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Home My WebLink About10-29-2024 - James Colt - Mt Olivet Cemetery Co Appeal 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 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 Corrective Action: On Wednesday April 24th, 2024, the Inspecting Arborist received a phone call from -- EngineeringSpecialist 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 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 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 Iv 1pr Nir rir f ' ' , 1 FIRST-CLt R, 'tt it �+;- FIRST-CLASS MAIL 16 r�.r ,._1•-ii{P IMI S r� i�} $001 .77 u r� 25/2 ,`� 'f:, r+- 1, tit, 10/043M31024 ZI235321P 98101 0P Ssb,� F I RST C LASS MAlI .o§, 1 LASHER illi HOLZAPEEL S P E R R Y & PLLC SS EBBERSON 6) V ATTORNEYS AT LAW 601 UNION STREET, SUITE 2600 SEATTLE WA 98 1 01-400 0 t Pe • CtT`( C FtENTON OCT 29 2024 Ct 0-c KesnA-Orl RECEIVED (� CITY CLERKS OFFICE -P.v*cen :$)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 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