HomeMy WebLinkAboutBLD2000-00623 Owned Structure without Permits and within Buffer and Landslide Hazard Area Hearing - BLD Letters / Memos - 8/4/2004 MASON COUNTY Shelton (360) 427-9670
DEPARTMENT OF COMMUNITY DEVELOPMENT Belfair (360) 275-4467
Planning Elma (360) 482-5269
Mason County Bldg.1411 N.5th
P.O.Box 279 Shelton,WA 98584 r
August 5, 2004
Steve Cady
Debbie Lemonnier(Cady)
1308 S. 270d'St.
Des Moines,WA 98198-9333
Billing for Mason County Hearing Examiner Fines
A co of the Hearin Examiner Decision and Order, issued Jul 30 2004 for file number
copy g ,Y
HEX2004-00027 is enclosed. The total billing for parcel number 32412-11-90004 is $5,846.70.
Of that amount$4,500 is suspended on the condition that you achieve compliance with the Order
within 30 days of service of the Order. Proof of compliance shall be in the form of
photographs/applicable permit applications submitted to: Mason County Permit Assistance
Center,Mason County Building III-Attn: Code Enforcement. Call(360)427-9670 ext.352
for directional information. Mail items other than permit applications to: Mason County
Planning,Attn: Code Enforcement,PO Box 279, Shelton,WA 98584.
If compliance is achieved within 30 days,you are only responsible for the following: $846.70
costs imposed and$500 fine imposed($1,346.70 total). This payment must be received within 30
days of service of the Order. The remaining$4,500 in fines is immediately due and payable if
compliance is not achieved as directed in the Order. This billing is based on the Order of the
Hearing Examiner for Mason County,which affirms the Notice of Civil Violation issued against
tax parcel number 32412-11-90004.
Please update the information on page two,then return page two with your payment and
compliance submittals. Your canceled check will be your receipt. Thank you in advance for your
timely response to this billing. You may make arrangements to pay the fine in installments, if
necessary. If you have any questions,please contact Kristin French at(360)427-9670 ext. 593.
Fine: $5,000.00(reduced to$500.00 if compliance is achieved 30 days from service)
Costs: $846.70
Total: $1,346.70 if compliance is achieved within 30 days from service date
$5,846.70 if compliance is not achieved within 30 days from service date
Community Development; Planning Code Enforcement
Make payment payable to "Mason County Treasurer",mail to:
Mason County Planning Department
Attn: Code Enforcement
PO Box 279
Shelton,WA 98584
Owner: Cady/Lemonnier Fine amount: $500.00
(see conditions above)
$5,000.00 if compliance is not achieved
Tax Parcel Number:32412-11-90004 Payment line item information:
Case Number: HEX2004-00027 $500 Planning Fine(or$5,000 after 30 days)
$846.70 Hearing Examiner
$351.30 County Costs
BEFORE THE HEARING EXAMINER OF
MASON COUNTY
DECISION
FILE NUMBER: HEX2004-00027
TAX PARCEL NUMBER: 32412-11-90004
PROPERTY OWNER: Steve Cady and Debbie Lemonnier
REVIEW AUTHORITY: Mason County
TYPE OF CASE: Notice of Civil Violation
SUMMARY OF DECISION: Violation Occurred. Review Authority's
Notice of Civil Violation affirmed
INTRODUCTION
Steve Cady and Debbie Lemonnier were sent a notice of a Notice of Violation
alleging violations of. Count 1) MC Title 14, section 14.08.030 did own, use,
control, maintain, or possess a structure constructed absent required Building
Permit review and approval; Count 2)Mason County Resource Ordinance
section 17.01.110(G)(1)(c) did own, use, control, maintain, or possess a structure,
unlawfully located within the regulated buffer; Count 3) Mason County Resource
Ordinance section 17.01.100(C)(2) did own, use, control, maintain, or possess a
structure unlawfully located within a Landslide Hazard Area; Count IV) Mason
County Resource Ordinance section 17.01.110(G)(1)(c) did own, use, control,
maintain, or possess a structure unlawfully located within the regulated buffer
associated with a Type V Stream; and Count 5) Mason County Resource
Ordinance section 17.01.100(C)(2) grading occurred in a Landslide Hazard Area
or the associated buffer, on tax parcel number 32412-11-90004, absent required
permit review and approval. .
