Florez 9-6-18.doc
December 28, 2016
Resident or
Jorge Florez
16000 75th Pl. W.
Edmonds, WA. 98026
RE: COD2016-0235 - Construction in ESLHA
Dear Mr. Florez,
This letter is a follow-up to the Notice issued at your property on December 6, 2016 and your subsequent visit to the permit office on December 12. 2016. As you’ve been informed, this
development is in violation of the City’s development code since your property is located in the North Edmonds Earth Subsidence Landslide Hazard Area (ESLHA). You have begun the application
process to obtain a demolition permit to remove the structure(s) and execute any mitigation requirements. It is my understanding that geotechnical/environmental reports are required
in order to process the application. Please contact a Permit Coordinator if you’re not sure what application materials are required.
An inspection of December 21, 2016 showed that erosion control measures had not been executed as required by the Notice issued December 6, 2016. A handout for erosion and sediment control
is enclosed. If you have any questions regarding erosion control, please contact the “Engineering Technician on Duty” at the permit office. Please execute effective erosion control
measures by January 4, 2017.
You were given the contact information for BNSF Railway on December 12, 2016 and as of December 27, 2016, they had not been contacted. You’ll need to establish the property line between
your property and BNSF property. If the construction is on BNSF property, they may require permits as well. Please contact Megan Reagan at BNSF by January 3, 2017:
Megan Reagan
Manager Engineering
NW Division Construction
BNSF Railway Co.
2454 Occidental Ave S #2D
Seattle, WA 98134
206-625-6413
206-423-4371 cell
Megan.Reagan@BNSF.Com
Please contact this office by January 4, 2017 and update the City on your progress in completing the application process. It would be the City’s obligation to establish and enforce
specific compliance dates if reasonable and sufficient progress is not demonstrated. Thank you in advance.
Sincerely
Mike Thies
Code Enforcement
Development Services
City of Edmonds
Mike.thies@edmondswa.gov
425-771-0220
c. Building Dept., BNSF
January 18, 2017
Dear Mr. Florez,
Please advise your status on your permit application with BNSF. Their permit department has informed me they have no issued or pending applications.
Sincerely
Mike Thies
March 10, 2017
Dear Mr. Florez,
Please advise regarding your status regarding your permit application with BNSF at your earliest convenience by March 22, 2017. Their permit department has informed me that they have
received nothing toward this application.
Sincerely,
Mike Thies
March 23, 2017
Dear Mr. Florez,
As of today, neither the City, nor BNSF has received information regarding your application to construct a wall and other developments in the North Edmonds Earth Subsidence Landslide
Hazard Area (ESLHA). The City issued an Order to Correct on January 25, 2017 and made another update request on March 10, 2017 noted above. At this point the City is obligated to
issue a Civil Violation which includes a fine of $100 per day during which the violation continues.
The City is always hesitant to use the Notice of Violation fines. The reasoning being that the City believes that it makes more sense to allocate any funds toward violation corrections
instead of adding costs to those corrections. In the majority of cases when a property owner is advised of a required action, the property owner will choose the opportunity to comply
rather than spend additional time and money in the enforcement process.
In some cases, property owners will ignore City requests or simply not communicate. In these cases the City has no other option but to continue the standard enforcement process - 1)
request, 2) Order to Correct, 3) Notice of Violation and fines. In these cases property owners can find that they owe hundreds, and in some cases, thousands of dollars in fines.
Please be advised that once the Notice of Violation fines are issued, I cannot withdraw them and they are in effect until the violation is corrected. Unpaid fines are forwarded to
the City’s collection agency.
Accordingly, please submit the required application materials by April 10, 2107 so that a permit (development or demolition) can be issued by the City. If there are issues with contractors
or engineers that are delaying the application, it is expected that you will keep the City and BNSF apprised. Although, some types of delays are understandable, it is nearing 4 months
since you were first notified of the violation. Because this is a violation, it is expected that it is given a necessary priority. If no application or appropriate communication is
received, the City’s options would be limited to issuing Notices of Violation.
Please let me know if you have any questions. Thank you in advance for your cooperation.
Sincerely,
Mike Thies
Code Enforcement Inspector
Mike.thies@edmondswa.gov
June 12, 2017
Dear Mr. Florez,
I am in receipt of your letter dated and received on June 9, 2017. This is the information requested above on December 28, 2016, January 18, 2017, March 10, 2017 and March 23, 2017.
