Nguyen NOV amended corrective actions.pdfCITY OF EDMONDS
1215 th Avenue North, Edmonds WA 98020
Phone: 425.771.0220 • Fax: 425.771.0221 • Web: www.edmondswa.gov
DEVELOPMENT SERVICES DEPARTMENT • PLANNING DIVISION
•
Location of Violation (Address and/or description of location): The vacant parcel north of
Haines Wharf Park addressed as 16106 75th Place West - 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 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 previously untopped, healthy red alder trees 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 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.
In this case, since the absentee landowner did not authorize the cutting and it is unknown who
authorized the work or performed it, no base fine is established. While it seems 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 is imposed without prejudice to any other civil, criminal, injunctive or other remedy
and/or penalty available to the City.
Original Corrective Action (April 27, 2015): 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 is required and shall be completed by the end of 2017. An
inspection shall be scheduled with the City after this work is complete.
Within three months of the date of issuance of this 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 in accordance with ECDC 23.40.220.C.7.a. An inspection shall
be scheduled with the City after this work is complete.
Revised Corrective Action (June 30, 2015): 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 is required and shall be completed by the end of 2017. An
inspection shall be scheduled with the City after this work is complete.
Within three months of the date of issuance of the original April 27 notice (July 27, 2015), "no
trespassing" signs shall be posted at the site. The downed wood may be pulled and removed or
chipped and spread across the site. Invasive species on the site such as blackberries may be
retained at this time or may be removed using hand labor and light equipment in accordance
with ECDC 23.40.220.C.7.a. If the invasive vegetation is to be removed at this time, appropriate
erosion BMPs must be installed in accordance with an approved geotechnical report. An
inspection shall be scheduled with the City after this work is complete.
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 July 14 at 4:00 pm. The appeal filing fee is $705.
Date Posted: Date Mailed:
Date Served: June 30, 2015
Issuing Party: Mike Clugston Title: Associate Planner, Development Services
DepartmentT'vw
Signature 4�w UA