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Nguyen issued NOV.pdf`nc. 199„ CITY OF EDMONDS 1215th Avenue North, Edmonds WA 98020 Phone: 425.771.0220 • Fax: 425.771.0221 • Web: www.edmondswa. DEVELOPMENT SERVICES DEPARTMENT • PLANNING DIVISION Location of Violation (Address and/or description of location): The vacant parcel north of Haines Wharf Park - Parcel No. 00513105900600. Issued To: Chien D. Nguyen Address of persons/entities This Order Is Issued To: Chien D. Nguyen 10028 Marine View Drive Mukilteo, WA 98026 Description of Violation: On or about February 17, 2015, staff from the City of Edmonds Parks & Recreation Department found evidence of tree cutting (topping) at the vacant parcel immediately to the north of Haines Wharf Park. The subject parcel is owned by Mr. Nguyen. The parcel is located within the North Edmonds Earth Subsidence and Landslide Hazard Area and is considered a critical area pursuant to ECDC 23.80.020. According to Neal Baker, a certified arborist with ArboristsNW retained by Mr. Nguyen, 13 healthy Red Alders, which had not been previously topped, were topped at approximately 15- 20'. However, while the cutting (topping) was performed on Mr. Nguyen's parcel, he did not have knowledge of the work. It is unknown who authorized or performed the work. Code Sections Violated: Edmonds Community Development Code (ECDC) 23.40.160 Review Criteria, ECDC 23.40.220 Allowed Activities within Critical Areas, and ECDC 23.80.040 Allowed Activities within Geologically Hazardous Areas. Since the slope where the cutting occurred is a potential landslide hazard as defined by the City's critical areas regulations (ECDC 23.80.020), the area is subject to the provisions of ECDC 23.40 (Environmentally Critical Areas General Provisions) and ECDC 23.80 (Geologically Hazardous Areas). ECDC 23.40.220 details activities that are allowed in critical areas and critical area buffers in general, and ECDC 23.80.040 details activities that are allowed in geologically hazardous areas. The cutting of vegetation on the slope does not fall under any of the allowed activities identified in ECDC 23.40.220 or ECDC 23.80.040. 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 «fa critical area orits 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 »fgravel, nnodifvingfor surface water management purposes, or any other human activity that changes the existing /ondfonns,vegetation, hydrology, w/iluVifeDrwiloYife habitat value «fcritical areas. The topping of the previously untopped, healthy red alder trees is an unauthorized alteration within a critical area. Monetary Penalty: ECDC23.40.24O.E(Unauthorized critical area alterations and enforcement) establishes that violations of the critical area code are subject to penalties set forth in ECDC l8.45.O7Oand l0.45.O75. ECDCl8.45.07O.Bestablishes acivil penalty inonamount not to exceed $l,OOOfor atree ofuptothree inches and $9,000for atree three inches ormore. Pursuant to ECDC 18.45.070.C, the fines established in ECDC 18.45.070.13 shall be tripled for clearing which occurs within any critical area or critical area buffer, or public right-of-way. In this case, since the absentee landowner did not authorize the cutting and itisunknown who authorized the work orperformed it, nObase fine is established. While itseems likely that a nearby neighbor had the work performed to improve a view of Puget Sound, there is no evidence available to support this. This notice i6imposed without prejudice hoanyotherckviichrninaii junCtkxeorotherrennedy and/or penalty available to the City. Corrective Action: The arborist report from Neal -Baker recommended that the red alders be correctively pruned in 2-3 years to re-establish the central trunk normally associated with red alders. This isrequired and shall becompleted bythe end of2Ol7. Aninspection shall be scheduled with the City after this work iscomplete. Within three months ofthe date nfissuance Ofthis notice, "no trespassing" signs shall be posted at the site and invasive species on the site such as blackberries shall be removed using hand labor and light equipment inaccordance with ECDC2S.4O.22O.[.7.a. Aninspection shall bescheduled with the City after this work iscomplete. i his decision is appealable to the City of Edmonds Hearing Examiner by filing a complete no later than MaV I at 4:00 pm. The appeal filing fee is $705. Date Posted: Date Mailed: Date Served: April 17, 2015 Issuing Party: lo Director, DevelopMent Services Department Signature