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Lewis tree NOV and penalty.pdf'U. Lb✓ CITY OF EDMONDS 1215 th Avenue North, Edmonds WA 98020 Phone: 425.771.0220 • Fax: 425.771.0221 • Web: www,edmondswa.oy DEVELOPMENT SERVICES DEPARTMENT • PLANNING DIVISION Location of Violation (Address and/or description of location): The violation occurred on and immediately south of the property addressed as 18910 Soundview Place, Edmonds, WA (tax parcel # 00498400000400). Issued To: Jeff Lewis and Edmonds Tree Service Address of persons/entities This Order Is Issued To: Jeffrey Lewis Edmonds Tree Service 18910 Soundview Place Steve Schlecht Edmonds, WA 98020 7427 — 201s' Place SW Lynnwood, WA 98036 Code Section Violated: Edmonds Community Development Code (ECDC) 23.40.160 Review Criteria, ECDC 23.40.220 Allowed Activities within Critical Areas, ECDC 23.80.040 Allowed Activities within Geologically Hazardous Areas, and ECDC 23.90.040.D Development standards for streams. Description of Violation: Mr. Lewis is in the process of an extensive remodel of an existing house at 18910 Soundview Place as part of building permit BLD20150148. As was identified through critical area reports submitted with the building permit, Fruitdale Creek runs across the neighboring parcel to the south roughly parallel to the subject site at the bottom of a short steep slope. As a condition of development, stream buffer mitigation was required near portions of Mr. Lewis's south property line, including removal of invasive species such as English ivy, blackberries and several Holly trees in addition to replanting with native species. Mr. Lewis contracted with Edmonds Tree Service to perform that work. In addition to the approved work, however, additional trees were cut or removed. According to the arborist report submitted by Mr. Lewis from Arbor Options (dated July 29, 2015), a total of five trees were removed and eight trees were cut or pruned by Edmonds Tree Service. Exhibit A includes a description of the species, size, and activity on each tree as summarized from the arborist report. All of the tree cutting activity occurred within 50 feet of Fruitdale Creek. Since the slope near where the cutting occurred is a potential landslide hazard as defined by the City's critical areas regulations (ECDC 23.80.020) and is also located within a stream buffer as defined by ECDC 23.90.040.D, the area is subject to the provisions of Chapter 23.40 ECDC — Environmentally Critical Areas General Provisions, Chapter 23.80 ECDC — Geologically Hazardous Areas, and Chapter 23.90 ECDC — Fish and Wildlife Habitat Conservation Areas. ECDC 23.40.220 details activities that are allowed in critical areas and critical area buffers in general, ECDC 23.80.040 details activities that are allowed in geologically hazardous areas, and ECDC 23.90.040.1) notes that no alteration to a stream or stream buffer shall be permitted unless consistent with the provisions of the City's critical area regulations and the specific provisions in ECDC 23.90.040.D. The additional cutting of vegetation on the slope and the stream buffer that was not part of the approved mitigation plan associated with BLD20150148 does not fall under any of the allowed activities identified in ECDC 23.40.220 or ECDC 23.80.040 and is not consistent with the provisions detailed in ECDC 23.90.040.D. ECDC 23.40.160 requires any alteration of a critical area to be reviewed and approved, approved with condition, or denied based on criteria established in ECDC 23.40.160 and the City's critical area regulations. Pursuant to ECDC 23.40.320, "Alteration" means: ...any human -induced action which changes the existing condition of a critical area or its buffer. Alterations include, but are not limited to: grading; filling; dredging; draining; channelizing; cutting, pruning, limbing or topping, clearing, relocating or removing vegetation; applying herbicides or pesticides or any hazardous or toxic substance; discharging pollutants; paving, construction, application of gravel; modifying for surface water management purposes; or any other human activity that changes the existing landforms, vegetation, hydrology, wildlife or wildlife habitat value of critical areas. With the exception of the four Holly trees that were to be removed as part of the previously approved critical area mitigation plan associated with BLD20150148, the additional tree cutting activity detailed in Exhibit A is an unauthorized alteration within a critical area. M'' o et r 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 a civil penalty in an amount not to exceed $1,000 penalty for a