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HomeMy WebLinkAboutCode Appeal CITY OF RENTON Finding of Violation OCT 072019 01Y o��\ RECEIVED • CITY CLERK'S OFFIgnis Law Mayor + �� + 41FNTOt/� Community& Economic Development C.E. "Chip"Vincent,Administrator Issued To: Date: October 01, 2019 Code Case No: CODE19-000611 Bob (Robert)Wenzl Owner(Tax-Payer): Bob (Robert)Wenzl, Tuscany Construction Tuscany Construction LLC LLC PO Box 6127 Violation Address: Bellevue, WA 98008 5626 NE 2nd St Renton, WA 98059- The undersigned City of Renton.Code Compliance Inspector hereby certifies and states that a Warning of Violation has been provided to the named violator and the violation was not eliminated. The Violator has created, permitted to exist, maintained or failed to eliminate the following violation(s): j_VIOLATION 1: Tree Retention and Land Clearing Regs Violations Investigation Date 10/01/2019 Code Text: RMC 4-4-130J.3: The City may require replacement of all improperly removed ground cover with species similar to those which were removed or other approved species such that the biological and habitat values will be replaced. Restoration shall include installation and maintenance of interim and emergency erosion control measures that shall be required as determined by the City. RMC 4-4-130J.4: The City may require, for each tree that was improperly cut and/or removed in violation of, or without, an approved Land Development Permit and associated tree retention and land clearing plan, replacement planting of a tree of equal size, quality and species or replacement trees at a rate of one-to-one (1:1)caliper inches.The replacement trees will be of sufficient caliper to adequately replace the lost tree(s), and at a minimum of two inches (2") in caliper. The City may require a bond to ensure the survival of replacement trees. RMC 4-4-130J.5: For any parcel on which trees and/or ground cover are improperly removed and subject to penalties under this Section, the City shall stop work on any existing permits and halt the issuance of any or all future permits or approvals until the property is fully restored in compliance with this Section and all penalties are paid. RMC 4-4-130H.1.e.iii: "when the Administrator determines that it is infeasible to replace trees on the site, payment into the City's Urban Forestry Program fund may be approved in an amount of money approximating the current market value of the replacement trees and the labor to install them. The City shall determine the value of replacement trees." • The current fee, as determined by the City, is $215 per caliper inch. Corrective Action: The Urban Forestry Manager has inspected the site. The report states that two trees were removed from the right of way without a permit. The penalty is a one hundred dollar($100)fine per tree and a fee in lieu for an assessed forty inches (40"). Erosion control is required and fees paid before the stop work order is lifted. Fees: Description Amount CODE- First Violation - $200.00 Trees Removed RMC 4-4-130J.3: The City may require replacement of all improperly removed ground cover with species similar to those which were removed or other approved species such that the biological and habitat values will be replaced. Restoration shall include installation and maintenance of interim and Page 1 of 3 emergency erosion control measures that shall be required as determined by the City. RMC 4-4-130J.4:The City may require,for each tree that was improperly cut and/or removed in violation of, or without, an approved Land Development Permit and associated tree retention and land clearing plan, replacement planting of a tree of equal size, quality and species or replacement trees at a rate of one-to-one (1:1)caliper inches.The replacement trees will be of sufficient caliper to adequately replace the lost tree(s), and at a minimum of two inches (2") in caliper. The City may require a bond to ensure the survival of replacement trees. RMC 4-4-130J.5: For any parcel on which trees and/or ground cover are improperly removed and subject to penalties under this Section, the City shall stop work on any existing permits and halt the issuance of any or all future permits or approvals until the property is fully restored in compliance with this Section and all penalties are paid. RMC 4-4-130H.1.e.iii: "when the Administrator determines that it is infeasible to replace trees on the site, payment into the City's Urban Forestry Program fund may be approved in an amount of money approximating the current market value of the replacement trees and the labor to install them.The City shall determine the value of replacement trees." The current fee, as determined by the City, is$215 per caliper inch. • Corrective Action: The Urban Forestry Manager has inspected the site. The report states that two trees were removed from the right of way without a permit. The penalty is a one hundred dollar($100)fine per tree and a fee in lieu for an assessed forty inches (40"). Erosion control is required and fees paid before the stop work order is lifted. Fees: Description Amount PLAN -Tree Fee-in-Lieu $8,600.00 Program Violation 1 Subtotal: $8,800.00 Total Amount Due: $8,800.00 Payment of$8,800.00 must be made within fifteen (15)days of the date of this Finding of Violation.All city codes listed on this Finding of Violation must be brought into compliance within fifteen (15) days of the date of this Finding of Violation. Invoice to follow. I certify under penalty of perjury under the laws of the State of Washington that I have issued this Finding 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: 1'- — �) Issued By:Kevin Louder Code Compliance Inspector 425-430-7277 klouder@rentonwa.gov • Page 2 of 3 Code Case No: CODE19-000611 CITY OF RENTON Date: October01,2019 Violation Address: Total Amount Due: $8,800.00 5626 NE 2nd St .00T 0 7 2019 Renton,WA 98059- RECEIVED NOTICE OF RENTON MUNICIPAL CIJK Ut@h/t1 igtiFICE The City has elected to establish a non-judicial hearing and determination system to enforce Renton Municipal Codes(RMC)civil code violations.Therefore a code violation penalty, consistent with RMC 1-3-2.P is imposed, not including any costs,fees or assessments. You may respond in the following manner: deny creating, permitting to exist, maintaining or failing to eliminate the violation(s)and I am requesting a hearing to contest this I s inding of Violation.Appeal requests must be received by the Renton City Clerk's office within 15 days of the date of this Finding of iolation. Please send me a hearing date. I promise to appear on that date.The administrator must prove by a preponderance of the evidence that I committed the violation. I understand that under RMC 1-3-2.G that the administrator shall decide whether the opportunity to be heard will be only in writing or in person,or both.The city is not required to call witnesses to testify at the hearing. Pursuant to RMC 1-3-2.K,failure to attend the scheduled hearing makes the Finding of Violation final, and I may be subject to additional costs if I fail to withdraw or resolve my appeal prior to the hearing date. I also understand that the city has not waived any rights or remedies under the law. Appeals should be mailed to: City of Renton Attention: City Clerk 1055 S Grady Way Renton,WA 98057 0 I admit that I have created, permitted to exist, maintained or failed to eliminate the violation(s)and do not need or want any kind of hearing.As a result, I have enclosed a check or money order(do not send cash)in the amount of$ . 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 Findings 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: S A/ CC JU / . Street or P.O.Box: /V a ►il/ 7 - (e Z-7 /t City: State: Zip: -/de Telephone: Home: i 4 rk: Signature of Violator: Date: `u / y, Page 3 of 3