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HomeMy WebLinkAboutAdmin Record w BatesCynthia Moya From: Sent: To: Phil Olbrechts <olbrechtslaw@gmail.com> Wednesday, March 5, 2025 2:24 PM Elizabeth Luksetich Cc: Subject: Cynthia Moya; Julie M. Pendleton; Jason Seth; Eric Petzold; Sheila Madsen; Donna Locher Code Case No. CODE-24-000261 --Order of Dismissal Attachments: Order of Dismissal --Olivet.pdf Follow Up Flag: Follow up Flag Status: Flagged CAUTION: This email originated from outside the City of Renton. Do not click links, reply or open attachments unless you know the content is safe. Order of dismissal for Code Case No. CODE-24-000261 (Mt. Olivet Notice of Violation appeal) attached. The attached constitutes the final land use decision of the City of Renton, appealable to King County Superior Court under the Washington State Land Use Petition Act (LUPA), Chapter 36. 70C RCW. As governed by LUPA, appeal petitions must be served and filed within 21 days of the issuance of the attached decision. On Tue, Dec 3, 2024 at 3:08 PM Elizabeth Luksetich <luksetich@lasher.com> wrote: Good Afternoon, Attached are a Letter from Julie M. Pendleton and Notice of Appearance for Julie M. Pendleton. Thank you, Liz Elizabeth Luksetich I Legal Assistant Lasher Holzapfel Sperry & Ebberson direct: +1 206-332-7552 email: luksetich@lasher.com From: Cynthia Moya <CMoya@Rentonwa.gov> Sent: Tuesday, November 26, 2024 8:55 AM To: Julie M. Pendleton <pendleton@lasher.com> Cc: Jason Seth <JSeth@Rentonwa.gov>; Phil Olbrechts <olbrechtslaw@gmail.com>; Eric Petzold <EPetzold@Rentonwa.gov>; Sheila Madsen <SMadsen@Rentonwa.gov>; Donna Locher 1 COR CODE24-000261 AR-000001 2 DLocher@Rentonwa.gov> Subject: RE: FW: Code Case No. CODE-24-000261 EXTERNAL] Here is the letter along with the attachments that went out to Mr. Colt on 11-13-2024. Thank you, CINDY MOYA | CITY CLERK SPECIALIST City of Renton / / City Clerk’s Office cmoya@rentonwa.gov Office (425) 430-6513 Work Schedule: Tues, Wed & Thurs: City Hall Mon & Friday: Work from Home From: Julie M. Pendleton <pendleton@lasher.com> Sent: Tuesday, November 26, 2024 8:51 AM To: Cynthia Moya <CMoya@Rentonwa.gov> Cc: Jason Seth <JSeth@Rentonwa.gov>; Phil Olbrechts <olbrechtslaw@gmail.com>; Eric Petzold EPetzold@Rentonwa.gov>; Sheila Madsen <SMadsen@Rentonwa.gov>; Donna Locher DLocher@Rentonwa.gov> Subject: RE: FW: Code Case No. CODE-24-000261 Hi Ms. Moya, would you please send me the attachments. I am in the process of getting my NOA prepared and on file. Happy Thanksgiving. Julie. CAUTION: This email originated from outside the City of Renton. Do not click links, reply or open attachments unless you know the content is safe. COR CODE24-000261 AR-000002 3 Julie M. Pendleton Principal 601 Union Street, Suite 2600 Seattle, WA 98101 direct: +1 206-654-2410 email: pendleton@lasher.com Click here to view my bio From: Cynthia Moya <CMoya@Rentonwa.gov> Sent: Tuesday, November 26, 2024 8:41 AM To: Julie M. Pendleton <pendleton@lasher.com> Cc: Jason Seth <JSeth@Rentonwa.gov>; Phil Olbrechts <olbrechtslaw@gmail.com>; Eric Petzold EPetzold@Rentonwa.gov>; Sheila Madsen <SMadsen@Rentonwa.gov>; Donna Locher DLocher@Rentonwa.gov> Subject: RE: FW: Code Case No. CODE-24-000261 EXTERNAL] Ms. Pendleton, Thank you for your email. Do you happen to have a Notice of Appearance for your client? I do not see one in the file. Also, do you need me to email you the letter with attachments that were sent to Mr. Colt? Thank you, CINDY MOYA | CITY CLERK SPECIALIST City of Renton / / City Clerk’s Office cmoya@rentonwa.gov Office (425) 430-6513 COR CODE24-000261 AR-000003 4 Work Schedule: Tues, Wed & Thurs: City Hall Mon & Friday: Work from Home From: Phil Olbrechts <olbrechtslaw@gmail.com> Sent: Tuesday, November 26, 2024 7:59 AM To: Julie M. Pendleton <pendleton@lasher.com> Cc: Cynthia Moya <CMoya@Rentonwa.gov>; Donna Locher <DLocher@Rentonwa.gov>; Sheila Madsen SMadsen@Rentonwa.gov> Subject: Re: FW: Code Case No. CODE-24-000261 Continuance to 12/3 granted with a 12/6 reply deadline from the City. On Tue, Nov 26, 2024 at 6:14 AM Julie M. Pendleton <pendleton@lasher.com> wrote: Good morning – resending to the correct email address for Ms. Moya. Julie. Julie M. Pendleton Principal 601 Union Street, Suite 2600 Seattle, WA 98101 direct: +1 206-654-2410 email: pendleton@lasher.com Click here to view my bio From: Julie M. Pendleton Sent: Monday, November 25, 2024 9:01 PM To: cmoya@renton.com Cc: olbrechtslaw@gmail.com Subject: Code Case No. CODE-24-000261 Good evening, CAUTION: This email originated from outside the City of Renton. Do not click links, reply or open attachments unless you know the content is safe. COR CODE24-000261 AR-000004 5 This office represents Mr. Colt in the above described matter. My client just recently forwarded me a notice transmitted on November 13, 2024 requesting a response as to the timeliness of his appeal of the Code Violation at issue that appears to be due tomorrow at 5 pm. I am writing to request a brief continuance (until December 3rd) to submit the response on Mr. Colt’s behalf. I just received a copy of this correspondence and am not available due to a number of preexisting deadlines as well as the impending holiday. Please let me know if the City of Renton will grant the requested continuance. Thank you, Julie Julie M. Pendleton Principal 601 Union Street, Suite 2600 Seattle, WA 98101 direct: +1 206-654-2410 email: pendleton@lasher.com Click here to view my bio CONFIDENTIALITY NOTICE: This email and any attachments may contain confidential or attorney-client protected information that may not be further distributed by any means without permission of the sender. If you are not the intended recipient, you are hereby notified that you are not permitted to read its content and that any disclosure, copying, printing, distribution or use of any of the information is prohibited. If you have received this email in error, please immediately notify the sender by return e-mail and delete the message and its attachments without saving in any manner. Signature forJulieM. Pendleton COR CODE24-000261 AR-000005 Order of Dismissal PAGE 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 THE HEARING EXAMINER OF THE CITY OF RENTON IN RE: James Colt; Mt. Olivet Cemetery Co. Inc. Administrative Appeal of Notice of Violation Code No. CODE-24-000261 ORDER DISMISSING APPEAL AS UNTIMELY Mr. Colt’s appeal of a Notice of Violation (NOV) issued for CODE-24-000261 is dismissed as untimely. Evidence Relied Upon 1. November 13, 2024 letter to Mr. Colt from Jason Seth dated November 13, 2024 along with 28 pages of attachments. 2. December 3, 2024 email from Elizabeth Luksetich with six pages of attachments. 3. December 6, 2024 email from Patrice Kent with 7 attachments. Findings of Fact 1. The City of Renton (City) issue four NOVs against James Colt and Mt. Olivet Cemetery Co. Inc. under the same file number for the same tree cutting violations on May 7, 2024, June 12, 2024, August 13, 2024, and finally on September 4, 2024. 2. Mr. Colt filed an appeal of one of the NOV on October 29, 2024. COR CODE24-000261 AR-000006 Order of Dismissal PAGE 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 3. On November 7, 2024 the City emailed a request to the examiner to have the appeal dismissed as untimely. This request was forwarded to Mr. Colt on or about November 13, 2024. 4. Mr. Colt’s attorney, Julie Pendleton, submitted a letter response on December 3, 2024. Ms. Pendleton explained that the appeal was only untimely due to a miscommunication in her office as to which attorney would be handling the appeal. Ms. Pendleton noted that Mr. Colt had asked her office to handle the appeal on May 13, 2024 but that through no fault of Mr. Colt the appeal was filed late. Discussion Mr. Colt asserts that his untimely appeal should be accepted because it was untimely due to excusable neglect under CR 60. CR 60 is not found to apply to untimely land use appeals. Mr. Colt relies upon a couple CR 60 cases in which default judgments are overturned due to the excusable neglect of counsel. Civil rules can provide guidance in resolving procedural issues in administrative land use appeals. However it’s highly questionable whether CR 60 by its own terms applies to the timely filing of complaints or appeals. If its terms are met, CR 60b authorizes a court to “…relieve a party or the party’s legal representative from a final judgment, order, or proceeding..” In this case Mr. Colt is not requesting that he be relieved any such judgment, order or proceeding. He is asking relief from an obligation to file a timely appeal. Although civil rules can serve as a useful source of procedural guidance in the absence of anything more direct, in this case the Land Use Petition Act (LUPA), Chapter 36.70C RCW, is more directly applicable. Code enforcement decisions qualify as land use decision under LUPA. See RCW 36.70C.020(2)(c). The filing of LUPA appeals for land use decisions is governed by RCW 36.70C.040(2). That statute provides that a land use petition is barred, and the court may not grant review, unless the petition is timely filed…” The City’s NOV appeal filing requirement reflects this language in providing that “[a]ny request for a hearing that is not timely filed with the City..” shall be denied. RMC 1-10-5B1. Washington courts have consistently held that the procedural requirements of LUPA must be strictly met before the superior court's jurisdiction may be properly invoked. See, e.g., Durland v. San Juan County, 182 Wn.2d 55, 67, 340 P.3d 191 (2014) ("[W]e require strict compliance with LUPA's bar against untimely or improperly served petitions."); RST P'ship v. Chelan County, 9 Wn.App. 2d 169, 175, 442 P.3d 623 (2019) The petitioner must strictly meet the procedural LUPA requirements before properly COR CODE24-000261 AR-000007 Order of Dismissal PAGE 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 invoking a trial court's appellate jurisdiction under the act."); Citizens to Pres. Pioneer Park, LLC v. City of Mercer Island, 106 Wn.App. 461, 467, 24 P.3d 1079 (2001) ("The procedural requirements of the Land Use Petition Act (LUPA) have to be strictly met before a trial court's appellate jurisdiction under the Act is properly invoked."). LUPA case law also makes clear that its strict construction only applies to jurisdictional requirements such as filing deadlines. “While courts have strictly construed the timing and parties that must be served in a LUPA proceeding, the courts have not elevated other procedural requirements to a ‘jurisdictional threshold.’” Prosser Hill Coalition v. Spokane County, 176 Wash. App. 280 (Wash. Ct. App. 2013). This distinction further supports the conclusion that principles of excusable neglect under CR 60 may apply to other portions of a LUPA proceeding, but they do not apply to appeal filing deadlines because they are jurisdictional. Like the timing requirements for the filing of LUPA appeals, the timing requirements for administrative appeals of NOVs are jurisdictional and must be strictly construed. No LUPA case law has ever recognized an exception for excusable neglect or anything similar to CR 60 grounds for relief. The only potential grounds for relief from filing deadlines that’s been recognized under LUPA has been equitable tolling where untimeliness is essentially attributable to misdirection from the decision-making county or city. Nickum v. City of Bainbridge Island, 153 Wn. App. 366 (2009). Mr. Colt filed failed to file his appeal within 15 days of the NOV under appeal as required by RMC 1-10-5B1. Excusable neglect or any other grounds under CR 60 that doesn’t qualify as equitable tolling is not grounds for extending the deadline. The appeal must be dismissed as untimely. Order Mr. Colt’s appeal of the NOV for the above-captioned matter is dismissed as untimely for failing to meet the appeal deadline set by RMC 1-10-5(B)(1). ORDERED this 5th day of March 2025. City of Renton Hearing Examiner COR CODE24-000261 AR-000008 Order of Dismissal PAGE 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Appeal Right This order is a final decision and is appealable to superior court within 21 days of the issuance of this order as governed by the Washington State Land Use Petition Act, Chapter 36.70C RCW. COR CODE24-000261 AR-000009 Notice of Violation and Order to Correct Armondo Pavone Mayor Community & Economic Development Brianne Bannwarth, Interim Administrator Issued To: James Colt Mt Olivet Cemetery Co Inc Po Box 547 Renton, WA 98057 Date: 5/6/2024 Code Case No: CODE24-000261 Owner (Tax-Payer): MARVIN F POER AND COMPANY Violation Address: 300 Vuemont Pl NE Renton, WA 98056-3808 An inspection of the above premises on 05/06/2024 by a Code Compliance Inspector revealed violation(s) of the City of Renton Municipal Code and Ordinances listed below. Compliance or corrective action must be completed by 5/22/2024. The violation(s) listed below are deemed a Class 1 Civil Infraction pursuant to Chapter 7.80 RCW, and any such person shall be assessed a monetary penalty of up to two hundred fifty dollars ($250.00) per violation. Each day or portion of a day the violation(s) remain shall constitute a separate offense. If voluntary compliance is not achieved, a Criminal Citation MAY be issued [RMC1-10-3.E]. The penalty for a criminal Citation, upon a finding of guilt shall have a mandatory minimum sentence of five (5) days in jail without the option of electronic home detention, and the minimum penalty for the first violation shall be five hundred dollars ($500), the second criminal violation shall have a mandatory minimum sentence of fifteen (15) days in jail without the option of electronic home detention, and the minimum penalty for the second violation shall be six hundred twenty five dollars ($625), the third criminal violation for any individual shall have a mandatory minimum sentence of thirty (30) days in jail without the option of electronic home detention, and the minimum penalty for the third violation shall be seven hundred fifty dollars ($750) [RMC1-10-7.A.2]. Page 1 of 4 COR CODE24-000261 AR-000010 VIOLATION 1: RMC 4-4-130.D Tree Retention Latest InvestigationDateReportedDateIssuedDate 5/7/24 5/7/24 5/6/24 Total: Base violation notice $250 +$2000.00 per tree fine $48,250.00.Violation Note: Code Cited:RMC 4-4-130.D.2, Tree Removal or Vegetation Management Without the Required Permit: a. Tree removal in excess of the limits established in RMC 4-4-130.C.9, Minor Tree Removal Activities, is prohibited unless a routine vegetation management permit or land development permit has been granted. b. Routine vegetation management on an undeveloped property without a routine vegetation management permit is prohibited. c. Removal of a landmark tree, as defined in RMC 4-11-200, Definitions T, is prohibited unless a routine vegetation management permit or land development permit has been granted. Tree replacement and mitigation shall be conducted in accordance with the following requirements (RMC 4-4-130J.4): a. Tree Mitigation Fee: The Administrator may impose a mitigation fee of up to two thousand dollars ($2,000.00) per tree or per violation, plus the installation of replacement trees and/or paying a fee in lieu, pursuant to subsection c. and e. below, for the equivalent credit value of the tree(s) removed. b. Tree Violation Measurement: If a tree has been removed and only the stump remains, the size of the tree shall be determined by the diameter of the top of the stump, unless prior documented record from an ISA certified arborist was completed within one year of the date of violation. c. Tree Replacement Quantity: For each tree that was improperly cut in violation of code, replacement planting shall occur at a rate based on the credit value of the tree(s) removed pursuant to RMC 