02.15.19 Ltr to Metcalf re TreesBrent F. Dille
Bryce H. Dille
®ENNM Brent F. Dille
-- — — -- -- brent@dillelaw.com
DILLS LAW
------ PLLC ---^^-----
www.DilleLaw.com
February 15, 2019
Metcalf Michael
William and Wendy Roush
Dennis and Gayle Lipke
P.O. Box 881310
Steilacoom, WA, 98388
RF: Tree Topping at 509 Yelm Ave E
Dear Mr. Metcalf, Mr. and Mrs. Roush, and Mr. and Mrs. Lipke
Please be advised that I am the attorney for the City of Yelm and I am in receipt of the Notice of
Violation given to you pursuant to section YMC 18.57.020 concerning the damage caused by the
severe topping of 11 trees without applying for a Street tree permit. (A copy of the aforementioned
noticed is enclosed herein).
The City demands payment $2,750.00, for the damage to the trees and shall impose additional
penalties of $250.00 per day if you fail to remit the aforementioned sum to the City on or before 5
PM February 28, 2019.
If you have any questions as to your legal responsibilities, I suggest you contact your attorney
immediately.
Thank you in advance for your compliance and trust there will be no further need to communicate
with regard to this matter. I remain...
Very truly yours,
Brent F. Dille
Attorney at Law
BFD:keas
Enclosures
cc: Chris Vaccaro, City of Yelm
2010 CAToN WAY SW I Su1TE 101 • Olympia I WA 98502 •Office: (360) 350-0270
PERSONALATTENT/ON, PROVENREsuLTS
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
1. 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.
2. 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.
3. 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.
4. 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
A. The above described real property is within the City of Yelm.
B. The above described development is in violation of the Yelm Municipal Code.
C. The owner or controller of the property failed to comply with the necessary
requirements of YMC in regards to care of street trees.
(360) 458-3835
(360) 458-3144 FAX
www.ci.yelm.w¢.us
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
SPM. 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
December 17, 2018 Page 2 of 2