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Home My WebLink AboutSign Hearing - COM Letters / Memos - 9/4/2009 1 i co&, MASON COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT y 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.masonma.us 1854 Shelton,WA 98584 STAFF REPORT HEX 2009-00029 Parcel # 12231-14-90030 To: Phil Olbrechts, Hearing Examiner 710 Second Ave. Suite 700 Seattle, WA 98104 From: 41-4-1,v aa►-A Christine Clark, R.S., Planner Date: September 4, 2009 Case: HEX2009-00029 Troy & Stacy Olson 13750 Forsman Rd SE 011ala, WA 98359 Hearing: September 14, 2009, at 11:00 AM. Mason County Building One Commissioner's Chambers 411 N 51h Street, Shelton, WA A. Parties Of Record: Responsible Party: Troy & Stacy Olson Site Location: TR C OF SURVEY 3/143 TR C OF SP#465 Tax Parcel Number: 12231-14-90030 Enforcement Officer: Christine Clark, Planner with Dept. of Community Development B. Regulations Violated under Mason County Development Requirements, section 17.03.202 & 17.03.203 17.03.202.D,Prohibited Signs: Signs located in county right-of-way, unless otherwise approved with a road-use permit from the Public Works Department, signs shall not be posted on trees including in county right-of-way, and off-premises signs except for temporary signs as allowed in Section 17.05.025. Off 17.03.202.I,Prohibited Sims: Off-premises signs except for temporary signs as allowed in Section 17.05.025.An off-premises sign shall not include a sign located on private property,other than the property where the business(business,commodity, service or entertainment conducted, sold or offered)is located provided that: 1)the sign is placed with the property owner's consent;2)the business does not have frontage on a collector road; and 3)the sign is placed for visibility from the collector road nearest to the business. 17.03.203 Nonconforming Signs: Signs located on trees shall have until January 1,2009 to be removed. Signs that aren't removed by January 1,2009 will be considered a violation subject to fines and enforcement under Title 15 Chapter 15.13. Permanent signs located within any part of the county right-of way shall have until January 1,2009 to be removed. Signs that aren't removed by January 1,2009 will be considered a violation subject to enforcement under Title 15 Chapter 15.13. C. Legal Authority: Mason County Code 15.03.005 provides Title 15,which establishes the hearing examiner, applies to Mason County Sanitary Code and Community Development regulations. Mason County Code 15.13.050(B) provides that a violator may be fined $1,000 for each violation and 15.13.045(A)(vi)(c) $2000.00 for each repeat violation. Each day of violation may be considered a separate violation. D. Case History: In this testimony 1, Planner Christine Clark, am including dates and circumstances concerning James & Marcia Morrison. I worked in the Solid & Hazardous Waste Department with Mason County Environmental Health since May of 2005. I've worked for Mason County Community Development since January of 2009. 1 graduated from the University of Washington with the degree of Bachelor of Science from the School of Public Health & Community Medicine. May 8, 2009-Mason County Dept. of Community Development sent a letter requesting that the off-premis sign be removed by June 7,2009. July 9. 2009-No response was received from owner and sign was still in place. Christine Clark found the owner's phone number and left a message that stated sign needs to be removed by the loth or they will be responsible for $255 fee. July 9, 2009- Troy Olson called back and stated the sign was placed in November of 2008, and believed he was exempt from regulations because his sign was placed prior to regulations. Christine then sent Mr. Olson the following e-mail: Troy, I've attached the sign ordinance that was adopted on 09/23/03. Please read on page 2, section 1.03.230. Off-premise commercial signs and billboards are prohibited. Please have your sign removed by 5:00 on Friday the 10th. I will be by later that day to verify the removal. Please let me know if you have additional questions. Thank you for your cooperation. Christine Clark,R.S. Department of Community Development (360)427-9670 xt.577 July PO-20, 2009-The following correspondence was exchanged between Mr.Olson and Chrisitne: Troy, I can appreciate your position,and do not know why your call went unreturned. I only began this position in January, so can not speak to why this may have happened. I have attached the most updated version of our sign regulations. The section pertaining to signs begins on page 33. Unfortunately,the