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2023-06-08 Hearing Examiner Packeto Agenda - Edmonds Hearing Examiner REGULAR MEETING BRACKETT ROOM 121 5TH AVE N, CITY HALL - 3RD FLOOR, EDMONDS, WA 98020 JUNE 8, 2023, 3:00 PM MEETING INFORMATION This meeting is Hybrid per ECDC ECDC 10.35.010(F) and is located at the Edmonds City Hall 121 5th Ave N, 3rd Floor Brackett Room Zoom Link Meeting Info: https://edmondswa- gov.zoom.us/j/82688031743?pwd=U EROWk5hd U5DN 1dRK1V3 MkR2WTRSdzO9 Passcode: 308007 Or join by phone: 253 215 8782 1. CALL TO ORDER 2, APPROVED MINUTES 3. PUBLIC PORTION A. HEARING MATERIALS 1. Appeal of Shaw Notice of Violation (COD2022-0126) B. PUBLIC COMMENT 4. ADJOURNMENT Edmonds Hearing Examiner Agenda June 8, 2023 Page 1 O Hearing Examiner Agenda Item Meeting Date: 06/8/2023 Appeal of Shaw Notice of Violation (COD2022-0126) Staff Lead: Jeanie McConnell Department: Planning Division Prepared By: Michael Clugston Background/History In September 2020 an unauthorized cutting of four (4) street trees located within the City right-of-way adjacent to 155 3rd Ave S was identified. One of the subject trees is located on 3rd Ave S and the other three trees are located on Dayton Street. In response to the cutting, the City's field arborist inspected the trees and determined that all four trees were cut beyond their ability to recover and that they would need to be removed and replaced. As such, the City's Code Enforcement Officer in conjunction with the Engineering Division began the process of notifying the appellants and seeking corrective action. The authority on street trees lies with the City and as such, the City is the responsible party for determining the health and maintenance of a street tree. In a Tree Assessment Report (Attachment 3 to the staff report) prepared by the City field arborist and dated October 17, 2022, it was concluded that even with corrective pruning efforts by Parks personnel, the trees are irreparable. Through a series of letters, order to correct notices and ultimately notice of civil violations, beginning in November of 2020, the appellant was notified of the required corrective action. In January 2023 the appellant was issued a right-of-way construction permit to remove and replace the subject trees, however, that permit expired prior to any work commencing. A Notice of Violation (NOV) was issued on May 2, 2023 . An appeal of the NOV was submitted by the appellants to the City on May 5, 2023. The City processed the notices and appeal according to ECDC 20.110.040. Staff Recommendation As noted in the attached staff report, staff requests that the Hearing Examiner deny the appeal of the Shaw Notice of Civil Violation and require the appellants to obtain proper permit approvals and complete removal and replacement of the trees as specified in the Notice of Civil Violation. Narrative The associated staff report contains the following Attachments: 1. Vicinity Map 2. ECDC Chapter 18.85 Street Trees 3. City Arborist Assessment Report 10.17.2022 4. Approved Right -of -Way Permit ENG2022-0585 S. Shaw Letter 1 - 11.12.2020 6. Shaw Letter 2 - 12.02.2020 7. Shaw Letter 3 - 07.08.2022 Packet Pg. 2 8. Order to Correct - 11.02.2022 9. Shaw Email - 11.15.2022 10. Response to Shaw Email - 11.21.2022 11. Order to Correct - 12.05.2022 12. NOV - 04.12.2023 13. NOV - 04.19.2023 14. NOV - 05.02.2023 15. Photos 05.30.2023 16. Appeal Letter 17. Appeal Hearing Notice Attachments: Staff Report and Attachments - Shaw Appeal COD2022-0126 Packet Pg. 3 1.a 1 '17c. i �;y" CITY OF EDMONDS 121 5" Avenue North, Edmonds WA 98020 Phone: 425.771.0220 • Fax: 425.771.0221 • Web: www.edmondswa.gov PUBLIC WORKS DEPARTMENT • ENGINEERING DIVISION ENGINEERING DIVISION REPORT & RECOMMENDATION TO THE HEARING EXAMINER Project: Appeal of Notice of Civil Violation dated May 2, 2023, requiring removal and replacement of four (4) street trees within City right-of-way adjacent to 155 3rd Ave S. File Number: COD2022-0126 —Appeal of Notice of Civil Violation Underlying Permits: ENG2022-0585 (Right -of -Way Construction Permit) Date of Report: June 1, 2023 From: Jeanie McConnell, Engineering Program Manager Public Hearing: June 8, 2023 at 3:00 P.M. City Hall: Brackett Room, 2nd Floor 121 5t" Ave North, Edmonds, WA 98020 SUMMARY: In September of 2020 an unauthorized cutting of four (4) street trees located within the City right- of-way adjacent to 155 3rd Ave S was identified. The property location is shown in the Vicinity Map provided in Attachment 1. One of the subject trees is located on 3rd Ave S and the other three trees are located on Dayton Street. In response to the cutting, the City's field arborist inspected the trees and found they were cut beyond their ability to repair. It was determined at that time that all four trees would need to be removed and replaced. As such, the City's Code Enforcement Officer in conjunction with the Engineering Division began the process of notifying the appellants of the violation and seeking corrective action. Additional information on the notification process and action taken is provided below in Section II. As the street trees in question are located within the City right-of-way they are subject to the regulations set forth in Edmonds Community Development Code (ECDC) Chapter 18.85 (Attachment 2). This chapter regulates the maintenance and removal of street trees and specifically states a permit is required and that "No person shall plant, remove, prune or otherwise change a tree on a street, right-of-way, parking or planting strip or other public place without a permitfrom the director of public works." ECDC 18.85.020.0 Permits/Issuance states "The director of public works shall issue the permit if the proposal conforms to the street tree plan, the applicant demonstrates knowledge of the proper care and maintenance of trees, and the director is satisfied that the proposed method and workmanship is adequate." The authority on street trees lies with the City and as such, the City is the responsible party for determining the health and maintenance Packet Pg. 4 1.a of a street tree. In a Tree Assessment Report dated October 17, 2022, the City's Arborist includes discussion and photographs depicting the irreparable damage to the trees that occurred in September of 2020. In addition, the report notes the attempt made by the City's Parks Department to save the trees by performing corrective pruning in March of 2022 (Attachment 3). On December 6, 2022, appellant Mr. Shaw submitted a right-of-way permit application to perform the required corrective action and on January 5, 2023 the permit (#ENG2022-0585) was issued (Attachment 4). The permit required replacement of the four identified street trees — one on 3rd Ave S and three on Dayton Street. The work authorized under this permit was not performed, however, prior to the expiration date of March 6, 2023. In response to the appellants' failure to comply with the required removal and replacement of the street trees, the City began issuance of Notice of Civil Violations (NOV's). The NOV's contained the same corrective action requiring replacement of the four trees and included a potential to extend the right-of-way permit if a contractor was selected and a schedule submitted to the City. While two NOV's were issued, one on April 12t" and one on April 19t", an error in the stated appeal fees as well as an incorrect reference to an ordinance was discovered and therefore a new NOV was issued in replacement on May 2, 2023. A formal appeal of the May 2, 2023 NOV was submitted to the City on May 5, 2023. II. NOTICE AND ACTION: The City's first approach to notifying the appellants of the violation and required corrective action was through a letter, the first of which was mailed on November 12, 2020 (Attachment 5). Having received no response, a second letter was mailed on December 2, 2020 (Attachment 6). Each letter contained corrective action that required submittal of a right-of-way construction permit application along with associated documents. Mr. Shaw contacted the City shortly after receiving the second letter and verbally informed of his intent to hire an arborist to dispute the trees are damaged. The continued enforcement effort fell through the cracks with City staff for quite some time and during that time the City never received additional follow-up from the appellant. When this issue was brought back to the forefront in the beginning of July 2022, another letter was sent to the appellants requiring compliance with corrective action by July 20, 2022 (Attachment 7). The City's field arborist documented a formal Tree Assessment in a report dated October 17, 2022, which was included in an Order to Correct (OTC) issued to the appellants on November 2, 2022 (Attachment 8). In response to this OTC, the appellant Mr. Shaw requested approval to obtain a second tree assessment opinion (Attachment 9). The City responded to Mr. Shaw stating the City has the authority to approve or deny the work proposed and would not accept or review a report from another arborist (Attachment 10). A second OTC was issued to the appellant on December 5, 2022 (Attachment 11). As noted above, on December 6, 