Summation of Events Napa Auto PartsNapa Auto Parts
509A Yelm Ave E
Yelm, WA 98597
On November 15, 2018 the City of Yelm took note that eleven of the street trees that surround the outer perimeter on Napa Auto Parts/Walt’s Tires were severely overtopped.
“Topping” is defined as the severe cutting back of limbs to stubs larger than three inches in diameter within the tree’s crown to such a degree so as to remove the normal canopy and
disfigure the tree.
The City of Yelm Building Official, (Chris Vaccaro) performed a site visit on November 15, 2018 to both stores in hopes of finding out who was responsible for this violation of our Yelm
Municipal Code. I was then given the name and contact number of Mike Metcalf one of the owners of Napa Auto Parts.
I called Mike Metcalf as a courtesy in the hopes that we could resolve this matter without having to resort to Code Enforcement. He informed me he caused the work to be performed and
considered it his idea of trimming the trees. My attempt to quickly resolve the situation was met with opposition and a clear response that he would not comply. I let him know we would
send him a Notice of Violation that would trigger the beginning of the Code Enforcement process.
The first letter, (Notice of Violation) was sent on November 19, 2018 and was met with no response.
A second follow up letter was sent on December 3, 2018 and was unfortunately met with no response.
On December 17, 2018 a letter issuing a fine of $2750.00 was issued for the illegally cutting of eleven street trees on the property.
It was at his point that Mike Metcalf called me to inform me that he intended to have an arborist declare that the trees were not damaged to the point, that they would not grow back
if given time to do so. I informed him that this has not been our experience in similar cases of tree topping and the trees would have to be replaced. I also conferred with the City
of Yelm arborist Kevin McFarland and he assured me that the eleven trees in question would need to be replaced and would not ever grow back properly.
One of the other partner owners of the property named James reached out to Mayor JW Foster on December 27, 2018 and asked if we would be willing to waive the fines to offset the cost
of replacing the trees. We were more than willing to do so, so long as the trees were replaced in a very timely manner. I called Mike Metcalf and conveyed the same to him on December
28, 2018.
I have had several phone conversations with Mike Metcalf and informed him that our goal is not to punish him, but to have the street trees replaced quickly and correctly.
I have since printed the necessary references from the Yelm Municipal Code regarding replanting street trees, and what is required to do so properly. This information was saved to a
flash drive and given to Mike Metcalf.
Another communication with Mayor JW Foster by James on January 8, 2019 requested we give them a couple of months to see if the trees grow back healthy. I called Mike Metcalf and informed
him that was not an option and the trees would have to be replaced and replaced quickly. He was adamant that he wanted to wait a few months to see if the trees would grow back to acceptability.
This phone conversation had to end when he told me I would be hearing from his attorney.
At this point, it is clear that Mike Metcalf has no intention of replacing the street trees and this dissolves our agreement to waive the fines. The fines were issued via an action letter
from Yelm City Attorney Brent Dille.
I then handed the case off to our City Attorney Brent Dille.
On February 27, 2019 William Roush came to the front counter of Yelm City Hall. He paid his $2750.00 fine to avoid violating the February 28, 2019 deadline set. He expressed his frustration
with the fines being imposed, and said he desired to pursue the appeal process.
William Roush as well as Mike Metcalf inquired about appealing the fines so I printed up the information regarding how to apply for an Appeal before the Hearing Examiner and the cost
associated with the process. This information was distributed to William Roush the day he paid his fine.
The City of Yelm feels it has been more than accommodating to Mike Metcalf and the other owners of Napa Auto Parts and has tried to offer very reasonable compromises to resolve this
violation. It has been three months since these trees were severely, and illegally topped and no improvements have been made on the property.