sign falls under the definition of an off-premise sign and still needs to be removed. An off-premises sign is defined as a sign that directs attention to a business,commodity,service or entertainment conducted, sold or offered at a location other than the premises on which the sign is located. Technically,the banner hanging from the trees advertising sprinklers is also a violation. But because I only received the complaint for TNT,that is the only one required to be removed. You will also not be charged with the$255.00 enforcement fee because of your cooperation,and because at the time this occurred,was an honest mistake. I apologize for the lack of communication you received in the past. However,the sign will still need to be removed. Thank you, Christine Clark,R.S. Department of Community Development (360)427-9670 xt.577 >>> "Troy Olson" <troyolson@centurytel.net>7/9/2009 10:10 PM>>> Christine, Thank you for sending that information. As a background on this matter I spent almost a year calling the county and researching the website trying to determine what I was "allowed"to do on my property regarding signage. Not a single person ever called me back or responded to my letters. I spent almost$600 on that sign and a year of getting no response from the county which does not sit well with me as I am sure you can understand. I'm certain there is an amicable solution to this problem. Since I now have some communication regarding this matter I would like to have some questions answered. You refer to an ordinance section 1.03.230 which appears to of been amended. What is the latest revision related to signs and may I get a copy? How are you coming up with a definition for my sign? I think you defined it as an "off-premise" sign on the phone. Why wouldn't it be considered a real estate sign? I am a builder,I own the property and I intend to build a structure for sale on that property. Please note that I have allowed the Mason County School system to utilize my private property as a school bus turn around to save on fuel and excess emissions and prevent the buses from driving many more miles down Hwy 3 for an appropriate turn around. I would like to keep it that way as I feel it is an appropriate thing for me to allow as it benefits the community. Feel free to verify this by contacting the school transportation department and speak with anyone in maintenance. Keeping my sign would seem to be an amicable compromise. I look forward to your response. Troy Olson 1.360.509.8792 cell 1.253.295.2414 fax -------------------------------------------------------------------------------- From: Christine Clark [mailto:ChrissyC@co.mason.wa.us] Sent:Thursday,July 09,2009 4:51 PM ` To: troyolson@centurytel.net Subject: Sign violation Troy, I've attached the sign ordinance that was adopted on 09/23/03. Please read on page 2, section 1.03.230. Off-premise commercial signs and billboards are prohibited. Please have your sign removed by 5:00 on Friday the 10th. I will be by later that day to verify the removal. Please let me know if you have additional questions. Thank you for your cooperation. Christine Clark,R.S. Department of Community Development (360)427-9670 xt.577 April 12, 2009 - Christine Clark observed that the sign was still in place, and the following day issued a Notice of Civil Violation. September 2,2009-Christine Observed one off-premise sign still on the property, but that the banner sign had been removed. E. Recommendations: Based on the regulations violated, and the attachments in this report,the Mason County Department of Community Development recommends that the responsible party be directed to abate all of the violations on this property within 7 days. We recommend that Troy& Stacy Olson receive a fine in the amount of$1000.00 per violation,totaling$1000.00. We request that $250.00 of the fine be due immediately, but that the remainder be suspended for 7 days pending compliance. We also request that the costs incurred by the County in pursuing this matter be reimbursed, and $350.00 for the cost of the Hearing Examiner's involvement. Compliance for this property would entail removal of the off-premise sign for TNT Home Builders,and no further off-premise signs being placed. F. Exhibits and Attachments: Exhibit Description I Staff Report Attachments A First letter and e-mail correspondence B Photos C Property Information Exhibit 2 Notice of Civil Violation PaOV Cot/ 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 rxs t Shelton,WA 98584 May 8,2009 Troy& Stacy Olson 13750 Forsman RD 011ala, WA 98359 NOTICE OF MASON COUNTY CODE VIOLATION ENFORCEMENT