4-4-130H.1.b.v. d. Tree Replacement Standards: The Administrator shall have the authority to approve, deny, or restrict the tree species for proposed replacement trees. Replacement trees shall be planted with a minimum size of two-inch (2") caliper, or evergreen trees with a minimum size of six feet (6') tall. The City may require a bond to ensure the survival of replacement trees. e. Tree Replacement Fee in Lieu: If tree replacement is infeasible on site, payment into the City’s Urban Forestry Program fund may be approved based on the current market value of the replacement trees and the labor to install them. The City shall determine the value of replacement trees. Code Text: Page 2 of 4 COR CODE24-000261 AR-000011 Corrective Action:On Wednesday April 24th, 2024, the Inspecting Arborist received a phone call from Engineering Specialist Piero DAmore about a contractor cutting down trees in a greenbelt between Blaine Ave NE and NE 3rd St. The City of Renton Inspecting Arborist Gabriella Golzarian arrived within 10 minutes and found AJ&J Tree Service and Landscaping in the act of cutting trees down. Given the severity of the damage, that the work was done in critical areas (both steep slopes and wetlands) , a $2000 fine per tree should be levied as a starting point. Given the complication of trying to force the violator to plant trees on property which isn’t even his, the recommendation is that replanting not even be offered as an option. Total: Base violation notice $250 +$2000.00 per tree fine $48,250.00. Contact Urban Forestry's Ian Gray at 425-430-6601 for further question. Fees:AmountDescription 48,250.00CODE - First Violation - Trees Removed Violation 1 Subtotal:$48,250.00 Total Amount Due:$48,250.00 Payment of $48,250.00 must be made within fifteen (15) days of the date of this Notice of Violation. All city codes listed on this Notice of Violation must be brought into compliance within fifteen (15) days of the date of this Notice of Violation. Invoice to follow. Issued By:Eric Petzold Code Compliance Inspector 425-430-7277 epetzold@rentonwa.gov I certify under penalty of perjury under the laws of the State of Washington that I have issued this Notice of Violation on this date and at the location stated above. I certify that I believe by a preponderance of the evidence that the violator committed the above violation(s). Signed:Date: Page 3 of 4 05-07-24 COR CODE24-000261 AR-000012 NOTICE OF RENTON MUNICIPAL CODE VIOLATION The City has elected to establish a non-judicial hearing and determination system to enforce Renton Municipal Codes (RMC) civil code violations. Therefore a code violation penalty, consistent with RMC 1~3~2.P is imposed, not including any costs, fees or assessments. You may respond in the following manner: I deny creating, permitting to exist, maintaining or failing to eliminate the violation(s) and I am requesting a hearing to contest this Notice of Violation. Appeal requests must be received by the Renton City Clerk’s office within 15 days of the date of this Notice of Violation. Please send me a hearing date. I promise to appear on that date. The administrator must prove by a preponderance of the evidence that I committed the violation. I understand that under RMC 1-3-2.G that the administrator shall decide whether the opportunity to be heard will be only in writing or in person, or both. The city is not required to call witnesses to testify at the hearing. Pursuant to RMC 1-3-2.K, failure to attend the scheduled hearing makes the Notice of Violation final, and I may be subject to additional costs if I fail to withdraw or resolve my appeal prior to the hearing date. I also understand that the city has not waived any rights or remedies under the law. I admit that I have created, permitted to exist, maintained or failed to eliminate the violation(s) and do not need or want any kind of hearing. As a result, I have enclosed a check or money order (do not send cash) in the amount of $_________. I understand I am required to bring the property into compliance with City of Renton Municipal Code. I also understand that if compliance is not achieved I may be issued additional Notice of Violation with increasing penalties, and or criminally prosecuted. NSF checks will be treated as failure to respond. Complete information below: (PLEASE PRINT) Date: 5/6/2024CodeCaseNo: CODE24-000261 Violation Address: Appeals should be mailed to: City of Renton Attention: City Clerk 1055 S Grady Way Renton, WA 98057 Name: ______________________________________________________________ Street or P.O. Box: ___________________________________________________ City: ______________________________ State: __________ Zip: ____________ Telephone: Home: ____________________ Work: _________________________ Email: ______________________________________________________________ Signature of Violator: _______________________________ Date: ____________ Total Amount Due: $48,250.00 300 Vuemont Pl NE Payment should be made to:City of Renton Attention: 1st Floor Finance 1055 S Grady Way Renton, WA 98057 Page 4 of 4 COR CODE24-000261 AR-000013 Notice of Violation and Order to Correct Second Notice Armondo Pavone Mayor Community & Economic Development Gina Estep, Administrator Issued To: James Colt Mt Olivet Cemetery Co Inc Po Box 547 Renton, WA 98057 Date: 6/12/2024 Code Case No: CODE24-000261 Owner (Tax-Payer): MARVIN F POER AND COMPANY Violation Address: 300 Vuemont Pl NE Renton, WA 98056-3808 An inspection of the above premises on 05/06/2024 and 06/12/2024 by a Code Compliance Inspector revealed violation(s) of the City of Renton Municipal Code and Ordinances listed below. Compliance or corrective action must be completed by 6/27/2024. The violation(s) listed below are deemed a Class 1 Civil Infraction pursuant to Chapter 7.80 RCW, and any such person shall be assessed a monetary penalty of up to two hundred fifty dollars ($250.00) per violation. Each day or portion of a day the violation(s) remain shall constitute a separate offense. If voluntary compliance is not achieved, a Criminal Citation MAY be issued [RMC1-10-3.E]. The penalty for a criminal Citation, upon a finding of guilt shall have a mandatory minimum sentence of five (5) days in jail without the option of electronic home detention, and the minimum penalty for the first violation shall be five hundred dollars ($500), the second criminal violation shall have a mandatory minimum sentence of fifteen (15) days in jail without the option of electronic home detention, and the minimum penalty for the second violation shall be six hundred twenty five dollars ($625), the third criminal violation for any individual shall have a mandatory minimum sentence of thirty (30) days in jail without the option of electronic home detention, and the minimum penalty for the third violation shall be seven hundred fifty dollars ($750) [RMC1-10-7.A.2]. Page 1 of 4 COR CODE24-000261 AR-000014 VIOLATION 1: RMC 4-4-130.D Tree Retention Latest InvestigationDateReportedDateIssuedDate 5/7/24 5/7/24 6/12/24 Total: Base violation notice $250 +$2000.00 per tree fine $48,250.00. As of June 12th 2024 it is noted that there has been no contact and no invoice paid. Violation Note: Code Cited:RMC 4-4-130.D.2, Tree Removal or Vegetation Management Without the Required Permit: a. Tree removal in excess of the limits established in RMC 4-4-130.C.9, Minor Tree Removal Activities, is prohibited unless a routine vegetation management permit or land development permit has been granted. b. Routine vegetation management on an undeveloped property without a routine vegetation management permit is prohibited. c. Removal of a landmark tree, as defined in RMC 4-11-200, Definitions T, is prohibited unless a routine vegetation management permit or land development permit has been granted. Tree replacement and mitigation shall be conducted in accordance with the following requirements (RMC 4-4-130J.4): a. Tree Mitigation Fee: The Administrator may impose a mitigation fee of up to two thousand dollars ($2,000.00) per tree or per violation, plus the installation of replacement trees and/or paying a fee in lieu, pursuant to subsection c. and e. below, for the equivalent credit value of the tree(s) removed. b. Tree Violation Measurement: If a tree has been removed and only the stump remains, the size of the tree shall be determined by the diameter of the top of the stump, unless prior documented record from an ISA certified arborist was completed within one year of the date of violation. c. Tree Replacement Quantity: For each tree that was improperly cut in violation of code, replacement planting shall occur at a rate based on the credit value of the tree(s) removed pursuant to RMC 4-4-130H.1.b.v. d. Tree Replacement Standards: The Administrator shall have the authority to approve, deny, or restrict the tree species for proposed replacement trees. Replacement trees shall be planted with a minimum size of two-inch (2") caliper, or evergreen trees with a minimum size of six feet (6') tall. The City may require a bond to ensure the survival of replacement trees. e. Tree Replacement Fee in Lieu: If tree replacement is infeasible on site, payment into the City’s Urban Forestry Program fund may be approved based on the current market value of the replacement trees and the labor to install them. The City shall determine the value of replacement trees. Code Text: Page 2 of 4 COR CODE24-000261 AR-000015 Corrective Action:On Wednesday April 24th, 2024, the Inspecting Arborist received a phone call from Engineering Specialist Piero DAmore about a contractor cutting down trees in a greenbelt between Blaine Ave NE and NE 3rd St. The City of Renton Inspecting Arborist Gabriella Golzarian arrived within 10 minutes and found AJ&J Tree Service and Landscaping in the act of cutting trees down. Given the severity of the damage, that the work was done in critical areas (both steep slopes and wetlands) , a $2000 fine per tree should be levied as a starting point. Given the complication of trying to force the violator to plant trees on property which isn’t even his, the recommendation is that replanting not even be offered as an option. Total: Base violation notice $250 +$2000.00 per tree fine $48,250.00. Contact Urban Forestry's Ian Gray at 425-430-6601 for further question. Fees:AmountDescription 48,250.00CODE - First Violation - Trees Removed Violation 1 Subtotal:$48,250.00 Total Amount Due:$48,250.00 Payment of $48,250.00 must be made within fifteen (15) days of the date of this Notice of Violation. All city codes listed on this Notice of Violation must be brought into compliance within fifteen (15) days of the date of this Notice of Violation. Invoice to follow. Issued By:Eric Petzold Code Compliance Inspector 425-430-7277 epetzold@rentonwa.gov I certify under penalty of perjury under the laws of the State of Washington that I have issued this Notice of Violation on this date and at the location stated above. I certify that I believe by a preponderance of the evidence that the violator committed the above violation(s). Signed:Date: Page 3 of 4 06-12-24 COR CODE24-000261 AR-000016 NOTICE OF RENTON MUNICIPAL CODE VIOLATION The City has elected to establish a non-judicial hearing and determination system to enforce Renton Municipal Codes (RMC) civil code violations. Therefore a code violation penalty, consistent with RMC 1~3~2.P is imposed, not including any costs, fees or assessments. You may respond in the following manner: I deny creating, permitting to exist, maintaining or failing to eliminate the violation(s) and I am requesting a hearing to contest this Notice of Violation. Appeal requests must be received by the Renton City Clerk’s office within 15 days of the date of this Notice of Violation. Please send me a hearing date. I promise to appear on that date. The administrator must prove by a preponderance of the evidence that I committed the violation. I understand that under RMC 1-3-2.G that the administrator shall decide whether the opportunity to be heard will be only in writing or in person, or both. The city is not required to call witnesses to testify at the hearing. Pursuant to RMC 1-3-2.K, failure to attend the scheduled hearing makes the Notice of Violation final, and I may be subject to additional costs if I fail to withdraw or resolve my appeal prior to the hearing date. I also understand that the city has not waived any rights or remedies under the law. I admit that I have created, permitted to exist, maintained or failed to eliminate the violation(s) and do not need or want any kind of hearing. As a result, I have enclosed a check or money order (do not send cash) in the amount of $_________. I understand I am required to bring the property into compliance with City of Renton Municipal Code. I also understand that if compliance is not achieved I may be issued additional Notice of Violation with increasing penalties, and or criminally prosecuted. NSF checks will be treated as failure to respond. Complete information below: (PLEASE PRINT) Date: 6/12/2024CodeCaseNo: CODE24-000261 Violation Address: Appeals should be mailed to: City of Renton Attention: City Clerk 1055 S Grady Way Renton, WA 98057 Name: ______________________________________________________________ Street or P.O. Box: ___________________________________________________ City: ______________________________ State: __________ Zip: ____________ Telephone: Home: ____________________ Work: _________________________ Email: ______________________________________________________________ Signature of Violator: _______________________________ Date: ____________ Total Amount Due: $48,250.00 300 Vuemont Pl NE Payment should be made to:City of Renton Attention: 1st Floor Finance 1055 S Grady Way Renton, WA 98057 Page 4 of 4 COR CODE24-000261 AR-000017 CynthiaMoya From:Eric Petzold Sent:Tuesday, July 2, 2024 8:32 AM To:mt.olivetcemetery@comcast.net Subject:Notice of Violation 24-000261 Dear Mr. Colt Ihope this email finds you well. Iam writing to address the recent Notice of Violation issued by the City of Renton regarding the tree cutting. As acourtesy, Ikindly request that you contact me at your earliest convenience. It would be greatly appreciated if we could discuss this matter further and work together to avoid any further investigation fees that may accrue. Thank you for your attention to this important issue. I look forward to hearing from you soon. Sincerely, Eric Petzold, Code Compliance Inspector City ofRenton | CED | Building Division 1055 SGrady Way | 6th Floor | Renton, WA 98057 425-430-7277 | epetzold@rentonwa.gov Virtual Permit Center | Online Applications and Inspections 1 COR CODE24-000261 AR-000018 Notice of Violation and Order to Correct Third Notice Armondo Pavone Mayor Community & Economic Development Gina Estep, Administrator Issued To: James Colt Mt Olivet Cemetery Co Inc Po Box 547 Renton, WA 98057 Date: 8/13/2024 Code Case No: CODE24-000261 Owner (Tax-Payer): MARVIN F POER AND COMPANY Violation Address: 300 Vuemont Pl NE Renton, WA 98056-3808 An inspection of the above premises on 05/06/2024, 06/12/2024, and 08/12/2024 by a Code Compliance Inspector revealed violation(s) of the City of Renton Municipal Code and Ordinances listed below. Compliance or corrective action must be completed by 8/28/2024. The violation(s) listed below are deemed a Class 1 Civil Infraction pursuant to Chapter 7.80 RCW, and any such person shall be assessed a monetary penalty of up to two hundred fifty dollars ($250.00) per violation. Each day or portion of a day the violation(s) remain shall constitute a separate offense. If voluntary compliance is not achieved, a Criminal Citation MAY be issued [RMC1-10-3.E]. The penalty for a criminal Citation, upon a finding of guilt shall have a mandatory minimum sentence of five (5) days in jail without the option of