1
Kristen Olbrechts, Mason County Hearing Examiner(the Examiner), held a
hearing on May 19, 2004. Mason County Planning Code Enforcement Officer,
Kristin French sent certified and regular mail notice of the hearing to the property
owners.
Property owner Steve Cady appeared for the hearing.
Testimony under oath was presented by: Mason County Planning Code
Enforcement Officer, Kristin French, Mason County Building Official, Larry
Waters and Steve Cady
EXHIBITS
Exhibit 1: Staff Report
Attachment A Copies of applicable ordinances
Attachment B Assessor's tax records
Attachment C 7/17/00 Building Department Letter of Incompleteness and
4/13/00 Stop Work Order
Attachment D Copy of BLD2000-00623
Attachment E 7/11/00 Planning Department Letter of Hold Status, Order
of Invalidity Information
Attachment F 6/20/03 letter to owners (notification of incomplete status
and submittal requirements detailed)
Attachment G 1/15/04 letter to owners (pending permit cancellation)
Attachment H 4/9/04 letter to owners (permit cancellations)
Attachment I 5/29/03 site inspection notes/photographs
Attachment J 7/15/03 site inspection notes/photographs
Attachment K 6/29/00 letter of incompleteness from Building Department
Attachment L 11/9/01 letter of complaint from citizen regarding the cabin
Attachment M 1 l/14/01 letter in response to complaint letter
Attachment N 2/25/03 Second Stop Work Order posting/photographs
Attachment O 6/23/03 Fax to Steve Cady
Attachment P 6/25/03 Fax to Steve Cady
Attachment Q 7/7/03 phone conversation notes
Attachment R 7/29/03 letter to owners
Attachment S 5/7/04 Notice of Hearing and Notice of Civil Violation
Attachment T 5/11/04 Fax confirmation sheet, Notice of Hearing and
Notice of Civil Violation faxed to Steve Cady
Exhibit 2: Fax copy of Staff report sent to Mr. Cady, confirmation of receipt
2
Exhibit 3: Staff Qualification Descriptions
ISSUES
Are the property owners in violation of. Count 1) MC Title 14, section 14.08.030
did own, use, control,maintain, or possess a structure constructed absent required
Building Permit review and approval; Count 2) Mason County Resource
Ordinance section 17.01.110(G)(1)(c) did own, use, control, maintain, or possess
a structure, unlawfully located within the regulated buffer; Count 3)Mason
County Resource Ordinance section 17.01.100(C)(2) did own, use, control,
maintain, or possess a structure unlawfully located within a Landslide Hazard
Area; Count IV) Mason County Resource Ordinance section 17.01.110(G)(1)(c)
did own, use, control, maintain, or possess a structure unlawfully located within
the regulated buffer associated with a Type V Stream; and Count 5) Mason
County Resource Ordinance section 17.01.100(C)(2) grading occurring in a
Landslide Hazard Area or the associated buffer, on tax parcel number 32412-11-
90004, absent required permit review and approval?
FINDINGS OF FACT
1. The subject property(Steve Cady and Debbie Lemonnier property) is located off
of US Highway 101, adjacent to the Hood Canal Shoreline, Lilliwaup,
Washington/Mason County,
2. On April 13, 2000, a Stop Work Order was posted on the Cady/Lemonnier
property by the Mason County Building Department for failure to obtain a building
permit to address a permit-required construction. In posting the Stop Work Order,
the Building Department informed the owner that the construction in question, a
shed-type structure with an associated covered deck, required Building Permit
approval. Mason County Building Official Larry Waters measured the projected
roof area to determine the size (the footprint of construction is approximately 20' x
16.5').
