Florez Attorney Letter.pdfSeptember 23, 2019
Rick Nissen
Attorney -at -Law
PO Box 1355
Lynnwood, WA 98046
Re: COD2016-0235 — Construction of retaining wall in ESLHA
Dear Mr. Nissen:
It is my understanding that from your recent correspondence to the City of
Edmonds dated September 9, 2019 regarding the above referenced retaining wall,
that your clients, Jorge and Marie Florez, would like to "abandon the project" at
16000 75th Place West, Edmonds.
The City would like to respond to your statement. In short, your clients do
not have an option to simply "abandon the project." The City has made it
abundantly clear, through the issuance of over 50 Notices of Violation, that your
clients built a wall (and subsequently a concrete stair system) without a City
permit. They are required to either justify the construction of the retaining wall
and other illegally built elements or demolish them. With either of these
corrective actions, your clients are required to obtain permits from the City.
As you know, the City has been attempting to resolve this issue with your
clients since December 6, 2016, when the City issued a Stop -Work Notice. The
Notice was intended to halt your clients from further building a retaining wall on
BNSF Right -of -Way, adjacent to their home.
Thereafter, on January 25, 2017, the City issued your clients an "Order to
Correct Violation." This Order informed your clients that they had violated
Edmonds Community Development Code by constructing a retaining wall in the
North Edmonds Earth Subsidence Landslide Hazard Area "ESLHA" without a
building permit. The Order required your clients to either obtain a building permit
for the retaining wall, or a demolition permit to remove the wall. Corrective
action was required to occur no later than February 10, 2017. Abandonment of
the project was never a corrective action contemplated, much less approved by,
the City.
N600 Stewart Street, Suite 400, Seattle, WA 98101 P 206.273.7440 , F 206.273.7401 www.lighthouselawgroup.com
No corrective action was taken by the February deadline. In fact, your
clients did not communicate at all with the City until June 9, 2017. In the
meantime, the City had issued multiple Notices of Violation (beginning on April
24, 2017) along with associated fines of $100. At all times, the City informed
your clients that if progress was made toward obtaining proper permits to build or
remove the wall, the City would suspend the issuance of Notices of Violation and
associated fines.
On June 9, 2017, your clients informed the City that they had been
working with BNSF to obtain permits. As soon as BNSF would issue its permits
to your clients, your clients were then going to apply for the required City permits.
For many subsequent months, your clients informed the City that they were in the
process of obtaining geotechnical reports and land surveying; moving toward
obtaining the appropriate permits. To date, however, the City has not received an
application to permit or remove the wall and encroachments. Thus, your clients
are still in violation of the City code.
Not only has the City attempted to gain compliance from your clients, but
so has BNSF. On April 9, 2019, BNSF informed your clients that the unpermitted
wall constituted an illegal and continuing trespass under Washington law and that
your clients were required to finalize plans to permit the wall or remove all
encroachments. BNSF indicated that it would have no choice but to file suit
should your clients fail to comply.
Like BNSF, the City has worked with your clients since December 2016,
almost three years, to address this issue. While your clients have indicated a
preference to "abandon the project," this is simply not an option. They are
required to obtain a permit for the structure or to obtain a permit to remove the
structure. There is no other path available to them to achieve compliance.
This letter serves to give your clients one last opportunity to gain
compliance. If your client fails to submit to the City a full and complete
application within 30 days from the date of this letter, the City will have no other
option but to file a lawsuit in Snohomish County Superior Court to obtain a
warrant of abatement. There will be no facts in dispute since your clients failed to
appeal the Notices of Violation, which will be the basis for the warrant. The
warrant would order your clients to remove the wall and any associated
constructed elements at their cost. The City will seek damages in the form of
attorneys' fees and costs in bringing forth a lawsuit.
M600 Stewart Street, Suite 400, Seattle, WA 98101 P 206.273.7440 : F 206.273.7401 www.lighthouselawgroup.com
We recommend that your clients contact the City Building Division as
soon as possible and speak to either a permit coordinator or the building official to
discuss the permitting process and obtain a list of submittal requirements. In the
meantime, we look forward to compliance within the requisite time -frame.
Sincerely,
Lighthouse Law Group PLLC
Patricia Tarada
Y
Edmonds City Attorney
CC via email:
Shane Hope, City of Edmonds' Development Services Director
Leif Bjorback, City of Edmonds' Building Official
Dan Gooding, City of Edmonds' Code Enforcement Officer
0 600 Stewart Street, Suite 400, Seattle, WA 98101 P 206.273.7440 F 206.273.7401 www.lighthouselawgroup.com