HomeMy WebLinkAbout05-07-24_24-261_Letter_NOV1 - Attachment to 11-07-24 City EmailNotice 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].
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VIOLATION 1: RMC 4-4-130.D Tree Retention
Latest Investigation DateReported Date Issued Date
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:
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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
$48,250.00 CODE - 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:
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05-07-24
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: 5/6/2024 Code Case No: 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
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