Ordinance 3828ORDINANCE NO. 3828
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING ECDC 18.45.070 AND ECDC
23.40.240(E) TO INCREASE THE PENALTY FOR
UNAUTHORIZED CLEARING, AND FIXING A TIME WHEN
THE SAME SHALL BECOME EFFECTIVE.
WHEREAS, the City has recently experienced a number of unauthorized clearing
of trees, including those on critical areas and public property; and
WHEREAS, unauthorized clearing of trees negatively impacts the environment,
as well as the well being of the community; and
WHEREAS, the current penalties for unauthorized clearing of trees do not appear
to be a sufficient deterrent to certain people; and
WHEREAS, at present, the increase in value of real estate can outweigh the risks
of unauthorized clearing of trees; and
WHEREAS, although, for the long term, the City needs to study a more
comprehensive manner of regulating and penalizing unauthorized clearing, the City Council
finds that immediate action must be taken to curtail unauthorized clearing by increasing the
minimum per tree civil penalty for said violation; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
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Section 1. Amended. Section 18.45.070 of the Edmonds Community
Development Code ( "ECDC ") is hereby amended to read as follows:
18.45.070 Violations and penalties.
A. A violation of any of the provisions of this chapter shall
constitute a misdemeanor and shall be punishable as provided in
Chapter 5.50 ECC: Each and every day or portion thereof during
which any violation of any of the provisions of this chapter is
committed or permitted to continue shall constitute a separate
offense.
B. Any person found to be in violation of the provisions of this
chapter shall be subject to a civil penalty in an amount not to
exceed $1,000 penalty for a tree of up to three inches and $3,0.00
for a tree 3 inches or more. This civil penalty may be in addition to
any criminal, civil, or injunctive remedy available to the city. The
planning division manager shall utilize the procedures outlined in
Chapter 20.110 ECDC in order to notify an individual of violation;
provided, however, that the same shall commence with a notice of
civil violation as provided in ECDC 20.110.040(B) and be subject
to an appeal as provided in ECDC 20.110.040(C).
C. The fines established in subsection (B) of this section shall be
tripled for clearing which occurs within any critical area or critical
area buffer, in any earth subsidence or landslide hazard area, any
native growth protection easement, in any area which is designated
for transfer or dedication to public use upon final approval of a
subdivision, planned residential development or other development
permit or for clearing which occurs on any portion of public
property or within any portion of the public right -of -way.
Section 2. Amended. Subsection (E) of ECDC 18.45.070 is hereby amended to
read as follows:
23.40.240 Unauthorized critical area alterations and
enforcement.
E. Penalties. Any person, party, firm, corporation, or other legal
entity convicted of violating any of the provisions of this title shall
be guilty of a misdemeanor and subject to penalties set forth in
ECDC 18.45.070 and .075. Each day or portion of a day during
which a violation of this title is committed or continued shall
constitute a separate offense. Any development carried out
contrary to the provisions of this title shall constitute a public
nuisance and may be enjoined as provided by the statutes of the
state of Washington. The city of Edmonds may levy civil penalties
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against any person, party, firm, corporation, or other legal entity
for violation of any of the provisions of this title. The civil penalty
shall be assessed as proscribed for in ECDC 18.45.070 and .075.
Section 3. If any section, sentence, clause or phrase of this ordinance should be
held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of any other section, sentence,
clause or phrase of this ordinance.
Section 4. Effective Date. This ordinance, being an exercise of a power specifi-
cally delegated to the City legislative body, is not subject to referendum, and shall take effect
five (5) days after passage and publication of an approved summary thereof consisting of the
title.
ATTEST /AUTHENTICATED:
ITY CLERK, SANDRA S. CHASE
APPROVED AS TO FORM:
OFF
IM
W. SCOTT SNYDER
APPROVED:
MAYOR MIKE COOP13R
FILED WITH THE CITY CLERK: 12 -03 -2010
PASSED BY THE CITY COUNCIL: 12 -07 -2010
PUBLISHED: 12 -14 -2010
EFFECTIVE DATE: 12 -19 -2010
ORDINANCE NO. 3828
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SUMMARY OF ORDINANCE NO. 3828
of the City of Edmonds, Washington
On the 7th day of December, 2010, the City Council of the City of Edmonds,
passed Ordinance No. 3828. A summary of the content of said ordinance, consisting of the title,
provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING ECDC
18.45.070 AND ECDC 23.40.240(E) TO INCREASE THE PENALTY FOR UNAUTHORIZED
CLEARING, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE.
The full text of this Ordinance will be mailed upon request.
DATED this 8th day of December, 2010.
.J ,G. �
CITY CLERK, SANDRA S. CHASE
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STATE OF WASHINGTON,
COUNTY OF SNOHOMISH
SUMMARY OF ORDINANCE NO. 3828
of the City of Edmonds, Washington
On the 7th day of December, 2010, the City Council of the City
of Edmonds passed Ordinance No. 3824. A summary of the con -
tent of said ordinance, consisting of the title, provides as follows:
AN ORDINANCE OF THE CITY OF EMONDS,-WASHING-
TON; AMENDING ECDC 18.45.070 AND ECDC23.40.240 E).
TO INCREASE THE PENALTLY FOR UNAUTHORIZED
CLEARING, AND FIXING A TIME WHEN THE SAME SHALL
.BECOME EFFECTIVE.
The full text of this Ordinance will be mailed upon request.
DATED this 8th day of December, 2010.
Published: December 14, 20CITY CLERK, SANDRA S. CHASE
10.
OEC 2 T ?0;0
Affidavit of Publication
S.S.
The undersigned, being first duly swom on oath deposes and says that she is Principal Clerk of
THE HERALD, a daily newspaper printed and published in the City of Everett, County of
Snohomish, and State of Washington; that said newspaper is a newspaper of general
circulation in said County and State; that said newspaper has been approved as a legal
newspaper by order of the Superior Courtof Snohomish County and that the notice
Summary of Ordinance NO. 3828
re: Increased Penalty for Unauthorized Clearing
a printed copy of which is hereunto attached, was published in said newspaper proper and not in
supplement form, in the regular and entire edition of said paper on the following days and
times, namely:
December 14, 2010
and that said newaper was regularly distributed to its subscribers during all of said period.
Account Name: City of Edmonds Account Number: 101416 Order Number: 0001721193