3. On May 17, 2000, in response to the Stop Work Order, property owner Steve
Cady submitted an"after the fact"Building Permit application (number BLD2000-
00623). The Permit application was submitted"after the fact" to address permit-
required construction that occurred absent permit review or approval. (See
photographs, attachment I).
4. On June 29, 2000, Building Department Staff Michael Barth mailed a letter of
incompleteness detailing additional plan-related requirements necessary to
complete the Building Permit application.
3
5. On July 11, 2000, a letter was mailed to Steve Cady by Planning Director Dave
Salzer stating that the" after the fact"building permit application had been placed
"On Hold"with Mason County. At the time the application was submitted by Mr.
Cady, Mason County was subject to an Order of Invalidity imposed by the
Western Washington Growth Management Hearings Board (effective January 14,
1999).
6. The effect of that Order of Invalidity was that Mason County was unable to
process any building permit application for structures that didn't meet three
specific exemption criteria. Because the proposal by Mr. Cady, the cabin/shed in
question, did not meet any of the invalidity exemption criteria pursuant to RCW
36.70A.302, the permit was placed on"hold,"with no vesting, pending the
rescission of the Order of Invalidity. The Order of Invalidity prohibited the
approval of BLD2000-00623 by Mason County, until rescission of the Order.
7. On November 9, 2001, a letter of complaint was submitted to the Mason County
Building Department, alleging that the building is being used as a cabin and
expressing related concerns.
8 On November 14, 2001, a response letter was mailed to the complainant by
Building Department staff Tami Griffey. At the time of receipt of the letter of
complaint, the Order of Invalidity was still in effect against Mason County and the
Building Permit application submitted to address the unpermitted construction was
still "on hold."
9. The Order of Invalidity was lifted as follows:
Critical Areas regulations valid: June 6, 2003
Rural Commercial rezone regulations valid: June 6, 2003
Rural Lands/Development Matrix: August 14, 2002
When the Order of Invalidity was resolved and lifted, the "after the fact" building
application submitted by Mr. Cady was reviewed under the new regulations that
were adopted by the county. The violations were found to be present. Because of
the time it was built, it didn't vest to the old regulations.
10. On February 25, 2003, Building Department staff Mark Core posted a second
Stop Work Order for construction of a cabin absent required permits. The owner
was advised to obtain permits or remove the structure within 21 days.
11. On May 29, 2003, Mason County Planning Code Enforcement Officer, Kristin
French performed an inspection of the parcel to verify current site conditions. Ms.
French observed and photographed the structure in question.
12. On May 29, 2003, Ms. French determined that the structure in question is
located approximately 20 feet to 30 feet from the Ordinary High Water Mark of
4
Hood Canal Shoreline. On the Cady/Lemonnier parcel, the regulated buffer
extends 100' upland from the Ordina
ry High Water Mark. (COUNT II)
13. Ms. French noted that this 100' buffer may be reduced pursuant to Mason
County Resource Ordinance section 17.01.110 D 2( )( ), but it does not appear that a
special provision for reduction applies to this site.
14. The parcel directly to the left of the subject parcel (when facing the water) is
vacant. A residence is located on the parcel directly to the right of the subject
parcel. However, it appears to be located at least 50' upland from Ordinary High
Water. It is not certain that the structure on the parcel directly to the right of the
subject parcel is located within 150' of the property line (line dividing the two
parcels).
15. On May 29, 2003, Ms. French determined that the structure in question is
located on, and within 250' of, slopes that exceed 40%. (COUNT III)
16. On May 29, 2003, Ms. French determined that the structure in question is
located within 85' feet of a Type V Stream channel. (COUNT IV)
17. On June 24, 2003, correspondence dated June 20, 2003 was mailed to the
owner first class and certified, detailing the issues and compliance requirements.
