NOV road Thuesen - BLD20110775.pdfCITY OF EDMONDS
DEVELOPMENT SERVICES DEPARTMENT
121 5th Avenue North, Edmonds, WA 98020
MONETARY FINE
Location of Violation (Address and/or description of location): Parcel Numbers 27032400225200,
and 27032400225100 which are addressed as 514 8th Avenue North and 509 91h Avenue North,
Edmonds, WA 98020
Issued To: Eric Thuesen
Address Of Person This Order Is Issued To: 509 9th Avenue North, Edmonds, WA 98020
Code Sections Violated: Edmonds Community Development Code (ECDC) ECDC 23.40.040
Jurisdiction; ECDC 23.40.220 — Allowed Activities; ECDC 23.40.230 — Exemptions; ECDC 23.80.040
— Allowed activities — Geologically hazardous areas.
Description of Violation: As noted in the associated Order to Correct issued on October 9, 2012, a
building permit for the construction of a cabana and retaining wall at 509 9th Avenue North was issued
to Mr. Thuesen on June 28, 2012 (BLD20110775). At a site inspection on July 30, 2012, it was noticed
that a dirt access road had been created from 8th Avenue North to the west of the cabana site apparently
in order to provide access for construction vehicles to get to the work area. The area west of the cabana
construction site is a steep slope area qualifying as both erosion and landslide hazard areas, as was
indicated in the geotechnical report associated with the cabana permit. All alterations to critical areas
(i.e. erosion and landslide hazard areas) must be approved by the City per ECDC 23.40.220, unless the
activity is exempt per ECDC 23.40.230.
Based on subsequent review of the building permit information, however, it was found that the dirt
access road was not shown on the approved site plan for the building permit nor was it discussed or
mitigated for in the associated geotechnical report. In short, the creation of the dirt access road was not
within the scope of the underlying permit for the cabana and retaining wall. The dirt access road was
therefore created in an erosion and landslide hazard area without first obtaining the proper approval
from the City in violation of city code. (ECDC 23.40.220; ECDC 23.40.230; ECDC 23.80.040). A
subsequent field inspection on September 21, 2012 verified these conditions at the site.
Corrective Action Required: In addition to the timely payment of any monetary penalties imposed as
a result of this Order, Mr. Thuesen shall submit a restoration plan for the site as a revision to
BLD20110775 as was described in the associated Order to Correct issued on October 9. 2012. The dirt
road area shall remain unused and shall remain stabilized until a revision to BLD20110775 is approved
by the City.
In accordance with ECDC 23.40.240.13, the restoration plan for the dirt road area must meet the
minimum standards identified in ECDC 23.40.240.C.2. The plan, and an updated geotechnical report,
must meet the development criteria found in ECDC Chapter 23.80, specifically in ECDC 23.80.060 and
23.80.070. Any and all work required to restore the property, including all work done in preparing the
restoration plan itself, shall be paid for by Mr. Thuesen in accordance with ECDC 23.40.240.A.
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The restoration plan, updated geotechnical report, and any other required information shall be submitted
as a revision to the original cabana building permit (BLD20110775). If an access road from the west is
proposed to be used again in the future, Mr. Thuesen shall include that information in the revision
showing the road on the plans while updating the associated geotechnical report to discuss the
construction of the road and its impact on the steep slope area, including post -cabana construction
mitigation for the road area.
No vehicles shall access the cabana site from the west until a revision to building permit BLD20110775
and the associated geotechnical report are reviewed and approved by the City.
Correction is Required no later than: November 5, 2012. As noted in the associated Order to
Correct issued on October 9, 2012, correction of the referenced violation was required by October 23,
2012. While it is noted that the Applicant has stabilized the site using best practices for erosion and
sediment control, the City has not received the required restoration plan prepared as part of a revision to
BLD20110775. Therefore, the City of Edmonds is issuing this Notice of Civil Violation pursuant to
ECDC 20.110.040.13 and monetary penalties will begin to accrue on October 24, 2012. A $100 per day
fine will be assessed in accordance with ECDC 20.110.040.E beginning on October 24, 2012, for each
and every day or portion of a day on which the violation continues.
If any required work to correct the violations(s) in this Order is not commenced or completed within the
time specified by this notice and order, the City may proceed to file a lawsuit to obtain a warrant to
abate the violation and cause the work to be done and charge the costs thereof as a lien against the
property and as a joint and several personal obligation of any persons responsible for code compliance.
Or, the City may file a lawsuit against the homeowner to obtain a warrant for abatement or an injunction
to stop continuing violation(s).
If any assessed penalty, fee or cost is not paid on or before the due date, the City may charge the unpaid
amount as a lien against the property where the civil code violation occurred if owned by a person
responsible for code compliance and as joint and several personal obligations of all persons responsible
for code compliance.
Costs of pursuing code enforcement and abatement incurred to correct a code violation that exceed the
amount of the penalty may also be assessed against the person to whom the notice and order is directed.
Such costs include legal and incidental expenses to the extent that these costs exceed the amount of the
penalty paid. Such costs are due and payable thirty days from mailing of the invoice.
Appeal of This Order: In accordance with ECDC 20.110.040.C, 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 November 5, 2012 at 4:30 pm. The appeal
filiniz fee is $705 and full payment of this fee must accompany the written notice of appeal. The Notice
of Appeal shall comply with the rules set forth in the ECDC or the appeal may be dismissed by the
Hearing Examiner.
Enforcement of this Notice and Order shall be stayed as to the appealing party during the pendency of
any administrative appeal, except when the Director determines that the violation poses a significant
threat of immediate and/or irreparable harm and so states in the Notice and Order.
Upon motion of the City, the Hearing Examiner may assess the costs of an appeal hearing including but
not limited to, the hearings examiner's fees and reasonable costs of staff time, if the Hearing Examiner
finds the appeal was frivolous. Any appellant who fails to appear at his or her appeal hearing, unless for
good cause shown, shall be responsible for the hearings examiner's costs.
Failure to Appeal This Order: Failure to appeal a Notice of Civil Violation and Order as provided in
this subsection constitutes as waiver of all rights to an administrative hearing and determination of the
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matter. Failure to appeal shall render the Notice of Civil Violation and Order a final determination that
the conditions described in the Notice and Order existed and constituted a civil code violation, and that
the named party or parties is (are) liable as a person(s) responsible for code compliance.
This Notice and Order are imposed without prejudice to any other civil, criminal, injunctive or other
remedy and/or penalty available to the City.
Date Posted: N/A Date Mailed: October 24, 2012 Date Served: N/A
Issuing Party: Mike Clugston, AICP Title: Associate Planner
Signature:
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