Notice of Violation and Monetary Fine.pdf121 5" Avenue North, Edmonds WA 98020
Phone: 425.771.0220 ® Fax: 425.771.0221 ® Web w\Arty thin :nn(ls r �,��y
DEVELOPMENT SERVICES DEPARTMENT ® PLANNING DIVISION
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Location of Violation (Address and/or description of location): Olympic View Drive right-of-way
adjacent to the property addressed 18703 Sound View Place
Issued To: Richard Megenity
Address of Person This Order Is Issued To: 18715 Olympic View Drive
Code Section Violated: Edmonds Community Development Code (ECDC) 23.40.220 Allowed
Activities within Critical Areas, ECDC 23.80.040 Allowed Activities within Geologically Hazardous
Areas, and ECDC 18.60.000 Right -of -Way Construction Permits required.
Description of Violation:
Mr. Megenity lives on the east side of Olympic View Drive (OVD) at 18715 OVD. Mr. Megenity
admittedly either cut or had cut trees located within the right-of-way on the west side of OVD
adjacent to the property addressed 18703 Sound View Place. Utility lines run along the west side of
OVD at this location, so many of these trees had been previously topped to prevent them from
interfering with the utility lines. According to Snohomish County PUD, the last time the trees at this
location were topped was in 2005. A certified arborist (Daniel Krause, WE -1435A) hired by Mr.
Megenity evaluated the tree cutting activity and found that the vast majority of the trees and
brush/saplings appeared to be cut at or above the previous point of topping made by PUD. The
arborist indicated that three cuts were made to saplings approximately three feet below this level with
the diameter of the cuts being approximately 3 inches.
The trees in question are located on a slope that slopes to the west at approximately 47% according to
the City of Edmonds LiDAR information. This slope qualifies the site as a potential landslide hazard
area pursuant to ECDC 23.80.020. Also as noted above, the trees are located within the City of
Edmonds Olympic View Drive right-of-way. Mr. Megenity crossed the street and cut trees that
clearly were not located on his property without approval from the City of Edmonds or Snohomish
County PUD. This activity is in violation of ECDC 23.40.220 Allowed Activities within Critical
Areas, ECDC 23.80.040 Allowed Activities within Geologically Hazardous Areas, and ECDC
18.60.000 Right -of -Way Construction Permits required.
Monetary 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.B 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. The
arborist letter indicated that three trees that were cut below the previous level had a diameter of
approximately 3 inches. Pursuant to ECDC 18.45.070.C, the fines established in ECDC 18.45.070.B
shall be tripled for clearing which occurs within any critical area or critical area buffer, or public
right-of-way.
Since the majority of the trees had been previously topped and the cutting of these trees did not occur
below this level, the City of Edmonds is only assessing_ penalties on the three trees that were cut
below any previous level of topping. Pursuant to ECDC 18.45.070.13 a fine of $1,000 per tree is
hereby assessed, which according to ECDC 18.45.070.0 is tripled to $3,000 per tree because the
activity occurred within a critical area and/or critical area buffer, and within the public right-of-way.
This penalty amount is supported by: the plain text of the ECDC with respect to unauthorized tree
cutting, (ii) the egregiousness of the violation in that it was clear that the trees were not on Mr.
Megenity's property and (iii) Mr. Megenity's responsiveness in submitting information after the
violation. The total civil monetary penalty assessed for the above -referenced violation is
$9,000.00.
Corrective Action Required: In addition to the monetaa penalty imposed above, the following
corrective actions are required:
1. Mr. Megenity is required to remove the debris left on the ground as a result of the subject tree
cuttingactivity.
ctivity.
2. Mr. Megenity_ inquired to submit a planting plan prepared by a certified arborist or a
registered landscape architect to the City of Edmonds for approval in order to restore a screen
the vegetation provided the adjacent property owners at 18703 Sound View Place prior to
cutting the trees. Species should be native and indigenous to the site, appropriate for the
location under utility lines and evergreen species to provide year round screening_
Correction is required no later than:
1. The debris on the subject site shall be cleaned up by June 15, 2012,
2. Full payment of the monetary penalty imposed above shall occur no later than June 29, 2012.
3. A planting plan must be submitted to the City of Edmonds no later June 29, 2012.
4. Mitigation described in approved planting plan must occur no later than September 30, 2012.
This Notice is imposed without prejudice to any other civil, criminal, injunctive or other remedy
and/or penalty available to the City_.
Note: Mr. Megenity must correct the violation as directed above, and pay the monetary
penalty of $9,000. 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 June 11, 2012 at 4:00 pm. The appeal filing fee is $705.
Date Posted: " Date Mailed: May 31, 2012 Date Served IJ `
Issuing Party Rob Chave Title Director, Development Services Department
Signature:._.........