CASE FILE NUMBER:ENF2009-00062 PARCELNUMBER: 12231-14-90030 SITE ADDRESS: TR C OF SURVEY 3/143 TR C OF SP#465(State Route 3,Allyn) Dear Mr. &Mrs. Olson, On May 7, 2009, Planner, Allan Borden observed an off-premises sign advertising TNT Builders. The sign is located on the left side of the northbound lane of State Route 3, prior to entering Allyn. Under Mason County Ordinance 104-03 Section 1.03.230, revised through Ordinance 20-05 and 42-05, off-premises signs and billboards are prohibited commercial signs. To bring this site into compliance, the off-premises sign must be removed from the site by June 7,2009. At that time, I will perform a site inspection to confirm compliance. If compliance has not been achieved at that time, a civil infraction can be issued to both the property owner and business owner. If you have questions regarding this matter,please contact me at(360)427-9670 ext. 577. Thank you for your anticipated cooperation. Sincerely, Christine Clark, R.S. 1�►, Planner, Code Enforcement Y v Page 1 of 2 Christine Clark - RE: Sign violation From: Christine Clark To: troyolson@centurytel.net Date: 7/10/2009 5:49 PM Subject: RE: Sign violation Attachments: dev_regsjune_2009.pdf Troy, I can appreciate your position, and do not know why your call went unreturned. I only began this position in January, so can not speak to why this may have happened. I have attached the most updated version of our sign regulations. The section pertaining to signs begins on page 33. Unfortunately, the sign falls under the definition of an off-premise sign and still needs to be removed. An off- premises sign is defined as a sign that directs attention to a business, commodity, service or entertainment conducted, sold or offered at a location other than the premises on which the sign is located. Technically, the banner hanging from the trees advertising sprinklers is also a violation. But because I only received the complaint for TNT, that is the only one required to be removed. You will also not be charged with the $255.00 enforcement fee because of your cooperation, and because at the time this occurred, was an honest mistake. I apologize for the lack of communication you received in the past. However, the sign will still need to be removed. Thank you, Christine Clark, R.S. Department of Community Development (360) 427-9670 xt.577 >>> 'Troy Olson" <troyolson@centurytel.net> 7/9/2009 10:10 PM >>> Christine, Thank you for sending that information. As a background on this matter I spent almost a year calling the county and researching the website trying to determine what I was "allowed" to do on my property regarding signage. Not a single person ever called me back or responded to my letters. I spent almost $600 on that sign and a year of getting no response from the county which does not sit well with me as I am sure you can understand. I'm certain there is an amicable solution to this problem. Since I now have some communication regarding this matter I would like to have some questions answered. You refer to an ordinance section 1.03.230 which appears to of been amended. What is the latest revision related to signs and may I get a copy? How are you coming up with a definition for my sign? I think you defined it as an "off-premise" sign on the phone. Why wouldn't it be considered a real estate sign? I am a builder, I own the property and I intend to build a structure for sale on that property. file://C:\Documents and Settings\ChrissyC\Local Settings\Temp\XPgrpwise\4A577F47Ma... 7/23/2009 i Page 2 of 2 Please note that I have allowed the Mason County School system to utilize my private property as a school bus turn around to save on fuel and excess emissions and prevent the buses from driving many more miles down Hwy 3 for an appropriate turn around. I would like to keep it that way as I feel it is an appropriate thing for me to allow as it benefits the community. Feel free to verify this by contacting the school transportation department and speak with anyone in maintenance. Keeping my sign would seem to be an amicable compromise. I look forward to your response. Troy Olson 1.360.509.8792 cell 1.253.295.2414 fax From: Christine Clark [mailto:ChrissyC@co.mason.wa.us] Sent: Thursday, July 09, 2009 4:51 PM To: troyolson@centurytel.net Subject: Sign violation Troy, I've attached the sign ordinance that was adopted on 09/23/03. Please read on page 2, section 1.03.230. Off- premise commercial signs and billboards are prohibited. Please have your sign removed by 5:00 on Friday the 10th. I will be by later that day to verify the removal. Please let me know if you have additional questions. Thank you for your cooperation. Christine Clark, R.S. Department of Community Development (360) 427-9670 xt.577 fileWC:\Documents and Settings\ChrissyC\Local Settings\Temp\XPgrpwise\4A577F47Ma... 7/23/2009 i 600Z/Z Q. ; 1. �r 4� - � �,! *, •. ' _*• t^ h,w' • Yq h 360-509-8792 t aNewon YOUR LW C—u-1— � .