2022, appellant Mr. Shaw submitted a right-of-way permit application to perform the required corrective action and on January 5, 2023, the permit (#ENG2022-0585) was issued. The permit expired, however, without any work being completed. File No. COD2022-0126 —Appeal of Notice of Civil Violation 155 3rd Ave S—Tree Cutting Page 2 of 5 Packet Pg. 5 1.a Two Notice of Civil Violations were issued, April 12, 2023 and April 19, 2023, which were later replaced by an NOV issued May 2, 2023 due to scriveners errors. (Attachments 12, 13 and 14 respectively) Additionally, it shall be noted that as of May 30, 2023, the City is aware that eastern most street tree on Dayton Street has been removed. As the appellant does not currently have an active right- of-way construction permit, work within the right-of-way is not approved. Photos evidencing the removal of the tree are included in Attachment 15. III. APPEAL: In accordance with Edmonds Community Development Code 20.110.040, an appeal of the May 2, 2023 Notice of Civil Violation was filed with the City of Edmonds on May 5, 2023, within 10 days of the date of notice (Attachment 16). Additionally, the subject hearing was noticed on May 31, 2023, no less than five calendar days before the time fixed for the hearing (Attachment 17). IV. REVIEW PROCESS: In accordance with Edmonds Community Development Code 20.110.040.C.3: a. At the time stated in the notice, the violations hearing examiner will hear all relevant objections, protests and shall receive testimony under oath. Said hearings may be continued from time to time. If continued to a date certain, no new posting is required. b. If the violations hearing examiner finds that a violation of the Edmonds Community Development Code exists and that there is sufficient cause to abate the same, the hearing examiner will prepare findings and an order within 24 hours which shall specify: i. The nature of the violation; and ii. The amount of fine per day; and iii. The method of abatement; and iv. The time by which abatement is to be completed. V. APPEAL RESPONSE: The appellants have presented in their letter of appeal that the subject street trees will recover and resprout as indicated by an outside arborist. They have also expressed their desire to contract services of an arborist to provide a thorough assessment and second opinion as the trees in their opinion are "thriving and doing quite well in the year 2023". Consistent with Edmonds Community Development Code Chapter 18.85, the City has the authority to grant approval of a permit to allow for tree trimming if the applicant demonstrates knowledge of the proper care and maintenance of trees, and the director is satisfied that the proposed workmanship is adequate. The tree cutting was done without City approval and without the ability to assess the qualifications and methods in advance, and as such, the City maintains the authority to make an assessment of the trees after the fact. The City's field arborist, Debra Dill, is an ISA Certified Arborist with ISA TRAQ Qualification, which means she is also qualified to perform tree risk assessments. File No. COD2022-0126 —Appeal of Notice of Civil Violation 155 3rd Ave 5—Tree Cutting Page 3 of 5 Packet Pg. 6 1.a As provided in the Tree Assessment report dated October 17, 2022, large, jagged indiscriminate cuts were made to the trees. There was wounding of branch tissue below the cuts and the crowns of the trees were left in an unbalanced state. Parks personnel performed corrective pruning in March of 2022 in an attempt to re-establish health and proper growth and those efforts were assessed in the writing of the October 17, 2022 report. The report speaks to not only the fact that topping is perhaps the most harmful tree pruning practice known, but also to the fact that the effect is also seen in ongoing maintenance costs and liability associated with a topped tree. The report concludes that the trees responded with excessive new growth creating weakly attached branches and poor structure. Despite the attempt at corrective pruning, the trees' structures remain compromised. Besides compromised structures, the three maple trees are also showing a diminished capacity to uptake the proper amount of nutrients for proper growth. Wound wood on all four trees is showing a slow and uneven response leaving the trees vulnerable to pests and decay. Further, it is noted the likelihood of failure for all four trees is probable. While the overall risk rating at this time may be low, it is in the opinion of Ms. Dill that any mitigation efforts to save the trees would not be fully effective and the tree's risk ratings will only increase as the trees mature. VI. CONCLUSION AND RECOMMENDATION: Based on the condition of the trees as presented herein and the Tree Assessment as provided by the City's field arborist, the City of Edmonds concludes that the now remaining three street trees shall be removed and all four street trees shall be replaced at a 1:1 ratio. The City of Edmonds respectfully requests that the Hearing Examiner DENY the appeal of the Notice of Civil Violation and require the appellants to obtain proper permit approvals and complete removal and replacement of the trees as specified in the Notice of Civil Violation. VII. ATTACHMENTS: 1. Vicinity Map 2. ECDC Chapter 18.85 Street Trees 3. City Arborist Assessment Report 10.17.2022 4. Approved Right -of -Way Permit ENG2022-0585 5. Shaw Letter 1 - 11.12.2020 6. Shaw Letter 2 — 12.02.2020 7. Shaw Letter 3 — 07.08.2022 8. Order to Correct — 11.02.2022 9. Shaw Email — 11.15.2022 10. Response to Shaw Email — 11.21.2022 11. Order to Correct — 12.05.2022 12. NOV — 04.12.2023 13. NOV — 04.19.2023 14. NOV - 05.02.2023 15. Photos 05.30.2023 16. Appeal Letter 17. Appeal Hearing Notice File No. COD2022-0126 —Appeal of Notice of Civil Violation 155 3rd Ave S—Tree Cutting Page 4of5 Packet Pg. 7 1.a VIII. PARTIES OF RECORD: City of Edmonds 121— 5t" Avenue N Edmonds, WA 98020 Mr. and Mrs. Elliot Shaw 5326 156t" St SE Bothell, WA 98012 shawelevator@comcast.net File No. COD2022-0126 —Appeal of Notice of Civil Violation 1553 d Ave 5 —Tree Cutting Page 5 of 5 Packet Pg. 8 1.a ' City of Edmonds vicinity Map - 155 3rd Ave S 7-6 Llnderwatar / ��q�' ee Park N5] Bracken Landin>I!larth�,` Bracketts Lading South 144 Railroad Ave Tidelands. / 4'1 ' f Q,N.40 ST Waterfront Center 71I' 01° �� r Jyl1nh W. DAYTON. ST \ \ r \ i \ �E4L .., •'�,,' is 1. M4IN ST 122= V1 Lill .. al,, LrI 140 0 252.60 505.2 Feet 376.2 This ma Is a user generated static output from an Internet mapping site and is for 4,514 P B P pp g reference only. Data layers that appear on this map may or may not be accurate, WGS_1984_Web_Mercator_Auxiliary_Sphere current, or otherwise reliable. © City of Edmonds THIS MAP IS NOT TO BE USED FOR DESIGN OR CONSTRUCTION 0 Legend Sections Boundary Sections Edmonds Boundary ArcSDE.GIS.PROPERTY_BUILDIP ArcSDE.GIS.STREET_CENTERLIN <all other values, Interstate Principal Arterial Minor Arterial; Collector Local Street; On Ramp State Highways <all other values> 0 1 2 County Boundary Parks ArcSDE.GIS.PROPERTY_WASHII ArcSDE.G IS. PROPERTY_CITI ES ArcSDE.GIS.PROPERTY_CITIES City of Edmonds City of Lynnwood City of Mountlake Terrace Unincorporated King Cc; Unincor City of Woodway Citv of Arlinaton: Citv of Bothell C Notes 0 a) U 0 z t U) 0 a� sZ Packet Pg. 9 1 1.a Edmonds Chapter 18.85 STREET TREES Page 1 of 3 Chapter 18.85 STREET TREES Sections: 18.85.000 Purposes. 18.85.010 Street plan adopted. 18.85.020 Permits. 18.85.030 Duties of director of public works. 18.85.040 Abuse of street trees. 18.85.050 Replanting and replacement. 18.85.060 Visibility blockage. 18.85.000 Purposes. The purposes of regulations for street trees are: A. To protect existing street trees by regulating their maintenance and removal. B. To provide for new street trees on existing and new streets by specifying appropriate trees for particular areas, based on the following factors: 1. Traffic visibility and interference with pedestrian, bicycle or vehicular traffic; 2. Damage to utilities, streets or sidewalks; 3. Control of wind, erosion and noise; 4. Maintenance; 5. Appearance, particularly the enhancement of major city entrance points and streets, and the use of certain trees to give neighborhood areas visual identity. 18.85.010 Street plan adopted. The Edmonds Street Plan (1982), as issued by the director of public works and approved by the architectural design board is hereby adopted by this reference and incorporated herein as if set forth in full. A copy of the Edmonds Street Tree Plan (1982) shall be kept on file with the city clerk for public inspection and use during regular city business hours. All planting of street trees and other landscaping of streets shall conform to the he Edmonds City Code and Community Development Code are current through Ordinance 4300, passed April 25, 202< Packet Pg. 10 1.a Edmonds Chapter 18.85 STREET TREES Page 2 of 3 Edmonds Street Tree Plan (1982). [Ord. 2387, 1983]. 