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Notice of Violation - Ronquillo-Schrieber.pdfDEVELOPMENT SERVICES DEPARTMENT 121 5th Avenue North, Edmonds, WA 98020 NOTICE OF VIOLATION AND MONETARY FINE Location of Violation (Address and/or description of location): 18007 Vista Del Mar Drive Edmonds WA 98026 (owned by Janette Ronquillo) Issued To: Janette Ronquillo Address Of Person This Order Is Issued To: 761 Daley Street, Edmonds, WA 98020 Code Section Violated: Edmonds Community Development Code (ECDC) 23.40.220 Allowed activities within critical areas,• ECDC 18.45.020 Permits Description of Violation: Landscapers hired by Ms. Ronquillo's agent, Scott Schrieber, unlawfully down one red alder tree on the subject parcel in late June 2010. This work was done in violation of City code. Mr. Schrieber had been advised previously that the work described was a regulated activity but he did not seek permit approval at that time. Monetary Penalty: ECDC 23.40.240.E — Unauthorized critical area alterations and enforcement — establishes that the civil penalty for critical area violations 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 — Violations and penalties for land clearing and tree cutting. Pursuant to ECDC 18.45.070.C, the penalty for unauthorized land clearing within a critical area buffer is $3,000 per day and/or $1,500 per tree. Pursuant to ECDC 23.40.240.E and ECDC 18.45.070.0 a fine of $1,500 per tree is hereby assessed. This penalty amount is supported by the plain text of the ECDC with respect to unauthorized tree removal within critical areas. The total civil monetary penalty assessed for the above -referenced violation is $1,500.00. Corrective Action Required: In addition to the monetarypenalty imposed above, Ms. Ronquillo must work to restore the site in accordance with the conditions of the approved conditional use permit PLN - 2010 -0064. Date Correction is Required: Pursuant to the conditional approval of PLN -2010-0064, all required mitigation work must be completed by December 8, 2011. Full payment of the monetary penalty imposed above shall occur no later than February 8, 2011. FAILURE TO COMPLETE THE REQUIRED MITIGATION WORK BY THE ABOVE DEADLINES MAY RESULT IN THE IMPOSITION OF ADDITIONAL MONETARY PENALTIES. This Notice is imposed without prejudice to any other civil, criminal, injunctive or other remedy and/or penalty available to the City and/or any other party. Note: Ms. Ronquillo must correct the violation as directed above, and pay the monetary penalty of $1,500. 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 December 22, 2010 at 4:00 nm. The fee to appeal a notice of civil violation is $705. Date Posted: Date Mailed: December 8, 2010 Date Served Issuing Party Michael Clugston Title Planner Signature