electronic home detention, and the minimum penalty for the first violation shall be five hundred dollars ($500), the second criminal violation shall have a mandatory minimum sentence of fifteen (15) days in jail without the option of electronic home detention, and the minimum penalty for the second violation shall be six hundred twenty five dollars ($625), the third criminal violation for any individual shall have a mandatory minimum sentence of thirty (30) days in jail without the option of electronic home detention, and the minimum penalty for the third violation shall be seven hundred fifty dollars ($750) [RMC1-10-7.A.2]. Page 1 of 4 COR CODE24-000261 AR-000019 VIOLATION 1: RMC 4-4-130.D Tree Retention Latest InvestigationDateReportedDateIssuedDate 5/7/24 5/7/24 8/12/24 A check of records on August 12th 2024 noted that there has been no contact of payment for fines. Violation Note: Code Cited:RMC 4-4-130.D.2, Tree Removal or Vegetation Management Without the Required Permit: a. Tree removal in excess of the limits established in RMC 4-4-130.C.9, Minor Tree Removal Activities, is prohibited unless a routine vegetation management permit or land development permit has been granted. b. Routine vegetation management on an undeveloped property without a routine vegetation management permit is prohibited. c. Removal of a landmark tree, as defined in RMC 4-11-200, Definitions T, is prohibited unless a routine vegetation management permit or land development permit has been granted. Tree replacement and mitigation shall be conducted in accordance with the following requirements (RMC 4-4-130J.4): a. Tree Mitigation Fee: The Administrator may impose a mitigation fee of up to two thousand dollars ($2,000.00) per tree or per violation, plus the installation of replacement trees and/or paying a fee in lieu, pursuant to subsection c. and e. below, for the equivalent credit value of the tree(s) removed. b. Tree Violation Measurement: If a tree has been removed and only the stump remains, the size of the tree shall be determined by the diameter of the top of the stump, unless prior documented record from an ISA certified arborist was completed within one year of the date of violation. c. Tree Replacement Quantity: For each tree that was improperly cut in violation of code, replacement planting shall occur at a rate based on the credit value of the tree(s) removed pursuant to RMC 4-4-130H.1.b.v. d. Tree Replacement Standards: The Administrator shall have the authority to approve, deny, or restrict the tree species for proposed replacement trees. Replacement trees shall be planted with a minimum size of two-inch (2") caliper, or evergreen trees with a minimum size of six feet (6') tall. The City may require a bond to ensure the survival of replacement trees. e. Tree Replacement Fee in Lieu: If tree replacement is infeasible on site, payment into the City’s Urban Forestry Program fund may be approved based on the current market value of the replacement trees and the labor to install them. The City shall determine the value of replacement trees. Code Text: Page 2 of 4 COR CODE24-000261 AR-000020 Corrective Action:On Wednesday April 24th, 2024, the Inspecting Arborist received a phone call from Engineering Specialist Piero DAmore about a contractor cutting down trees in a greenbelt between Blaine Ave NE and NE 3rd St. The City of Renton Inspecting Arborist Gabriella Golzarian arrived within 10 minutes and found AJ&J Tree Service and Landscaping in the act of cutting trees down. Given the severity of the damage, that the work was done in critical areas (both steep slopes and wetlands) , a $2000 fine per tree should be levied as a starting point. Given the complication of trying to force the violator to plant trees on property which isn’t even his, the recommendation is that replanting not even be offered as an option. Total: Base violation notice $250 +$2000.00 per tree fine $48,250.00. Contact Urban Forestry's Ian Gray at 425-430-6601 for further question. Fees:AmountDescription 250.00CODE - Violation Fine Violation 1 Subtotal:$250.00 Total Amount Due:$250.00 Payment of $250.00 must be made within fifteen (15) days of the date of this Notice of Violation. All city codes listed on this Notice of Violation must be brought into compliance within fifteen (15) days of the date of this Notice of Violation. Invoice to follow. Issued By:Eric Petzold Code Compliance Inspector 425-430-7277 epetzold@rentonwa.gov I certify under penalty of perjury under the laws of the State of Washington that I have issued this Notice of Violation on this date and at the location stated above. I certify that I believe by a preponderance of the evidence that the violator committed the above violation(s). Signed:Date: Page 3 of 4 08-13-24 COR CODE24-000261 AR-000021 NOTICE OF RENTON MUNICIPAL CODE VIOLATION The City has elected to establish a non-judicial hearing and determination system to enforce Renton Municipal Codes (RMC) civil code violations. Therefore a code violation penalty, consistent with RMC 1~3~2.P is imposed, not including any costs, fees or assessments. You may respond in the following manner: I deny creating, permitting to exist, maintaining or failing to eliminate the violation(s) and I am requesting a hearing to contest this Notice of Violation. Appeal requests must be received by the Renton City Clerk’s office within 15 days of the date of this Notice of Violation. Please send me a hearing date. I promise to appear on that date. The administrator must prove by a preponderance of the evidence that I committed the violation. I understand that under RMC 1-3-2.G that the administrator shall decide whether the opportunity to be heard will be only in writing or in person, or both. The city is not required to call witnesses to testify at the hearing. Pursuant to RMC 1-3-2.K, failure to attend the scheduled hearing makes the Notice of Violation final, and I may be subject to additional costs if I fail to withdraw or resolve my appeal prior to the hearing date. I also understand that the city has not waived any rights or remedies under the law. I admit that I have created, permitted to exist, maintained or failed to eliminate the violation(s) and do not need or want any kind of hearing. As a result, I have enclosed a check or money order (do not send cash) in the amount of $_________. I understand I am required to bring the property into compliance with City of Renton Municipal Code. I also understand that if compliance is not achieved I may be issued additional Notice of Violation with increasing penalties, and or criminally prosecuted. NSF checks will be treated as failure to respond. Complete information below: (PLEASE PRINT) Date: 8/13/2024CodeCaseNo: CODE24-000261 Violation Address: Appeals should be mailed to: City of Renton Attention: City Clerk 1055 S Grady Way Renton, WA 98057 Name: ______________________________________________________________ Street or P.O. Box: ___________________________________________________ City: ______________________________ State: __________ Zip: ____________ Telephone: Home: ____________________ Work: _________________________ Email: ______________________________________________________________ Signature of Violator: _______________________________ Date: ____________ Total Amount Due: $250.00 300 Vuemont Pl NE Payment should be made to:City of Renton Attention: 1st Floor Finance 1055 S Grady Way Renton, WA 98057 Page 4 of 4 COR CODE24-000261 AR-000022 Notice of Violation and Order to Correct Fourth Notice Armondo Pavone Mayor Community & Economic Development Gina Estep, Administrator Issued To: James Colt Mt Olivet Cemetery Co Inc Po Box 547 Renton, WA 98057 Date: 9/4/2024 Code Case No: CODE24-000261 Owner (Tax-Payer): MARVIN F POER AND COMPANY Violation Address: 300 Vuemont Pl NE Renton, WA 98056-3808 An inspection of the above premises on 05/06/2024, 06/12/2024, 08/12/2024, and 09/04/2024 by a Code Compliance Inspector revealed violation(s) of the City of Renton Municipal Code and Ordinances listed below. Compliance or corrective action must be completed by 9/19/2024. The violation(s) listed below are deemed a Class 1 Civil Infraction pursuant to Chapter 7.80 RCW, and any such person shall be assessed a monetary penalty of up to two hundred fifty dollars ($250.00) per violation. Each day or portion of a day the violation(s) remain shall constitute a separate offense. If voluntary compliance is not achieved, a Criminal Citation MAY be issued [RMC1-10-3.E]. The penalty for a criminal Citation, upon a finding of guilt shall have a mandatory minimum sentence of five (5) days in jail without the option of electronic home detention, and the minimum penalty for the first violation shall be five hundred dollars ($500), the second criminal violation shall have a mandatory minimum sentence of fifteen (15) days in jail without the option of electronic home detention, and the minimum penalty for the second violation shall be six hundred twenty five dollars ($625), the third criminal violation for any individual shall have a mandatory minimum sentence of thirty (30) days in jail without the option of electronic home detention, and the minimum penalty for the third violation shall be seven hundred fifty dollars ($750) [RMC1-10-7.A.2]. Page 1 of 4 COR CODE24-000261 AR-000023 VIOLATION 1: RMC 4-4-130.D Tree Retention Latest InvestigationDateReportedDateIssuedDate 5/7/24 5/7/24 9/4/24 A check records on September 4, 2024 noted that the fine has not been paid. The next notice will start daily fines. Violation Note: Code Cited:RMC 4-4-130.D.2, Tree Removal or Vegetation Management Without the Required Permit: a. Tree removal in excess of the limits established in RMC 4-4-130.C.9, Minor Tree Removal Activities, is prohibited unless a routine vegetation management permit or land development permit has been granted. b. Routine vegetation management on an undeveloped property without a routine vegetation management permit is prohibited. c. Removal of a landmark tree, as defined in RMC 4-11-200, Definitions T, is prohibited unless a routine vegetation management permit or land development permit has been granted. Tree replacement and mitigation shall be conducted in accordance with the following requirements (RMC 4-4-130J.4): a. Tree Mitigation Fee: The Administrator may impose a mitigation fee of up to two thousand dollars ($2,000.00) per tree or per violation, plus the installation of replacement trees and/or paying a fee in lieu, pursuant to subsection c. and e. below, for the equivalent credit value of the tree(s) removed. b. Tree Violation Measurement: If a tree has been removed and only the stump remains, the size of the tree shall be determined by the diameter of the top of the stump, unless prior documented record from an ISA certified arborist was completed within one year of the date of violation. c. Tree Replacement Quantity: For each tree that was improperly cut in violation of code, replacement planting shall occur at a rate based on the credit value of the tree(s) removed pursuant to RMC 4-4-130H.1.b.v. d. Tree Replacement Standards: The Administrator shall have the authority to approve, deny, or restrict the tree species for proposed replacement trees. Replacement trees shall be planted with a minimum size of two-inch (2") caliper, or evergreen trees with a minimum size of six feet (6') tall. The City may require a bond to ensure the survival of replacement trees. e. Tree Replacement Fee in Lieu: If tree replacement is infeasible on site, payment into the City’s Urban Forestry Program fund may be approved based on the current market value of the replacement trees and the labor to install them. The City shall determine the value of replacement trees. Code Text: Page 2 of 4 COR CODE24-000261 AR-000024 Corrective Action:On Wednesday April 24th, 2024, the Inspecting Arborist received a phone call from Engineering Specialist Piero DAmore about a contractor cutting down trees in a greenbelt between Blaine Ave NE and NE 3rd St. The City of Renton Inspecting Arborist Gabriella Golzarian arrived within 10 minutes and found AJ&J Tree Service and Landscaping in the act of cutting trees down. Given the severity of the damage, that the work was done in critical areas (both steep slopes and wetlands) , a $2000 fine per tree should be levied as a starting point. Given the complication of trying to force the violator to plant trees on property which isn’t even his, the recommendation is that replanting not even be offered as an option. Total: Base violation notice $250 +$2000.00 per tree fine $48,250.00. Contact Urban Forestry's Ian Gray at 425-430-6601 for further question. Fees:AmountDescription 100.00CODE - First Violation Fee Violation 1 Subtotal:$100.00 Total Amount Due:$100.00 Payment of $100.00 must be made within fifteen (15) days of the date of this Notice of Violation. All city codes listed on this Notice of Violation must be brought into compliance within fifteen (15) days of the date of this Notice of Violation. Invoice to follow. Issued By:Eric Petzold Code Compliance Inspector 425-430-7277 epetzold@rentonwa.gov I certify under penalty of perjury under the laws of the State of Washington that I have issued this Notice of Violation on this date and at the location stated above. I certify that I believe by a preponderance of the evidence that the violator committed the above violation(s). Signed:Date: Page 3 of 4 09-04-24 COR CODE24-000261 AR-000025 NOTICE OF RENTON MUNICIPAL CODE VIOLATION The City has elected to establish a non-judicial hearing and determination system to enforce Renton Municipal Codes (RMC) civil code violations. Therefore a code violation penalty, consistent with RMC 1~3~2.P is imposed, not including any costs, fees or assessments. You may respond in the following manner: I deny creating, permitting to exist, maintaining or failing to eliminate the violation(s) and I am requesting a hearing to contest this Notice of Violation. Appeal requests must be received by the Renton City Clerk’s office within 15 days of the date of this Notice of Violation. Please send me a hearing date. I promise to appear on that date. The administrator must prove by a preponderance of the evidence that I committed the violation. I understand that under RMC 1-3-2.G that the administrator shall decide whether the opportunity to be heard will be only in writing or in person, or both. The city is not required to call witnesses to testify at the hearing. Pursuant to RMC 1-3-2.K, failure to attend the scheduled hearing makes the Notice of Violation final, and I may be subject to additional costs if I fail to withdraw or resolve my appeal prior to the hearing date. I also understand that the city has not waived any rights or remedies under the law. I admit that I have created, permitted to exist, maintained or failed to eliminate the violation(s) and do not need or want any kind of hearing. As a result, I have enclosed a check or money order (do not send cash) in the amount of $_________. I understand I am required to bring the property into compliance with City of Renton Municipal Code. I also understand that if compliance is not achieved I may be issued additional Notice of Violation with increasing penalties, and or criminally prosecuted. NSF checks will be treated as failure to respond. Complete information below: (PLEASE PRINT) Date: 9/4/2024CodeCaseNo: CODE24-000261 Violation Address: Appeals should be mailed to: City of Renton Attention: City Clerk 1055 S Grady Way Renton, WA 98057 Name: ______________________________________________________________ Street or P.O. Box: ___________________________________________________ City: ______________________________ State: __________ Zip: ____________ Telephone: Home: ____________________ Work: _________________________ Email: ______________________________________________________________ Signature of Violator: _______________________________ Date: ____________ Total Amount Due: $100.00 300 Vuemont Pl NE Payment should be made to:City of Renton Attention: 1st Floor Finance 1055 S Grady Way Renton, WA 98057 Page 4 of 4 COR CODE24-000261 AR-000026 CITY OF RENTON OCT 2 9 2024 Notice of Violation RECEIVED CITY CLERK and Order to Correct Armondo Pavone Mayor 11111 Community& Economic Development Brianne Bannwarth, Interim Administrator Issued To:Date: 5/6/2024 Code Case No: CODE24-000261 James Colt Owner(Tax-Payer): MARVIN F POER AND Mt Olivet Cemetery Co Inc COMPANY Po Box 547 Violation Address: Renton, WA 98057 300 Vuemont PI NE Renton,WA 98056-3808 An inspection of the above premises on 05/06/2024 by a Code Compliance Inspector revealed violation(s) of the City of Renton Municipal Code and Ordinances listed below. Compliance or corrective action must be completed by 5/22/2024. The violation(s) listed below are deemed a Class 1 Civil Infraction pursuant to Chapter 7.80 RCW, and any such person shall be assessed a monetary penalty of up to two hundred fifty dollars ($250.00) per violation. Each day or portion of a day the violation(s) remain shall constitute a separate offense. If voluntary compliance is not achieved, a Criminal Citation MAY be issued [RMC1-10-3.E].The penalty for a criminal Citation, upon a finding of guilt shall have a mandatory minimum sentence of five(5) days in jail without the option of electronic home detention, and the minimum penalty for the first violation shall be five hundred dollars($500),the second criminal violation shall have a mandatory minimum sentence of fifteen (15) days in jail without the option of electronic home detention, and the minimum penalty for the second violation shall be six hundred twenty five dollars ($625), the third criminal violation for any individual shall have a mandatory minimum sentence of thirty(30)days in jail without the option of electronic home detention, and the minimum penalty for the third violation shall be seven hundred fifty dollars ($750) [RMC1-10-7.A2]. Page 1 of 4 1 COR CODE24-000261 AR-000027 VIOLATION 1: RMC 4-4-130.D Tree Retention Reported Date Issued Date Latest Investigat on Date 5/7/24 5/7/24 5/6/24 Violation Note: Total: Base violation notice$250+$2000.00 per tree fine$48,250.00. Code Cited: RMC 4-4-130.D.2, Tree Removal or Vegetation Management Without the Required Permit: a.Tree removal in excess of the limits established in RMC 4-4-130.C.9, Minor Tree Removal Activities, is prohibited unless a routine vegetation management permit or land development permit has been granted. b. Routine vegetation management on an undeveloped property without a routine vegetation management permit is prohibited. c. Removal of a landmark tree, as defined in RMC 4-11-200, Definitions T, is prohibited unless routine vegetation management permit or land development permit has been granted. Code Text: Tree replacement and mitigation shall be conducted in accordance with the following requirements (RMC 4-4-130J.4): a.Tree Mitigation Fee: The Administrator may impose a mitigation fee of up to two thousand dollars ($2,000.00)per tree or per violation, plus the installation of replacement trees and/or paying a fee in lieu, pursuant to subsection c. and e. below, for the equivalent credit value of the tree(s) removed. b.Tree Violation Measurement: If a tree has been removed and only the stump remains,the size of the tree shall be determined by the diameter of the top of the stump, unless prior documented record from an ISA certified arborist was completed within one year of the date of violation. c. Tree Replacement Quantity: For each tree that was improperly cut in violation of code, replacement planting shall occur at a rate based on the credit value of the tree(s) removed pursuant to RMC 4-4-130H.1.b.v. d. Tree Replacement Standards:The Administrator shall have the authority to approve, deny, or restrict the tree species for proposed replacement trees. Replacement trees shall be planted with a minimum size of two-inch (2")caliper, or evergreen trees with a minimum size of six feet(6')tall. The City may require a bond to ensure the survival of replacement trees. e.Tree Replacement Fee in Lieu: If tree replacement is infeasible on site, payment into the City's Urban Forestry Program fund may be approved based on the current market value of the replacement trees and the labor to install them.The City shall determine the value of replacement trees, Page 2 of 4 COR CODE24-000261 AR-000028 Corrective Action: On Wednesday April 24th, 2024, the Inspecting Arborist received a phone call fromEngineeringSpecialistPieroDAmoreaboutacontractorcuttingdowntreesinagreenbeltbetweenBlaineAveNEandNE3rdSt.The City of Renton Inspecting Arborist GabriellaGolzarianarrivedwithin10minutesandfoundAJ&J Tree Service and Landscaping in the act of cutting trees down. Given the severity of the damage,that the work was done in critical areas (both steep slopes and wetlands) , a$2000 fine per tree should be levied as a starting point. Given the complication of trying to force the violator to plant trees on property which isn't even his, the recommendation is that replanting not even be offered as an option. Total: Base violation notice $250 +$2000.00 per tree fine$48,250.00. Contact Urban Forestry's Ian Gray at 425-430-6601 for further question. Fees: Description Amount CODE-First Violation-Trees Removed 48,250.00 Violation 1 Subtotal: $48,250.00 Total Amount Due: $48,250.00 Payment of$48,250.00 must be made within fifteen (15) days of the date of this Notice of Violation.All city codeslistedonthisNoticeofViolationmustbebroughtintocompliancewithinfifteen (15) days of the date of this Notice of Violation. Invoice to follow. I certify under penalty of perjury under the laws of the State of Washington that I have issued this Notice of Violation I on this date and at the location stated above. I certify that I believe by a preponderance of the evidence that the violator committed the above violation(s). P¢Signed:ye" Date: 05- 07-24 Issued By:Eric Petzold Code Compliance Inspector 425- 430-7277 epetzold @ re ntonwa.gov Page 3 of 4 COR CODE24-000261 AR-000029 Code Case No: CODE24-000261 Date: 5/ 6/2024 Violation Address: Total Amount Due:$48,250.00 300 Vuemont PI NE NOTICE OF RENTON MUNICIPAL CODE VIOLATION The City has elected to establish a non-judicial hearing and determination system to enforce Renton Municipal Codes(RMC) civil code violations. Therefore a code violation penalty, consistent with RMC 1-3'- 2.P is imposed, not Including any costs, fees or assessments. You may respond in the following manner: deny creating, permitting to exist,maintaining or failing to eliminate the violation(s)and I am requesting a hearing to contest this Notice of Violation.Appeal requests must be received by the Renton City Clerk's office within 15 days of the date of this Notice of Violation. Please send me a hearing date. I promise to appear on that date.The administrator must prove by a preponderance of the evidence that I committed the violation. I understand that under RMC 1-3-2.G that the administrator shall decide whether the opportunity to be heard will be only in writing or in person, or both.The city is not required to call witnesses to testify at the hearing. Pursuant to RMC 1-3-2.K, failure to attend the scheduled hearing makes the Notice of Violation final,and I may be subject to additional costs if I fail to withdraw or resolve my appeal prior to the hearing date. I also understand that the city has not waived any rights or remedies under the law. Appeals should be mailed to: City of Renton Attention:City Clerk 1055 S Grady Way Renton,WA 98057 ID I admit that I have created,permitted to exist,maintained or failed to eliminate the violation(s)and do riot need or want any kind of hearing. As a result, I have enclosed a check or money order(do not send cash)in the amount of$ I understand I am required to bring the property into compliance with City of Renton Municipal Code. I also understand that if compliance is not achieved I may be issued additional Notice of Violation with increasing penalties,and or criminally prosecuted.NSF checks will be treated as failure to respond. Payment should be made to: City of Renton Attention:1st Floor Finance 1066 S Grady Way Renton,WA 98057 Complete information below: (PLEASE PRINT; Name: Street or P.O.Box: City: State: Zip: Telephone: Home: Work: 1\ Email: d\I),— Signature of Violator: Date: Page 4 of 4 COR CODE24-000261 AR-000030 Iv 1pr Nir rir f ' ' , 1 FIRST-CLtR, 'tt it FIRST-CLASS MAIL 16 r.r ,._1•-ii{P IMI S r i}001 .77 u r 25/2 f:, r+- 1, tit, 10/043M31024 ZI235321P 98101 0P Ssb, F I RST C LASS MAlI o§,1 LASHER illi HOLZAPEEL S P E R R Y & PLLC SS EBBERSON 6) V ATTORNEYS AT LAW 601 UNION STREET, SUITE 2600 SEATTLE WA 98 1 01-400 0 tPe CtT`( C FtENTON OCT 29 2024Ct0-c KesnA-Orl RECEIVEDCITYCLERKSOFFICEP.v*cen :\()c) - (-\\) C ss4.AS S (ad q sd J FAQ IIIIII!I,!iI!,Iliill,I!I!I. lithili!llitiluiliililslitl A^ 7 zSa/ r c) d\° • 14d/ J d' zSd/ y 1 S6 y COR CODE24-000261 AR-000031 ST G\ i9ST G` V-• i9ST • i9ST CO 9S, F I RST C LASS MAI L Y 9S, a` y n< 9s 1Ivv'J SSV10 ISEI J S Y scy Scs, Adlik All&L COR CODE24-000261 AR-000032 CynthiaMoya From:Eric Petzold Sent:Thursday, November 7, 2024 12:20 PM To:Cynthia Moya Subject:Appeal for Code Case 24-000261 Attachments:05-07-24_24-261_Letter_NOV1.pdf; 06-12-24_24-261_Letter_NOV2.pdf; 08-13-24_ 24-261_Letter_NOV3.pdf; 09-04-24_24-261_Letter_NOV4.pdf CODE 24-000261 (Mt. Olivet Cemetery – James Colt) Notice ofAppeal dated October 29, 2024 Iwrite in response to the referenced Notice ofAppeal. The Cityrequests the Hearing Examiner deny theappeal, as Mr. Colt has missed the appeal deadline by (at least) more than one full month. RMC 1-10-5governs hearing procedures for Code Enforcement actions. RMC 1-10-5.A.3notes that the Civil Enforcement Action isafinal determination “unless aViolator timely requests ahearing under the process described inthis chapter.” (emphasis added). Under the hearing requirements, Mr. Colt was required torequest ahearing “within fifteen (15) days of the issuance ofthe Notice ofViolation and/or Order to Correct. Any request for ahearing that isnot timely filed with the City inaccordance with this section shall bedenied.” (RMC 1-10-5.B.1, emphasis added) The Renton Municipal Code requires that failure totimely appeal results inthe determination that the Violation isdeemed final (RMC 1-10-5.A.3and RMC 1-10-5.B.5) Ihave attached all Notices of Violation and Orders to Correct related to cutting trees without apermit onprivate property sent toMr. Colt. You will note that notices were issued on May 7, 2024, June 12, 2024, August 13, 2024, and finally onSeptember 4, 2024. Mr. Colt’sappeal ofthe May 7, 2024 Notice was stamped “Received” by the City on October 29, 2024. Even calculating from the final date ofissuance, an appeal would have been due on September 19, 2024. Based on the record, itisthe City’sopinion that the appeal should bedenied. IfMr. Colt’sappeal isdeemed timely, the City notes for the record that healso did not provide notice regarding who should be contacted forresponse and soIwill presume that Mr. Colt isthe proper contact for any follow up despite the fact that the envelope containing the appeal has alaw firm’sletterhead. ERIC PETZOLD, Code Compliance Inspector Cityof Renton // Development Services Virtual Permit Center // Online Applications and Inspections o?ice425-430-7277 NOTICE OF PUBLIC DISCLOSURE: This message complies with Washington State’sPublic Records Act – RCW 42.56 1 COR CODE24-000261 AR-000033 IRArmondoPavone Mayor l City Clerk Jason A.Seth, MMC November 13, 2024 James Colt Mt. Olivet Cemetery Co, Inc. P.O. Box 547 Renton, WA 98057 Re: Code Compliance Appeal Code Case No: CODE-24-000261 Dear Mr. Colt: We are in receipt of your Code Compliance Appeal dated 10-29-2024 and we have attached the City's Response along with the Hearing Examiner's email to you. 1) 11-12-2024 - Hearing Examiner's Email to Mr. Colt (Deadline of November 26, 2024 by 5pm); 2) 11-07-2024— City's Response to Mr. Colt's Appeal; and 3) 10-29-2024— Mr. Colt's Code Violation Appeal. As explained by the Hearing Examiner, if you would like to respond to the City's request, feel free to either email Ms. Moya at the City of Renton cmoya(&rentonwa.gov) and Phil Olbrechts, the Hearing Examiner Olbrechtslaw(agmail.com) or by Mail at: City of Renton, Attention City Clerk, 1055 South Grady Way, Suite 728, Renton, WA 98057. If I can provide further information, please feel free to contact me. Sincerely, 4111thi?Cri----NAC COl --* Jason A. Seth City Clerk Enclosures cc: Hearing Examiner Robert Shuey, Development Services Director Eric Petzold, Code Compliance Inspector Donna Locher, Lead Code Compliance Inspector 1055 South Grady Way, Renton,WA 98057 • 425-430-6510 • Fax 425-430-6516 • COR CODE24-000261 AR-000034 Hearing Examiner's Email to Mr. Colt 11-12-2024 COR CODE24-000261 AR-000035 Cynthia Moya From: Phil Olbrechts <olbrechtslaw@gmail.com> Sent: Tuesday, November 12, 2024 10:01 PM To: Cynthia Moya Cc: Jason Seth Subject: Re: Code Compliance Appeal -James Colt - Mt. Olivet Cemetery Co. CAUTION: This email originated from outside the City of Renton. Do not click links, reply or open attachments unless you know the content is safe. Hello Ms. Moya, Please mail this email exchange along with the attachments to Mr. Colt. I don't know what's going on with the formatting and am hoping it will look normal on your end. If not, let me know. tMr. Colt, I serve as the City of Renton Hearing Examiner. Per the attachments to the email exchange below, the City of Renton is requesting dismissal of your appeal because it was filed past the appeal deadline. If you would like to respond to the City's request, please do so by sending an email to Ms. Moya at CMoya@rentonwa.gov. Instead of an email you can also provide Ms. Moya with a written response. The email or written response must be received by Ms. Moya by 5 pm, November 26, 2024. If you wish to submit a written response, Ms. Moya's mailing address is Cynthia Moya, City Clerk Specialist,7th Floor, 1055 South Grady Way, Renton, WA 98057. At this point it is not the time to argue the merits of your appeal. The only issue under consideration is whether your appeal should be dismissed because it wasn't filed on time. If you submit a response to the City's request the City will be given an opportunity to reply. The deadline for the City reply is 5 pm December 5, 2024. If you have any questions please don't hesitate to email me at olbrechtslaw@gmail.com or to call Ms. Moya at the Renton City Clerk's Office. On Thu, Nov 7, 2024 at 1:46 PM Cynthia Moya <CMoya@rentonwa.gov>wrote: Phil, I received this appeal(document named: 10-29-2024—James Colt—Mt Olivet Cemetery Co Appeal.pdf) on October 29, 2024. I sent it to our department to get the full file prior to me setting the hearing and this is the email response with attachments they just sent back(document named: Appeal for Code Case 24-000261) Please let me know how to proceed. i COR CODE24-000261 AR-000036 Thank you, CINDY MOYA I CITY CLERK SPECIALIST City of Renton// City Clerk's Office cmoyarentonwa.gov Office (425) 430- 6513 Work Schedule: Tues, Wed &Thurs: City Hall Mon & Friday:Work from Home 2 COR CODE24-000261 AR-000037 City's Response to Mr. Colts Appeal 11-07-2024 COR CODE24-000261 AR-000038 Cynthia Moya From: Eric Petzold Sent: Thursday, November 7, 2024 12:20 PM To: Cynthia Moya Subject: Appeal for Code Case 24-000261 Attachments: 05-07- 24_24-261_Letter_NOV1.pdf; 06-12-24_24-261_Letter_NOV2.pdf; 08-13-24_ 24-261_Letter_NOV3.pdf; 09- 04- 24_ 24-261_Letter_NOV4.pdf CODE 24-000261 (Mt. Olivet Cemetery—James Colt) Notice of Appeal dated October 29, 2024 I