18.85.020 Permits. A. Required. No person shall plant, remove, prune or otherwise change a tree on a street, right-of-way, parking or planting strip or other public place without a permit from the director of public works. This permit requirement does not apply to city employees under the direction of the director of public works. B. Application. The application shall be filed with the director of public works, containing information as required by the director. C. Issuance. The director of public works shall issue the permit if the proposal conforms to the street tree plan, the applicant demonstrates knowledge of the proper care and maintenance of trees, and the director is satisfied that the proposed method and workmanship is adequate. 18.85.030 Duties of director of public works. A. Enforcement. The director of public works shall enforce this chapter, inspect work done under this chapter and maintain city street trees in healthy growing conditions. B. Improper Planting. Whenever any tree is planted contrary to the provisions of this chapter, the director of public works may remove the tree. A second violation constitutes a misdemeanor. 18.85.040 Abuse of street trees. Unless specifically authorized by the director of public works, no person shall damage any street tree, attach any rope, wire, nails, advertising posters or other contrivance to any street tree; allow any gaseous, liquid or solid substance which is harmful to trees to come into contact with them; set fire or permit any fire to burn when such fire or the heat thereof will injure any portion of any street tree; excavate any ditches, tunnels, trenches or lay any drive within a radius of 10 feet of any street tree; deposit, place or store any materials which may impede the free passage of water and fertilizer to the roots of any street tree. 18.85.050 Replanting and replacement. A. Required. When it is necessary to remove a street tree in connection with paving of a sidewalk, or the paving or widening of the portion of a street or highway used for vehicular traffic, the city shall replant the tree(s) or replace them. If conditions prevent replanting, this requirement may be satisfied if any equivalent number of trees are planted nearby in accord with the street tree plan. B. Size and Cost. Replacements shall meet the standards specified in the street tree plan for size, species and placement. The permittee shall bear the costs of removal and replacement. C. Specifications. Removal, planting and replacement of all street trees shall conform to the standards in the material labeled "Standards for Planting Street Trees Within the City of Edmonds," three copies of which are on file with the city clerk, and which is incorporated by this reference as if set forth in full. he Edmonds City Code and Community Development Code are current through Ordinance 4300, passed April 25, 202< Packet Pg. 11 1.a Edmonds Chapter 18.85 STREET TREES Page 3 of 3 18.85.060 Visibility blockage. A. Pruning Required. Any property owner who owns property on any street shall prune or otherwise prohibit private trees or other vegetation growing on his property in such manner that they will not block or shade the light from the street lights, obstruct the passage of persons on the sidewalks, obstruct vision of traffic signs, or obstruct the view of any intersection or alley intersection. B. Enforcement. 1. If any property owner fails to prune or take other appropriate action in order to prevent visibility blockage or restore visibility as set forth in subsection (A) of this section, and the director of public works has actual knowledge of the condition, then the director of public works may, by written notice, order such person to prune or take other appropriate action with respect to such trees or vegetation within 14 days after written notice is sent. Notice shall be sent, postage paid, in the U.S. mail and presumed received two days following such mailing. The notice shall specify the action to be taken and inform the property owner(s) that failure to comply is subject to criminal prosecution as a misdemeanor in accordance with the provisions of Chapter 5.50 ECDC or as a civil violation pursuant to the provisions of Chapter 20.110 ECDC. 2. If a person to whom notice is sent does not comply within the time specified in the written notice, in addition to any other action which the city may take, the director of public works may effectuate the pruning of the trees or other vegetation and take any other appropriate action to correct the view blockage. The cost of such action shall be recorded and reported to the hearing examiner as provided below. The director of public works, in his sole discretion, may then take the actions set forth in subsection (B)(3) of this section. 3. The director of public works may: a. Refer the matter to the city's prosecutor for prosecution as a misdemeanor. Failure to correct in accordance with the provisions of written notice within the time specified shall constitute a misdemeanor punishable in accordance with the provisions of Chapter 5.50 ECC. Each and every day in which the property fails to take corrective action shall be considered a separate day of violation. b. At his option, the director of public works may utilize the civil enforcement procedures of Chapter 20.110 ECDC; provided, that the notice provided herein shall constitute the notice required under ECDC 20.110.040(A). The enforcement process shall therefore begin with the notice of civil violation in accordance with the provisions of ECDC 20.110.040(B) appealable pursuant to the provisions of subsection (C) of said section. In addition to the fines provided for by Chapter 20.110 ECDC, the hearing examiner shall also assess the reasonable costs incurred in connection with subsection (13)(2) of this section. [Ord. 3788 § 13, 2010]. he Edmonds City Code and Community Development Code are current through Ordinance 4300, passed April 25, 202< Packet Pg. 12 1.a CITY OF EDMONDS 700 MAIN STREET • EDMONDS WA 98020 • PHONE: 425-771-0230 • FAX: 425-771-0253 www.edmondswa.gov PARKS, RECREATION, and CULTURAL SERVICES DEPARTMENT 10/17/2022 — Assessment report Date of assessment: 10/14/2022 Location: NE corner of the 3rd and Dayton intersection. The trees are located below in blue _ _ m `�`�` IN Pearl - I! s I . N& i Client: City of Edmonds Parks Tree species covered in this report: Acer rubrum 'eowhall' (Bowhall red maple) and Pyrus calleryana (Callery pear) Scope of work: To perform a level 2 basic tree risk assessment using ISA best management practices for tree risk assessment methods to determine the health and stability of the trees. Purpose of the report: To provide information about the condition of the trees and a summary of my observations. The risk rating and assessment are provided in order to help determine the likelihood of the tree or its parts failing and striking a target with the next 5 years and what the consequences of failure may be. Packet Pg. 13 1.a Pruning history of the trees: ■ All four trees: These trees were topped to an approximate height of 10' in Sept of 2020. • Large, jagged, indiscriminate cuts were made. • There was also wounding of branch tissue below the cuts. • The crowns of the trees were left in an unbalanced state. Corrective pruning was performed by Parks personnel in March of 2022. • Jagged wounding cuts were removed and cleaned up. • An attempt to establish a new central leader was made for each tree. • Dense areas of epicormic (dormant buds below the bark) growth were thinned to try and establish new branch structure for each tree. Current conditions of the trees: ■ The Callery Pear located on 3rd Ave: Current height is approximately 14' with a caliper of 4". The tree is fully exposed to winds from the north and south along the street. Wound wood is beginning to form; however, the larger wounds will take years to properly seal over. Response growth is thick and will need yearly pruning for the tree to grow well. ■ Bowhall Maple #1 located on Dayton Ave. Current height is approximately 16' with a caliper of 4". The tree is fully exposed to winds from the south-west and wind -tunnel effects from the west. Epicormic response growth was overly vigorous. This has created many long, whip -like branches that are weak and poorly attached. • Many branches bent or broke during the late spring and early summer. The wound wood is responding slowly. The tree is having difficulty obtaining enough nutrients as seen in the chlorotic leaves. The graft area at the base of the tree has become abnormally large for the size of the tree. ■ Bowhall Maple #2 located on Dayton Ave. Current height is approximately 12' with a caliper of 3". The tree is fully exposed to winds from the south-west and wind -tunnel effects from the west. This tree's growth is very poor as seen by its small stature and early change to fall color as compared to the other two maples. The wound wood is also very poor and not responding well. ■ Bowhall Maple #3 located on Dayton Ave. Current height is approximately 16' with a caliper of 4 W. The tree is fully exposed to winds from the south-west and wind -tunnel effects from the west. Epicormic response growth is similar to Maple #1. Branch density is even thicker and weaker as seen by the many wind -broken branches. Branch attachments are weaker as well. The wound wood is very poor and not responding well. Nutrient