20090720100007.pdfCITY OF EDMONDS
DEVELOPMENT SERVICES DEPARTMENT
121 5th Avenue North, Edmonds, WA 98020
NOTICE OF VIOLATION AND
MONETARY FINE
Location of Violation (Address and/or description of location): 1021 Brookmere Drive
Issued To: Jim and Linda Hoffman
Address Of Person This Order Is Issued To: 1021 Brookmere Drive, Edmonds, WA 98020
Code Section Violated: Edmonds Community Development Code (ECDC) 18.45.020 Land clearing
and Tree Cutting without a permit, ECDC 23.40.220 Allowed activities within critical areas, ECDC
23.50.040 Development standards for wetlands, and ECDC 2390.040.1) Development standards for
streams
Description of Violation: A tree service compare hired by Mr. and Mrs. Hoffman and acting as their
anent unlawfully cut eiaht cottonwood trees within the buffer of Shell Creek and an associated wetland.
The trees were topped at approximately 15 feet above ground, ultimately creating_ wildlifesnags. The
properties owners had previously received a tree cutting permit CUT -95-110 that included these eight
cottonwood trees. However, pursuant to ECDC 18.45.045.C, tree cutting_permits expire one year from
the date of issuance, which was January 11, 1997 for CUT -95-110.
The City first became aware of this violation when the City of Edmonds received a call from a neighbor
reporting the tree cutting activity on April 9, 2009. A Notice of Enforcement Violation was issued and
the propegy owners immediately bg an to seek permits for the violation..
Anadromous fish have access to the lower reaches of Shell Creek and the property owner has witnessed
spawning salmon on the subject property. The potential impacts to the stream as a result of this
violation include, but are not necessarily limited to, water quality degradation, and.. stream temperature
alteration.
Monetary Penalty: ECDC 23.40.240.E — Unauthorized critical area alterations and enforcement —
establishes that the civil penalty for critical area violations shall be assessed at a maximum rate of
$3,000 dollars per da per violation and/or $1,500 per tree for unauthorized clearing within a critical
area or critical area buffer pursuant to the provisions of ECDC 18.45.070 — Violations and penalties for
land clearing and tree cutting. ECDC 18.45.070.13 establishes the penqLty for unauthorized land clearin
or tree cutting at $1,000 a day and/or $500 per tree. Pursuant to ECDC 18.45.070.C, the penalty for
unauthorized land clearing within a critical area buffer is $3,000 per da_y_ and/or_$1,500_per tree.
Pursuant to ECDC 23.40.240.E and ECDC 18.45.070 a fine of $500 per tree is hereby assessed. This
penqjjy amount is sLipported b i the plain text of the ECDC with respect to unauthorized tree cutting
ii the realative inseverity of the violation (iii) the fact that the property owners previously received a
permit for the cutting of the subject trees but failed to cut the trees before the permit expired, and iv the
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Hoffmans' responsiveness in submitting a com lete a lication for mitt atin the violation. The total
civil monetary penalty assessed for the above -referenced violation is $4,000.00
Corrective Action Required: In addition to the monetary penalty imposed above, Mr. and Mrs.
Hoffman are required to perform the mitigation for the violation detailed in the conditions of a royal
for CU -2009-0029 as approved b the City of Edmonds through the administrative conditional use
process.
Correction is Required no later than: Pursuant to the approval under CU -2009-0029, all required
mitigation work must be completed by April S, 2010. Full payment of the monetary.. penalty_ imposed
above shall occur no later than September 1, 2009.
This Notice is imposed without prejudice to an other civil criminal injunctive or other remedy and/or
penalty available to the City.
Note: Mr. and Mrs. Hoffman must correct the violation as directed above, and pay the
monetary penalty of $4,000. 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 August 3, 2009 at 4:30 p_m. The appeal
filing fee is $705.
Date Posted: Date Mailed: July-20, 2009 Date Served
Issuing PartyRob Chave Title Planning Division Manager
Signature
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