Hathaway Tree Cutting NOV - Notice of Hearing.pdfw 'n
I'I'I' OF EDMONDS ®121 5th AVENUE NORTH ®EDMONDS, WA 98020
O22sWEB:
Nwv6dun4niPHONE:
DEVELOPMENT SERVICES DEPARTMENT: BUILDING
February 22, 2010
Michael Hathaway
1526 491h St. NE
Tacoma, WA 98422
Dear Mr. Hathaway,
The purpose of this letter is to notify you that the hearing on the administrative appeal you filed on
January 25, 2010 has been scheduled for March 18, 2010 at 3:00 p.m. in the City Council Chambers of
Edmonds City Hall. The appeal has been designated as APL -2010-0001 and will be heard by the City of
Edmonds Hearing Examiner.
This letter also serves to inform you of the City's intent to initiate formal code enforcement proceedings
against you if the Hearing Examiner ultimately denies your appeal. You informed the City via email on
January 25, 2010 that you were responsible for removing four evergreen trees located within a critical
area on the Strand property at 17035 '76th Avenue West on Sunday, January 24, 2010 (enclosed). The
removal was confirmed in the photographs below, which were taken during a site visit to the Strand
property on Monday, January 25:
As you are aware, the four evergreens (together with a stand of still -intact deciduous trees on the other
side of the site) were the subject of an administrative conditional use permit for tree cutting (CU -2008-40)
previously issued on February 10, 2009. The CUP allowed tree cutting work on the Strand property
provided that several conditions were satisfied prior to any work being performed at the site. For nearly a
year after the CUP was issued, you, Mr. Kirschner and Mr. DenAdel attempted to demonstrate that tree
removal under the permit should be allowed to proceed. However, the City informed you by letter dated
January 10, 2010 that removal of the evergreens from the critical area was not yet authorized because the
permit conditions remained unsatisfied. You proceeded to remove the trees notwithstanding the City's
letter.
On Monday, January 25, 2010, the day after you removed the four evergreens on the Strand parcel, you
submitted an appeal of the City's January 10, 2010 letter, asserting your belief that the permit conditions
for CU -2008-40 had been satisfied and that the removal of the evergreens was, in fact, allowed. As noted
above, your appeal will be heard by the Hearing Examiner at an open -record public hearing on March 18,
2010.
Unless the Hearing Examiner grants your appeal and it is determined that the applicable CUP permit
conditions have been satisfied, the City intends to initiate enforcement proceedings against you on the
grounds that the trees at issue were removed in violation of the City of Edmonds Community
Development Code (ECDC) Chapter 18.45 — Land Clearing and Tree Cutting Code and Chapter 23.40 —
Environmentally Critical Areas. Penalties for these violations are set forth at ECDC 23.40.240(E) and
ECDC 18.45.070:
23.40.240 Unauthorized critical area alterations and enforcement.
E. Penalties. Any person, party, firm, corporation, or other legal entity
convicted of violating any of the provisions of this title shall be guilty of
a misdemeanor and subject to penalties set forth in ECDC 18.45.070.
Each day or portion of a day during which a violation of this title is
committed or continued shall constitute a separate offense. Any
development carried out contrary to the provisions of this title shall
constitute a public nuisance and may be enjoined as provided by the
statutes of the state of Washington. The city of Edmonds may levy civil
penalties against any person, party, firm, corporation, or other legal
entity for violation of any of the provisions of this title. The civil penalty
shall be assessed at a maximum rate of $3,000 dollars per day per
violation and/or $1,500 per tree for unauthorized clearing within a
critical area or critical area buffer pursuant to the provisions of ECDC
18.45.070.
18.45.070 Violations and penalties.
A. A violation of any of the provisions of this chapter shall constitute a
misdemeanor. It shall be a separate offense for each and every day or
portion thereof during which any violation of any of the provisions of
this chapter is committed.
B. Any person found violating the provisions of this chapter may be
fined by the planning division manager in an amount not to exceed
$1,000 per day and/or $500.00 per tree. Any fine imposed by the
planning division manager is appealable to the hearing examiner. This
civil fine shall be in addition to any criminal, civil, or injunctive remedy
available to the city.
C. The fines established in subsection (B) of this section shall be tripled
to $3,000 per day and/or $1,500 per tree for clearing which occurs within
any critical area or critical area buffer, in any earth subsidence or
landslide hazard area, in any native growth protection easement or in any
area which is designated for transfer or dedication to public use upon
final approval of a subdivision, planned residential development or other
development permit.
Because you removed the trees from an identified steep slope critical area on the Strand's parcel, the City
intends to impose fines for this violation in the total amount of $6,000.00, or $1,500 per tree. The amount
of this fine is supported by the plain text of the ECDC provisions cited above, the fact that the tree
removal occurred on another landowner's property without the owner's consent, and the fact that this
action was taken in open disregard of the City's January 10, 2010 letter. Please note further that
violations of Chapter 18.45 ECDC and Chapter 23.40 ECDC constitute criminal misdemeanors. Without
prejudice to the City's authority to impose monetary penalties, this matter may be referred to the City's
prosecuting attorney with a request to file criminal misdemeanor charges.
Mitigation for the loss of trees in critical areas is also required by code. This point was addressed in
the staff decision for CU -2008-0040, where Condition #3 states:
If any trees are to be removed, an updated tree replacement plan, planting
schedule, and cost estimate must be created by the project arborist (per
ECDC 23.40.220.C.7.b.iv) that considers vegetation appropriate to the
steep slope and drainage of the area as well as the view easement.
Specific species, sizes and locations for replanting must be indicated. A
maintenance plan for the new vegetation must also be developed that
describes ongoing upkeep of the plantings. Both documents must be
submitted to the City for review and approval prior to any removal.
To mitigate for the loss of the evergreen trees, you will be required to work with the Strands in order to
accomplish the required mitigation measures and to submit the documentation required above.
With respect to the stand of deciduous trees located at the northeast corner of the Strand's parcel,
appropriate maintenance may be performed on those trees as was described in the associated arborist
reports dated December 17, 2007, and August 25, 2008. Neither report recommends topping of the trees,
but rather to reduce their height through selective pruning. It is your responsibility to obtain appropriate
permission from the Strands to allow entrance to their property for the purpose of performing this work.
I am issuing this notice as the Community Development Director's designee. If you have any questions,
please contact me by phone at 425-771-0220 or by email at iri(l�u�i ,.l,(,IiiL,,,io�i(�i)...:i. c (l qi(,.ru:.(.� , v I.uis.
Sincerely,
e ec.
Mike Clugston, AICP
Planner
Enclosure
Cc: Gregory and Kathleen Strand
1703576 th Avenue West
Edmonds, WA 98026
Richard Kirschner
S&K Joint Venture
7503 Braemar Drive
Edmonds, WA 98026
Ron DenAdel
1023 C Ave. S
Edmonds, WA 98020
Donald E. Marcy
Carincross & Hempelmann, P.S.
524 Second Avenue, Suite 500
Seattle, WA 98104