deficiency can also be seen in chlorotic leaves throughout the canopy. The graft area at the base of the tree has become abnormally large for the size of the tree. Packet Pg. 14 1.a Additional information: Topping is perhaps the most harmful tree pruning practice known. Topping is the indiscriminate cutting of tree branches to stubs or to lateral branches that are not large enough to assume the terminal role. Topping is often used to reduce the size of a tree or as an attempt to reduce risk. However, topping is not a viable method of height reduction and certainly does not reduce future risk. In fact, topping will increase risk in the longterm. ("Why Topping Hurts," n.d.) The survival mechanism that causes a tree to produce multiple shoots below each topping cut comes at great expense to the tree. These shoots develop from buds near the surface of the old branches. Unlike normal branches that develop in a socket of overlapping wood tissues, these new shoots are anchored only in the outermost layers of the parent branches and are weakly attached. Unfortunately, the shoots are prone to breaking, especially during windy or icy conditions. While the original goal was to reduce height and/or risk, risk of limb failure has now increased. ("Why Topping Hurts Trees," n.d.) A topped tree is weak and deprived of nutrients from its leaves which leads to weak branches, pests, decay, and disease. ("Myths About Tree Care — Myth: Topping Is the Right Choice," n.d.) There are ongoing costs to maintaining a topped tree. Those costs include: • Increased maintenance costs. If the tree survives, it will likely require corrective pruning every two to three years. If the tree dies, it will have to be removed. • Reduced property value. Healthy, well -maintained trees can add 10 to 20 percent to the value of a property. Disfigured, topped trees are considered an impending expense. • Increased liability potential. Topped trees may pose an unacceptable level of risk. Because topping is considered an unacceptable pruning practice, any damage caused by branch failure of a topped tree may lead to a finding of negligence. ("Why Topping Hurts Trees," n.d.-b) Notes: There are several potential targets within the target zones of the trees. Currently those targets include: Pedestrians along the sidewalk and vehicles parked in designated parking stalls next to the trees. It should be noted as well that the trees do not sit in, but are near, a designated critical area. References used: Why Topping Hurts (n.d.). ISA. https://www.oregon.gov/odf/Documents/forestbenefits/WhyToppingHurts.pdf Why Topping Hurts Trees. (n.d.). ISA. https://www.treesaregood.org/Portals/0/TreesAreGood Why%20Topping%2OHurts 0321.pdf Myths About Tree Care. (n.d.). ISA. https://isarmc.org/Myths About Tree Care Why Topping Hurts Trees (n.d.-b). ISA. http://www.lvsnag.org/pdf/WhVToppingHurtsTrees.pdf Packet Pg. 15 1.a Summary: The four trees located in the NE corner of the intersection at 3rd and Dayton were topped to approximately half of their original height in Sept of 2020 by the adjacent property owner. The trees have responded with excessive new growth creating weakly attached branches and poor structure. Despite the attempt at corrective pruning, the trees' structures remain compromised. Besides compromised structures, the three maple trees are also showing a diminished capacity to uptake the proper amount of nutrients for proper growth. Wound wood on all four trees is showing a slow and uneven response leaving the trees vulnerable to pests and decay. The likelihood of failure for all four trees is probable. The overall risk rating at this time is low; however, it is my opinion that any mitigation efforts to save the trees would not be fully effective and the tree's risk ratings will only increase as the trees mature. A level 3 three risk inspection would be needed to be truly conclusive about the statements made in this report. Recommendations: It is my recommendation to have the trees removed and replaced. Replacement requirements: A 1:1 ratio replacement requirement will be used if the trees are removed. Packet Pg. 16 1.a Pear after topping in Sept of 2020 Indiscriminate, jagged, cuts along with ripped and torn bark near and below the cuts. Current form of the tree. New growth is too dense and will need yearly care to correct. Packet Pg. 17 16 in r 'OF 0" A 4W Nutrient deficiency seen in canopy of Maple 1. Graft area of Maple 1. Maple 2 after topping in Sept 2020. Growth of Maple 2 is much slower than the other two maples Early fall color indicates a water/nutrient uptake issue. I Packet Pg. 20 1.a i �•��'`'�.. "f== .ram . j -..r- J - The wounds are showing little to no wound wood growth. Decay is beginning to set in in some of the branches. Maple 3 after topping in Sept 2020. Indiscriminate, jagged, cuts along with ripped and torn bark near and below the cuts. Packet Pg. 21 1.a Dead leaves from broken branches can be seen inside the canopy. Report submitted by: Debra Dill, Field Arborist Nutrient deficiency seen in canopy of Maple 3. ISA Certified Arborist and ISA TRAQ Qualification Greenhouse 1 600 3rd Ave. S I Edmonds WA 98020 425.771.0230 (office) 1425.771.0230 x 1383 (direct) 1425.478.9962 (cell) debra.dill@edmondswa.gov .� EDMONDS-PARKS, RECREATION & CULTURAL SERVICES Packet Pg. 23 1.a Arborist Disclosure Statement: Arborists are tree specialists who use their education, knowledge, training and experience to examine trees, recommend measures to enhance the beauty and health of trees, and attempt to reduce the risk of living near trees. Clients may choose to accept or disregard the recommendations of the arborist, or to seek additional advice. There is no warranty suggested for any of the trees subject to this report. Weather, latent tree conditions and future man -caused activities could cause physiologic changes and deteriorating tree condition. Over time, deteriorating tree conditions may appear and there may be conditions which are not now visible that could cause tree failure. This report or the verbal comments made at the site in no way warrant the structural stability or long- term condition of any tree, but represent my opinion based on the observations made. Arborists cannot detect every condition that could possibly lead to the structural failure of a tree. Trees are living organisms that fail in ways we do not fully understand. Conditions are often hidden within trees and below ground. Arborists cannot guarantee that a tree will be healthy or safe under all circumstances, or for a specified period of time. Likewise, remedial treatments, like any medicine, cannot be guaranteed. Treatment, pruning and removal of trees may involve considerations beyond the scope of the arborist's services such as property boundaries, property ownership, site lines, disputes between neighbors, and other issues. Trees can be managed, but they cannot be controlled. To live near trees is to accept some degree of risk. The only way to eliminate all risk associated with trees is to eliminate all trees. Packet Pg. 24 1.a RIGHT OF WAY PERMIT NUMBERPERMIT City of • • . 98020 ENG2022-0585 www.edmondswa.gov Description: RIGHT OF WAY - REPLACE 4 STREET TREES ISSUED: 01/05/2023 Address: 155 3RD AVE S EDMONDS WA 98020-3555 EXPIRES: 03/06/2023 it Type: RIGHT OF WAY Permit Subtype: MIXED USE Parcel Number: 27032300405600 W NAME TYPE NAME ADDRESS PHONE APPLICANT ELLIOT SHAW 5326 156TH ST SE, BOTHELL WA 98012-4727 (425)224-0067 CONTACT ELLIOT SHAW 5326 156TH ST SE, BOTHELL WA 98012-4727 (425)224-0067 CONTRACTOR SHAW ELEVATOR COMPANY 5326 156TH ST SE, BOTHELL WA 98012- (425)471-1997 OWNER SHAW ELLIOT & SONYA/SHAW JOSH 5326 156TH ST SE, BOTHELL WA 98012-4727 FEE INFORMATION DESCRIPTION AMOUNT PAID CITY TECHNOLOGY FEE CHARGED PER PERMIT $40.00 $40.00 ENGINEERING INSPECTION FEE $330.00 $330.00 RIGHT OF WAY STANDARD PERMIT FEE $330.00 $330.00 REQUIREMENTS REQUIREMENT TYPE NOTES TRAFFIC CONTROL Traffic control and public safety shall be in accordance with City regulations as required by the City Engineer. Every flagger must be trained as required by WAC 296-155-305 and must have certification verifying completion of the required training in their posession. RESTORATION Restoration is to be in accordance with City codes. All street -cut trench work shall be patched with asphalt or City approved material prior to the end of the workday - No Exceptions WARRANTY The contractor is responsible for workmanship and materials for a period of one year following the final inspection and acceptance of the work. INSPECTION SCHEDULING: WWW.MYBUILDING PERMIT.COM 24 HR NOTICE REQUIRED The Applicant has signed an application which states he/she holds the City of Edmonds harmless from injuries, damages or claims of any kind or description whatsoever, foreseen or unforeseen, that may be made against the City of Edmonds or any of its departments or employees, including but not limited to the defense of any legal proceedings including defense costs and attorney fees by reason of granting this permit. RELEASED BY: MAJ DATE: 01 /05/2023 01 Printed: Thursday, January 05, 2023 11:01:36 AM 1 of 2 Packet Pg. 25 1.a RIGHT OF WAY PERMIT PERMIT City •Edmonds' :• • 1 