write in response to the referenced Notice of Appeal. The City requests the Hearing Examiner deny the appeal, as Mr. Colt has missed the appeal deadline by (at least) more than one full month. RMC 1-10-5 governs hearing procedures for Code Enforcement actions. RMC 1-10-5.A.3 notes that the Civil Enforcement Action is a final determination "unless a Violator timely requests a hearing under the process described in this chapter." (emphasis added). Under the hearing requirements, Mr. Colt was required to request a hearing "within fifteen (15) days of the issuance of the Notice of Violation and/or Order to Correct. Any request for a hearing that is not timely filed with the City in accordance with this section shall be denied." (RMC 1-10-5.B.1, emphasis added)The Renton Municipal Code requires that failure to timely appeal results in the determination that the Violation is deemed final (RMC 1-10-5.A.3 and RMC 1-10-5.B.5) I have attached all Notices of Violation and Orders to Correct related to cutting trees without a permit on private property sent to Mr. Colt. You will note that notices were issued on May 7, 2024,June 12, 2024, August 13, 2024, and finally on September 4, 2024. Mr. Colt's appeal of the May 7, 2024 Notice was stamped "Received" by the City on October 29, 2024. Even calculating from the final date of issuance, an appeal would have been due on September 19, 2024. Based on the record, it is the City's opinion that the appeal should be denied. If Mr. Colt's appeal is deemed timely, the City notes for the record that he also did not provide notice regarding who should be contacted for response and so I will presume that Mr. Colt is the proper contact for any follow up despite the fact that the envelope containing the appeal has a law firm's letterhead. ERIC PETZOLD,Code Compliance Inspector City of Renton//Development Services Virtual Permit Center//Online Applications and Inspections office 425- 430-7277 NOTICE OF PUBLIC DISCLOSURE: This message complies with Washington State's Public Records Act-RCW 42.56 1 COR CODE24-000261 AR-000039 Notice of Violation G,l Y QA\ and Order to Correct Armondo Pavone Mayor Q` c N T. o Community& Economic Development Brianne Bannwarth, Interim Administrator Issued To: Date: 5/6/2024 Code Case No: CODE24-000261 James Colt Owner(Tax-Payer): MARVIN F POER AND Mt Olivet Cemetery Co Inc COMPANY Po Box 547 Violation Address: Renton, WA 98057 300 Vuemont PI NE Renton, WA 98056-3808 An inspection of the above premises on 05/ 06/2024 by a Code Compliance Inspector revealed violation(s) of the City of Renton Municipal Code and Ordinances listed below. Compliance or corrective action must be completed by 5/22/2024. The violation(s) listed below are deemed a Class 1 Civil Infraction pursuant to Chapter 7.80 RCW, and any such person shall be assessed a monetary penalty of up to two hundred fifty dollars ($250.00) per violation. Each day or portion of a day the violation(s) remain shall constitute a separate offense. If voluntary compliance is not achieved, a Criminal Citation MAY be issued [RMC1-10-3.E]. The penalty for a criminal Citation, upon a finding of guilt shall have a mandatory minimum sentence of five (5) days in jail without the option of electronic home detention, and the minimum penalty for the first violation shall be five hundred dollars ($500), the second criminal violation shall have a mandatory minimum sentence of fifteen (15) days in jail without the option of electronic home detention, and the minimum penalty for the second violation shall be six hundred twenty five dollars ($625), the third criminal violation for any individual shall have a mandatory minimum sentence of thirty (30) days in jail without the option of electronic home detention, and the minimum penalty for the third violation shall be seven hundred fifty dollars ($750) [RMC1-10-7.A.2]. Page 1 of 4 COR CODE24-000261 AR-000040 CynthiaMoya From:Julie M. Pendleton <pendleton@lasher.com> Sent:Tuesday, November 26, 2024 8:51 AM To:Cynthia Moya Cc:Jason Seth; Phil Olbrechts; Eric Petzold; Sheila Madsen; Donna Locher Subject:RE: FW: Code Case No. CODE-24-000261 CAUTION: This email originated from outside the City ofRenton. Donot click links, reply or open attachments unless you know thecontent issafe. Hi Ms. Moya, would you please send me the attachments. I am in the process of getting my NOA prepared and on file. Happy Thanksgiving. Julie. Julie M. Pendleton Principal 601 Union Street, Suite 2600 Seattle, WA 98101 direct: +1 206-654-2410 email: pendleton@lasher.com Click here to view my bio From: Cynthia Moya <CMoya@Rentonwa.gov> Sent: Tuesday, November 26, 2024 8:41 AM To: Julie M. Pendleton <pendleton@lasher.com> Cc: Jason Seth <JSeth@Rentonwa.gov>; Phil Olbrechts <olbrechtslaw@gmail.com>; Eric Petzold EPetzold@Rentonwa.gov>; Sheila Madsen <SMadsen@Rentonwa.gov>; Donna Locher <DLocher@Rentonwa.gov> Subject: RE: FW: Code Case No. CODE-24-000261 EXTERNAL\] Ms. Pendleton, Thank you for your email. Do you happen tohave aNotice ofAppearance for your client? Idonot see one inthe le. Also, doyou need me toemail you theletter with attachments thatwere sent toMr. Colt? Thank you, CINDY MOYA | CITY CLERK SPECIALIST City ofRenton / / City Clerk’sO?ice cmoya@rentonwa.gov O?ice (425) 430-6513 Work Schedule: Tues, Wed & Thurs: City Hall Mon & Friday: Work from Home From: Phil Olbrechts <olbrechtslaw@gmail.com> Sent: Tuesday, November 26, 2024 7:59 AM 1 COR CODE24-000261 AR-000041 To: Julie M. Pendleton <pendleton@lasher.com> Cc: Cynthia Moya <CMoya@Rentonwa.gov>; Donna Locher <DLocher@Rentonwa.gov>; Sheila Madsen SMadsen@Rentonwa.gov> Subject: Re: FW: Code Case No. CODE-24-000261 CAUTION: This email originated from outside the City ofRenton. Donot click links, reply or open attachments unless you know thecontent issafe. Continuance to 12/3granted with a12/6reply deadline from the City. OnTue, Nov26, 2024at6:14AM Julie M. Pendleton <pendleton@lasher.com> wrote: Good morning – resending to the correct email address for Ms. Moya. Julie. Julie M. Pendleton Principal 601 Union Street, Suite 2600 Seattle, WA 98101 direct: +1206-654-2410 email: pendleton@lasher.com Click here to view mybio From: Julie M. Pendleton Sent: Monday, November 25, 2024 9:01 PM To: cmoya@renton.com Cc: olbrechtslaw@gmail.com Subject: Code Case No. CODE-24-000261 Good evening, This office represents Mr. Colt in the above described matter. My client just recently forwarded me a notice transmitted on November 13, 2024 requesting a response as to the timeliness of his appeal of theCode Violation at issue that appears to be due tomorrow at 5 pm. rdIamwritingtorequestabriefcontinuance (until December 3) to submit the response on Mr. Colt’sbehalf. I just received acopy of this correspondence and am not available due to a number of preexisting deadlines as well as the impending holiday. Please let me know ifthe City of Renton will grant the requested continuance. Thank you, Julie 2 COR CODE24-000261 AR-000042 Julie M. Pendleton Principal 601 Union Street, Suite 2600 Seattle, WA 98101 direct: +1206-654-2410 email: pendleton@lasher.com Click here to view mybio CONFIDENTIALITY NOTICE: Thisemail andanyattachments may contain confidential orattorney-client protected information that may not be further distributed byany means without permission of the sender. Ifyouarenottheintended recipient, you are hereby notified that youare notpermitted to readitscontent andthat any disclosure, copying, printing, distribution oruse ofany ofthe information isprohibited. If you have received thisemail in error, please immediately notify thesender byreturn e-mailand delete the message andits attachments without savingin any manner. Signature for Julie M. Pendleton 3 COR CODE24-000261 AR-000043 VIOLATION 1: RMC 4-4-130.D Tree Retention Reported Date Issued Date Latest Investigation Date 5/ 7/24 5/7/24 5/6/24 Violation Note: Total: Base violation notice $250 +$2000.00 per tree fine $48,250.00. Code Cited: RMC 4-4-130.D.2, Tree Removal or Vegetation Management Without the Required Permit: a. Tree removal in excess of the limits established in RMC 4-4-130.C.9, Minor Tree Removal Activities, is prohibited unless a routine vegetation management permit or land development permit has been granted. b. Routine vegetation management on an undeveloped property without a routine vegetation management permit is prohibited. c. Removal of a landmark tree, as defined in RMC 4-11-200, Definitions T, is prohibited unless routine vegetation management permit or land development permit has been granted. Code Text: Tree replacement and mitigation shall be conducted in accordance with the following requirements (RMC 4- 4-130J.4): a. Tree Mitigation Fee: The Administrator may impose a mitigation fee of up to two thousand dollars ($2,000.00) per tree or per violation, plus the installation of replacement trees and/or paying a fee in lieu, pursuant to subsection c. and e. below, for the equivalent credit value of the tree(s) removed. b. Tree Violation Measurement: If a tree has been removed and only the stump remains, the size of the tree shall be determined by the diameter of the top of the stump, unless prior documented record from an ISA certified arborist was completed within one year of the date of violation. c. Tree Replacement Quantity: For each tree that was improperly cut in violation of code, replacement planting shall occur at a rate based on the credit value of the tree(s) removed pursuant to RMC 4-4-130H.1.b.v. d. Tree Replacement Standards: The Administrator shall have the authority to approve, deny, or restrict the tree species for proposed replacement trees. Replacement trees shall be planted with a minimum size of two-inch (2") caliper, or evergreen trees with a minimum size of six feet(6') tall. The City may require a bond to ensure the survival of replacement trees. e. Tree Replacement Fee in Lieu: If tree replacement is infeasible on site, payment into the City's Urban Forestry Program fund may be approved based on the current market value of the replacement trees and the labor to install them. The City shall determine the value of replacement trees. Page 2 of 4 COR CODE24-000261 AR-000044 Corrective Action: On Wednesday April 24th, 2024, the Inspecting Arborist received a phone call from Engineering Specialist Piero DAmore about a contractor cutting down trees in a greenbelt between Blaine Ave NE and NE 3rd St. The City of Renton Inspecting Arborist Gabriella Golzarian arrived within 10 minutes and found AJ&J Tree Service and Landscaping in the act of cutting trees down. Given the severity of the damage, that the work was done in critical areas (both steep slopes and wetlands) , a $2000 fine per tree should be levied as a starting point. Given the complication of trying to force the violator to plant trees on property which isn't even his, the recommendation is that replanting not even be offered as an option. Total: Base violation notice $250 +$2000.00 per tree fine $48,250.00. Contact Urban Forestry's Ian Gray at 425- 430-6601 for further question. Fees: Description Amount CODE - First Violation -Trees Removed 48,250.00 Violation 1 Subtotal: $48,250.00 Total Amount Due: $48,250.00 Payment of$48,250.00 must be made within fifteen (15) days of the date of this Notice of Violation. All city codes listed on this Notice of Violation must be brought into compliance within fifteen (15) days of the date of this Notice of Violation. Invoice to follow. I certify under penalty of perjury under the laws of the State of Washington that I have issued this Notice of Violation on this date and at the location stated above. I certify that I believe by a preponderance of the evidence that the violator committed the above violation(s). Signed: uG Je Date: 05-07- 24 Issued By:Eric Petzold C Code Compliance Inspector 425-430-7277 epetzold@rentonwa.gov Page 3 of 4 COR CODE24-000261 AR-000045 Code Case No: CODE24-000261 Date: 5/6/2024 Violation Address: Total Amount Due: $48,250.00 300 Vuemont PI NE NOTICE OF RENTON MUNICIPAL CODE VIOLATION The City has elected to establish a non-judicial hearing and determination system to enforce Renton Municipal Codes(RMC) civil code violations.Therefore a code violation penalty, consistent with RMC 1-3-2.P is imposed, not including any costs, fees or assessments.You may respond in the following manner: I deny creating, permitting to exist, maintaining or failing to eliminate the violation(s)and I am requesting a hearing to contest this Notice of Violation.Appeal requests must be received by the Renton City Clerk's office within 15 days of the date of this Notice of Violation. Please send me a hearing date. I promise to appear on that date.The administrator must prove by a preponderance of the evidence that I committed the violation. I understand that under RMC 1-3-2.G that the administrator shall decide whether the opportunity to be heard will be only in writing or in person, or both. The city is not required to call witnesses to testify at the hearing. Pursuant to RMC 1-3-2.K,failure to attend the scheduled hearing makes the Notice of Violation final, and I may be subject to additional costs if I fail to withdraw or resolve my appeal prior to the hearing date. I also understand that the city has not waived any rights or remedies under the law. Appeals should be mailed to: City of Renton Attention: City Clerk 1055 S Grady Way Renton,WA 98057 I admit that I have created, permitted to exist, maintained or failed to eliminate the violation(s)and do not need or want any kind of hearing.As a result, I have enclosed a check or money order(do not send cash) in the amount of$ I understand I am required to bring the property into compliance with City of Renton Municipal Code. I also understand that if compliance is not achieved I may be issued additional Notice of Violation with increasing penalties,and or criminally prosecuted. NSF checks will be treated as failure to respond. Payment should be made to: City of Renton Attention: 1st Floor Finance 1055 S Grady Way Renton,WA 98057 Complete information below: (PLEASE PRINT; Name: Street or P.O. Box: City: State: Zip: Telephone: Home: Work: Email: Signature of Violator: Date: Page 4 of 4 COR CODE24-000261 AR-000046 Notice of Violation and Order to Correct Armondo Pavone Mayor Second Notice Community&Economic Development Gina Estep, Administrator Issued To: Date: 6/12/2024 Code Case No: CODE24-000261 James Colt Owner(Tax-Payer): MARVIN F POER AND Mt Olivet Cemetery Co Inc COMPANY Po Box 547 Violation Address: Renton, WA 98057 300 Vuemont PI NE Renton, WA 98056-3808 An inspection of the above premises on 05/06/2024 and 06/12/2024 by a Code Compliance Inspector revealed violation(s) of the City of Renton Municipal Code and Ordinances listed below. Compliance or corrective action must be completed by 6/27/2024. The violation(s) listed below are deemed a Class 1 Civil Infraction pursuant to Chapter 7.80 RCW, and any such person shall be assessed a monetary penalty of up to two hundred fifty dollars ($250.00) per violation. Each day or portion of a day the violation(s) remain shall constitute a separate offense. If voluntary compliance is not achieved, a Criminal Citation MAY be issued [RMC1-10-3.E]. The penalty for a criminal Citation, upon a finding of guilt shall have a mandatory minimum sentence of five (5) days in jail without the option of electronic home detention, and the minimum penalty for the first violation shall be five hundred dollars ($500), the second criminal violation shall have a mandatory minimum sentence of fifteen (15) days in jail without the option of electronic home detention, and the minimum penalty for the second violation shall be six hundred twenty five dollars ($625), the third criminal violation for any individual shall have a mandatory minimum sentence of thirty (30) days in