site; (iii) Although Ms. Birlenbach did request a few extensions to the
deadline for submitting a tree cutting permit application, sheeg n, erally kept staff informed of her progress on
preparation of a conditional use permit application; and (iv) Although the unlawful tree cutting occurred on
property owned by another private party the owners of the subject property were aware that Ms Birlenbach was
having work done on their property. While Ms. Birlenbach's apparent good -faith attempts comply with the
procedural aspects of the code warrant a reduction from the maximum fine from a substantive perspective she is
still responsible for improperly cutting 25 trees within a critical area and this action warrants a substantial fine
albeit not the maximum, which would have been $37,500.00.
The total civil monetary penalty assessed for the above -referenced violation is $12,500.00
Corrective Action Required: In addition to the timely payment of the monetgU penalty imposed above, Ms.
Birlenbach is required to perform mitigation for the violation as approved and conditioned under Conditional Use
Permit File No. PLN20100079.
Correction is Required no later than: Pursuant to the approval under File No. PLN20100079, all required
Mitigation work must be completed by December 30, 2011. Full payment of the monetary penalty imposed above
shall occur no later than June 30, 2011.
This Notice is imposed without prejudice to any other civil criminal injunctive or other remedy and/or penalty
available to the City.
Note: Ms. Birlenbach must correct the violation as directed above and within PLN20100079,
and pay the monetary penalty of $12,500. This decision is appealable to the City of Edmonds
Hearing Examiner by filing a complete appeal application including written notice of appeal
with the Development Services Director no later than June 6, 2011 at 4:30 pm. The appeal
filing fee is $705.
Date Posted: N/A Date Mailed: May 26, 2011 Date Served: N/A
Issuing Party: Jennifer Machuga Title: Associate Planner
Signature:
Ce: Stephen and Judee Lea, 16520 — 72nd Ave. W, Edmonds, WA 98026