1 • www.edmondswa.gov • CONDITIONS CONDITION TYPE It is the owner's responsibility to repair/replace all damage of utilities or frontage improvements in DAMAGE TO FRONTAGE City right of Ways or Easements to City Standards caused by or occurring during the permitted IMPROVEMENTS project. MAINTAIN EROSION AND SEDIMENTATION CONTROL PER CITY AND SWMMW STANDARD ESC REQUIREMENTS REQUIREMENTS. Applicant, on behalf of his or her spouse, heirs, assigns, and successors in interests, agrees to indemnify defend and hold harmless the City of Edmonds, Washington, its officials, employees, and agents from any and all claims for damages of whatever nature, arising directly or indirectly from the HOLD HARMLESS issuance for this permit. Issuance of this permit shall not be deemed to modify, waive or reduce any requirements of any City ordinance nor limit in any way the City's ability to enforce any ordinance provision. INSP PRIOR TO BACKFILL Call for all required inspections. All work shall be inspected prior to backfill. RESTORE LANDSCAPE Restore landscape to like or better conditions Sound or noise originating from temporary construction sites as a result of construction activity are exempt from the noise limits of ECC Chapter 5.30 only during the hours of 7:00am to 6:00pm on SOUND AND NOISE weekdays and 10:00am and 6:00pm on Saturdays, excluding Sundays and Federal Holidays. At all other times the noise originating from construction sites and activities must comply with the noise limits of Chapter 5.30, unless a variance has been granted pursuant to ECC 5.30.120. TRAFFIC CONTROLS Traffic Control per approved plan and MUTCD. All Flaggers shall be certified. All utilities shall be located prior to any excavation. New locates shall be called for if at time of UTILITY LOCATES excavation, original locates are no longer identifiable. RUM1011119 • INSPECTION TYPE DATE RESULT COMPLETE X-2 ENGINEERING FINAL" A-1 TESC AND MOBILIZE E-7 CONCRETE SIDEWALK E-7 SIDEWALK OPEN -CLOSED E-7 TRAFFIC CTRL E-7 TREE GRATE co N T O N N O N C O U_ c O 0 0 d 0 z 3 M z U 0 R d a a a to N 0 N N O N C O U d Q. a 3 M z co a Printed: Thursday, January 05, 2023 11:01:36 AM 2 of 2 Packet Pg. 26 1.a of FLrtto4A� SECTION A Project Name Site Address or if na RIGHT OF WAY CONSTRUCTION PERMIT APPLICATION Complete and submit this Application in accordance with the Submittal Requirements outlined in Right -of -Way ermit Handout Ms. If any field is not applicable to your project, write "NIA" instead of leaving blank. All fields required. Incomplete Applications will be denied. Permits: I BLD Name of Company Agent Name f07 use Property Address at NW corner of project area: PLN ENG Address City r State 7ip G Phon ' �G Emai City of Edmonds Business License No; State License No: NOYM ECD[; engineer. Name Email Secondary Name Title a licensed and bonded contractor ❑ Multifamily residential ❑ Commercial ti City project ❑ Single family residential subdivision o Single family -other ❑ Industrial ❑ Demo and rebuild or from vacant and? g-Other, please specify: ❑ Utility Franchise Work associated with development check one Qf the above boxes as wet ❑ Traffic Control Only (no associated development) City of Edmonds ROW construction permit Application --Page 1 of 3 Updated 3/25/2021 Packet Pg. 27 1.a © Utility Franchise Work (no associated development) Include an overall narrative description of the proposed work. Be specific and detailed: Describe infrastructure to be impacted, such as, poles, wires, conduit, utility mains, etc. Include whether this is construction, maintenance, or repair. Include description of proposed construction methods, (e.g., bores, trenches, overhead wires proposed, depth for underground utilities, etc.) 5 'I RIGHT-OF-WAY CLOSURE AREA TOTAL DURATION (Number of Months) Sidewalk Z2 hours + LF x LF SF ANY 2 hours + LF x LF SF Parkin 2 hours + LF x LF SF SECTION E -If you are not a utility company performing work in the City .ROW, "kt� to SEMONC. I. The work in the right of way is on or for the following type of facilities: : o telecommunications o cable u power ❑ gas ❑ water o sewer © storm I. Does the utilityowner have existingoverhead infrastructure in the area of work? a. Will an equipment be added underground or above round (e.. pedestals, vaults, etc.)? ,51, If es, describe: .. Does the proposed work connect: a lot or commercial development with utilities that serve more than one lot or commercial development? 4. Does the work involve rebuilding or relocating an existing aboveground utility system which connects a lot or commercial development to an existingunderground common utili stem? 5.Does the work involve proposed additions to an aboveground utility s stem? If es: Are the additions for the purpose of serving new commercial development? Are the additions for the purpose of serving a sin a-famil residential subdivision? 5. IDoes your project involve rebuilding or replacing utility equipment which currently serves more than one lot or commercial development? City of Edmonds ROW construction permit Application --Page 2 of 3 Updated 3j25/202-1 W Packet Pg. 28 1.a SECTION C Traffic Control and Public Safety. Traffic control and public safety shall be in accordance with City regulations as required by the City Engineer. Every flagger must be trained as required by WAC 296-i55-3o5 and must have certification verifying completion of the required training in their possession. Restoration. Restoration shall be in accordance with City codes and Standards. All street out trench work shall be patched with asphalt or City approved material prior to the end of the workday -NO EXCEPTIONS. Insurance. The City may require the owner or contractor to provide proof of insurance acceptable to the City prior to any permit approval. Indemnification. The Applicant agrees to defend, indemnify, and hold harmless the City of Edmonds, its officials, officers, employees, and agents against any injuries, damages, or claims of any kind or description whatsoever, foreseen or unforeseen, including defense costs and attorney fees, resulting directly or indirectly from any act or omission of the Applicant, its subcontractors, anyone directly or indirectly employed by them, and anyone for whose acts or omissions they may be liable, arising out of, related to, or by reason of the granting of this permit; and specifically including but not limited to all loss by the failure of the Applicant to fully or adequately perform, in any respect, all authorizations or obligations under the permit. These indemnification requirements shall survive the expiration, revocation, or termination of any resulting permit approval. Acceptance of terms, conditions, and requirements. Applicant accepts the terms, conditions, and requirements set forth in this Application and agrees they apply to any resulting permit and shall comply with them to the satisfaction of the City Engineer. Applicant further agrees to comply with the conditions listed on the Submittal Requirements; with all applicable city ordinances, including but not limited to ECDC Title 18; and with all applicable requirements of state and federal lave. Statement of Applicant. I declare under penalty of perjury under the laws of the State of Washington that: I am a licensed and bonded contractor; the information provided herein is correct and complete; and I am authorized by owner to act on its behalf and have authority to bind the owner to this application. Fees. The Applicant is responsible for all permit fees. APPLICANT SIGNATURE: APPLICANT PRINTED APPLICANT TITLE: NO WORK SHALL 13EGIN PRIOR TO PERMIT ISSUANCE DATE: G Z4 7I to N O N N O N 0 O V a O O O_ w O d U O Z 3 M 0 m a M Q m N_ O N N O N 0 O c� m a a Q M z Cn c d E z M Q c M t= O a d M Cn c ai E z c� a City of Edmonds ROW construction permit Application --Page 3 of 3 Updated 3/25/2021 Packet Pg. 29 1.a 4�:T I.� SCHEDULE ALL INSPECTIONS THROUGH MYBUILDINGPERMIT.COM CITY ARBORIST SHALL INSPECT THE ROOTBALLS OF ALL 4 TREES PRIOR TO PLANTING. 