509A Yelm Ave E Tree Topping Fines
City of Yelm
105 Yelm Avenue West
Yelm, WA 98597
(360) 458-3835
December 17, 2018
Michael Metcalf
PO Box 4805
Spanaway, WA 98387-4053
RE: Tree Topping at 509 Yelm Ave E
NOTICE IS HEREBY GIVEN pursuant to Section YMC 18.57.020 that eleven trees on the property were damaged from severe overtopping. Two Notice of Violation letters were sent prior (on November
15, 2018 and December 4, 2018) and the city has not received a response to either. The City of Yelm is now imposing a fine of $250.00 per tree damaged resulting in a fine due of $2750.00.
ALLEGATIONS OF FACT
Michael Metcalf owns or controls the business within the City of Yelm, WA identified by parcel number 22719342901located at 509 Yelm Ave E in Yelm, WA. On the week of November 5, 2018,
the business located on the subject property severely topped eleven street trees without applying for a street tree permit.
Section 18.57.020 A. Yelm Municipal Code- Tree Removal States, Approval from the community development department shall be obtained prior to any planting, removal, topping and/or major
pruning of public trees.
Section 18.57.020 B. The location of any street trees to be planted or removed shall be identified and mapped to keep the street tree inventory current.
As of the date of this notice of civil penalties, no removal or replanting plan has been submitted and approved by the Community Development Department as required by YMC.
ALLEGATIONS OF LAW
The above described real property is within the City of Yelm.
The above described development is in violation of the Yelm Municipal Code.
The owner or controller of the property failed to comply with the necessary requirements of YMC in regards to care of street trees.
IT IS ORDERED THAT Michael Metcalf or the owner of the property shall remit $2750.00 to the City of Yelm Community Development Department as a civil penalty for violation of the Yelm
Municipal Code. The penalty herein described is due and payable by you within thirty (30) days of your receipt of this notice. The penalty fee should be remitted to:
Community Development Department
City of Yelm, Washington
Yelm, WA 98597
Additionally, a replanting plan must be submitted to the City of Yelm by January 4, 2019 by 5PM. Failure to comply with the terms of this notice of violation may result in further actions
by the City of Yelm, including, but not limited to the additional civil penalties of up to $250.00 per day, per violation, every day after January 17, 2019 deadline through a court
of competent jurisdiction.
If for any reason you believe that the violation did not occur or you have an explanation as to why it occurred, or any other fact which you believe the City of Yelm should consider
with regard to this penalty and you desire to submit an appeal of the notice of civil penalty or a request for relief from penalty, set forth these facts and return the application
for relief to the city within thirty (30) days. Your statement must be signed under oath before a notary public or any other person authorized to take oaths.
Signed in Yelm, Washington this 17th Day of December 2018.
_________________________________________________
Chris Vaccaro, Building Official
City of Yelm
_________________________________________________
Grant Beck, Director
Community Development Department
Cc: Brent Dille, City of Yelm Attorney
Yelm Tree Advisory Board Members
JOTA INC, Property Owner