tree of up to three inches and $3,000 for a tree three inches or more. Pursuant to ECDC 18.45.070.C, the fines established in ECDC 18.45.070.13 are tripled for clearing which occurs within any critical area or critical area buffer, or public right-of-way. Exhibit A details the trees that were cut and the subject of this violation as well as the monetary penalty assessed for each tree. Mr. Lewis provided an arborist report that detailed the tree numbers, species, diameter at breast height (dbh) from which the City then prepared Exhibit A. Each tree was assessed a base fine under ECDC 18.45.070.13 depending on the specific activity associated with each specific tree. All fines established pursuant to ECDC 18.45.070.13 are tripled due to their location within a critical area and/or critical area buffer. While a range of possible monetary penalties could be appropriate in a case like this, the mid-range penalty amount proposed is supported by: (i) the plain text of the ECDC with respect to unauthorized alterations within a critical area, (ii) the egregiousness of the violation in that several of the trees were not on Mr. Lewis's property, (iii) Edmonds Tree Service knowledge of tree cutting permit requirements, (iv) Mr. Lewis's responsiveness in submitting information after the violation, and (v) the fact that all of the trees that were cut without permit (except for the Big Leaf Maple) have a high likelihood of survival according to the arborist report. The total civil monetary penalty assessed for the above -referenced violation is $6,900.00. This Notice is imposed without prejudice to any other civil, criminal, injunctive or other remedy and/or penalty available to the City. Corrective Action: In addition to the monetary penalty imposed above, the following corrective actions are required: 1. The Mitigation Plan prepared by Arbor Options, dated July 14, 2015 must be implemented by October 31, 2015. Permission must first be obtained from the adjacent landowner to the south and the two replacement vine maples must be installed on the slope near where the Big Leaf Maple was removed. 2. The vine maples are subject to the monitoring and maintenance plan included with the Critical Areas Report and Proposed Mitigation Plan for the Lewis property by Wetlands & Wildlife dated March 24, 2015, which is associated with building permit BLD20150148. Note: Mr. Lewis and/or Edmonds Tree Service must pay the monetary penalty of $6,900 by September 28, 2015. 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 Se rtember % 2015 at 4:00 Ori. The appeal filing fee is $705. Date Posted: Date Mailed: Date Served August 26, 2015 Issuing Party Shane Hope Title Director, Development Services Department Signature 2--- Exhibit A Base Fine Treble Fine ECDC ECDC Tree No Species Diameter Ukelihood of Survival Activity ._...F-.� 18.45.070.B 18.45.070.0 .. 1 Willow 70' �� High On adjacent property; pruned lower 3' feet, limbed up on north side of tree S50 $150 2 Leyland cypress 5.T"° High ........ _--... Topped by 3-5' and side - limbed 34 S50 5150 3 Leyland cypress 54' High Topped by 3-5' and side - limbed 3-4' 1 $50 $150 4 Leyland cypress 6.0"" High Topped by 3-5' and side - limbed 3-4' $50 $150 . _- 5 __.........� Leyland cypress 6,9" ..... High Topped by 3-5' and side - limbed 3-4' _............ $50 5150 6 ....... Old stump n/a . n/a Small water sprouts removed $0 $0 7 Cherry 13" High Uncut - supported Tree 8. Tree 8 was cut to remove weight on Tree 7 SO SO 8 Douglas fir 14" High On adjacent property; previously fell over in critical area. Top of Tree 8 was removed near where it leaned on Tree 7 $0 SO 9 _--- Holly V n/a ............. Removed as part of approved mitigation plan w-.._...-.. $0 _..�,,_ SO _..._._._ 10 Holly..... 11 n/a........._-�.. Removed as part of approved mitigation plan SO $0 11 Holly 12" �...IT n/a Removed as part of approved mitigation plan $0 $0 12 Holly _... 14 "' n/a Removed as part of approved mitigation plan _..� $0 $0 13 ..------ Bigleaf maple 8.5" & n/a On adjacent property; 4.3" removed to 1.5' stump. stems Two stems had significant lean to the east - may have been considered hazardous. Sprouts should be allowed to regrow and be maintained. 2 vine maples to replace adjacent. $1,500 $4,500 14 Douglas fir 12" Medium -High On adjacent property; by photo, topped at level below previous top on adjacent parcel - additional corrective pruning recommended 5500 $1,500 .....a. ..... 15 ..W..... __� English laurels n/a High On adjacent property; pruned - on monitor list of WA State noxious weed list; King County weed of concern $50 5150 Total Fine $6,900