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HomeMy WebLinkAboutCitys file - Sunset Shell Appeal FileCITY OF RENTON DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT REPORT TO THE HEARING EXAMINER, EXHIBITS Project Name: Code Case Number: Code Compliance Hearing 24-000598 Date of Hearing Staff Contact Violator Violation Location TBD Eric Petzold Yadav & Gill LLC 2800 NE Sunset Blvd 425-430-7277 Exhibit 1 Narrative CITY OF LET Y O.c entonPFN70t� RENTON CODE COMPLIANCE CODE24-000598 NARRATIVE September 121h, 2024 Address: 2800 NE Sunset Blvd Renton, WA 98058 Violator: Yadav & Gill LLC 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 a routine vegetation management permit or land development permit has been granted August 16th, 2024: the Inspecting Arborist observed 3 (three) freshly topped city street trees in the right-of-way in front of the Shell food mart (2800 NE Sunset Blvd). One tree was already observed to be dead and the other two were in good condition. Tree asset IDs are TRE-38836,TRE-38838, TRE-38839.: Topping city owned trees is a violation of RMC 9-13-6. These are City trees clearly in the right-of-way and listed in the tree inventory database. The per incident fines should be $750 per tree ($2250 in total). The gas station owners should also remove the dead tree and replace it with the same species of tree, at their expense. August 215L, 2024: 1 sent a Notice of Violation Order to Correct for $2250.00. The recommended fine from the inspecting Arborist. September 3", 2024: 1 received the notice for appeal. I certify under penalty of perjury under the laws of the state of Washington that the foregoing is true and correct. Eric Petzold Code Compliance Inspector signed on in Renton, Washington 2 • CITY OF RENTON DEPARTMENT OF COMMUNITY AND .� ECONOMIC DEVELOPMENT REPORTTO THE HEARING EXAMINER, EXHIBITS Project Name: Code Case Number: Code Compliance Hearing 24-000598 Date of Hearing Staff Contact Violator Violation Location TBD Eric Petzold Yadav & Gill LLC 2800 NE Sunset Blvd 425-430-7277 Exhibit OQ Notice of Violation Order to Correct Urban Forestry Report CITY OF OA entonPFN702 Notice of Violation • and Order to Correct Armondo Pavone Mayor Community & Economic Development Gina Estep, Administrator Issued To: Date: 8/21 /2024 Yadav & Gill LLC Code Case No: CODE24-000598 2800 NE Sunset Blvd Owner (Tax -Payer): Yadav & Gill LLC Renton, WA 98056 Violation Address: 2800 NE Sunset Blvd Renton, WA 98056-3106 An inspection of the above premises on 08/21/2024 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 9/5/2024. 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 VIOLATION 1: RMC 4-4-130.D Tree Retention Reported Date Issued Date Latest Investigation Date 8/21 /24 8/21 /24 8/21 /24 Violation Note: On Friday August 16th, 2024, the Inspecting Arborist observed 3 (three) freshly topped city street trees in the right-of-way in front of the Shell food mart (2800 NE Sunset Blvd) One tree was already observed to be dead and the other two were in good condition 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: Topping city owned trees is a violation of RMC 9-13-6. These are City trees clearly in the right-of-way and listed in the tree inventory database. The per incident fines are $750 per tree ($2250 in total). The gas station owners must also remove the dead tree and replace it with the same species of tree. at their expense. Fees: Description Amount CODE - First Violation Fee $2,250.00 Violation 1 Subtotal: $2,250.00 Page 2 of 4 Payment of $2,250.00 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: ( � 1�-rgz Date: 08-21-24 Issued By:Eric Petzold Code Compliance Inspector 425-430-7277 epetzold@rentonwa.gov Page 3 of 4 Code Case No: CODE24-000598 Date: 8/21/2024 Violation Address: Total Amount Due: $2,250.00 2800 NE Sunset Blvd 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 $ . 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 2800 NE Sunset Blvd Tree Topping Report C2La. is :H {]er.fi.Caf l:wnx• 7227801201 �— n:R.k< 722780120100 YADAV 3 GILL LLC N/A <: 28M NE SUNSET BL VD RENTOV YJA -uparr Cv:•�: i�p Cs'e 98056 l, 2100 T Br! t 2024 • . co�an..-o::ap, N NIA 348700 921100 343700 921100 C cry M.r.< SHELL FOOD MART Vat ;`irt.<.e RENTON HIGHLANDS NO 02 CC, ..1,..1 q:�_ap-Ceµ,-T Figure 1: COR maps view of 2800 NE Sunset Blvd with the topped city trees circled with a blue dot. On Friday August 161h, 2024, the Inspecting Arborist observed 3 (three) freshly topped city street trees in the right-of-way in front of the Shell food mart (2800 NE Sunset Blvd). One tree was already observed to be dead and the other two were in good condition. Asset ID Diameter @ breast height (DBH) inches Species 1 THE-38836 2 Tupelo 2 THE-38838 2 Persian ironwood 3 THE-38839 2 Persian ironwood Topping city owned trees is a violation of RMC 9-13-6. These are City trees clearly in the right-of-way and listed in the tree inventory database. The per incident fines should be $750 per tree ($2250 in total). The gas station owners should also remove the dead tree and replace it with the same species of tree, at their expense. t .G.-T'•j +,+ aryl'. � r • �'�.T�� '�! � '.�•. S• . + i'S,T�� • •� T L - � ^�• ' i �,a's���1-�*`�•ro;y a `•a, •', t�� �1� ! �•i:t � .. t ..�Rf ai;�`'t..• t_L�..• 10•s' ��?r ` `rat \ _; �., ,`3=,"n• _ '� .!'LIaoBSy 1 CRENTONDI A f 4. -Fs 4 �RENTON DELI vs Y 4w o�i may, • • 7�M' • � i ; , �. • t •� TR F � ••��s to L. 4--A. AA. III I ♦ \L _ • is IL i � i F � • .t .REN) vie 1 y ♦` R _ r ' Y 't > C !!V i ,, _ ._ _. rvi����y .,'••'�-.era. I f4�_Z�A�� ' 0 • CITY OF RENTON p + DEPARTMENT OF COMMUNITY AND •O ECONOMIC DEVELOPMENT REPORTTO THE HEARING EXAMINER, EXHIBITS Project Name: Code Case Number: Code Compliance Hearing 24-000598 Date of Hearing Staff Contact Violator Violation Location TBD Eric Petzold Yadav & Gill LLC 2800 NE Sunset Blvd 425-430-7277 Exhibit 3 Appeals Notice C, Y OA ♦ 4 �FNT02 CITY OF RENTON Code Case No: CODE24-000598 Date: 8/21/2024 Violation Address: SEP — 3 2024 Total Amount Due: $2,250.00 2800 NE Sunset Blvd RECEIVED CITY CLERK'S OFFIC 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 fOI deny creating permitting to exist, maintaining or fading 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 fad 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 faded 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 P/G , ,91�� i-/- Street or P.O Box -P96 0 / /G-- City �ENTvN State 11,)4 Zip f �� �� 3- 79ol Work Telephone: �- Email UN�'�rS'H��L (a Signature of Violator -� Date q -? Page 4of4 TotalArnount Due: $2,250.00 Payment of $2,250.00 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: Pea Date 08-21-24 Issued By:Eric Petzold Code Compliance Inspector 425A30-7277 epetzold@rentonwa gov Page 3 of 4 W ong"CO60" ►e W W Z p F L u Q O _ Q LL Z F+M+ Nul C1yy Wcc LU I O LLJ � U U N LiJ N t\ '� a N Q Q ,o U Kj� n �� v c, tD M