� t01 YOURf q 08/12/200.9 � ' '' " t08!12�2009� (,5-ovr�of- MASON Cot& 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 /nsa Shelton,WA 98584 NOTICE OF HEARING FOR CIVIL VIOLATION YOU ARE REQUIRED TO BE PRESENT September 14, 2009,AT 11:00 AM MASON COUNTY BUILDING ONE, COMMISSIONERS' CHAMBERS 411 N. 5TH STREET SHELTON,WA 98584 HEX 2009-00029 Parcel# 12231-14-90030 August 13,2009 Troy Olson 13750 Forsman Rd SE 011ala, WA 98359 NOTICE OF CIVIL VIOLATION To all concerned: This letter serves as a Notice of Civil Violation in accordance with section 15.13.035 of the Mason County Development Code. Mason County will recommend a fine of up to one thousand dollars($1000.00)per violation based upon the following listed violations. Unpaid fines assessed and not paid will be recorded as liens against the above-mentioned parcels. You are in violation of the following Mason County Development Regulations, section 17.03.202 & 17.03.203: Mason County alleges the following violations: Count(1-2)That on or about August 12,2009,Troy Olson placed or allowed the placement of two off-premise signs,one in the trees and a billboard,at parcel#12231-14-90030 in Allyn,Mason County, Washington in violation of Mason County Code Title 17,Development Regulation 17.013.202& 17.03.203. The sign ordinance was adopted on 09/23/03. Christine Clark observed the following: 1. White off-premise billboard advertising"TNT Home Builders." Sign is located within the right-of-way. I 2. White off-premise banner advertising"Sprinklers"hanging from the trees also in the right-of-way. 17.03.202.D.Prohibited Signs: Signs located in county right-of-way, unless otherwise approved with a road-use permit from the Public Works Department, signs shall not be posted on trees including in county right-of-way, and off-premises signs except for temporary signs as allowed in Section 17.05.025. 17.03.202.I.Prohibited Signs: Off-premises signs except for temporary signs as allowed in Section 17.05.025. An off-premises sign shall not include a sign located on private property,other than the property where the business(business,commodity,service or entertainment conducted,sold or offered) is located provided that: 1)the sign is placed with the property owner's consent; 2)the business does not have frontage on a collector road; and 3)the sign is placed for visibility from the collector road nearest to the business. • 17.03.203 Nonconforming,Signs: Signs located on trees shall have until January 1, 2009 to be removed. Signs that aren't removed by January 1, 2009 will be considered a violation subject to fines and enforcement under Title 15 Chapter 15.13. Permanent signs located within any part of the county right-of way shall have until January 1, 2009 to be removed. Signs that aren't removed by January 1, 2009 will be considered a violation subject to enforcement under Title 15 Chapter 15.13. This Notice is directed to Troy Olson. The violations are located on tax parcel#12231-14-90030 at State Route 3 in Allyn, Mason County, Washington. 1) This Notice is effective immediately upon posting at the site and/or receipt by the person to whom it is directed. 2) All planning violations as listed on the above mentioned property must be abated in the following manner: 1. Remove both signs by August 28, 2009. 2. Pay the $255.00 Enforcement fee by August 28, 2009. 3. If fee is paid and signs removed, your hearing will be dismissed. 3) Failure to comply with the requirements listed in number two above may result in further civil fines and criminal penalties. 4) HEARING DATE: You are scheduled to appear before the Hearings Examiner as noted below. • The Hearing will be canceled only if the applicable Review Authority determines that the required corrective action as detailed above in this Notice has been completed as set by the Review Authority at least 48 hours prior to the scheduled hearing. • This is a civil matter and you may choose to hire an attorney to represent you at your own expense. • Failure to appear may result in a default judgement against you. YOU ARE REQUIRED TO BE PRESENT September 14,2009 AT 11:00 AM MASON COUNTY BUILDING ONE,COMMISSIONERS' CHAMBERS 411 North 51h Street Shelton,Washington Signed 4!�4r'- 4k..c. O.—Z Dated 3 /d l Title/Authority Mason County Planner,Code Enforcement