HomeMy WebLinkAboutITEM V-BCITY OF_
%J WASHINGTON
Memorandum
TO: Planning and Community Development Committee
FROM: Chris Andersen, Environmental Protection Manager
CC: Pete Lewis, Mayor
Kevin Snyder, Director- Planning and Development Department
Dan Heid, City Attorney
Elizabeth Chamberlain, Planning Manager
Jeff Tate, Development Services Manager
DATE: March 23, 2011
SUBJECT: Auburn Tree Removal Regulations and Penalties for Non-compliance
At the December 13, 2010, meeting of the Planning and Community Development Committee,
the Committee requested information regarding the penalties for unpermitted tree removal in the
City of Auburn. At the Committee's March 28, 2011 meeting, staff will provide an overview of
the City's current development and environmental regulations that address tree removal, and the
penalties in effect for non compliance with those regulations.
Please find attached the following information for your review in advance of the meeting:
• Summary matrix of City of Auburn regulations addressing tree removal and penalties for
non-compliance; and
Chapter 1.25 of the Auburn City Code that addresses enforcement procedures and civil
penalties for violations of the City Code.
Attachment 1
SUMMARY OF AUBURN CITY CODE PROVISIONS THAT REGULATE TREE REMOVAL
Prepared March 23, 2011
Summary of Auburn City Code Provisions that Regulate Tree Removal
Auburn City Code
Summary of Key Provision(s)
Penalty for Non-compliance
Chapter 1.25 ACC
• Noncriminal violations of the city code
See Attachment 2 for the complete
Civil Penalties for Violations
are considered infractions. Infractions
text of Chapter 1.25 ACC.
and carry a maximum penalty of
$250.00. Each day, location, violator
and incident constitutes a separate
civil infraction. (ACC 1.25.050)
• In addition to any other enforcement
actions available to the city, if a
violation on a parcel of property is not
corrected within the specified time
frame of the decision of the court
then no further permits or approvals
shall be issued by the city on the
subject parcel until all violations have
been corrected, or brought into
compliance with the decision of the
court (ACC 1.25.060).
• The city may utilize city employees or
a private contractor to perform
abatement required under the terms
of a court order. In such cases, the city
can bill its costs, to the person(s)
obligated to perform the work under a
notice of failure to correct a violation,
an order to cease activity or an order
of the court, which costs then become
due and payable 30 days after the
date of the bill (ACC 1.25.070).
Chapter 15.68 ACC
• No development shall be undertaken
Penalties and enforcement as
Flood Hazard Areas
without full compliance of this
provided in Chapter 1.25 ACC.
chapter and other applicable
regulations; where "development"
includes the removal of more than
five percent of the native vegetation
on the property within the regulatory
floodplain (ACC 15.68.060, 15.68.090).
Summary of Auburn City Code Provisions that Regulate Tree Removal
Auburn Citv Code
Chapter 15.74 ACC
Clearing and Grading
Summary of Key Provision(s)
Any owner or authorized agent who
intends to clear, fill, or grade any
property within the city, except those
specifically exempted in ACC
15.74.050, shall first make an
application to the city and obtain the
required permit for the work (ACC
15.74.040).
The following are exempt from the
requirements of this chapter:
A. Removal of dead or diseased
trees, shrubs, or ground cover.
B. Clearing and grading associated
with continuous agricultural uses.
C. Clearing and grading not to
exceed 6,999 square feet of area
within individual lots, for the
purpose of the construction of a
single-family home or duplex,
provided a building permit has been
issued by the city prior to
commencing the clearing and
grading activities and construction of
the structure starts within 90 days of
commencing clearing and grading
activities.
D. The removal of up to six trees
per lot within any 12-month period,
or for lots greater than one acre, up
to six trees per acre within any 12-
month period, with fractional acres
of one-half acre or more considered
to be a whole acre.
E. Removal of trees, shrubs, and
ground cover in emergency
situations involving immediate
danger to life or property.
F. Routine landscape maintenance
and minor repair.
G. Removal of a tree from property
zoned residential that endangers a
permanent structure by being closer
to the structure than the distance
from the base of the tree to its top,
regardless of whether the tree is
located on the same property as the
structure (ACC 15.74.050).