The owners were provided written notification (first class an certified) regarding
the incomplete status of BLD2000-00623. Additional submittal requirements were
detailed and provided to the owner. A compliance due date of July 25, 2003 was
set. Debbie Lemonnier signed for the certified mailing.
18. On June 25, 2003, a second detailed fax was sent to Mr. Cady. Fax
confirmation was received.
19. On July 7, 2003, Ms. French spoke with Steve Cady over the phone. He
advised that he intended to submit all of the necessary applications to attempt to
retain the structure in its present location.
20. On July 15, 2003, Ms. French conducted a site inspection and evaluated a
portion of the Cady parcel located across State Highway 101 on the upland side.
Ms. French evaluated this portion of the parcel to determine whether any
potentially buildable areas exist in other portions of the parcel (a factor which is
considered during the review of variance applications). Ms. French determined
that recent grading activity occurred within 250' of slopes that exceed 40. This
portion of the site is classified as a Landslide Hazard Area. Within the Landslide
Hazard Area, an area approximately 2 P x 2 V was graded with fill pushed over the
slope directly above Highway 101. There was no permit approved for this work.
An old cut is also present in the upland slope but is not at issue. (Count V)
5
21. On July 30, 2003, correspondence dated July 29, 2003 was mailed to Mr. Cady
first class and certified. The correspondence detailed application requirements and
p pp
application forms were enclosed. The first class mailing was not returned, but the
certified mailing was unclaimed.
22.On January 15, 2004, the owners were provided written notification (first class
and certified) advising that Building Permit application number BLD2000-00623
would be cancelled on February 15, 2004 if appropriate submittals were not
submitted by that date.
23. On April 9, 2004, a letter advising that Building Permit application number
BLD2000-00623 was cancelled was mailed to the owners first class and certified.
The first class mailing was not returned, but the certified mailing was unclaimed.
24. On April 9, 2004, the owners were provided written notification(first class and
certified) advising that application number BLD2000-00623 was cancelled, as the
application remained incomplete. The structure in question remains in its location
on tax parcel number 32412-11-90004.
25. On May 7, 2004, a Notice of Civil Violation and Notice of Hearing was mailed
to the owners first class and certified. Neither mailing was returned.
26.On May 10, 2004, Ms. French faxed a copy of the Notice of Civil Violation and
Notice of Hearing to Steve Cady. Fax confirmation was received.
27. The grading landslide (Count V) occurred on a portion of the property on the
upland side of highway 101. The property is divided by highway 101. Counts I
through IV pertain to a structure that is on the shoreline portion of the parcel.
(abutting Hood Canal). Count V pertains to grading that occurred on the upland
portion of the parcel. (upper portion of parcel).
28. Mr. Cady testified that the structure is a shed that he uses to store equipment.
The adjacent landowner, Mr. Munroe, stated in a letter that the Cady/Lemonnier
structure is clearly being used as a cabin. However, Mr. Munroe gives no facts to
support this. The hearing examiner finds that the structure is a shed.
29. Mr. Cady testified that the structure is 10x20 feet or 120 square feet on the
inside. As there are no facts to the contrary. The hearing examiner finds that the
structure is 1Ox20 feet or 120 square feet on the inside. The hearing examiner
further finds that there is a deck and a roof covering the structure.
30. Mason County Building Official, Larry Waters, pursuant to the 1997 Uniform
Building Code, measured the projected roof area of the structure and determine the
size of the structure exceeded 120 square feet. The hearing examiner finds that the
structure exceeds 120 square feet in size.
6
CONCLUSIONS OF LAW
Mason County brings this action as a civil regulatory order authorized by MCC
15.13.030. The Hearing Examiner has the authority and jurisdiction to issue a
decision on civil regulatory orders as provided in MCC 15.13.045.
15.13.050
(A)Authority. A person who violates any provision of the Development Code,
or who fails to obtain any necessary permit, who fails to comply with the
conditions of a permit, or who fails to comply with a notice of civil
violation shall be subject to a civil fine.
