PLN20120009 Notice of Violation and Monetary fine.pdfCITY OF EDMONDS
121 5th Avenue North, Edmonds WA 98020
Phone: 425.771.0220 • Fax: 425.771.0221 • Web: www.edmondswa.gov
DEVELOPMENT SERVICES DEPARTMENT • PLANNING DIVISION
C. 1890
Location of Violation (Address and/or description of location): 18626 — 941h Avenue West
Issued To: Gary Ferran
Address Of Person This Order Is Issued To: PO Box 30981, Bellingham, WA 98228
Code Section Violated: Edmonds Community Development Code (ECDC) 18.45.020 Land
clearing and Tree Cutting without a permit and ECDC 23.40.220 Allowed activities within
critical areas.
Description of Violation: The property owner allowed four trees to be removed on the property
located at 18626 - 94th Avenue West without a tree cutting permit from the City of Edmonds.
The four trees are located in an area on the property that qualifies as a critical area (erosion
hazard) and that has slopes of approximately 28 percent according to the City's LiDAR
information. Pursuant to ECDC 18.45.030.A, a tree cutting permit is required for cuttingtrees
rees
on improved single-family lots where the slope exceeds 25 percent. Pursuant to ECDC
23.40.220.C.7 hazardous trees and invasive species may be removed from critical areas. An
arborist report submitted with the post event tree cutting application identified two of the four
trees removed as hazard trees. The arborist report indicated one of the trees removed (Portugal
laurel, Prunus lusitanica) is considered an invasive species. However, the only laurel identified
on the Washington State and Snohomish County Noxious weed list is spurge laurel (Daphne
laureola) which is a Class B weed. So while two of the trees were considered hazardous,
ultimately a tree cutting permit is required because the other two trees were not hazardous or on
the noxious weed list.
The City first became aware of this violation when a neighbor reported the tree cuttingactivity
ctivity
on about February 15 2012. After verifying the activity, the City informed the property owner of
the violations in a letter dated February 17, 2012. Neighbors associated with the tree cutting
began seeking permits upon receipt of the letter and an application for a tree cutting permit was
filed on March 14, 2012. (Note: The application contained a request to remove four additional
trees which has been granted.)
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 18.45.070.13 establishes the any person found to be in
violation of the provisions of ECDC 18.45 shall be subject to a civil penalty in an amount not to
exceed $1 000 penalty for a tree of u_p to three inches and $3,000 for a tree three inches or more.
All trees removed exceeded three inches in diameter. Pursuant to ECDC 18.45.070.0 the fines
established in ECDC 18.45.070.13 shall be tripled for clearing which occurs within any critical
area or critical area buffer.
Since two of the trees were documented as hazard trees, the City of Edmonds is only assessing
penalties on the two trees that did not qualify as hazard trees in need of immediate action.
Pursuant to ECDC 18.45.070.13 a fine of $150 per tree is hereby assessed, which according to
ECDC 18.45.070.0 is tripled to $450 per tree because the activity occurred within a critical area.
This penalty amount is supported by: (i) the plain text of the ECDC with respect to unauthorized
tree cutting, ii) the relative minor nature of the violation, and (iii) the property owner's
responsiveness in submitting a complete application for mitigating the violation. The total civil
monetary penalty assessed for the above -referenced violation is $900.00
Corrective Action Required: In addition to the monetary penally imposed above, Mr. Ferran is
required to perform the mitigation for the violation detailed in the conditions of approval for
PLN20120009 as approved by the City of Edmonds through the administrative conditional use
process.
Correction is Required no later than: Pursuant to the approval under PLN20120009, all
required mitigation work must be completed by March 1, 2013. Full payment of the monetary
penalty imposed above shall occur no later than May 31, 2012.
This Notice is imposed without prejudice to any other civil, criminal, injunctive or other remedy
and/or penalty available to the C1tL.
Note: Mr. Ferran must correct the violation as directed above, and pay the
monetary penalty of $900. 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 14, 2012 at 4:00
Pin. IThe appeal filing fee is $705.
Date Posted:
Date Mailed: May 2, 2012 Date Served
Issuing Party Rob Chave Title Director, Development Services Department
Signature /