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HomeMy WebLinkAboutNotice and Order of Code Violation - BLD Letters / Memos - 9/22/2009 MASON COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT Planning Shelton(360)427-9670 Mason County Bldg. I Belfair(360)275-4467 411 N 5th Street Elma(360)482-5269 PO Box 279 HOME PAGE—www.co.mason.wa.us Shelton,WA 98584 18�1 September 22,2009 Mark&Kyla Robbins 32235 56 h Ave S Auburn,WA 98001 NOTICE & ORDER OF MASON COUNTY CODE VIOLATION ENFORCEMENT NUMBER:ENF2007-00124 PARCELNUMBER: 12230-14-00000 SITE ADDRESS:211 Sherwood Rd Dear Robbins, As you are aware from being notified in November 2007,the above referenced parcel has an unpermitted bulkhead,and is in violation of the Mason County Shoreline Master Program 17.50.060 Use Regulations. You were previously informed of the steps necessary to bring this item into compliance. Unfortunately, this will be the last notice before the property is taken before the hearings examiner. You will now need to submit the following: • SEPA review($385.00) • Shoreline Exemption($255.00) • Mason Environmental Permit($380 when submitted with another permit) • Habitat Management Plan($445.00) • Planning Fine/Fee($255.00) You may also choose to remove the wall, and only pay the $255 Planning fine/fee and $630 for a Mason Environmental Permit. Or if you choose to keep one or both items, and all deadlines are met, the $255 fine/fee may be waived. This letter shall serve as a warning notice as described under the Mason County Title 15,section 15.13.040. If the compliance guidelines as outlined within this letter are not met by the deadline specified herein, a Notice of Civil Violation will be issued to those parties responsible for documented violation(s) of Mason County code. A hearing may then be held in accordance with Title 15 and additional civil penalties or fines may be imposed if compliance has not been achieved. If you disagree with this Notice you may request in writing within 14(fourteen) days of the service of the Notice, an appeal hearing before the Hearings Fxaminer. The request shall include a$2,500 fee and cite the Notice and Order appealed; it shall contain a brief statement of the reasons for seeking the appeal hearing. Depending on what you choose to do, I anticipate receiving all required permits and fees by October 22,2009. If you have questions regarding the compliance requirements, please contact me at (360) 427-9670 ext 577. Thank you for anticipated cooperation. Sincerely, Christine Clark,R.S. Planner,Code Enforcement Mason County Dept. of Community Development Mason County Bldg. III, 426 W. Cedar, P.O. Box 186, Shelton, WA 98584 Shelton: (360) 427-9670 Belfair: (360) 275-4467 Elma: (360) 482-5269 1010 Web: http://www.co.mason.wa.us Notification of Mason County Code Violation November 08, 2007 Mason County Department of Community Development Shelton WA 98584 Claimant Vs. MARK & KYLA ROBBINS 32235 56TH AVE S AUBURN WA 98001-4101 Notice The receipt of this notice shall constitute service regarding notification of violations of the Mason County Code, and shall also serve as Warning Notice pursuant to Mason County Code, Title 15, Section 15.13.035. The violation(s) are occurring at the following property: Enforcement Case No.: ENF2007-00124 Parcel No.: 122301400000 Site Address: 211 E SHERWOOD RD ALLYN You are receiving this notice because of the following: Ij Unpermitted bulkhead at shoreline of Sherwood Creek. Clearing and Grading within a stream buffer. The specific Mason County Code(s) that apply to this activity are as follows: Title 8.52.170 and MCRO 17.01.110 Fish and Wildlife Habitat Conservation Areas. I According to the Mason County Assessor records, parties named above hold legal interest in the parcel and are therefore subject to enforcement action for failure to comply. The parties shall respond to the county within twenty days of the postmark, posting on site, or delivery of the notice. Order YOU ARE HEREBY ORDERED to abate violations in the following manner: By 12/20/07 you must: Submit a Habitat Management Plan (HMP)/Restoration in accordance with 17.01.110 (J). Fill out and submit the included Mason Environmental Permit Application (MEP), JARPA, SEPA and fees to the Permit Assistance Center in Building 3. Please review the following included documents: MCRO 17.01.110 Title 15.13 Enforcement You have 30 days from receipt of this letter to complete the requested items above. No extension will be granted for submitting the MEP, SEPA application and fees, but an extension can be granted for the completion of the HMP. To receive an extension for the HMP your Consultant must submit in writing the request and an approximate start date for the work to begin. If the requested items are not submitted within the 30 days a hearing will be scheduled and you will be fined up to $1,000 a day for violating the Title 8.52.170 & MCRO 17.01.110. Please contact me immediately with any questions or to set up a meeting at ext. 577. Special arrangements can be made on a case by case basis. To avoid the above requirements and fees remove the bulkhead and give me a call and I will verify that you removed it and the enforcement case will be closed. Penalties After the fact permits are subject to a triple fee penalty. Documents that are supplemental to application do not have additional penalty fees. In the event that you fail to comply, by the compliance deadline of 12/20/07 we will pursue additional enforcement action against you, including but not limited to recording against the parcel, civil infractions, liens against the property through the Mason County Hearings Examiner process and/or criminal prosecution as allowed under Title 15.13 of the Mason County Code. ENF2007-00124 Page 2 of 3 In the event that you feel you have received this notice in error or that the facts are inaccurate, I strongly encourage you to contact me at (360)427-9670 ext to discuss your concerns immediately. Permit applications are accepted at the Permit Assistance Center, Mason County Building 3, 426 W Cedar ST, Shelton WA. Complete applications must be submitted with all applicable fees and supplemental documents. Sincerely, 0��7 Ryan Crater Planner/ Code Enforcement Mason County Dept. of Comm. Development Cc: Property File ENF2007-00124 Page 3 of 3 1. I s.