(B)A`nount. The civil fine assessed shall not exceed one thousand dollars
($1,000.00)for each violation, except where the hearings examiner is
authorized under this ordinance to double the fine. Each separate day,
event, action or occurrence shall constitute a separate violation.
15.13.045 (D) (3) (c) The Hearing Examiner may double the civil fine schedule if
the violation was a repeat violation of the person has previously violations of the
applicable codes, regulations, or ordinances. In determining the amount of the
civil fine for repeat violations the Hearing Examiner shall consider the factors set
forth in subsection (D) (3) (b)
15.13.045 (D) (3) (b) In determining the civil fine assessment, the Hearing
Examiner shall consider the following factors:
i. Whether the person responded to staff attempts to contact the
person and cooperated with efforts to correct the violation:
ii. Whether the person failed to appear at the hearing;
iii. Whether the violation was a repeat violation or if the person
previously violated the applicable codes, regulations, and
ordinances;
iv. Whether the person showed due diligence and/or substantial
progress in correcting the violation;
V. Whether a genuine code interpretation issue exists; and
vi. Any other relevant factors
COUNT
COUNT (1) On or about May 7, 2004, Steve Cady and Debbie Lemonnier
hereafter"Cad /Lemonnier" did own use control maintain or possess a
structure constructed absent required Building Permit review and approval. The
structure is located on tax parcel number 32412-11-90004, and the structure
7
constitutes a violation of Mason County Development Code section 15.13.020,
to wit: The structure in question is in violation of Mason County Title 14, Section
14.08.030
Mason County Title 14, section 14.08.030 adopts Uniform Building Code
section 106.1 Permits Required "Except as specified in UBC section 106.2, no
building or structure regulated by the code shall be erected, altered, repaired,
moved, improved, removed, converted or demolished unless a separate permit
for each building or structure has first been obtained from the Building
Official."
Mr. Cady argues he is exempt from the above section because the structure is a
shed and does not exceed over 120 square feet inside.
19997 Uniform Building Code Section 106.2 Work Exempt from
Permit. A building permit shall not be required for the following:
1. One- story detached accessory buildings used as tool and
storage sheds, playhouses, and similar uses, provided the floor
area does not exceed 120 square feet. (emphasis added)
1997 Uniform Building Code Section 207 FLOOR AREA: is the area
included within the surrounding exterior walls of a building or portion
thereof, exclusive of vent shafts and courts. The floor area of a
building, or portion thereof, not provided with surrounding exterior walls
shall be the usable area under the horizontal projection of the roof or
floor above. (emphasis added)
The structure in question has a deck area that is not provided with surrounding
exterior walls. The standard of measurement is the usable area under the
horizontal projection of the roof. Based on the testimony of Building Official,
Larry Waters, the measurement of the horizontal projection of the roof exceeds
120 square feet. The hearing examiner finds that the shed is not exempt from the
permit requirement as the projected roof area exceeds 120 square feet.
The hearing examiner finds Mr. Cady and Ms. Lemonnier in violation of this
provision.
COUNT II
8
COUNT(2) On or about May 7, 2004, Cady/Lemonnier did own, use, control,
maintain, or possess a structure, unlawfully located within the regulated buffer
associated with the Hood Canal Shoreline, on tax parcel number 32412-11-90004.
The location of the unpermitted structure constitutes a violation of Mason County
Development Code section 15.13.020. The structure's location constitutes a
violation of Mason County Resource Ordinance section 17.01.110(G)(1)(c)
17.01.110G(1)(c): A Mason Environmental Permit shall be
obtained from the County, using the administrative review process in
this Chapter, before undertaking the following activities in FWHCAs
(Fish Wildlife, Habitat Conservation Areas) or their buffers
1. A Habitat Management Plan (shall be prepared for these
activities:
c. New residential Construction and Major New
Development: New residential construction and Major
new development is not permitted within Fish and
Wildlife Conservation Areas or associated buffers . . .
except as approved through a variance or reasonable use
exception as provided in subsection K."