48 HOUR ADVANCED NOTICE REQUIRED TO SCHEDULE ROOT BALL INSPECTION. EMAIL ENGINEERINGPERM ITS@EDMONDSWA.GOV TO SCHEDULE ROOTBALL INSPECTION. ALL OTHER INSPECTIONS CAN BE SCHEDULED THROUGH MBP. ENTIRE ROOTBALL OF EXISTING TREES SHALL BE REMOVED. IF THE SIDEWALK IS UNDERMINED DURING THE REMOVAL FO THE ROOTBALL THAN FULL SIDEWALK PANEL REPLACEMENT PER CITY STANDARD DETAIL TR-531 SHALL BE REQUIRED. RESTORATION LIMITS TO BE DETERMINED BY CITY ENGINEERING INSPECTOR REPLACE WITH CAPITAL PEAR REPLACE WITH ACER SACCHARM "SUGAR CONE" REPLACE WITH ACER SACCHARM "SUGAR CONE" REPLACE WITH ACER SACCHARM "SUGAR CONE" REMOVE TREE GRATE FROM PLANTER STRIP T . e 411 N -► OWNER/CONTRACTOR IS RESPONSIBLE FOR EROSION CONTROL AND DRAINAGE OWNER/CONTRACTOR RESPONSIBLE FOR LOCATING ALL ON SITE UTILITIES. RELOCATION/REVISION TO ANl UTILITIES MAY REQUIRE A SEPERATE PERMIT. Applicant shall repair/replace all damage to utilities or frontage improvements in City right-of-way per city standards that is caused or occurs during the permitted project. ENGINEERING DIVISION APPROVED AS NOTED VV Packet Pg. 30 SCHEDULE ALL INSPECTIONS THROUGH MYBUILDINGPERMIT.0 1.a r� TRAFFIC CONTROL INSPECTION SHALL BE REQUIRED WHENEVER WORK ZONE IS SET UP CLOSURE IS FOR SIDEWALK ONLY, NO STREET CLOSURES ARE ALLOWED 105'e /1(11144�1 //y go !ME h ENGINEERING DIVISION APPROVED AS NOTED Jdl Packet Pg. 31 3RD AVE S PEDESTRIAN DETOU 1.a - L7 ° TOUR to N } C F'�SIDEWALK Q ED+ O U Q ENGINEERING DIVI y APPROVED AS NO t 1e )22 200 TRAFFIC CONTROL INSPECTION SHALL 'a REQUIRED WHENEVER WORK ZONE IS R JP CONSTRUCTION - AHEAD O a 1 WORK ZONE I' CONSTI ++ ON .i AHEAD d 140 E ♦ 1� a SIDEWALK CLOSED DETOUR ! DETOUR DAYTON ST CO Packet Pg. 32 AHEADCONSTUCTf6LJ ♦ AHEAD AHEAD SCHEDULE ALL INSPECTIONS THROUGH MYBUILDINGPERMIT.CC ,.a 704 TRAFFIC CONTROL INSPECTION SHALL BE REQUIRED WHENEVER WORK ZONE IS SET UP CLOSURE IS FOR SIDEWALK ONLY, NO STREET CLOSURES ARE ALLOWED PORT OF EDMONDS A.FT[h rYpURS . Y PVRt C LOTS FMA '5PRA6UL x .S� T °9 w st 51 i /I 9/&'�75 -�� 14q-p� lelr�� -4— . I N ENGINEERING DIVISION APPROVED AS NOTED MY 12 2 2 22 vv Packet Pg. 33 146 CONSTRUCTION AHEAD r � WALK CLOSED -� DETOUR � _ ............... ♦E� CONSTRUCTION AHEAD > **--DETOUR A�4 CONSTRUCTION AHEAD I /, DAYTON ST PEDESTRIAN DETOUR ROUTE TRAFFIC CONTROL INSPECTION SHALL BE REQUIRED WHENEVER WORK ZONE IS SET UP FA I DAYTON ST C) rn I AL W 10")KY"': 3 Cn N C d t U m CONSTRUCTM AHEAD f6 D T UR y C d L _ V Q ENGINEERING DIVISION APPROVED AS NOTED MY idea F Packet Pg. 34 4: 1.a 2009 Edition Page 633 Table 611-2. Meaning of Symbols on Typical Application Diagrams ® Arrow hoard Shadow vehicle ❑ 0 0 Arrow board support or trailer (shown facing down) Sign (shown facing left) l� changeable message sign or support trailer Surveyor Channellzing device Temporary barrier Crash cushion Temporary baffler with warning light Direction of temporary traffic detour Traffic or pedestrian signal ❑irectlon of traffic Truck -mounted atlenuator 1 Flagger r Type 3 barricade I-Ilgh-level warning device (Flag tree) PJ Warning tight Longitudinal channelizing device Work space �i Luminaire Pavement markings that should be removed for along -term project o Warp vehicle Table 61-1-3. Meaning of Leiter Codes on Typical Application Diagrams (toad Type Speed A B C Urban (Lois Speed) 25/30 uiph 100 reel 100 feel 100 feet Urbun (High Speed) 35/40 mph 350 feel 350 feel 350 Net Rural/State Roads l 45 mph 500rcel 500 tccl Sao I'M (1) All spacing may be adjusted to accommodate at -grade inlcrsections and driyelyays (2)'17ia spacing may be reduced in urban areas to lit roadway conditions Table 6H-4. Formulas for Determining Taper Length Speed (S) Taper Length (L) in feet WS2 40 mph or less L = 60 45 mph or more L = WS Where: L = taper length In feet W = width of offset 1n feet S = posted speed limit, or off-peak 65th•percentile speed prior to work starling, or the anIlcipaIad operating speed 1n mph neeember 2aog Scd. 6 11 -0 1 Packet Pg. 35 1.a CITY OF EDMONDS My6ui ld i ngPerm it. cam Right -of -Way Application #1239293 - 4 Trees Applicant First Name Last Name Company Name Elliot SHAW Number Street Apartment or Suite Number E-mail Address 5326 156th St SE SHAWELEVATOR(a_COMCAST.NET City State Zip Phone Number Extension Bothell WA 98012-4727 (425) 224-0067 Contractor Company Name Owner Number Street Apartment or Suite Number City State Zip Phone Number Extension State License Number License Expiration Date UBI # E-mail Address Project Location Number Street Floor Number Suite or Room Number City Zip Code County Parcel Number Associated Building Permit Number Tenant Name Additional Information (i.e. equipment location or special instructions). Work Location Third and Dayton Property Owner First Name Last Name or Company Name Number Street Apartment or Suite Number City State Zip Certification Statement - The applicant states: I certify that I am the owner of this property or the owner's authorized agent. If acting as an authorized agent, I further certify that I have full power and authority to file this application and to perform, on behalf of the owner, all acts required to enable the jurisdiction to process and review such application. I have furnished true and correct information. I will comply with all provisions of law and ordinance governing this type of application. If the scope of work requires a licensed contractor to perform the work, the information will be provided prior to permit issuance. Date Submitted: 12/7/2022 Submitted By: Elliot SHAW Packet Pg. 36 Page 1 of 2 1.a CITY OF EDMONDS MyBuildingpermit.com Right -of -Way Application #1239293 - 4 Trees Project Contact Company Name: Name: Elliot SHAW Email: SHAWELEVATOR@COMCAST. NET Address: 5326 156th St SE Phone #: (425) 224-0067 Bothell WA 98012-4727 Project Type Activity Type Scope of Work Mixed Use Modification Landscaping Maintenance Project Name: 4 Trees Description of Work: Removal of 4 small trees. Installation of 4 small trees. Project Details Tree Removal There are five or less significant trees to be removed Packet Pg. 37 Page 2 of 2 1.a CITY OF EDMONDS 121 5th AVENUE NORTH • EDMONDS WA 98020 • (425) 771-0220 • Fax: (425) 771-0221 www.edmondswa.gov DEVELOPMENT SERVICES DEPARTMENT f fit` I'A`Ii, November 12, 2020 Elliot & Sonya Shaw Josh Shaw 5326 156t" St. SE Bothell, WA 98012-4527 Subject Property: 155 3rd Ave. S., Edmonds, WA. 98020 Dear Property Owners, It has come the attention of the City that four trees along the frontage on the subject property have been trimmed and topped off very severely. The City's Parks Department, including the City Arborist, conducted an inspection of the trees and have determined that they will need to be removed and replaced. Corrective actions required by November 30, 2020: • Submit a Right -of -Way Permit application for the removal and replacement of the trees. • Submit a site plan showing the removal and replacement of the trees and a traffic control plan. • Any sidewalk replacement required to remove trees/tree trunks, will need to be replaced to City standards. • The trees will need to be replaced with: - 1 Capital Pear tree on 3rd Ave. S. - 3 Acer Saccharum "Sugar Cone" trees. If you have any questions, please call the Jeff Whatmore at 425-771-0220 ext. 1339. Thank you in advance for your cooperation and assistance. Sincerely, Dan Gooding Code Enforcement Officer Dan.gooding@edmondswa.gov • Incorporated August 11, 1890 Sister City Kekinan, Japan Packet Pg. 38 1.a I1�'I X, �' . is December 2, 2020 CITY OF EDMONDS 121 5th AVENUE NORTH • EDMONDS WA 98020 • (425) 771-0220 • Fax: (425) 771-0221 www.edmondswa.gov DEVELOPMENT SERVICES DEPARTMENT SECOND NOTICE On November 12, 2020, 1 sent you the below notice. As of today's date, no application has been received nor have you contacted the Development Services Department. In order to avoid any possible further code enforcement actions to include fines of up to $100.00 per day, please call 425- 771-0220 and ask for a Permit Coordinator and they will explain the permit process. If you have any questions, please call Jeff Whatmore at 425-771-0220 ext. 1339. Please comply with the corrective actions listed below by December 14, 2020. Sincerely, Dan Gooding November 12, 2020 Elliot & Sonya Shaw Josh Shaw 5326 156" St. SE Bothell, WA 98012-4527 Subject Property: 155 3rd Ave. S., Edmonds, WA. 98020 Dear Property Owners, It has come the attention of the City that four trees along the frontage on the subject property have been trimmed and topped off very severely. The City's Parks Department, including the City Arborist, conducted an inspection of the trees and have determined that they will need to be removed and replaced. Corrective actions required by November 30, 2020: • Submit a Right -of -Way Permit application for the removal and replacement of the trees. Submit a site plan showing the removal and replacement of the trees and a traffic control plan. Any sidewalk replacement required to remove trees/tree trunks, will need to be replaced to City standards. • Incorporated August 11, 1890 Sister City Kekinan, Japan Packet Pg. 39 1.a The trees will need to be replaced with: - 1 Capital Pear tree on 3rd Ave. S. - 3 Acer Saccharum "Sugar Cone" trees. If you have any questions, please call Jeff Whatmore at 425-771-0220 ext. 1339. Thank you in advance for your cooperation and assistance. Sincerely, Dan Gooding Code Enforcement Officer Dan.gooding@edmondswa.gov Packet Pg. 40 1.a CITY OF EDMONDS 121 5th AVENUE NORTH • EDMONDS WA 98020 • (425) 771-0220 • Fax: (425) 771-0221 www.edmondswa.gov DEVELOPMENT SERVICES DEPARTMENT I1�'I X, �' . is July 8, 2022 On November 12, 2020, 1 sent you the below notice. It has recently come to our attention that the trees have not been replaced nor has an application been received. In order to avoid any possible further code enforcement actions to include fines of up to $100.00 per day, please complete the required corrective actions listed below. Applications may be submitted at www.mybuildingpermit.com. If you have questions on the application process, please call 425-771- 0220 and ask for a Permit Coordinator. If you have other questions, please contact Jeff Whatmore at jeff.whatmore@edmomdswa.gov or 425-771-0220 ext. 1339. Please comply with the corrective actions listed below by July 20, 2022. Sincerely, Dan Gooding November 12, 2020 Elliot & Sonya Shaw Josh Shaw 5326 156" St. SE Bothell, WA 98012-4527 Subject