Penalty for Non-compliance
Enforcement of this chapter
pursuant to Chapter 1.25 ACC;
provided, that the penalty for
violation shall be $500.00, and each
day, location and/or incident shall
constitute a separate civil infraction.
Additionally, each violator (each
individual participating in a
violation) shall constitute separate
violations; provided, that if a
violation involves more than 30,000
cubic yards of grading or fill work or
more than 15 acres of land clearing,
it shall constitute a misdemeanor
punishable by up to a $1,000 fine or
up to 90 days in jail or both.
Any person who clears or disturbs
property without first securing a
Clearing /Grading permit may be
required to restore the site to the
satisfaction of the city engineer. In
addition all activity on the property
shall cease until such time that a
permit has been issued and there
shall be no issuance of any other
permit or approval until such time
that a land clearing or filling and
grading permit has been approved
(ACC 15.74.040).
Summary of Auburn City Code Provisions that Regulate Tree Removal
Auburn City Code
Chapter 16.08 Shoreline
Management and
Administrative Procedures
and
Auburn Shoreline Master
Program
Summary of Key Provision(s)
• No development shall be undertaken
within shoreline jurisdiction except in
compliance with the provisions of the
Auburn Shoreline Master Program
(Auburn SMP, Chapter 4).
• Clearing and grading within shoreline
jurisdiction is only allowed in
connection with a permitted shoreline
development (Auburn SMP, Section
4.6.5, Policy 1).
Penalty for Non-compliance
This chapter adopts state civil and
criminal penalties under WAC-173-
280, WAC-173-300, and RCW
90.58.220 for non-compliance with
this chapter, which include:
• Civil -A monetary penalty not
to exceed $1,000 for each
violation. Each day of violation
shall constitute a separate
violation.
• Criminal - Any person found to
have willfully engaged in
activities on the shorelines of
the state in violation of the
provisions of this chapter or the
shoreline master program,
rules, or regulations adopted
pursuant thereto shall be guilty
of a gross misdemeanor, and
shall be punished by a fine of
not less than $25 nor more than
$1,000 or by imprisonment in
the county jail for not more
than 90 days, or by both such
fine and imprisonment:
PROVIDED, That the fine for the
third and all subsequent
violations in any five-year
period shall be not less than
$500 nor more than $10,000.
In addition to the adopted state civil
and criminal penalties, the City may
also enforce this Chapter as
provided in Chapter 1.25 ACC.
3
Summary of Auburn City Code Provisions that Regulate Tree Removal
Auburn City Code
Summary of Key Provision(s)
Penalty for Non-compliance
Chapter 16.10 Critical Areas
• The provisions of this chapter apply to
Penalties and enforcement as
any activity that potentially affects a
provided in Chapter 1.25 ACC.
critical area or its buffer unless
otherwise exempt. Such regulated
activities include but are not limited
to: Removing, excavating, disturbing
or dredging organic matter or
materials of any kind; and destroying
or altering vegetation through
clearing, grading, harvesting, shading,
or planting vegetation that would
alter the character of or impact a
critical area (ACC 16.10.030).
• The following activities performed on
sites containing critical areas are
exempt from the provisions of this
chapter:
A. Existing and ongoing agricultural
activities;
B. Vegetation management
performed in accordance with best
management practices that is part of
ongoing maintenance of structures,
infrastructure, or utilities;;
C. Emergency activities necessary
to prevent an immediate threat to
public health, safety, property or the
environment.
Chapter 18.50 - Landscaping
• Zoning Code applies to public and
Penalties and enforcement as
privates "uses" of land, where use
provided in Chapter 1.25 ACC.
means any activity or purpose for
which land is designed, arranged,
intended, or for which it is occupied
or maintained, let or leased (ACC
18.02.040 and ACC 18.04.900).
• Defines "Significant trees" as healthy
evergreen tree, six inches or more in
diameter measured four feet above
grade; or a healthy deciduous tree
four inches or more in diameter
measured four feet above grade (ACC
18.50.030).
• All significant trees, as defined by ACC
18.50.030, shall be retained and made
part of the landscape plan (ACC
18.50.060).
