PLN20120026 Notice of Violation and Monetary Fine.pdfCITY OF EDMONDS
121 5t" Avenue North, Edmonds WA 98020
Phone: 425.771.0220 • Fax: 425.771.0221 • Web: www.edmondswa.gov
DEVELOPMENT SERVICES DEPARTMENT ® PLANNING DIVISION
"nc_ 189"
Location of Violation (Address and/or description of location): 21321 Pioneer Way
Issued To: Joseph Hampson
Address Of Person This Order Is Issued To: 21321 Pioneer Way. Edmonds. WA 98026
Code Section Violated: Edmonds Community Development Code (ECDC) 18.45.020 Land
clearing and tree cutting without a permit and ECDC 23.40.220 Allowed activities within critical
areas.
Description of Violation: The property owner allowed the cutting; of three big leaf maple tree
clusters located at 21321 Pioneer Way without a tree cutting permit from the City of Edmonds.
The three trees are located in an area on the property that has slopes of over 40 percent according
to the City's LiDAR information, which qualifies as a critical area (Erosion Hazard Area and
Landslide Hazard Area). Pursuant to ECDC 18.45.030.A, a tree cutting permit is required for
cutting trees on improved single-family lots where the slope exceeds 25 percent. Pursuant to
ECDC 23.40.220.C.7, hazardous trees and invasive species may be removed from critical areas;
however, the arborist report and geotechnical report submitted with the post -event tree cutting
permit application File No. PLN20120026) did not document sufficient hazard to be exempt
from permit requirements.
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 that any person found to be
in violation of the provisions of ECDC 18.45 shall be subject to a civil penalty in an amount not
to exceed a $1,000 penalty for a tree of up to three inches and $3,000 for a tree three inches or
more. All trees cut exceeded three inches in diameter. Pursuant to ECDC 18.45.070.0 the fines
established in ECDC 18.45.070.13 shall be tripled for clearing which occurs within any critical
area or critical area buffer.
Pursuant to ECDC 18.45.070.13, a fine of $200 per tree is hereby assessed, which according to
ECDC 18.45.070.0 is tripled to $600 per tree because the activity occurred within a critical area.
This penalty amount is supported by: the plain text of the ECDC with respect to unauthorized
tree cutting_(ii) the trees were not cut completely down to the ground and will continue to be
viable per the project arborist, and (iii) the property owner's submittal of a complete application
for mitigating the violation. The total civil monetary penalty assessed for the above -
referenced violation is $1,800.00.
Corrective Action Required: In addition to the monetary penalty imposed above, Mr. Hampson
is required to perform the mitigation for the violation detailed in the conditions of approval for
PLN20120026 as approved by the City of Edmonds through the administrative conditional use
process.
Correction is Required No Later Than: Pursuant to the approval under PLN20120026, all
required mitigation work must be completed by October 31, 2013. Full payment of the monetary
penalty imposed above shall occur no later than May 31, 2013.
This Notice is imposed without prejudice to any other civil, criminal, injunctive or other remedy
and/or penalty available to the City.
Note: Mr. Hampson must correct the violation as directed above, and pay the
monetary penalty of $1,800.00. 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 May 13, 2013 at 4:00
The appeal filing fee is $705.
Date Posted: N/A Date Mailed: May 1, 2013 Date Served: N/A
Issuing Party Jennifer Machuga Title Associate Planner
Signature