As noted in my March 23, 2017 letter, “If no application or appropriate communication is received, the City’s options would be limited to issuing Notices of Violation.” No communication
was received until your June 9, 2017 letter. Accordingly, it was necessary for the City to issue Notices of Violation (NOV) dated April 24, 2017, April 26, 2017, April 27, 2017, May
1, 2017, May 2, 2017, May 10, 2017, May 16, 2017, May 18, 2017, May 23, 2017, May 25, 2017 and June 6, 2017 to total $1,100.00. This total will be due at the time of your application.
The City can refrain from issuing more NOVs if appropriate progress is evident while you complete your application materials for BNSF and the City of Edmonds. Conversely, if no application
materials are submitted and communication ceases, the City would be obligated to issue more NOVs.
Thank you in advance for addressing this violation.
Sincerely,
Mike Thies
July 7, 2017
Dear Mr. Florez,
As of today, BNSF and the City have not received any information regarding the BNSF application or been updated on when that will be submitted. If no information is received next week
it will be necessary for the City to issue additional Notices of Violation fines.
Sincerely,
Mike Thies
October 16, 2017
Dear Mr. Florez,
It is the City’s understanding that you have been submitting plans to BNSF. Please advise by October 24, 2017 when you expect to be completed with that process and will be submitting
your City application. Please retain your application materials as they may be relevant to the City application as well.
Thank you.
Mike Thies
December 5, 2017
Dear Mr. Florez,
I heard from BNSF this morning that the engineering company has not been able to get ahold of the owner (you) to discuss the review comments. The majority of the comments appear to
be related to the site plan, so the engineer has been trying to get ahold of you to get the surveyor back out to the property to obtain additional information.
Given that it has now been a year since the violation first occurred, the City doesn’t understand why there would be further delays and the necessity of issuing more fines.
Please address the final issues on your violation by December 10, 2017. The City doesn’t want to act as a reminder service for you to complete your applications. It is your responsibility
to follow up with your subcontractors and BNSF.
I will check next week to see that BNSF has what they need. If not the City will begin issuing fines again.
Sincerely,
Mike Thies
September 7, 2018
Dear Mr. Florez,
I am in receipt of your letter dated and received on June 9, 2017. This is the information requested above on December 28, 2016, January 18, 2017, March 10, 2017 and March 23, 2017.
As noted in my March 23, 2017 letter, “If no application or appropriate communication is received, the City’s options would be limited to issuing Notices of Violation.” No communication
was received until your June 9, 2017 letter. Accordingly, it was necessary for the City to issue Notices of Violation (NOV) dated April 24, 2017, April 26, 2017, April 27, 2017, May
1, 2017, May 2, 2017, May 10, 2017, May 16, 2017, May 18, 2017, May 23, 2017, May 25, 2017 and June 6, 2017 to total $1,100.00 as of June 12, 2017.
Because you quit communicating with the City and have made no discernable progress in your demolition application it was necessary for the City to reinstitute Civil Violations. These
were issued on December 14, 2017, December 28, 2017, January 22, 2018, July 17, 2018, July 24, 2018, July 31, 2018, August 7, 2018, August 9, 2018, August 14, 2018, August 21, 2018,
August 23, 2018, August 24, 2018, August 28, 2018, August 30, 2018 and September 5, 2018 for a grand total of $2600.00. This total along with any more fines issued in the meantime,
will be due at the time of your application. Application fees can also be increased to 5 times the amount for violations, depending on the level of cooperation.
The City can refrain from issuing more NOVs if appropriate progress is evident while you complete your application materials for BNSF and the City of Edmonds. Conversely, if no application
materials are submitted and communication ceases, the City would be obligated to issue more NOVs and consider multiplication of permit fees.
Thank you in advance for addressing this violation.
Sincerely,
Mike Thies
( Incorporated August 11, 1890 (
Sister City – Hekinan, Japan
DAVID O. EARLING
MAYOR
CITY OF EDMONDS
121 5TH AVENUE NORTH ( EDMONDS, WA 98020 ( 425.771.0220 ( FAX 425.771.0221
Website: www.edmondswa.gov
DEVELOPMENT SERVICES DEPARTMENT
Planning ( Building