jail without the option of electronic home detention, and the minimum penalty for the third violation shall be seven hundred fifty dollars ($750) [RMC1-10-7.A.2]. Page 1 of 4 COR CODE24-000261 AR-000047 VIOLATION 1: RMC 4-4-130.D Tree Retention Reported Date Issued Date Latest Investigation Date 5/7/24 5/7/24 6/12/24 Violation Note: Total: Base violation notice $250 +$2000.00 per tree fine $48,250.00. As of June 12th 2024 it is noted that there has been no contact and no invoice paid. Code Cited: RMC 4-4-130.D.2, Tree Removal or Vegetation Management Without the Required Permit: a. Tree removal in excess of the limits established in RMC 4-4-130.C.9, Minor Tree Removal Activities, is prohibited unless a routine vegetation management permit or land development permit has been granted. b. Routine vegetation management on an undeveloped property without a routine vegetation management permit is prohibited. c. Removal of a landmark tree, as defined in RMC 4-11-200, Definitions T, is prohibited unless routine vegetation management permit or land development permit has been granted. Code Text: Tree replacement and mitigation shall be conducted in accordance with the following requirements (RMC 4-4-130J.4): a. Tree Mitigation Fee: The Administrator may impose a mitigation fee of up to two thousand dollars ($2,000.00) per tree or per violation, plus the installation of replacement trees and/or paying a fee in lieu, pursuant to subsection c. and e. below, for the equivalent credit value of the tree(s) removed. b. Tree Violation Measurement: If a tree has been removed and only the stump remains, the size of the tree shall be determined by the diameter of the top of the stump, unless prior documented record from an ISA certified arborist was completed within one year of the date of violation. c. Tree Replacement Quantity: For each tree that was improperly cut in violation of code, replacement planting shall occur at a rate based on the credit value of the tree(s) removed pursuant to RMC 4-4-130H.1.b.v. d. Tree Replacement Standards: The Administrator shall have the authority to approve, deny, or restrict the tree species for proposed replacement trees. Replacement trees shall be planted with a minimum size of two-inch (2") caliper, or evergreen trees with a minimum size of six feet(6') tall. The City may require a bond to ensure the survival of replacement trees. e. Tree Replacement Fee in Lieu: If tree replacement is infeasible on site, payment into the City's Urban Forestry Program fund may be approved based on the current market value of the replacement trees and the labor to install them. The City shall determine the value of replacement trees. Page 2 of 4 COR CODE24-000261 AR-000048 Corrective Action: On Wednesday April 24th, 2024, the Inspecting Arborist received a phone call from Engineering Specialist Piero DAmore about a contractor cutting down trees in a greenbelt between Blaine Ave NE and NE 3rd St. The City of Renton Inspecting Arborist Gabriella Golzarian arrived within 10 minutes and found AJ&J Tree Service and Landscaping in the act of cutting trees down. Given the severity of the damage, that the work was done in critical areas (both steep slopes and wetlands) , a $2000 fine per tree should be levied as a starting point. Given the complication of trying to force the violator to plant trees on property which isn't even his, the recommendation is that replanting not even be offered as an option. Total: Base violation notice $250 +$2000.00 per tree fine $48,250.00. Contact Urban Forestry's Ian Gray at 425-430-6601 for further question. Fees: Description Amount CODE - First Violation -Trees Removed 48,250.00 Violation 1 Subtotal: $48,250.00 Total Amount Due: $48,250.00 Payment of$48,250.00 must be made within fifteen (15) days of the date of this Notice of Violation. All city codes listed on this Notice of Violation must be brought into compliance within fifteen (15) days of the date of this Notice of Violation. Invoice to follow. I certify under penalty of perjury under the laws of the State of Washington that I have issued this Notice of Violation on this date and at the location stated above. I certify that I believe by a preponderance of the evidence that the violator committed the above violation(s). Signed: Pe Date: 06-12-24 Issued By:Eric Petzold Code Compliance Inspector 425-430-7277 epetzold@rentonwa.gov Page 3 of 4 COR CODE24-000261 AR-000049 Code Case No: CODE24-000261 Date: 6/12/2024 Violation Address: Total Amount Due: $48,250.00 300 Vuemont PI NE NOTICE OF RENTON MUNICIPAL CODE VIOLATION The City has elected to establish a non-judicial hearing and determination system to enforce Renton Municipal Codes(RMC) civil code violations.Therefore a code violation penalty, consistent with RMC 1-3-2.P is imposed, not including any costs, fees or assessments.You may respond in the following manner: I deny creating, permitting to exist, maintaining or failing to eliminate the violation(s)and I am requesting a hearing to contest this Notice of Violation.Appeal requests must be received by the Renton City Clerk's office within 15 days of the date of this Notice of Violation. Please send me a hearing date. I promise to appear on that date.The administrator must prove by a preponderance of the evidence that I committed the violation. I understand that under RMC 1-3-2.G that the administrator shall decide whether the opportunity to be heard will be only in writing or in person, or both.The city is not required to call witnesses to testify at the hearing. Pursuant to RMC 1-3-2.K, failure to attend the scheduled hearing makes the Notice of Violation final,and I may be subject to additional costs if I fail to withdraw or resolve my appeal prior to the hearing date. I also understand that the city has not waived any rights or remedies under the law. Appeals should be mailed to: City of Renton Attention: City Clerk 1055 S Grady Way Renton,WA 98057 I admit that I have created, permitted to exist, maintained or failed to eliminate the violation(s)and do not need or want any kind of hearing.As a result, I have enclosed a check or money order(do not send cash) in the amount of$ I understand I am required to bring the property into compliance with City of Renton Municipal Code. I also understand that if compliance is not achieved I may be issued additional Notice of Violation with increasing penalties, and or criminally prosecuted. NSF checks will be treated as failure to respond. Payment should be made to: City of Renton Attention: 1st Floor Finance 1055 S Grady Way Renton,WA 98057 Complete information below: (PLEASE PRINT; Name: Street or P.O. Box: City: State: Zip: Telephone: Home: Work: Email: Signature of Violator: Date: Page 4 of 4 COR CODE24-000261 AR-000050 Notice of Violation and Order to Correct Armondo Pavone Mayor 4, Third Notice NTo' Community& Economic Development Gina Estep, Administrator Issued To: Date: 8/13/2024 Code Case No: CODE24-000261 James Colt Owner(Tax-Payer): MARVIN F POER AND Mt Olivet Cemetery Co Inc COMPANY Po Box 547 Violation Address: Renton, WA 98057 300 Vuemont PI NE Renton, WA 98056-3808 An inspection of the above premises on 05/06/2024, 06/12/2024, and 08/12/2024 by a Code Compliance Inspector revealed violation(s) of the City of Renton Municipal Code and Ordinances listed below. Compliance or corrective action must be completed by 8/28/2024. The violation(s) listed below are deemed a Class 1 Civil Infraction pursuant to Chapter 7.80 RCW, and any such person shall be assessed a monetary penalty of up to two hundred fifty dollars ($250.00) per violation. Each day or portion of a day the violation(s) remain shall constitute a separate offense. If voluntary compliance is not achieved, a Criminal Citation MAY be issued [RMC1-10-3.E]. The penalty for a criminal Citation, upon a finding of guilt shall have a mandatory minimum sentence of five (5) days in jail without the option of electronic home detention, and the minimum penalty for the first violation shall be five hundred dollars ($500), the second criminal violation shall have a mandatory minimum sentence of fifteen (15) days in jail without the option of electronic home detention, and the minimum penalty for the second violation shall be six hundred twenty five dollars ($625), the third criminal violation for any individual shall have a mandatory minimum sentence of thirty (30) days in jail without the option of electronic home detention, and the minimum penalty for the third violation shall be seven hundred fifty dollars ($750) [RMC1-10-7.A.2]. Page 1 of 4 COR CODE24-000261 AR-000051 VIOLATION 1: RMC 4-4- 130.D Tree Retention Reported Date Issued Date Latest Investigation Date 5/7/24 5/7/24 8/12/24 Violation Note: A check of records on August 12th 2024 noted that there has been no contact of payment for fines. Code Cited: RMC 4-4-130.D.2, Tree Removal or Vegetation Management Without the Required Permit: a. Tree removal in excess of the limits established in RMC 4- 4-130.C.9, Minor Tree Removal Activities, is prohibited unless a routine vegetation management permit or land development permit has been granted. b. Routine vegetation management on an undeveloped property without a routine vegetation management permit is prohibited. c. Removal of a landmark tree, as defined in RMC 4-11-200, Definitions T, is prohibited unless routine vegetation management permit or land development permit has been granted. Code Text: Tree replacement and mitigation shall be conducted in accordance with the following requirements (RMC 4-4-130J.4): a. Tree Mitigation Fee: The Administrator may impose a mitigation fee of up to two thousand dollars ($2,000.00) per tree or per violation, plus the installation of replacement trees and/or paying a fee in lieu, pursuant to subsection c. and e. below, for the equivalent credit value of the tree(s) removed. b. Tree Violation Measurement: If a tree has been removed and only the stump remains, the size of the tree shall be determined by the diameter of the top of the stump, unless prior documented record from an ISA certified arborist was completed within one year of the date of violation. c. Tree Replacement Quantity: For each tree that was improperly cut in violation of code, replacement planting shall occur at a rate based on the credit value of the tree(s) removed pursuant to RMC 4-4-130H.1.b.v. d. Tree Replacement Standards: The Administrator shall have the authority to approve, deny, or restrict the tree species for proposed replacement trees. Replacement trees shall be planted with a minimum size of two-inch (2") caliper, or evergreen trees with a minimum size of six feet(6') tall. The City may require a bond to ensure the survival of replacement trees. e. Tree Replacement Fee in Lieu: If tree replacement is infeasible on site, payment into the City's Urban Forestry Program fund may be approved based on the current market value of the replacement trees and the labor to install them. The City shall determine the value of replacement trees. Page 2 of 4 COR CODE24-000261 AR-000052 Corrective Action: On Wednesday April 24th, 2024, the Inspecting Arborist received a phone call from Engineering Specialist Piero DAmore about a contractor cutting down trees in a greenbelt between Blaine Ave NE and NE 3rd St. The City of Renton Inspecting Arborist Gabriella Golzarian arrived within 10 minutes and found AJ&J Tree Service and Landscaping in the act of cutting trees down. Given the severity of the damage, that the work was done in critical areas (both steep slopes and wetlands) , a $2000 fine per tree should be levied as a starting point. Given the complication of trying to force the violator to plant trees on property which isn't even his, the recommendation is that replanting not even be offered as an option. Total: Base violation notice $250 +$2000.00 per tree fine $48,250.00. Contact Urban Forestry's Ian Gray at 425- 430-6601 for further question. Fees: Description Amount CODE -Violation Fine 250.00 Violation 1 Subtotal: 250.00 Total Amount Due: 250.00 Payment of$250.00 must be made within fifteen (15) days of the date of this Notice of Violation. All city codes listed on this Notice of Violation must be brought into compliance within fifteen (15) days of the date of this Notice of Violation. Invoice to follow. I certify under penalty of perjury under the laws of the State of Washington that I have issued this Notice of Violation on this date and at the location stated above. I certify that I believe by a preponderance of the evidence that the violator committed the above violation(s). Signed: Pe16/Date: 08-13-24 Issued By:Eric Petzold C/ Code Compliance Inspector 425-430-7277 epetzold@rentonwa.gov Page 3 of 4 COR CODE24-000261 AR-000053 Code Case No: CODE24-000261 Date: 8/13/2024 Violation Address: Total Amount Due: $250.00 300 Vuemont PI NE NOTICE OF RENTON MUNICIPAL CODE VIOLATION The City has elected to establish a non-judicial hearing and determination system to enforce Renton Municipal Codes(RMC) civil code violations. Therefore a code violation penalty, consistent with RMC 1-3-2.P is imposed, not including any costs, fees or assessments.You may respond in the following manner: I deny creating, permitting to exist, maintaining or failing to eliminate the violation(s)and I am requesting a hearing to contest this Notice of Violation.Appeal requests must be received by the Renton City Clerk's office within 15 days of the date of this Notice of Violation. Please send me a hearing date. I promise to appear on that date.The administrator must prove by a preponderance of the evidence that I committed the violation. I understand that under RMC 1-3-2.G that the administrator shall decide whether the opportunity to be heard will be only in writing or in person, or both.The city is not required to call witnesses to testify at the hearing. Pursuant to RMC 1-3- 2.K, failure to attend the scheduled hearing makes the Notice of Violation final, and I may be subject to additional costs if I fail to withdraw or resolve my appeal prior to the hearing date. I also understand that the city has not waived any rights or remedies under the law. Appeals should be mailed to: City of Renton Attention: City Clerk 1055 S Grady Way Renton,WA 98057 I admit that I have created, permitted to exist, maintained or failed to eliminate the violation(s)and do not need or want any kind of hearing.As a result, I have enclosed a check or money order(do not send cash) in the amount of$ I understand I am required to bring the property into compliance with City of Renton Municipal Code. I also understand that if compliance is not achieved I may be issued additional Notice of Violation with increasing penalties, and or criminally prosecuted. NSF checks will be treated as failure to respond. Payment should be made to: City of Renton Attention: 1st Floor Finance 1055 S Grady Way Renton,WA 98057 Complete information below: (PLEASE PRINT; Name: Street or P.O. Box: City: State: Zip: Telephone: Home: Work: Email: Signature of Violator: Date: Page 4 of 4 COR CODE24-000261 AR-000054 Notice of Violation G, Y O and Order to Correct Armondo Pavone Mayor Fourth NoticeTQ Community& Economic Development Gina Estep, Administrator Issued To: Date: 9/4/2024 Code Case No: CODE24-000261 James Colt Owner(Tax-Payer): MARVIN F POER AND Mt Olivet Cemetery Co Inc COMPANY Po Box 547 Violation Address: Renton, WA 98057 300 Vuemont PI NE Renton, WA 98056-3808 An inspection of the above premises on 05/06/2024, 06/12/2024, 08/12/2024, and 09/04/2024 by a Code Compliance Inspector revealed violation(s) of the City of Renton Municipal Code and Ordinances listed below. Compliance or corrective action must be completed by 9/19/2024. The violation(s) listed below are deemed a Class 1 Civil Infraction pursuant to Chapter 7.80 RCW, and any such person shall be assessed