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June 24, 2014
Gregory and Rosemarie Hart
916 Crystal Springs Road
Yelm, WA 98597
Re: Notice of Violation, Parcel No. 22719210305
Dear Mr. and Mrs. Hart:
Brent F. Dille
bdille @bgwp.net
Licensed in Washington
Reply to Olympia office
Please be advised that I represent the City of Yelm and have been provided a copy of the notice
to you dated Mayl5, 2014, wherein Gary Carlson, the building official, City of Yelm, notified
you of the need to remove your encroaching trees and shrubbery from the city right of way.
After no response to that notice, Mr. Carlson issued a Notice of Violation on June 4, 2014.
Because you failed to timely respond to the June 4 notice, you are now liable for damages of
$250 per day.
The City would prefer not to impose penalties which could result in forfeiture of your property
but would rather see the encroachments removed. To this end, I have been authorized to give
you until July 7, 2014, to remove the encroachments. Should the encroaching trees and
shrubbery not be removed by this date, I will move forward with proceedings to enforce such
removal and pursue the $250 per day penalty.
Should you have any questions, please do not hesitate to contact me. I remain ...
Very truly yours,
BEAN, GEN RY, HEELER & PETERiNELL, PLLC
Brent F. Dille
Attorney at Law
BFD:sas
Enclosures: City of Yelm letter /notice dated May 15, 2014
City of Yelm letter /notice dated June 4, 2014
cc: Gary Carlson
910 Lakeridge Way SW 2211 Elliott Avenue, Suite 200 56885 Enterprise Drive, Suite 101 -D
Olympia, Washington 98502 Seattle, Washington 98121 Sunriver, Oregon 97707
Tel 360.357.2852 Tel 206.455.2887 Tel 541.593.0322
R r-TTVED
JUN 2 7 2014
BY:
bpvp.net
May 15, 2014
Gregory and Rosemarie Hart
916 Crystal Springs Rd.
Yelm, WA 98597
Re; Encroachment into City Right of Way on Crystal Springs Road
Mr. & Mrs. Hart
The encroachment of trees and shrubbery into the City of Yelm right of way from your property located at
916 Crystal Springs Rd. NvV creates a hazardous traffic condition.
Motorist have complained about the restricted vision created by the vegetation within the site triangle at
the intersection of Crystal Springs Road and Mountain Aire Lane NW. The City of Yelm's Development
Guidelines state:
Sight distance at intersections and road approaches shall be in conformance with the WSDOT
Design Manual and the AASHTO Green Book. Within the sight triangle, cut slopes, hedges,
fences, trees, signs, utility poles, or anything large enough to constitute a sight obstruction should
be removed or lowered. Yelm Development Guidelines Chapter 4B.150
It is the responsibility of property owners to maintain such clearance:
Every owner of any tree overhanging any street or right -of -way within the city shall prune the
branches so that such branches shall not obstruct the light from any street lamp or obstruct the
view of any street intersection and so that there shall be a clear space of eight feet above the
surface of the street or sidewalk. The owners shall remove all dead, diseased or dangerous
trees, or broken or decayed limbs which constitute a menace to the safety of the public. The city
shall have the right to prune any tree or shrub on private property when it interferes with the
proper spread of light along the street front street light or interferes with visibility of any traffic -
control device or sign, Chapter 14.16.090 Pruning — Corner Clearance YMC
Within 10 day of the receipt of the letter remove the encroaching trees and shrubbery in the city right
for the full width and length of the sidewalk and curb ramp to a minimal height of 80 inches.
If I can be of assistance or answer any questions I may be contacted at 360 - 458 -8407 or at
garyc ci.yelm.wa.us. Thank you.
Sincerely,
Gary Carlson
Building Official
June 4, 2014
Gregory and Rosemarie Hart
916 Crystal Springs Rd.
Yelm, WA 98597
City of Yelm
105 Yelm Avenue West
Yelm, WA 98597
Re; Encroachment into City Right of Way on Crystal Springs Road NW
Mr. & Mrs. Hart
NOTICE IS HEREBY GIVEN That you as the property owner at 916 Crystal Springs Road are
in violation of Chapter 1, Sections 1.16.020, Violations.
ALLEGATIONS OF FACT
1. On May 15, 2014 you were contacted by letter from the City of Yelm informing you
of the need remove vegetation within the site triangle at the intersection of Crystal
Springs Road and Mountain Aire Lane. See attached letter.
2. Gregory and Rosemarie Hart are lawful owners of 916 Crystal Springs Road NW,
parcel number 22719210305, abbreviated legal Section 19 Township 17 Range 2E
Quarter NE NW Named Short Plat MOUNTAIN AIRE SS050388YL LT 1 Document
3832642
ALLEGATIONS OF LAW
1. The above described property is with the City of Yelm
2. The above described property is Zoned R -6 with its current use as a single family
residence
3. To date the City of Yelm has not verified compliance with the letter of May 15, 2014..
IT IS ORDERED THAT within 15 days of receipt of this notice you shall comply with
vegetation removal in the site distance triangle.
Failure to comply with the terms of this notice of violations by stated time may result in
further actions by the City of Yelm, including, but not limited to the issuance of civil
penalties of up to $250.00 per day of violation or further enforcement action through court
of competent jurisdiction.
Signed in Yelm, Washington
Gary L Carlson
Building Official
City of Yelm
Cc: Brent Dille, Prosecuting Attorney City of Yelm