Property: 155 3rd Ave. S., Edmonds, WA. 98020 Dear Property Owners, It has come the attention of the City that four trees along the frontage on the subject property have been trimmed and topped off very severely. The City's Parks Department, including the City Arborist, conducted an inspection of the trees and have determined that they will need to be removed and replaced. Corrective actions required by November 30, 2020: • Submit a Right -of -Way Permit application for the removal and replacement of the trees. • Submit a site plan showing the removal and replacement of the trees and a traffic control plan. • Any sidewalk replacement required to remove trees/tree trunks, will need to be replaced to City standards. • The trees will need to be replaced with: - 1 Capital Pear tree on 3rd Ave. S. - 3 Acer Saccharum "Sugar Cone" trees. • Incorporated August 11, 1890 Sister City Kekinan, Japan Packet Pg. 41 1.a If you have any questions, please call Jeff Whatmore at 425-771-0220 ext. 1339. Thank you in advance for your cooperation and assistance. Sincerely, Dan Gooding Code Enforcement Officer Dan.gooding@edmondswa.gov Packet Pg. 42 1.a CITY OF EDMONDS PLANNING AND DEVELOPMENT DEPARTMENT 121 5th Avenue North, Edmonds, WA 98020 ORDER TO CORRECT VIOLATION Location of Violation (Address and/or description of to 155 3rd Ave. S., Edmond WA 98020 Issued To: Elliot & Sonya Shaw_ Address Of Person This Order Is Issued To: 5326 1561h St. SE, Bothell WA 98012-4257 Code Section Violated: Edmonds Community Development Code (ECDC) Chapter 18.85 and City Policy "Procedures for Obtaining Permittingand nd Approval for Tree Removal or Trimming Within City of Edmonds Rights -of -Way". Description of Violation: Significant trimmimg of 4 trees along property frontage causing damage to the trees to the point they must be replaced per City of Edmonds Arborist report (enclosed). Corrective Action Required: As first noted in letters dated November 20, 2020 and July 8, 2022; Obtain an approved Right -of -Way Permit for the removal and replacement of the trees by November 17, 2022. Submit a site plan showing the removal and replacement of the trees and a traffic control plan by December 2, 2022. The trees will need to be replaced with: - 1 Capital Pear tree on 3rd Ave. S. - 3 Acer Saccharum "Sugar Cone" trees. If correction is not made by the date and time specified in the Order, a Notice of Civil Violation shall be issued. The Notice of Civil Violation shall assess fines of $100.00 per day, or portion of a day, during which the violation continues. Date Posted: Date mailed: November 2.2022 Issuing Party Dan Gooding Title Code Enforcement Officer Signature Packet Pg. 43 1.a McConnell, Jeanie From: Dill, Debra Sent: Tuesday, November 15, 2022 8:07 AM To: McConnell, Jeanie; Whatmore, Jeff; Gooding, Dan Cc: Curran, Jesse Subject: FW: Order to Correct Violation From: Shaw Elevator <shawelevator@comcast.net> Sent: Tuesday, November 15, 2022 8:03 AM To: Dill, Debra <Debra.DilI@edmondswa.gov> Subject: Order to Correct Violation Good morning, In reference to the Order to Correct Violation, we would like to know if you would entertain us contracting the services of an outside arborist to perform a basic tree assessment as to obtain a second opinion of the health and safety of the four trees on the corner of 155 Third Ave South and Dayton. Please confirm receipt of this email. Thank you, Elliot Shaw Shaw Elevator Company Sent from Mail for Windows Virus-free.www.avq.com 1 Packet Pg. 44 1.a McConnell, Jeanie From: Gooding, Dan Sent: Monday, November 21, 2022 1:56 PM To: Shaw Elevator Cc: McConnell, Jeanie; Whatmore, Jeff Subject: 155 3rd Ave. S. Mr. Shaw I'm contacting you today in reference to your request to contract the services of an outside arborist to perform a tree assessment. The engineering department, in consultation with the City parks & recreation director, has determined the City will not accept or review a report from another arborist. As previously communicated to you, ECDC 18.85.020 specifically states a permit is required to prune or otherwise change a tree on a street, right-of-way, parking or planting strip. The City has the authority to approve or deny the work proposed and in this case the work was done prior to receiving any City approvals. Therefore, in -follow up to the tree trimming/topping violation and after a thorough assessment of the condition of the trees, the City has made the decision that the street trees shall be removed and replaced. Please submit an application for a Right -of -Way Permit by November 28, 2022. Also as a reminder, per the Order to Correct notice dated November 2, 2022, please submit a site plan showing the removal and replacement of the trees and a traffic control plan by December 2, 2022. Thank you in advance for your cooperation and assistance. Dan Dan Gooding I Code Enforcement Officer Planning & Development Department p.425-771-0220 Ext.1716 e. Don.gooding@edmondswa.gov The Planning & Development Department Permit Center is open M-F 8:OOam to 4:30pm for Telephone and Digital/Remote access In -Person walk-in service is currently available M-F 10:00am to 2:OOom: aoaointments are encouraaed. Appointments are also available M, T, Th, F, from 10am to 2pm. Please call ahead to arrange an in -person or remote (Zoom) appointment to assure the appropriate staff member is available. For general service: Phone 425.771.0220 Email Devserv.admin@edmondswa.gov Packet Pg. 45 1.a CITY OF EDMONDS PLANNING AND DEVELOPMENT DEPARTMENT 121 5th Avenue North, Edmonds, WA 98020 ORDER TO CORRECT VIOLATION Location of Violation (Address and/or description of location: 155 3rd Ave. S.. Edmond WA 98020 Issued To: Elliot & Sonya Shaw Address Of Person This Order Is Issued To: 5326 1561h St. SE, Bothell WA 98012-4257 Code Section Violated: Edmonds Community Development Code (ECDC) Chapter 18.85 and City Policy "Procedures for Obtaining Permitting and Approval for Tree Removal or Trimming Within City of Edmonds Rights -of -Way". Description of Violation: Significant trimmimg of 4 trees along property frontage, 3rd and Dayton,causingdamage amage to the trees to the point they must be replaced per City of Edmonds Arborist report. Corrective Action Required By December 12, 2022: As first noted in letters dated November 20, 2020 and July 8, 2022 and Order To Correct Notice dated November 2, 2022; Submit and obtain an approved Right -of -Way Permit for the removal and replacement of the trees, submit a site plan showing the removal and replacemet of the trees and submit a traffic control plan. The trees will need to be replaced with: - 1 Capital Pear tree on 3rd Ave. S. - 3 Acer Saccharum "Sugar Cone" trees on Dayton Street. If correction is not made by the date and time specified in the Order, a Notice of Civil Violation shall be issued. The Notice of Civil Violation shall assess fines of $100.00 per day, or portion of a day, during which the violation continues. Date Posted: Date mailed: December 5, 2022 Date E-mailed December 5, 2022 Issuing Party Dan Gooding Title Code Enforcement Officer Signature gar "ooA Packet Pg. 46 1.a CITY OF EDMOND S DEVELOPMENT SERVICES DEPARTMENT 121 5th Avenue North, Edmonds, WA 98020 (425) 7710220 NOTICE OF CIVIL VIOLATION Location of Violation: 155 3rd Ave. S., Edmond WA 98020 Case #: COD2022-0126. ENG2022-0585 Issued To: Elliot & Sonya Shaw Address of Person Notice is Issued To: 5326 1561h St. SE, Bothell WA 98012-4257 Code Section(s) Violated: Edmonds Community Development Code (ECDC) 18.85.020 Description of Violation: Failure to complete the corrective action required by the City's December 5, 2022 Notice of Violation, which resulted from significant unpermitted trimmimg of 4 trees along property frontage, 3rd and Dayton, causing damage to the trees to the point they must be replaced per City of Edmonds Arborist report. The following corrective action still needs to be completed: The Right -of -Way Permit that was approved for the removal and replacement of the trees, expired on March 20, 2023. An extension may be granted for the removal and replacemet of the trees if a contractor is selected and a schedule is submitted to the city for the work to be completed. The trees will need to be replaced with: 1 Capital Pear tree on 3rd Ave. S. 3 Acer Saccharum "Sugar Cone" trees on Dayton Street. Be advised, the person(s) to whom this Notice is issued must correct the violation(s) and shall be assessed a $100.00 fine. The imposed monetary penalties are immediately due and payable to the City of Edmonds at 121 5th Avenue North, Edmonds, WA 98020 during normal City business hours. The City may issue additional Notices of Violation if the above -referenced violation(s) remain uncorrected, and fines shall continue to accrue under each Notice of Violation until this matter is resolved to the satisfaction of the City. Further, if correction is not made by 4:OOPM on May 25, 2023 an abatement notice may be issued warning of impending City abatement of the violation. Any and all costs, including incidental costs, will be added to the monetary penalties assessed against the person(s) to whom the Notice is issued. {JZL814861.D0C;3\00006.900150\ } Packet Pg. 47 