On May 29, 2003, Ms. French determined that the structure in question is located
approximately 20 feet to 30 feet from the Ordinary High Water Mark of Hood
Canal. On the Cady/Lemonnier parcel, the regulated buffer extends 100' upland
from the Ordinary High Water Mark.
The parcel directly to the left of the subject parcel (when facing the water) is
vacant. A residence is located on the parcel directly to the right of the subject
parcel. However, it appears to be located at least 50' upland from Ordinary High
Water. It is not certain that the structure on the parcel directly to the right of the
subject parcel is located within 150' of the property line(line dividing the two
parcels). If it is a special provision for reduction will apply. However, even if the
special provision for reduction does apply to the site, the structure in question will
still be located within the reduced buffer,which would range from more than 50'
from Ordinary High Water to slightly less than 100' from Ordinary High Water.
Consequently, the structure's location would still constitute a violation.
The structure's location constitutes a violation and Mr. Cady and Ms. Lemonnier
are in violation of this ordinance
9
COUNT III
On or about May 7, 2004, Cady/Lemonnier did own, use, control, maintain, or
possess a structure unlawfully located within a Landslide Hazard Area, on tax
parcel number 32412-11-90004. The location of the unpermitted structure
constitutes a violation of Mason County Development Code section 15.13.020,
to wit: Construction in a Landslide Hazard Area, absent permit approval,
constitutes a violation of Mason County Resource Ordinance section
17.01.100(C)(2).
17.01.100 A. Classification
1. The following shall be classified as Landslide Hazard Areas.
f. Any area with a slope of forty percent or steeper and with a
vertical relief of ten or more feet...
On May 29, 2003, Mason County Planning and Code Enforcement Officer, Kristen
French determined that the structure in question is located on, and within 250' of,
slopes that exceed 40%.
The hearing examiner finds that the site in question is classified as a Landslide
Hazard Area, pursuant to Mason County Resource Ordinance section
17.01.100(A).
17.01.100 C. Land Uses
2. Permit Required Uses:
Permits are required for all new construction, grading, land
clearing, and others uses
Construction in a Landslide Hazard Area, absent permit approval, constitutes a
violation of Mason County Resource Ordinance section 17.01.100(C)(2).
Therefore, Mr. Cady and Ms. Lemonnier are in violation of this ordinance.
COUNT IV
On or about May 7, 2004, Cady/Lemonnier did own, use, control, maintain, or
possess a structure unlawfully located within the regulated buffer associated with a
Type V Stream, on tax parcel number 32412-11-90004. The location of the
unpermitted structure constitutes a violation of Mason County Development
Code section 15.13.020, to wit: Construction in the regulated building setback
10
area, absent permit approval, constitutes a violation of Mason County Resource
Ordinance section 17.01.110(G)(1)(c).
Mason County Resource Ordinance section 17.01.110(D), Type V
Streams have associated 75' associated buffers and additional 15' building
setback distances from the buffer a total edge for required setback distance
(
of 90').
On May 29, 2003, Mason County Planner and Code Enforcement Officer Kristen
French determined that there is a Type 5 Stream channel and that the structure in
question is located within 85' feet the Type 5 Stream channel.
Therefore any structure would require a total setback distance of 90 feet.
17.01.110 Fish and Wildlife Habitat Conservation Areas
(G) Development and Activities Requiring a Mason Environmental
Permit in Fish and Wildlife Habitat Conservation Areas or Their
Buffers.
(1) A Habitat Management Plan (HMP) shall be prepared for
these activities:
(c) New Residential Construction and Major New Development:
New residential construction and major new development is not
permitted within FWHCA or its buffer, except for the activities
listed in this subsection or approved through a variance or
reasonable use exception as provided in Subsection K.
