HomeMy WebLinkAboutNotice of Hearing - BLD Letters / Memos - 10/17/2003 MASON COUNTY Shelton (360) 427-9670
DEPARTMENT OF COMMUNITY DEVELOPMENT Belfair (360) 275-4467
Planning Elma (360) 482-5269
Mason County Bldg.1 411 N.5th
P.O.Box 279 Shelton,WA 98584
NOTICE OF HEARING
YOU ARE REQUIRED TO BE PRESENT NOVEMBER 19, 2003 AT 12:00 PM
MASON COUNTY BUILDING ONE, COMMISSIONERS' CHAMBERS
411 N. 5TH SHELTON,WA 98584
October 17, 2003
Juan and Elia Garcia
110 NE Ponderosa Rd.
Belfair, WA 98528-9684
NOTICE OF CIVIL VIOLATION
Tax Parcel Number 12316-22-90082
Mr. and Mrs. Garcia:
This letter serves as a Notice of Civil Violation in accordance with section 15.13.035 of
the Mason County Development Code. Mason County may recommend a fine of up to
one thousand dollars ($1000.00)per violation based upon the violations listed below.
You are in violation of Mason County Resource Ordinance
Mason County Code Title 17
You are in violation of Mason County Development Code
Mason County Code Title 15
i of the referenced regulations are enclosed in this mailing,and additional copies are available from
Copies g g, p
the Mason County Planning Department. Contact(360)427-9670 ext.281 to obtain copies. Citations are
to text"as adopted."
Mason County alleges as follows:
COUNT(1) On or about November 21, 2002, vegetation removal/land clearing occurred,
absent required permit approval,in an area classified as a Landslide Hazard Area on tax
parcel number 12316-22-90082. The vegetation removal/land clearing occurred on
slopes that meet or exceed 40%slope; classified as a Landslide Hazard Area per Mason
County Resource Ordinance section 17.01.100(A). The nonpermitted vegetation
removal/land clearing occurred on a parcel owned, used, controlled, maintained, or
possessed by Juan and Elia Garcia, in violation of Mason County Development Code
15.13.020,to wit:
On November 12, 2002, I conducted an inspection of parcel number 12316-22-90082 in
response to a complaint received by the Mason County Department of Community
Development. With Senior Planner Rick Mraz, I used a clinometer to measure the slope
of the hillside and determined that the slope averages 65%. I also determined that at least
12 established trees were removed from the slope and that bare soil was exposed on the
slope. I photographed site conditions. The activity that I observed constitutes"land
clearing" as defined by Mason County Resource Ordinance section
17.01.100(D)(2)(a). The location of the land clearing activity meets the definition of a
Landslide Hazard Area per Mason County Resource Ordinance section
17.01.100(A)(1)(f). Land clearing in a Landslide Hazard Area, absent permit approval,
constitutes a violation of Mason County Resource Ordinance section 17.01.100(C)(2).
(1) This Notice is directed to Juan and Elia Garcia at the mailing address noted above.
(2) The violation is located on tax parcel 12316-22-90082 in Belfair, Mason County,
Washington. The violation of County regulations cited as COUNT 1 above is the
result of land clearing/vegetation removal on slopes that exceed 40%, absent required
permit approval.
(3) This Notice is effective immediately upon posting at the site and/or receipt by the
person(s)to whom it is directed.
(4) Any non-compliance with Mason County Code Title 17 (Mason County Resource
Ordinance) and any other applicable regulations must immediately cease.
(5) This Notice serves as a"Stop Work"Order until the violation is corrected and/or
remediated as specified under number(6).
(6) You must immediately comply with the following requirements:
• Submit a Restoration Plan and Restoration Bond as detailed in correspondence dated
December 2, 2002 (copy of letter enclosed). Additionally, submit a$350 Restoration
Plan Review and Monitoring Fee.
(7) Failure to comply with the requirements listed above may result in further
enforcement actions, including civil fines and criminal penalties. The County is
authorized to recommend a$1,000 fine for each violation. Each separate day, event,
action or occurrence shall constitute a separate violation. In this case, the County
will recommend a $1,000 fine with compliance conditions if this matter proceeds
to a hearing. In addition, you may be found responsible for costs incurred by
the County if this matter proceeds to a hearing.
(8) HEARING DATE: Per section 15.13.045 of the Mason County Development Code,
you are scheduled to appear before the Hearing Examiner as noted below. The
hearing will be canceled if the applicable Review Authority determines that the
required corrective action has been completed or is on schedule for completion
as set by the Review Authority at least 48 hours prior to the scheduled hearing.
Required corrective action is detailed in number six, above.
YOU ARE REQUIRED TO BE PRESENT NOVEMBER 19, 2003 AT 12:00 PM
MASON COUNTY BUILDING ONE, COMMISSIONERS' CHAMBERS
411 N. 5"' SHELTON, WA 98584
Signed �- Dated D ( 7, 26 U
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