a monetary penalty of up to two hundred fifty dollars ($250.00) per violation. Each day or portion of a day the violation(s) remain shall constitute a separate offense. If voluntary compliance is not achieved, a Criminal Citation MAY be issued [RMC1-10-3.E]. The penalty for a criminal Citation, upon a finding of guilt shall have a mandatory minimum sentence of five (5) days in jail without the option of electronic home detention, and the minimum penalty for the first violation shall be five hundred dollars ($500), the second criminal violation shall have a mandatory minimum sentence of fifteen (15) days in jail without the option of electronic home detention, and the minimum penalty for the second violation shall be six hundred twenty five dollars ($625), the third criminal violation for any individual shall have a mandatory minimum sentence of thirty (30) days in jail without the option of electronic home detention, and the minimum penalty for the third violation shall be seven hundred fifty dollars ($750) [RMC1-10-7.A.2]. Page 1 of 4 COR CODE24-000261 AR-000055 VIOLATION 1: RMC 4-4-130.D Tree Retention Reported Date Issued Date Latest Investigation Date 5/ 7/24 5/7/24 9/4/24 Violation Note: A check records on September 4, 2024 noted that the fine has not been paid. The next notice will start daily fines. Code Cited: RMC 4-4-130.D.2, Tree Removal or Vegetation Management Without the Required Permit: a. Tree removal in excess of the limits established in RMC 4-4-130.C.9, Minor Tree Removal Activities, is prohibited unless a routine vegetation management permit or land development permit has been granted. b. Routine vegetation management on an undeveloped property without a routine vegetation management permit is prohibited. c. Removal of a landmark tree, as defined in RMC 4-11-200, Definitions T, is prohibited unless routine vegetation management permit or land development permit has been granted. Code Text: Tree replacement and mitigation shall be conducted in accordance with the following requirements (RMC 4-4-130J.4): a. Tree Mitigation Fee: The Administrator may impose a mitigation fee of up to two thousand dollars ($2,000.00) per tree or per violation, plus the installation of replacement trees and/or paying a fee in lieu, pursuant to subsection c. and e. below, for the equivalent credit value of the tree(s) removed. b. Tree Violation Measurement: If a tree has been removed and only the stump remains, the size of the tree shall be determined by the diameter of the top of the stump, unless prior documented record from an ISA certified arborist was completed within one year of the date of violation. c. Tree Replacement Quantity: For each tree that was improperly cut in violation of code, replacement planting shall occur at a rate based on the credit value of the tree(s) removed pursuant to RMC 4-4-130H.1.b.v. d. Tree Replacement Standards: The Administrator shall have the authority to approve, deny, or restrict the tree species for proposed replacement trees. Replacement trees shall be planted with a minimum size of two-inch (2")caliper, or evergreen trees with a minimum size of six feet(6') tall. The City may require a bond to ensure the survival of replacement trees. e. Tree Replacement Fee in Lieu: If tree replacement is infeasible on site, payment into the City's Urban Forestry Program fund may be approved based on the current market value of the replacement trees and the labor to install them. The City shall determine the value of replacement trees. Page 2 of 4 COR CODE24-000261 AR-000056 Corrective Action: On Wednesday April 24th, 2024, the Inspecting Arborist received a phone call from Engineering Specialist Piero DAmore about a contractor cutting down trees in a greenbelt between Blaine Ave NE and NE 3rd St. The City of Renton Inspecting Arborist Gabriella Golzarian arrived within 10 minutes and found AJ&J Tree Service and Landscaping in the act of cutting trees down. Given the severity of the damage, that the work was done in critical areas (both steep slopes and wetlands) , a $2000 fine per tree should be levied as a starting point. Given the complication of trying to force the violator to plant trees on property which isn't even his, the recommendation is that replanting not even be offered as an option. Total: Base violation notice $250 +$2000.00 per tree fine $48,250.00. Contact Urban Forestry's Ian Gray at 425-430-6601 for further question. Fees: Description Amount CODE - First Violation Fee 100.00 Violation 1 Subtotal: 100.00 Total Amount Due: 100.00 Payment of$100.00 must be made within fifteen (15) days of the date of this Notice of Violation. All city codes listed on this Notice of Violation must be brought into compliance within fifteen (15) days of the date of this Notice of Violation. Invoice to follow. I certify under penalty of perjury under the laws of the State of Washington that I have issued this Notice of Violation on this date and at the location stated above. I certify that I believe by a preponderance of the evidence that the violator committed the above violation(s). Signed: CJ , a Date: 09-04-24 Issued By:Eric Petzold Code Compliance Inspector 425-430-7277 epetzold@rentonwa.gov Page 3 of 4 COR CODE24-000261 AR-000057 Code Case No: CODE24-000261 Date: 9/4/2024 Violation Address: Total Amount Due: $100.00 300 Vuemont PI NE NOTICE OF RENTON MUNICIPAL CODE VIOLATION The City has elected to establish a non-judicial hearing and determination system to enforce Renton Municipal Codes(RMC) civil code violations.Therefore a code violation penalty, consistent with RMC 1-3- 2.P is imposed, not including any costs, fees or assessments.You may respond in the following manner: I deny creating, permitting to exist, maintaining or failing to eliminate the violation(s)and I am requesting a hearing to contest this Notice of Violation.Appeal requests must be received by the Renton City Clerk's office within 15 days of the date of this Notice of Violation. Please send me a hearing date. I promise to appear on that date.The administrator must prove by a preponderance of the evidence that I committed the violation. I understand that under RMC 1-3-2.G that the administrator shall decide whether the opportunity to be heard will be only in writing or in person, or both.The city is not required to call witnesses to testify at the hearing. Pursuant to RMC 1-3-2.K,failure to attend the scheduled hearing makes the Notice of Violation final, and I may be subject to additional costs if I fail to withdraw or resolve my appeal prior to the hearing date. I also understand that the city has not waived any rights or remedies under the law. Appeals should be mailed to: City of Renton Attention: City Clerk 1055 S Grady Way Renton,WA 98057 I admit that I have created, permitted to exist, maintained or failed to eliminate the violation(s)and do not need or want any kind of hearing.As a result, I have enclosed a check or money order(do not send cash) in the amount of$ I understand I am required to bring the property into compliance with City of Renton Municipal Code. I also understand that if compliance is not achieved I may be issued additional Notice of Violation with increasing penalties, and or criminally prosecuted. NSF checks will be treated as failure to respond. Payment should be made to: City of Renton Attention: 1st Floor Finance 1055 S Grady Way Renton,WA 98057 Complete information below: (PLEASE PRINT; Name: Street or P.O. Box: City: State: Zip: Telephone: Home: Work: Email: Signature of Violator: Date: Page 4 of 4 COR CODE24-000261 AR-000058 Mr. Colts Appeal of Code Violation 10-29-2024 COR CODE24-000261 AR-000059 OCTK n 8 Q~° ^~ °N~NNNNw 0 p w mmNotice CITY CLERK'SL)FMi Correct0N *` mo n aK8oyor CommunitV& Economic Development BhonneBannwmrth. Interim Administrator Issued To:Date: 5/8/2024 Code Case No: l James Colt Owner MARVNFPOERAND K8t Olivet ComohaD/CoInc COMPANY Violation Address: PnBnx547 Renton, 3UOVuomontP| NEWAABU57 Renton,VVA88O56-38O8 An inspection of the above premises on 05/ 06/2024 by a Code Compliance Inspector revealed violation(s) of the City of Renton Municipal Code and Ordinances listed below. Compliance or corrective action must bacompleted by5/22/2024. The violation(s) listed below are deemed a Class 1 Civil Infraction pursuant to Chapter 7.80 RCW, and any such person shall be assessed a monetary penaltynofupto two hundred fifty dollars($2SO.00) per violation. Each day nr portion of a day the violation(s) remain shall constitute a separate offense. K voluntary compliance is not achieved,a Criminal Citation MAY be issued [R[WC1-10-3.E]. The penalty for a criminal Citation, upon a finding of guilt shall have a mandatory minimum sentence of five(5) days in jail without the option of electronic home detention,and the minimum penalty for the first violation shall bo five hundred dollars($500).the second criminal violation shall have e mandatory minimum sentence of fifteen (15) days in jail without the option of electronic home detention, and the minimum penalty for the second violation shall be six hundred twenty five dollars($625), the third criminal violation for any individual shall have a mandatory minimum sentence of thirty(30)days in jail without the option of electronic home detention,and the minimum penalty for the third violation shall be seven hundred fifty dollars ($750) [RK8C1-10-7.A.2]. Page 1nf4 COR CODE24-000261 AR-000060 I; KK 4_4- 3UI)Tmp w~~ Reported Date Issued "a"+~ ` ` 5/7124 5/7C24 5/5/24 Violation Note: Total: Base violation notice$250+$200O.00 per tree fine$48,250.00. i Code Cited: RMC4-4-130.D.2.Tree Removal or Vegetation Management Without the Required Permit.. a. Tree removal |n excess uf the limits established in RK8C4-4-13O.C.S. Minor Tree Removal | _ Activities, is prohibited un|aaa a routine vegetation management permit orland development ) permit has been granted. b. Routine vegetation management on an undeveloped property without a routine vegetation [ management permit ioprohibited. c. Removal mfa landmark tree, ao defined inRMC4- 1-200. DefinitionaT. impmhUodeduniena routine vegetation management permit or land development permit has been granted. Code Text: Tree replacement and mitigation shall be conducted in accordance with the following requirements (R[NC4-4-13U14) o. Tree Mitigation Fee: The Administrator may impose a mitigation fee of up to two thousand dollars ($2,000.00)per tree or per violation, plus the installation of replacement trees and/or paying a fee in lieu, pursuant to subsection o. and e, below,for the equivalent credit value of the t/ea(e) removed. b.Tree Violation Measurement: If a tree has been removed and only the stump remains,the size of the tree shall be determined by the diameter of the top of the stump, unless prior documented record from an ISA certified arborist was completed within one year of the date '] of violation. c. Tree Replacement Quantity: For each tree that was improperly cut in violation of code, i replacement planting shall occur at a rate based an the credit value of the tree(s) removed pursuant hcRK8C4-4-13OH 1 bx d.Tree Replacement Standards:The Administrator shall have the authority toapprove, deny, or restrict the tree species for proposed replacement trees. Replacement trees shall be planted with a minimum size of two-inch (2")caliper, or evergreen trees with a minimum size of six feet(6)tall. The City may require a bond to ensure the survival of replacement teas. o.Tree Replacement Fee in Lieu: If tree replacement is infeasible on site, payment into the City's Urban Forestry Program fund may be approved based on the current market value of the replacement trees and the labor to install them. The City shall determine the value nf replacement trees, Pop 2 of 4 COR CODE24-000261 AR-000061 CormectNojCcoon: un Wednesday April=~~" '' 2o~'' -J'-'- `Arborist receive nQdmwnk eo\nognmenbe g eedngSoec i RenoD8m»naaoou o contractor cu n d A m obheUa between Blaine Ave NE and NE3ndSL The City of Renton | - nQLmndmomp|nQinthea/ Go ahanonivadw hin1OminuteoandfoundAJ&JTnao5enxoaano i of cutting trees down. that thowork was done inch\m|areas(bothsteep| 6ivmnthese«eh yof hedamega' slopes and wetlands) ' a$20OOfinepur tree should be starting point. Given thehe complication of trying ho force the violator hz plant trees on propertywhichisn'tevonhis. the recommendation is that replanting not even be offered aaanoption. Total: Base violation notice $25O +$2OOO,OO per tree fine$48.2GO.00. Contact Urban Forestry's Ian Gray ot425'43U-GG01 for further question. Fees: Description Amount COOE-Firm Vio|sd)on-TremmRemovad 48'25O.00 Subtotal: *48.250M Toto| Amnount ue: $48 50-00 Payment$2 OOm m fi n(1 d d imN listed on Mh No ce-of Violation must be brought into compliance within fifteen (15)days of the date of this Notice of Violation. Invoice hnfoUmW I certify under penalty of pedury under the laws of the State of Washington that I have issued this Notice of Violation on this date and ed the location stated above. /certify that|believe bya preponderance v/the evidence that the violator committed the above vio|ation(s) 05-O7'24e Signed: `_ -- ' ~~~~~- Issued 8y:EhcPetzo|d (1/ Code Compliance Inspector 425'430-7277 opetzo|d@renbomwe,gov Page 3uf4 COR CODE24-000261 AR-000062 Code Case No:CODE24-000251 Date: 5/6/2024 Violation Address: Total Amount Due:$48,250.00 300 Vuemont PI NE NOTICE OF RENTON MUNICIPAL CODE VIOLATION The City has elected to establish a non-judicial hearing and determination system to enforce Renton Municipal Codes(RMC) civil code violations. Therefore a code violation penalty,consistent with RMC 1-3- 2.P is imposed, not Including any costs, fees or assessments.You may respond in the following manner: deny creating, permitting to exist,maintaining or failing to eliminate the violation(s)and I am requesting a hearing to11,/ contest this Notice of Violation.Appeal requests must be received by the Renton City Clerk's office within 15 days of the date of this Notice of Violation. Please send me a hearing date. I promise to appear on that date.The administrator must prove by a preponderance of the evidence that I committed the violation. I understand that under RMC 1-3-2.G that the administrator shall decide whether the opportunity to be heard will be only in writing or in person, or both.The city is not required to call witnesses to testify at the hearing. Pursuant to RMC 1-3-2.K, failure to attend the scheduled hearing makes the Notice of Violation final,and I may be subject to additional costs if I fail to withdraw or resolve my appeal prior to the hearing date, I also understand that the city has not waived any rights or remedies under the law. Appeals should be mailed to: City of Renton Attention:City Clerk 1055 S Grady Way Renton,WA 98057 El I admit that I have created,permitted to exist, maintained or failed to eliminate the violation(s)and do not need or want anykindofhearing.As a result, I have enclosed a check or money order(do not send cash)in the amount of$ I understand I am required to bring the property into compliance with City of Renton Municipal Code. I also understand that if compliance is not achieved I may be issued additional Notice of Violation with increasing penalties,and or criminally prosecuted,NSF checks will be treated as failure to respond. Payment should be made to: City of Renton Attention: 1st Floor Finance 1066 S Grady Way Renton,WA 98057 Complete information below: (PLEASE PRINT: Name: Street or P.O. Box: City: State: Zip: Telephone: Home: Work: Email: 3- — 0 Signature of Violator: Date: Page 4 of 4 COR CODE24-000261 AR-000063 II' FIRST CLASS MA 1110‘ pm LAS HER HOLZAPFEL i SPERRY & 1PLLc- EBBERSON ! 011'1-'0PNEYS. AT LAVy CV Y!'