Auburn Citv Code
Chapter 1.25
CIVIL PENALTIES FOR VIOLATIONS
Sections:
1.25.010
Purpose.
1.25.020
Definitions.
1,25.030
Notice to correct violation.
1.25.035
Stop work order.
1.25.040
Notice of infraction.
1.25.050
Penalties for infractions.
1.25.060
Uncorrected violations.
1.25.070
Abatement.
1.25.080
Interpretation.
1.25.090
Repecded..
1.25.100
Collection enforcement and/or abatement.
1 .25.110
Additional enforcement procedures.
1.25.120
Constitutionality or invalidity.
1.25.010 Purpose.
It is the purpose of this chapter to generally provide civil penalties for non-fire code violations of ACC
Titles 5, 8, 10, 12, 13, 15, 16, 17 and 18, all standards, regulations and procedures adopted pursuant to
those titles, and the terms and conditions of any permit or approval issued pursuant to those titles which
do not involve imminent danger to the public health, safety and welfare of persons or property, and such
other code provisions as are specified. Criminal penalties provided in this code for non-fire violation of
ACC Titles 5, 8, 10, 12, 13, 15, 16, 17 and 18, and all standards, regulations and procedures adopted
pursuant to those titles and the terms and conditions of any permit or approval issued pursuant to those
titles- whether contained in Chapter 1.24 ACC or in the individual titles are superseded to the extent
provided herein. It is the intent of this chapter to permit a timely and efficient means of enforcement, to
establish definitions, monetary penalties for violations and a hearing process before the municipal court
as assigned iir the ACC. (Ord. 5966 § 1, 2006; Ord. 5837 § 1, 2004; Ord. 5677 § 2, 2002; Ord. 5667 § 1,
2002; Ord. 5246 § 1 (Exh. B), 1999; Ord. 5212 § 1 (Exh. B), 1999; Ord. 4460 § 1, 1991.)
1,25.020 Definitions.
Except where specifically defined in this section, all words used in this chapter shall carry their
customary meanings. The word "shall" is always mandatory, and the word "may" denotes a use of
discretion in making a decision.
A. "Act" means doing or performing something,
B. "Code enforcement official" means the director or designee of the director of the department
authorized and/or empowered to enforce a violation of ACC Titles 5, 8, 12, 13, 15, 16, 17 and 18,
and Chapter 10.02 ACC, or such other provisions of the ACC that are enforceable pursuant to the
provisions of this chapter, and all standards, regulations and procedures adopted pursuant to
those titles and the terms and conditions of any permit or approval issued pursuant to those titles
of this code, and such of the code provisions specifying civil penalties not within the specific or
exclusive enforcement responsibility of another official.
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Auburn City Code
C. "Emergency" means a situation or civil violation which in the opinion of the code enforcement
official requires immediate action to prevent or eliminate all imminent threat to the public health,
safety or welfare of persons or property.
D. "Omission" means a failure to act.
E. "Person" includes any natural person, his heirs, executors, administrators or assigns, and also
includes a firm, partnership or corporation, its or their successors or assigns, or the agent of any
of the aforesaid.
F. "Stop work order" means the written order issued by the code enforcement official or other
authorized enforcement official, or his/her designee, to direct that work or activity shall be
stopped until such activity is authorized to resume by the code enforcement official or other
authorized enforcement official, or his/her designee.
G. "Violation" means an act of omission contrary to requirements contained in ACC Titles 5, 8, 12,
13, 15, 16, 17 and/or 18, and Chapter 10.02 ACC, or such other provisions of the ACC that are
enforceable pursuant to the provisions of this chapter, and/or all standards, regulations and
procedures adopted pursuant to those titles and the terms and/or conditions of any permit or
approval issued pursuant to those titles, and such other code provisions as are specified.
H. "Municipal court" means the "municipal court of the city of Auburn," as established pursuant to
Chapter 2.14 ACC, as the forum in which violations of the ACC shall be heard. (Ord. 5966 § 2,
2006; Ord. 5677 §'2, 2002; Ord. 5667 § 2, 2002; Ord. 5372 § 1, 2000; Ord. 5246 § I (Exh. B),
1999; Ord. 5212 § i (Exh. B), 1999; Ord. 4460 § 1, 1991.)