1.a Note, 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 10 days from issuance of the NOV at 3:00 p.m. The appeal filing fee is $970.00 pursuant to Resolution 1192 adopted by City Council. Each Notice of Violation issued by the City is separately appealable by the deadline indicated therein. Failure to appeal a Notice of Violation shall waive the right to further challenge the violation determination and monetary penalties for the period covered by that Notice of Violation. Date Served: Date Mailed:, April 13, 2023 Date E-mailed Issuing Parry: Dan Gooding Title: Code Enforcement Officer Signature: Dar �j'ood,� {JZL814861.DOC;3\00006.900150\ } Packet Pg. 48 1.a CITY OF EDMOND S DEVELOPMENT SERVICES DEPARTMENT 121 5th Avenue North, Edmonds, WA 98020 (425) 7710220 NOTICE OF CIVIL VIOLATION Location of Violation: 155 3rd Ave. S., Edmond WA 98020 Case #: COD2022-0126. ENG2022-0585 Issued To: Elliot & Sonya Shaw Address of Person Notice is Issued To: 5326 1561h St. SE, Bothell WA 98012-4257 Code Section(s) Violated: Edmonds Community Development Code (ECDC) 18.85.020 Description of Violation: Failure to complete the corrective action required by the City's December 5, 2022 Notice of Violation, which resulted from significant unpermitted trimmimg of 4 trees along property frontage, 3rd and Dayton, causing damage to the trees to the point they must be replaced per City of Edmonds Arborist report. The following corrective action still needs to be completed: The Right -of -Way Permit that was approved for the removal and replacement of the trees, expired on March 20, 2023. An extension may be granted for the removal and replacemet of the trees if a contractor is selected and a schedule is submitted to the city for the work to be completed. The trees will need to be replaced with: 1 Capital Pear tree on 3rd Ave. S. 3 Acer Saccharum "Sugar Cone" trees on Dayton Street. Be advised, the person(s) to whom this Notice is issued must correct the violation(s) and shall be assessed a $100.00 fine. The imposed monetary penalties are immediately due and payable to the City of Edmonds at 121 5th Avenue North, Edmonds, WA 98020 during normal City business hours. The City may issue additional Notices of Violation if the above -referenced violation(s) remain uncorrected, and fines shall continue to accrue under each Notice of Violation until this matter is resolved to the satisfaction of the City. Further, if correction is not made by 4:OOPM on May 25, 2023 an abatement notice may be issued warning of impending City abatement of the violation. Any and all costs, including incidental costs, will be added to the monetary penalties assessed against the person(s) to whom the Notice is issued. {JZL814861.D0C;3\00006.900150\ } Packet Pg. 49 1.a Note, 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 10 days from issuance of the NOV at 3:00 p.m. The appeal filing fee is $970.00 pursuant to Resolution 1192 adopted by City Council. Each Notice of Violation issued by the City is separately appealable by the deadline indicated therein. Failure to appeal a Notice of Violation shall waive the right to further challenge the violation determination and monetary penalties for the period covered by that Notice of Violation. Date Served: Date Mailed: 4/19/2023 Date E-mailed 4/19/2023 Issuing Parry: Dan Gooding Signature: Pay "oo & {JZL814861.DOC;3\00006.900150\ } Packet Pg. 50 1.a CITY OF EDMOND S PLANNING AND DEVELOPMENT DEPARTMENT 121 5th Avenue North, Edmonds, WA 98020 (425) 7710220 NOTICE OF CIVIL VIOLATION Location of Violation: 155 3rd Ave. S.. Edmond WA 98020 Case #: COD2022-0126, ENG2022-0585 Issued To: Elliot & Sonya Shaw Address of Person Notice is Issued To: 5326 156th St. SE, Bothell WA 98012-4257 Code Section(s) Violated: Edmonds Communily Development Code (ECDC) 18.85.020 Description of Violation: Failure to complete the corrective action required by the City's December 5, Edmonds Arborist report. The following corrective action still needs to be completed: The Right -of -Way Permit that was approved for the removal and replacement of the trees, expired on March 20, 2023. An extension may be granted for the removal and replacement of the trees if a contractor is selected and a schedule is submitted to the city for the work to be completed. The trees will need to be replaced with: - 1 Capital Pear tree on 3rd Ave. S. 3 Acer Saccharum "Sugar Cone" trees on Dayton Street. Be advised, the person(s) to whom this Notice is issued must correct the violation(s) and shall be assessed a $100.00 fine. The imposed monetary penalties are immediately due and payable to the City of Edmonds at 121 5th Avenue North, Edmonds, WA 98020 during normal City business hours. The City may issue additional Notices of Violation if the above -referenced violation(s) remain uncorrected, and fines shall continue to accrue under each Notice of Violation until this matter is resolved to the satisfaction of the City. Further, if correction is not made by 4:OOPM on May 25, 2023 an abatement notice may be issued warning of impending City abatement of the violation. Any and all costs, including incidental costs, will be added to the monetary penalties assessed against the person(s) to whom the Notice is issued. {JZL814861.DOC;3\00006.900150\ } Packet Pg. 51 1.a Note, this decision is appealable to the City of Edmonds Hearing Examiner by filing a complete written notice of appeal with the Planning and Development Director no later than 10 days from issuance of the NOV at 3:00 p.m. The appeal filing fee is $1108.00 adopted by City Council effective March 1, 2023 and must be paid at the time of filing the written notice of appeal. Each Notice of Violation issued by the City is separately appealable by the deadline indicated therein. Failure to appeal a Notice of Violation shall waive the right to further challenge the violation determination and monetary penalties for the period covered by that Notice of Violation. Date Served: Date Mailed: 5/2/2023 Date E-mailed 5/2/2023 Issuing Parry: Dan Gooding Title: Code Enforcement Officer Signature: j%" "ao4 {JZL814861.DOC;3\00006.900150\ } Packet Pg. 52 1.a 155 3rd Ave S, Edmonds WA Street Trees in Adjacent Right -of -Way Photos taken May 30, 2023 by J.McConnell Dayton Street — L: Looking West. R: Looking East Root Ball on Private Property: Packet Pg. 53 1.a Elliot and Sonya Shaw 5326 156th Street South East Bothell, WA 98012 425 224 0067 shawelevator@comcast.net May 5th , 2023 City of Edmonds Planning and Development 121 5th Avenue North Edmonds, WA 98020 Dear City of Edmonds, S a 10E My husband and I are writing to appeal against the decision to remove four trees on the corner of Third Avenue South and Dayton Street. In the Description of Violation, it states trimming of the trees along the property frontage caused damage to the trees to the point they must be replaced. This assessment was determined in 2020. In November of 2020, there was a conversation between us and City staff to see if they would approve the services of an outside arborist to perform a tree assessment at our expense as well as an onsite visit from the City. These requests were later denied, citing code ECDC 18.85.020 which states a permit is required to prune or otherwise change a tree on a street etc. There is no denial of the fact that a permit was not applied for nor granted. This was due to our lack of knowledge of the permitting process. Due to not receiving City approval, there has been zero cooperation with the City to entertain other professional opinions about the health of these trees. All correspondence with the City has been about permitting. In the early part of 2021, Elliot and I contracted the services of an outside arborist to perform a tree assessment of said trees. The final determination was that the four trees would recover and resprout. We would like to have the opportunity to contract the services of an arborist to provide a thorough assessment as well as a second opinion as to the condition of the four trees since they are thriving and doing quite well in the year 2023. In light of these facts, we request that the City of Edmonds reconsider the removal of these vibrant trees. Respectfully, Elliot and Sonya S>aw Packet Pg. 54 1.a CITY OF EDMONDS NOTICE OF CODE ENFORCEMENT APPEAL PUBLIC HEARING .,17c. l O APPEAL DESCRIPTION: Appeal of Notice of Civil Violation dated May 2, 2023, requiring removal and replacement of four (4) street trees within the right-of-way adjacent to 155 3rd Ave S. The subject trees had been trimmed to the extent they were harmed beyond their ability to fully recover. PROJECT LOCATION: 155 3rd Ave S, Edmonds WA 98020 NAME OF APPELLANT: Elliot & Sonya Shaw FILE NO.: COD2022-0126 PUBLIC HEARING CITY CONTACT A hybrid public hearing will be held by the Hearing Examiner on June 8, 2023, at 3 p.m. The physical location is at Edmonds City Hall, 121 5th Avenue N, 3rd Floor, Brackett Room. Or join the Zoom meeting at: https://edmondswa- eov.zoom.us/i/82688031743 Meeting ID: 826 8803 1743 Passcode: 308007 Or join by phone: 253-215-8782 UEROWk5hdU5DN1dRK1V3MkR2WTRSdz09 Jeanie McConnell, Engineering Program Manager Jeanie.mcconnell@edmondswa.gov 425-771-0220 Packet Pg. 55