Neal_NOV_MonetaryFine.pdft 891J
121 5th Avenue North, Edmonds WA 98020
Phone: 425.771.0220 ® Fax: 425.771..0221 ® Web: www.edmondswa.gov
DEVELOPMENT SERVICES DEPARTMENT ® PLANNING DIVISION
MONETARY
f"'INE,
Location of Violation (Address and/or description of location): The violation occurred within the
common area (Tract "A") of the Lorian Woods Plat/Planned Residential Development (PRD),
Edmonds, WA. Tax Parcel No. 00790400099800.
Issued To: Theresa Neal and Redwood Tree Service
Address of persons/entities This Order Is Issued To:
Theresa Neal Redwood Tree Service
16116 — 72nd Avenue West Pete McVey
Edmonds, WA 98026 32021 NE 60th
Carnation, WA 98014
Code Section Violated: Edmonds Community Development Code (ECDC) 23.40.160 Review
Criteria, ECDC 23.40.220 Allowed Activities within Critical Areas, and ECDC 23.80.040 Allowed
Activities within Geologically Hazardous Areas.
Description of Violation: Ms. Neal resides at 16116 — 72 Avenue West on property just east of
the Lorian Woods Plat/PRD. The Neal residence is located on top of a west -facing steep slope with
near vertical bluffs. This steep slope area and the western portion of the Neal property are located
within the North Edmonds Earth Subsidence and Landslide Hazard Area and is considered a critical
area pursuant to ECDC 23.80.020. Redwood Tree Service, at the direction of Ms. Neal, topped a
20 -inch diameter big leaf maple located on the steep slope in the Lorian Woods common area and
outside of her property boundaries. Ms. Neal, Certified Arborist Tony Shoffner, and Paul
Stoltenberg of The Galli Group Geotechnical Consulting noted the maple tree had been previously
topped. Ms. Neal noted the current topping occurred approximately 5 feet below the previously
topped level, while the Geotechnical Report prepared by the Galli Group dated May 19, 2014
indicates the topping occurred approximately 10 feet below the previously topped level.
Since the slope where the cutting occurred is a potential landslide hazard as defined by the City's
critical areas regulations (ECDC 23.80.020), the area is subject to the provisions of ECDC 23.40 —
Environmentally Critical Areas General Provisions and ECDC 23.80 — Geologically Hazardous
Areas.
ECDC 23.40.220 details activities that are allowed in critical areas and critical area buffers in
general, and ECDC 23.80.040 details activities that are allowed in geologically hazardous areas. The
cutting of vegetation on the slope does not fall under any of the allowed activities identified in ECDC
23.40.220 or ECDC 23.80.040. ECDC 23.40.160 requires any alteration of a critical area to be
reviewed and approved, approved with condition, or denied based on criteria established in ECDC
23.40.160 and the City's critical area regulations. Pursuant to ECDC 23.40.320, "Alteration" means:
...any human -induced action which changes the existing condition of a critical area or its buffer.
Alterations include, but are not limited to: grading; filling; dredging; draining; channelizing;
cutting, pruning, limbing or topping, clearing, relocating or removing vegetation; applying
herbicides or pesticides or any hazardous or toxic substance; discharging pollutants; paving,
construction, application of gravel; modifying for surface water management purposes; or any
other human activity that changes the existing landforms, vegetation, hydrology, wildlife or
wildlife habitat value of critical areas.
The topping of the maple tree below the previously topped level is an unauthorized alteration within
a critical area.
Monetary Penalty: ECDC 23.40.240.E — Unauthorized critical area alterations and enforcement —
establishes that violations of the critical area code are subject to penalties set forth in ECDC
18.45.070 and 18.45.075. ECDC 18.45.070.13 establishes a civil penalty in an amount not to exceed
$1,000 penalty for a tree of up to three inches and $3,000 for a tree three inches or more. Pursuant to
ECDC 18.45.070.C, the fines established in ECDC 18.45.070.13 shall be tripled for clearing which
occurs within any critical area or critical area buffer, or public right-of-way.
The arborist report prepared by Shoffner Consulting dated May 18, 2014 identifies the tree that was
cut as a 30 -inch diameter big leaf maple tree. A base fine of $1,700 under ECDC 18.45.070.13 is
being assessed. The base fine established pursuant to ECDC 18.45.070.13 is tripled to $5,100 due to
the cutting location within a critical area in accordance with ECDC 18.45.070.C. This penalty
amount is supported by: (i) the plain text of the ECDC with respect to unauthorized alterations within
a critical area; (ii) Ms. Neal's awareness of the City's critical area regulations due to the fact that she
recently went through the permitting process for a deck located on the west side of her residence
which detailed the sensitive nature of the slope where the tree is located; and (iii) Ms. Neal's
directing of the tree cutting to occur outside her property boundary. The total civil monetary
penalty assessed for the above -referenced violation is $5,100.
This Notice is imposed without prejudice to any other civil, criminal, injunctive or other remedy
and/or penalty available to the City.
Corrective Action: No corrective action is required for this violation. The arborist report noted the
likelihood of survival for the tree is very high and the geotechnical report found that the impact of the
topping will not be significant given the trees likely recovery.
Dote: els. Deal and/or redwood 'free Service must pay the monetary penalty of $5,100 by
August 5,12014. 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 August 1, 2014 at 4:00 pm. The appeal filing fee is $705.
Date Posted: Date Mailed: Date Served: July 22, 2014
Issuing Party Shane Hope Title Director, Development Services Department
Signature ��