1.25.030 Notice to correct violation.
A. Authority to Issue.
1. Whenever the code enforcement official or other authorized enforcement official, or
his/her designee, determines that a violation is occurring or has Occurred, lie/she may
issue a notice to correct the violation, in a form pursuant to subsection C of this section,
to the property owner(s) and/or tenant(s) and/or to any person(s) causing or allowing or
participating in the violation.
2. If a notice to correct the violation has been issued, the code enforcement official shall
require the violation to be corrected within one to 15 working days from the issuance of
the notice to correct. The length of time to correct shall be determined, in the sole
discretion of the code enforcement official or other authorized enforcement official, or
his/her designee, by the scope of violation, the history of prior violations by the same
persons and/or at the same location and method needed to correct violation. All
violations, in any event, shall be corrected expediently.
B. Receipt of Correction Notice.
1. Upon receipt of notice to correct violation, the violator shall either correct the violation
or ask the code enforcement official for a reconsideration of the notice to correct within
the time frame set out ill subsection (13)(3) of this section.
2. If the violator corrects the violation, the code enforcement official shall close the
violation file and notify violator of compliance.
3. The property owner and/or tenant may request reconsideration of the notice to correct
violation by the code enforcement official. This request must be made in writing prior to
the date on which corrections are to be completed as specified in the notice. The code
enforcement official shall respond to the request for reconsideration, if timely received,
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Auburn City Code
no later than seven calendar days from the date the request for reconsideration was
received. The code enforcement official may amend the notice (i) to correct the notice,
(ii) for good cause to allow for a longer time to correct the violation, (iii) to amend the
scope of violation, or (iv) to rescind the notice. A stay of the time allowed for correction
shall be in effect from the date that a request for reconsideration was received, if timely
received, until the date a response to the request for reconsideration is sent.
4. If the violator corrects the violation pursuant to the reconsideration determination, the
code enforcement official shall close the violation file and notify the violator of
compliance.
C. Content. The notice to correct violation shall contain the following:
I . The name and address of the property owner and/or tenant and/or other person to whom
the notice to correct violation is directed; and
2. The street address or description sufficient for identification of the building, structure,
premises, or land upon or within which the violation has occurred or is occurring; and
3. A description of the violation and a reference to the Auburn City Code or related
provision, standard, regulation, procedure or permit which has been violated; and
4. A statement of the action required to be taken to correct the violation as determined by
the code enforcement official and a date or time by which correction is to be completed;
and
5. A statement that the property owner and/or tenant may request a reconsideration of the
notice to correct violation by the code enforcement official and the procedures required
for such request; and
6. A statement that the consequences of failing to correct the violation may result in
monetary penalties and/or other enforcement requirements; and
A statement that the person to whom the notice to correct violation is directed shall
inform the code enforcement official of the correction so an inspector can be sent to the
violation premises to confirm the correction.
D. Service of Notice. The code enforcement official shall cause the notice to correct violation to be
served on the person(s) to whom it is directed by personal service or by mailing a copy of the
notice to correct violation by certified mail, postage prepaid, return receipt requested, to such
person(s) at his/her last known address, and by posting a copy of the notice to correct violation
conspicuously on the affected property or structure,
E. Extension. Upon written request received prior to the correction date or time, the code
enforcement official may extend the date set for correction for good cause. The code
enforcement official may consider but is not limited to the consideration of substantial
completion of the necessary correction or unforeseeable circumstances which render completion
impossible by the date established as good cause.
F. Repeat Violations. Notwithstanding the above provisions, in the case of a repeat violation, the
code enforcement official or other authorized enforcement official, or his/her designee, may issue
a notice of infraction regardless of whether a notice to correct violation has been issued. For the
purposes hereof, "repeat violation" means that the same person or property has been the subject
of one or more notice to correct violation within the preceding 12 months. (Ord. 5966 § 3, 2006;
Ord. 5677 § 2, 2002; Ord. 5246 § 1 (Exh. B), 1999; Ord. 5212 § 1 (Exh. B), 1999; Ord. 4460 § 1,
1991.)
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1.25.035 Stop work order.
