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Home My WebLink About06-07-24_24-000316_AppealRENTON CODE COMPLIANCE NARRATIVE Address: 12364 SE 15811 St Renton, WA 98058 Violator: Millard K Fisher CODE24-000316 June-P12024 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. May 20, 2024 The Inspecting Arborist Gabriella Golzarian received a request from the Urban Forester complaint line to inspect a property that was suspected of removing trees without a permit. Gabriella observed a pile of tree debris in the backyard of the property located at, 12364 SE 1581h St. Gabriella observed the tree debris from the right of way on 124th Ave SE. Gabriella walked around the back of the property, using the City of Seattle water easement right of Way (ROW) to take photos. She then observed trees that were removed and noted in the table below. (See attached original report —Exhibit #1) May 29, 2024 I, Eric Petzold, an Code Inspector with the City of Renton, sent a Notice of Violation Order to Correct and or Fine for the amount of $2000.00 Per Gabriella's report. (See attached notice to correct- Exhibit #2) June 5, 2024 The notice of appeal from Mallard Fisher, was received on 6/5/2025. (See attached Appeal —Exhibit #3) • CITY OF RENTON • DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT REPORT TO THE HEARING EXAMINER, EXHIBITS Project Name: Code Case Number: Code Compliance Criminal Case CODE24-000316 Date of Hearing Staff Contact Violator Violation Location TBD Eric Petzold Mallard K Fisher 12364 SE 15811 St 425-430-7277 Renton WA 98058 Exhibit 1 Case Narrative June 6th, 2023 CITY OF t A#% wwwww�Ren on w 12364 SE 15811 St Tree Removal Violation r—A r6HEA EAEEARDK 6 D r ' r.nrro: raEczw A p u.c smp r.�a,rK.uwrxa + gW.r �:aano r..i.,r. ws:.wv a.sra: • f6tIGu.Cm Caa tutsaww ta3:5[dFd09 f:SHE4 NY:APl. K N(A ':364 SE 1S3tH ST urv;;av Yfl Lyra. bsv: m. sense �.t.. 1a VS 4r � >nr ttSy01 .:Y: Figure 1: Overview of the trees removed/topped highlighted in blue with each tree marked with a blue dot. Discussion: On Monday May 20th, 2024 the Inspecting Arborist received a request from the Urban Forester to inspect a property that was suspected of removing trees without a permit. The Inspecting Arborist could observe stacked tree debris in the backyard of 12364 SE 158th St from 124th Ave SE (see Figure 2). The Inspecting Arborist walked around the back of the property using the City of Seattle water easement ROW to take pictures of the trees that were removed and noted in the table below: Tree # Estimated Diameter at breast height Notes 1 23 inches Scots pine (Pinus sylvestris), 2 stems 2 16 inches Unknown deciduous tree, 3 stems 3 20 inches Unknown deciduous tree, 3 stems *Note: The Inspecting Arborist did not enter the property, therefore the measurements are an expert estimation. Code compliance verified that there were no permits submitted for this address. Recommendation: $2000 dollar fine for largest tree removed (likely landmark size) for lack of permit, exceeding the permitted number of trees removed annually and not retaining the minimum density of trees on the parcel. III wilt,- . � v' i� ,,a • a7R. ya pia- ,i'�,t {fir..• KK. 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Cl 00 cc 45 AE,t, I WX • CITY OF RENTON DEPARTMENT OF COMMUNITY AND ''. ECONOMIC DEVELOPMENT REPORT TO THE HEARING EXAMINER, EXHIBITS Project Name: Code Case Number: Code Compliance Criminal Case CODE24-000316 Date of Hearing Staff Contact Violator Violation Location TBO Eric Petzold Mallard K Fisher 12364 SE 158th St 425-430-7277 Renton WA 98058 Exhibit z Case Narrative June 6th, 2023 CITY OF ento?�,YTOc Notice of Violation and Order to Correct Armondo Pavone Mayor Community & Economic Development Brianne Bannwarth, Interim Administrator Issued To: Date: 5/29/2024 Code Case No: CODE24-000316 Millard Fisher Owner (Tax -Payer): Millard Fisher 12364 SE 158th St Violation Address: Renton, WA 98058-4729 12364 SE 158th St Renton, WA 98058-4729 An inspection of the above premises on 05/29/2024 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 6/13/2024. 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 -1 0-7.A.2]. Page 1 of 4 VIOLATION 1: RMC 4-4-130.D Tree Retention Reported Date Issued Date Latest Investigation Date 5/29/24 5/29/24 5/29/24 Violation Note: $2000 dollar fine for largest tree removed for lack of permit. exceeding the permitted number of trees removed annually and not retaining the minimum density of trees on the parcel. 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. Corrective Action: On Monday May 20th, 2024 the Inspecting Arborist received a request from the Urban Forester to inspect a property that was suspected of removing trees without a permit. The Inspecting Arborist could observe stacked tree debris in the backyard of 12364 SE 158th St from 124th Ave SE Fees: Description Amount CODE - First Violation - Trees Removed $2,000.00 Violation 1 Subtotal: $2,000.00 Total Amount Due: $2,000.00 Page 2 of 4 Payment of $2,000.00 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: � /�¢ e� Date: 05-29-24 Issued By:Eric Petzold Code Compliance Inspector 425430-7277 epetzold@rentonwa.gov Page 3 of 4 Code Case No: CODE24-000316 Date: 5/29/2024 Violation Address: Total Amount Due: $2,000 00 12364 SE 158th St 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: Telephone Home _ Email: Signature of Violator State: Zip: Work: Date Page 4 of 4 • CITY OF RENTON + DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT REPORT TO THE HEARING EXAMINER, EXHIBITS Project Name: Code Case Number: Code Compliance Criminal Case CODE24-000316 Date of Hearing Staff Contact Violator Violation Location TBD Eric Petzold Mallard K Fisher 12364 SE 158"' St 425-430-7277 Renton WA 98058 Exhibit Case Narrative June 6th, 2023 entoCITYn FILED Code Case No: CODE24-000316 Violation Address: 12364 SE 158th St RENTON "ICPk COURT NOTICE OF RENTON MUNICIPAL CODE VIOLATION Date: 529/2024 Total Amount Due: $2,000 00 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�j 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 h 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 violations) 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 CITY k RENTON 1055 S Grady Way Renton, WA 98057 JUN 05 2024 Complete information below (PLEASE PRINT RECEIVED Name M,'.lLa1Z _�;s i+6+<' _ CITY CLERK'S OFFICE Street or P O Box b y ✓- �� . City State J�% Zip Telephone Home y2i''a--n"% -7 t0INork Email Signature of Violator ate Page 4 of 4