•;'0' i'F.TPF S.1,1' : 2:-. ,. .7T. VVA 9,,,c,1,4D00 CaY OF RENTOr. CT 2 9 2.024 Ct CYC Ken*On EDRecEN civ cLERKs of 05 S Gca 1111°' Ce)(--,-4-on, L)Pkj 93 PO' COR CODE24-000261 AR-000064 FIRST CLASS MAIL 1wv1 ssv-10 1S 11 COR CODE24-000261 AR-000065 NOTICE OF APPEARANCE - 1 ATTORNEYS AT LAW 2600 TWO UNION SQUARE 601 UNION STREET SEATTLE WA 98101-4000 TELEPHONE 206 624-1230 Fax 206 340-2563 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 MUNICIPAL COURT – CITY OF RENTON CODE COMPLIANCE APPEAL CITY OF RENTON CASE NO.: CODE-24-000261 NOTICE OF APPEARANCE v. JAMES COLT, MT. OLIVET CEMETERY CO. INC. Respondents. TO: THE CLERK OF THE ABOVE-ENTITLED COURT AND TO: All Interested Parties YOU AND EACH OF YOU will please take notice that Julie M. Pendleton of Lasher Holzapfel Sperry & Ebberson PLLC, hereby enter an appearance in the above-entitled action as counsel on behalf of James Colt and Mt. Olivet Cemetery Co. Inc. and requests that copies of all further pleadings and notice of proceedings herein, excluding original process, be served upon her by leaving a copy thereof at Lasher Holzapfel Sperry & Ebberson PLLC, 601 Union Street, Suite 2600, Seattle, WA 98101. COR CODE24-000261 AR-000066 NOTICE OF APPEARANCE - 2 ATTORNEYS AT LAW 2600 TWO UNION SQUARE 601 UNION STREET SEATTLE WA 98101-4000 TELEPHONE 206 624-1230 Fax 206 340-2563 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 DATED this 3rd day of December, 2024. LASHER HOLZAPFEL SPERRY & EBBERSON PLLC Julie M. Pendleton, WSBA No. 52882 Attorney for James Colt, Mt. Olivet Cemetery Co, Inc. COR CODE24-000261 AR-000067 CynthiaMoya From:Elizabeth Luksetich <luksetich@lasher.com> Sent:Tuesday, December 3, 2024 3:07 PM To:Cynthia Moya; Julie M. Pendleton Cc:Jason Seth; Phil Olbrechts; Eric Petzold; Sheila Madsen; Donna Locher Subject:RE: FW: Code Case No. CODE-24-000261 Attachments:Ltr toCynthia Moya, City of Renton Clerk 12-3-2024 (4899-7514-0355).pdf; NOA - JMP (4921-5696-4867).pdf Follow Up Flag:Follow up Flag Status:Flagged CAUTION: This email originated from outside the City ofRenton. Donot click links, reply or open attachments unless you know thecontent issafe. Good Afternoon, Attached are aLetter from Julie M. Pendleton andNoticeof Appearance forJulie M. Pendleton. Thank you, Liz Elizabeth Luksetich | Legal Assistant Lasher Holzapfel Sperry & Ebberson direct: +1 206-332-7552 email: luksetich@lasher.com Signature for Elizabeth Luksetich From: Cynthia Moya <CMoya@Rentonwa.gov> Sent: Tuesday, November 26, 2024 8:55 AM To: Julie M. Pendleton <pendleton@lasher.com> Cc: Jason Seth <JSeth@Rentonwa.gov>; Phil Olbrechts <olbrechtslaw@gmail.com>; Eric Petzold EPetzold@Rentonwa.gov>; Sheila Madsen <SMadsen@Rentonwa.gov>; Donna Locher <DLocher@Rentonwa.gov> Subject: RE: FW: Code Case No. CODE-24-000261 EXTERNAL\] Here is the letter along with the attachments that went outtoMr. Colt on11-13-2024. Thank you, CINDY MOYA | CITY CLERK SPECIALIST City ofRenton / / City Clerk’sO?ice cmoya@rentonwa.gov O?ice (425) 430-6513 Work Schedule: Tues, Wed & Thurs: City Hall Mon & Friday: Work from Home 1 COR CODE24-000261 AR-000068 From: Julie M. Pendleton <pendleton@lasher.com> Sent: Tuesday, November 26, 2024 8:51 AM To: Cynthia Moya <CMoya@Rentonwa.gov> Cc: Jason Seth <JSeth@Rentonwa.gov>; Phil Olbrechts <olbrechtslaw@gmail.com>; Eric Petzold EPetzold@Rentonwa.gov>; Sheila Madsen <SMadsen@Rentonwa.gov>; Donna Locher <DLocher@Rentonwa.gov> Subject: RE: FW: Code Case No. CODE-24-000261 CAUTION: This email originated from outside the City ofRenton. Donot click links, reply or open attachments unless you know thecontent issafe. Hi Ms. Moya, would you please send me the attachments. I am in the process of getting my NOA prepared and on file. Happy Thanksgiving. Julie. Julie M. Pendleton Principal 601 Union Street, Suite 2600 Seattle, WA 98101 direct: +1 206-654-2410 email: pendleton@lasher.com Click here to view my bio From: Cynthia Moya <CMoya@Rentonwa.gov> Sent: Tuesday, November 26, 2024 8:41 AM To: Julie M. Pendleton <pendleton@lasher.com> Cc: Jason Seth <JSeth@Rentonwa.gov>; Phil Olbrechts <olbrechtslaw@gmail.com>; Eric Petzold EPetzold@Rentonwa.gov>; Sheila Madsen <SMadsen@Rentonwa.gov>; Donna Locher <DLocher@Rentonwa.gov> Subject: RE: FW: Code Case No. CODE-24-000261 EXTERNAL\] Ms. Pendleton, Thank you for your email. Do you happen tohave aNotice ofAppearance for your client? Idonot see one inthe le. Also, doyou need me toemail you theletter with attachments thatwere sent toMr. Colt? Thank you, CINDY MOYA | CITY CLERK SPECIALIST City ofRenton / / City Clerk’sO?ice cmoya@rentonwa.gov O?ice (425) 430-6513 Work Schedule: Tues, Wed & Thurs: City Hall Mon & Friday: Work from Home From: Phil Olbrechts <olbrechtslaw@gmail.com> Sent: Tuesday, November 26, 2024 7:59 AM To: Julie M. Pendleton <pendleton@lasher.com> Cc: Cynthia Moya <CMoya@Rentonwa.gov>; Donna Locher <DLocher@Rentonwa.gov>; Sheila Madsen 2 COR CODE24-000261 AR-000069 SMadsen@Rentonwa.gov> Subject: Re: FW: Code Case No. CODE-24-000261 CAUTION: This email originated from outside the City ofRenton. Donot click links, reply or open attachments unless you know thecontent issafe. Continuance to 12/3granted with a12/6reply deadline from the City. OnTue, Nov26, 2024at6:14AM Julie M. Pendleton <pendleton@lasher.com> wrote: Good morning – resending to the correct email address for Ms. Moya. Julie. Julie M. Pendleton Principal 601 Union Street, Suite 2600 Seattle, WA 98101 direct: +1206-654-2410 email: pendleton@lasher.com Click here to view mybio From: Julie M. Pendleton Sent: Monday, November 25, 2024 9:01 PM To: cmoya@renton.com Cc: olbrechtslaw@gmail.com Subject: Code Case No. CODE-24-000261 Good evening, This office represents Mr. Colt in the above described matter. My client just recently forwarded me a notice transmitted on November 13, 2024 requesting a response as to the timeliness of his appeal of theCode Violation at issue that appears to be due tomorrow at 5 pm. rdIamwritingtorequestabriefcontinuance (until December 3) to submit the response on Mr. Colt’sbehalf. I just received acopy of this correspondence and am not available due to a number of preexisting deadlines as well as the impending holiday. Please let me know ifthe City of Renton will grant the requested continuance. Thank you, Julie 3 COR CODE24-000261 AR-000070 Julie M. Pendleton Principal 601 Union Street, Suite 2600 Seattle, WA 98101 direct: +1206-654-2410 email: pendleton@lasher.com Click here to view mybio CONFIDENTIALITY NOTICE: Thisemail andanyattachments may contain confidential orattorney-client protected information that may notbe further distributed byany means without permission of the sender. Ifyouarenotthe intended recipient, you are hereby notified thatyou are not permitted to read itscontent and that any disclosure, copying, printing, distribution oruse ofany ofthe information isprohibited. If you have received thisemail in error, please immediately notify thesender byreturn e-mailand delete the message andits attachments without savingin any manner. Signature for Julie M. Pendleton 4 COR CODE24-000261 AR-000071 CITY OF RENTON’S NOTICE OF APPEARANCE– Page 1 Renton City Attorney 1055 S. Grady Way Renton, WA 98057-3232 Phone: 425.430.6480 Fax: 425.430.6498 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BEFORE THE CITY OF RENTON HEARING EXAMINER IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON JAME COLT, President; AND MT. OLIVET CEMETERY CO., INC., a Washington corporation Appellant(s), v. CITY OF RENTON, a Washington municipal corporation; Respondent. NO. CODE 24-000261 CITY OF RENTON’S NOTICE OF APPEARANCE TO: CLERK OF THE COURT; AND TO: ALL INTERESTED PARTIES PLEASE TAKE NOTICE that M. Patrice Kent, Senior Assistant City Attorney, without waiving any objections including to jurisdiction, venue, and proper service, appears as attorney of record for Respondent, CITY OF RENTON, in the above-referenced matter. All future pleadings, correspondence, or communications in the above matter, other than original process, should be directed to and served upon the City of Renton at the address stated below: COR CODE24-000261 AR-000072 CITY OF RENTON’S NOTICE OF APPEARANCE– Page 2 Renton City Attorney 1055 S. Grady Way Renton, WA 98057-3232 Phone: 425.430.6480 Fax: 425.430.6498 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 M. Patrice Kent Senior Assistant City Attorney 1055 S. Grady Way Renton, WA 98057 Phone: (425) 430-6482 E-mail: pkent@rentonwa.gov RESPECTFULLY SUBMITTED, this 6th day of December, 2024. CITY OF RENTON: By:/s/M. Patrice Kent M. Patrice Kent, WSBA #42460 Attorney for City of Renton COR CODE24-000261 AR-000073 CITY OF RENTON’S NOTICE OF APPEARANCE– Page 3 Renton City Attorney 1055 S. Grady Way Renton, WA 98057-3232 Phone: 425.430.6480 Fax: 425.430.6498 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 DECLARATION OF SERVICE I declare under penalty of perjury under the laws of the State of Washington that on a true and correct copy of the foregoing document was served upon the parties listed below via the method indicated: Plaintiff: INSERT] E-mail [ ] United States Mail [ ] Legal Messenger [ ] Other Agreed E-Service DATED this ______ day of ______________________, 2020, at [insert], Washington. INSERT NAME] COR CODE24-000261 AR-000074 City Attorney’s Office Memorandum DATE: December 6, 2024 TO: Phil Olbrechts, Hearing Examiner (olbrechtslaw@gmail.com) CC: Cynthia Moya, City Clerk Specialist (cmoya@rentonwa.gov) Julie Pendleton, Counsel for Appellant Colt/Mt Olivet pendleton@lasher.com) FROM: M. Patrice Kent (pkent@rentonwa.gov) SUBJECT: Reply to Response to Untimely Filing of Appeal City of Renton Code Compliance Case # CODE 24-000261) Mr. Hearing Examiner, I represent the City of Renton Community and Economic Development Department, including the Code Compliance Division and its employees in the course of their assigned duties. The 4 Notices of Violation and the Email from Mr. Petzold referenced herein are attached to the email for ease of reference. In her Response dated October 3, 3024, Ms. Pendleton does not dispute that the Appeal filed on October 29, 2024 for a Notice of Violation dated May 6, 2024, (“May Violation”) was untimely. Counsel appears to consider opportunity for appeal of Renton Municipal Code (“RMC”) violation as the functional equivalent to a default judgment. Ms. Pendleton asserts that the untimely filing should be excused for equity reasons based on a good faith mistake of her office relating to “which attorney was handling the appeal.” She relies on the Division 2 unpublished Morrone v. Northwest Motorsport, Inc., 22 Wn.App.2d, 1002, 2022 WL 1468789 (2022) and in the Division 2 published VanderStoep v. Guthrie, 200 Wn.App. 500, 402 P3d 883 (2017). Each of these cases apply the 4-step analysis from White v. Holm, 73 Wn.2d 348, 352, 438 P.2d 581 (1968): MORRONE FACT COMPARISON A closer review of facts in Morrone shows it is clearly distinguishable from the code compliance case at issue here. Both Northwest Motorsport, Inc. (“NWMS”) and Mr. Colt/Mt. Olivet Cemetery Co., Inc. together “Colt”) were untimely in their filing. At that point, the similarities end. NWMS had a corporate restructuring and change of management during the course of the case, which is not alleged here. The delay for NWMS was a matter of days rather than the COR CODE24-000261 AR-000075 Hearing Examiner: CODE 24-000261 (REPLY – Untimely Filing) Page 2 of 3 December 6, 2024 months for Colt. The counsel miscommunication for NWMS was what firm was representing the party, versus which attorney within the firm was representing Colt. In addition to the corporate restructuring, period of delay and the substance of counsel miscommunication, in the present case there were also three intervening notices of violation issued after the May Violation and before the Appeal was filed, on June 12, 2024 (“June Violation”) and on August 13, 2024 (“August Violation”) and on September 4, 2024 (“September Violation”). Each were substantially the same, consolidated under the same code compliance case referenced above and citing violation of the same Renton Municipal Code (“RMC”) section, RMC 4-4-130.D.2. In addition, following the issuance of the second notice of violation on July 2, 2024, Code Compliance Inspector Eric Petzold sent an email to Mr. Colt requesting contact. VANDERSTOEP FACT COMPARISON: VanderStoep is readily distinguishable from the instant case. In the insurance-related case, the adjuster claimed that she “never received notice of the lawsuit” (VanderStoep, at 511) and the Guthries also “properly notified American Family insurance] and followed up on that notice” (VanderStoep, at 512, emphasis added). The court agreed to set aside the noneconomic damages. Here there is no claim that counsel did not receive notice, nor that Mr. Colt followed up despite the multiple notices and email communication noted above. At this point there are no noneconomic damages as the totality of corrective action is a fine. WHITE 4-STEP ANALYSIS: VanderStoep (at 516-517) quotes the standards for setting aside a default judgment as first laid out by the Washington State Supreme Court in White v. Holm, 73 Wn.2d 348, 352, 438 P.2d 581 (1968): . A party moving to vacate a default judgment must be prepared to show: 1) that there is substantial evidence supporting a prima facie defense; 2) that the failure to timely appear and answer was due to mistake, inadvertence, surprise, or excusable neglect; 3) that the defendant acted with due diligence after notice of the default judgment; and 4) that the plaintiff will not suffer a substantial hardship if the default judgment is vacated. Little v. King, 160 Wn.2d 696, 703-04, 161 P.3d 345 (2007). Factors (1) and (2) are "primary" and (3) and (4) are "secondary." (Id. At 704) Morrone (at 1014-15) describes the procedural analysis of setting aside a defauklt judgment as a matter of equity: COR CODE24-000261 AR-000076 Hearing Examiner: CODE 24-000261 (REPLY – Untimely Filing) Page 3 of 3 December 6, 2024 We determine whether default should be set aside as a matter of equity. VanderStoep, 200 Wn.App. at 517. Accordingly, when reviewing the trial court's decision to vacate default judgment, we assess whether that decision is just and equitable. Rush v. Blackburn, 190 Wn.App. 945, 956-57, 361 P.3d 217 (2015). "Our primary concern is whether justice is being done." VanderStoep, 200 Wn.App. at 517. What is equitable is determined from the specific facts of each case, and is not a fixed rule. Little, 160 Wn.2d at 703. CONCLUSIONS The fact patterns in Morrone and VanderSloep are readily distinguishable from the current code enforcement appeal. It appears to the City that Ms. Pendleton would have the Hearing Examiner overlook direction from Little, wherein a fact-specific analysis determines what is equitable and instead allow a general assertion of “counsel miscommunication” to provide an unwavering determination of equitable excuse. In this instance, it seems reasonable that three additional formal notices and a direct request for communication over a period of months should not, for the purposes of equity, be conflated with a single notice for a decision to which a party responded within days as occurred in Morrone. Nor should it be conflated with counsel arguably not receiving notice when the represented party then attempted to follow up with counsel. Establishing a precedent wherein a party appearing before the Hearing Examiner can merely assert “counsel miscommunication” without some reasonable bounds would have the effect of the rendering the City’s appellate deadlines virtually unenforceable. This could cause a substantial hardship on the City and development in the jurisdiction, particularly to the extent that both the City and developers rely on enforceable deadlines as final decisions for LUPA-related land use actions. The City urges the Hearing Examiner to dismiss the appeal as untimely. COR CODE24-000261 AR-000077