Whenever any work is being done or any activity is occurring which constitutes a "violation" under ACC
1.25.020(G), the code enforcement official may order the work or activity stopped by notice in writing
served on any persons engaged in the doing or causing of such work to be done or such activity to occur,
and any such persons shall forthwith stop such work and/or prevent such activity until authorized by the
code enforcement official or designee to proceed with the work or recommence the activity. Tire issuance
of a stop work order is not a prerequisite for tine issuance of a notice of infraction or a citation for a
violation. However, it shall be a misdemeanor punishable as provided in ACC 1.24.010 for a person to
willfully engage in the doing or causing of such work to be done after the issuance of a stop work order,
until authorized by the code enforcement official or designee to proceed with the work or recommence
the activity. (Ord. 5966 § 6, 2006.)
1.25.040 Notice of infraction.
A. Authority to Issue. Whenever the code enforcement official determines that a violation has not
been corrected pursuant to ACC 1.25,030, he/she shall be authorized to issue a notice of
infraction, on an appropriate form for filing with the municipal court, to the property owner(s)
and/or tenant(s) and/or to any person(s) causing or allowing or participating in the violation.
B. Infraction Process. Once the notice of infraction has been filed with the municipal court, it shall
be sent in the normal course to the property owner(s), tenant(s) and/or to other person(s) causing
or allowing or participating in the violation, and thereafter processed for court proceedings in
accordance with applicable rules and procedures. (Ord. 5677 § 2, 2002; Ord. 5246 § 1 (Exh. B),
1999; Ord. 5212 § 1 (Exh. B), 1999; Ord. 4460 § 1, 1991.)
1.25.050 Penalties for infractions.
Unless otherwise specifically provided in connection with particular sections, chapters or titles of the city
code, noncriminal violations of the city code shall be infractions and shall carry a maximum penalty of
$250.00. Each day, location, violator and incident shall constitute a separate civil infraction.
It is provided, however, that if the same violator has been found, in any court of competent jurisdiction,
to have previously committed an infraction violation for the same or similar conduct three or more
separate times, with the.infraction violations occurring at the same location and involving the same or
similar sections of ACC Titles 5, 6, 8, 10, 12, 13, 15, 16, 17 or 18, or other similar code(s), any further
violations shall constitute misdemeanofs, punishable as provided in ACC 1.24.010. For the purposes
hereof, it shall be prima facie evidence that the same violator has previously been found to have
committed any infraction if a certified copy of the judgment, docket or other court document showing
that such violation was found committed is filed with the court. (Ofd. 5837 § 2, 2004; Ofd. 5677 § 2,
2002.)
1.25.060 Uncorrected violations.
In addition to any other enforecnrent actions available to the city, if a violation on a parcel of property is
not corrected within the specified time frarne of the decision of the court then no further permits or
approvals shall be issued by the city on the subject parcel until all violations have been corrected, or
brought into compliance with the decision of the court. (Ord. 5966 § 4, 2006; Ord. 5837 § 3, 2004; Ord.
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5677 § 2, 2002.)
1.25.070 Abatement.
A. Abatement by City. Tire city may perform the abatement required upon noncompliance with the
terms of an order of the court.
I. The city may utilize city employees or a private contractor under city direction to
accomplish the abatement. The city, its employees and agents using lawful means are
expressly authorized to enter upon the property of the violator for such purposes.
2. The city shall bill its costs, including incidental expenses, of abating the violation to the
person(s) obligated to perform the work under the notice of failure to correct a violation,
an order to cease activity or an order of the court, which costs shall become due and
payable 30 days after the date of the bill. The term "incidental expenses" shall include,
but not be limited to, personnel costs, both direct and indirect, including attorney's fees
incurred by the city; costs incurred in documenting the violation; the actual expenses and
costs to the city in the preparation of notices, specifications and contracts, and in
inspecting the work; and the cost of any required printing and marling.
B. Obstruction With Work Prohibited. No person shall obstruct, impede or interfere with the city, its
employees or agents, or any person who owns, or holds any interest or estate in any property in
the performance of any necessary act, preliminary or incidental to carrying out the requirements
of this section. A violation of this provision shall constitute a misdemeanor, and shall be
punishable as provided by ACC 1.24.010.
