Edmonds - Hathaway NOV.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): 17035 76th Avenue West Edmonds
WA 98026 (owned by Gregory and Kathleen Strand)
Issued To: Michael Hathaway
Address Of Person This Order Is Issued To: 1526 49th Street NE, Tacoma, WA 98422 (formerly of
1701674 th Avenue West, Edmonds)
Code Section Violated: Edmonds Community Development Code (ECDC) 23.40.220 Allowed
activities within critical areas; ECDC 18.45.020 Permits
Description of Violation: A landscaping company hired by Mr. Hathaway and acting as his agent
unlawfully cut down four evergreen trees on the Strand's property on January 24, 2010. This work was
done in violation of City code and in violation of an existing approved conditional use permit for tree
cutting at the Strand's parcel (CU -2008-0040). The conditions of approval for the tree cutting work had
not been satisfied at the time of the illegal removal as was indicated in a letter decision issued by City
staff on January 10 2010. The Hearing Examiner confirmed that the permit conditions had not been
satisfied in her decision regarding Mr. Hathaway's appeal of staff's letter decision (APL -2010-0001)
April 9, 2010.
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 day 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. Pursuant to ECDC 18.45.070.C, the penalty for unauthorized land
clearing within a critical area buffer is $3,000 per day and/or $1,500 per tree.
Pursuant to ECDC 23.40.240.E and ECDC 18.45.070.0 a fine of $1,500 per tree is hereby assessed.
This penalty amount is supported by: (i) the plain text of the ECDC with respect to unauthorized tree
removal within critical areas (ii) the severity of the violation, (iii) Mr. Hathaway's deliberate violation
of both the approved conditional use permit and the City code and (iv) the fact that the unlawful tree
cutting occurred on property owned by other private parties. The total civil monetary penalty assessed
for the above -referenced violation is $6,000.00.
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Corrective Action Required: In addition to the monetaa penally imposed above, Mr. Hathaway
required to work with the Strands to satisfy the remaining conditions of CU -2008-0040 beginning with
submitting an Lipdated tree replacement and management plan, planting schedule and cost estimate as
identified in Condition #3 of CU -2008-0040. Mr. Hathaway must obtain permission from the Strands to
perform the required mitigation work on the Strand's property and said mitigation work shall be
performed at his sole expense.
Date Correction is Required: Pursuant to the conditional approval of CU -2008-0040 (and its
subsequent timeline extension), all required mitigation work must be completed by August 11, 2010.
Full payment of the monetary penallyposed above shall occur no later than September 1, 2010.
FAILURE TO COMPLETE THE REQUIRED MITIGATION WORK BY THE ABOVE
DEADLINES MAY RESULT IN THE IMPOSITION OF ADDITIONAL MONETARY
PENALTIES.
This Notice is imposed without prejudice to any other civil, criminal, injunctive or other remedy and/or
penalty available to the City and/or any other party.
Note: The City acknowledges that Mr. Hathaway has filed a Land Use Petition Act (LUPA)
appeal of the Hearing Examiner's decision (APL -2010-0001) in Snohomish County Superior
Court. If the Hearing Examiner's decision is reversed on appeal, the monetary penalty imposed in
this notice shall be null and void.
Note: Mr. Hathaway must correct the violation as directed above, and pay the monetary penalty
of $6,000. 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 May 21, 2010 at 4:30 pm. The fee to appeal a notice of civil violation is
$705.
Date Posted: Date Mailed: May 7, 2010 Date Served
Issuing Party Michael Clugston Title Planner
Signature
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