Nguyen issued NOV.pdf`nc. 199„
CITY OF EDMONDS
1215th Avenue North, Edmonds WA 98020
Phone: 425.771.0220 • Fax: 425.771.0221 • Web: www.edmondswa.
DEVELOPMENT SERVICES DEPARTMENT • PLANNING DIVISION
Location of Violation (Address and/or description of location): The vacant parcel north of
Haines Wharf Park - Parcel No. 00513105900600.
Issued To: Chien D. Nguyen
Address of persons/entities This Order Is Issued To:
Chien D. Nguyen
10028 Marine View Drive
Mukilteo, WA 98026
Description of Violation: On or about February 17, 2015, staff from the City of Edmonds Parks
& Recreation Department found evidence of tree cutting (topping) at the vacant parcel
immediately to the north of Haines Wharf Park. The subject parcel is owned by Mr. Nguyen.
The parcel is located within the North Edmonds Earth Subsidence and Landslide Hazard Area
and is considered a critical area pursuant to ECDC 23.80.020.
According to Neal Baker, a certified arborist with ArboristsNW retained by Mr. Nguyen, 13
healthy Red Alders, which had not been previously topped, were topped at approximately 15-
20'. However, while the cutting (topping) was performed on Mr. Nguyen's parcel, he did not
have knowledge of the work. It is unknown who authorized or performed the work.
Code Sections 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.
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 «fa critical area orits
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 »fgravel, nnodifvingfor surface
water management purposes, or any other human activity that changes the existing
/ondfonns,vegetation, hydrology, w/iluVifeDrwiloYife habitat value «fcritical areas.
The topping of the previously untopped, healthy red alder trees is an unauthorized alteration
within a critical area.
Monetary Penalty: ECDC23.40.24O.E(Unauthorized critical area alterations and enforcement)
establishes that violations of the critical area code are subject to penalties set forth in ECDC
l8.45.O7Oand l0.45.O75. ECDCl8.45.07O.Bestablishes acivil penalty inonamount not to
exceed $l,OOOfor atree ofuptothree inches and $9,000for atree three inches ormore.
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.
In this case, since the absentee landowner did not authorize the cutting and itisunknown who
authorized the work orperformed it, nObase fine is established. While itseems likely that a
nearby neighbor had the work performed to improve a view of Puget Sound, there is no
evidence available to support this.
This notice i6imposed without prejudice hoanyotherckviichrninaii junCtkxeorotherrennedy
and/or penalty available to the City.
Corrective Action: The arborist report from Neal -Baker recommended that the red alders be
correctively pruned in 2-3 years to re-establish the central trunk normally associated with red
alders. This isrequired and shall becompleted bythe end of2Ol7. Aninspection shall be
scheduled with the City after this work iscomplete.
Within three months ofthe date nfissuance Ofthis notice, "no trespassing" signs shall be
posted at the site and invasive species on the site such as blackberries shall be removed using
hand labor and light equipment inaccordance with ECDC2S.4O.22O.[.7.a. Aninspection shall
bescheduled with the City after this work iscomplete.
i his decision is appealable to the City of Edmonds Hearing Examiner by filing a complete
no later than MaV I at 4:00 pm. The appeal filing fee is $705.
Date Posted: Date Mailed: Date Served: April 17, 2015
Issuing Party: lo Director, DevelopMent Services Department
Signature