C. Report to City Council and Hearing on Cost of Abatement. In the event the person(s) responsible
fails to pay within the 30-day period set forth in subsection (A)(2) of this section, the
enforcement official shall prepare a written itemized report to the city council showing the cost
of abatement, including rehabilitation, demolition, restoration or repair of such property,
including such salvage value relating thereto plus the amount of any outstanding penalties.
1. A copy of the report and a notice of the time and date when the report shall be heard by
the city council shall be served on the person responsible for payment at least five days
prior to the hearing before the city council.
2. The city council shall review the report and such other information on the matter as it
receives and deems relevant at the hearing. The city council shall confirm or revise the
amounts in the report, authorize collection of that amount or, in the case of a debt owed
by a property owner, authorize placement of an assessment lien on the property as
provided herein.
D. Assessment Lien. Following the hearing and authorization by the city council, the city clerk shall
certify to the county treasurer the confirmed amount. The county treasurer shall enter the amount
of such assessment upon the tax rolls against the property for the current year and the same shall
become a part of the general taxes for that year to be collected at the same time and with interest
at such rates as provided in RCW 84.56.020, as now or hereafter amended, for delinquent taxes,
and when collected to be deposited to the credit of the general fiord or other appropriate fund of
the city. The lien shall be of equal rank with the state, county and municipal taxes.
E. The validity of any assessment made under the provisions of this chapter shall not be contested in
any action or proceeding unless the same is commenced within 15 calendar days after the
assessment is placed upon the assessment roll. (Ord. 5966 § 5, 2006; Orel. 5677 § 2, 2002.)
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Auburn City Code
1.25.080 Interpretation.
The provisions of this chapter shall be held to be minimum requirements in their interpretation and
application and shall be liberally construed to serve the purposes of this chapter. (Ord, 5677 § 2, 2002;
Ord. 5246 § 1 (Exh. B), 1999; Ord. 5212 § I (Exh. B), 1999; Ord. 4460 § 1, 1991. Formerly 1.25.090.)
1.25.090 Hearing examiner.
Repealed by Ord. 5966. (Ord. 5677 § 2, 2002; Ord. 5246 § I (Exh. B), 1999; Ord. 5212 § I (Exh. B),
1999; Ord. 4460 § 1, 1991. Formerly 1.25.100.)
1.25.100 Collection enforcement and/or abatement.
In the event of failure to comply with any notice and/or stop work order, the city, at its option, may
enforce collection through the civil execution process as provided in this chapter or by any method
provided by law and/or ordinance and/or may abate the use of the property which is the subject of the
violation through the abatement process as provided by law or ordinance. (Ord. 5677 § 2, 2002; Ord.
5246 § I (Exh. B), 1999; Ord. 5212 § I (Exh. B), 1999; Ord. 4460 § 1, 1991. Formerly 1.25.120.)
1.25.110 Additional enforcement procedures.
The provisions of this chapter are additional to other enforcement provisions authorized by state law
and/or city ordinance and are additional to any other remedy available to the city for damages, redress or
relief, whether in equity or law, including but not limited to actions for injunctive relief and/or
abatement, to ensure and/or protect the public health, safety and Nvclfarc. (Ord. 5677 § 2, 2002; Ord, 5246
§ 1 (Exh, B), 1999; Ord. 5212 § 1 (Exh. B), 1999; Ord. 4460 § 1, 1991. Formerly 1.25.130,)
1,25.120 Constitutionality or invalidity.
If any section, clause or phrase of this chapter is for any reason held to be invalid or unconstitutional,
such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining
portions of the sections, subsections, clauses or phrases. It is hereby expressly declared that each section,
subsection, sentence, clause and phrase hereof would have been prepared, proposed, adopted and
approved and ratified irrespective of the fact that any one or more sections, subsections, sentences,
clauses or phrases be declared invalid or unconstitutional..(Ord, 5677 § 2, 2002; Ord. 5246 § I (Exh. B),
1999; Ord. 5212 § 1 (Exh. B), 1999; Ord. 4460 § 1, 1991. Formerly 1.25.140.)
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