Construction in the regulated building setback area, absent permit approval,
constitutes a violation of Mason County Resource Ordinance section
17.01.110(G)(1)(c). Mr. Cady and Ms. Lemonnier constructed a shed in this
regulated building setback area without a permit. Therefore, the hearing examiner
finds them in violation of this ordinance.
COUNT V
On or about July 15, 2003, grading occurred in a Landslide Hazard Area or the
associated buffer, on tax parcel number 32412-11-90004, absent required permit
review and approval. Parcel 32212-34-00080 is owned, used, controlled,
maintained, or possessed by Cady/Lemonnier. The grading activity constitutes a
violation of Mason County Development Code section 15.13.020, to wit:
Grading activity in a Landslide Hazard Area or associated buffer, absent permit
approval, constitutes a violation of Mason County Resource Ordinance section
17.01.100(C)(2).
11
17.01.100 A. Classification
2. The following shall be classified as Landslide Hazard Areas.
f. Any area with a slope of forty percent or steeper and with a
vertical relief of ten or more feet...
On July 15, 2003, Ms. French evaluated a portion of the parcel located across State
Highway 101. Ms. French determined that recent grading activity occurred within
250' of slopes that exceed 40%. This portion of the site is classified as a Landslide
Hazard Area, pursuant to Mason County Resource Ordinance section
17.01.100(A).
17.01.100 C. Land Uses
2. Permit Required Uses:
Permits are required for all new construction, grading, land
clearing, and others uses
Ms. French found that within this Landslide Hazard Area, an area approximately
21' x 21' was graded with fill pushed over the slope directly above Highway 101.
Grading activity in a Landslide Hazard Area or associated buffer, absent permit
approval, constitutes a violation of Mason County Resource Ordinance section
17.01.100(C)(2). Mr. Cady and Ms. Lemonnier are found in violation of this
ordinance
DECISION
Based upon the preceding Findings of Fact and Conclusions of Law,the hearing
examiner affirms Violations Counts I-V of cause number HEX2004-00027 tax
parcel number 32412-11-90004. The Examiner orders Steve Cady and Debbie
Lemonnier to achieve compliance as to violations with Mason County Regulations
identified in the Advisory Report of this action, dated May 17, 2004. Compliance
must be completed by August 30, 2004 unless otherwise approved by Mason
County.
The hearing examiner imposes a $5,000.00 fine (a $1,000.00 fine on each
violation). $500.00 of the fine is due and payable within thirty (30) of service of
this decision. The remaining $4,500.00 will become fully due and payable within
12
I
sixtyof service of this decision if compliance has not been achieved
(60) days Y p
(unless otherwise approved by Mason County).
Mr. Cady and Ms. Lemonnier shall reimburse Mason County within thirty days of
service of this decision for cost incurred by the County in pursing this matter
1. Notice of Civil Violation/Staff Report
4 hours at $52.30/hr $209.20
2. Consultation with attorney Darren Nienaber
Y2 hour at $75.00/hr $ 37.50
Total Mason County Costs $246.70
Further, Mr. Cady and Ms. Lemonnier shall pay shall reimburse Mason County
within thirty days of service of this decision for Hearing Examiner costs in the
amount of$600.00.
TOTAL COSTS
$246.70 (Mason County staff)
600.00 (Hearing Examiner)
Total Costs $846.70
The Examiner retains jurisdiction over this matter to clarify and/or modify the
terms of these correction requirements until the violations are corrected or the
County seeks a separate enforcement action to enforce the terms of this decision.
Decision issued on the 30 day of �VI , 2004.
L�—' n\1PzC1\-1y
Kriste Olbrechts, Hearing Examiner
NOTICE OF RIGHT OF RECONSIDERATION AND APPEAL
Appeal to Superior Court. An appeal of the decision of the Hearing Examiner
must be filed with Superior Court within twenty-one calendar days, as required by
the Land Use Petition Act, Chapter 36.70C RCW.
13
Exhibit List
Steve Cady and Debbie Lemonnier
32412-11-90004
HEX2004-00027
Exhibit 1 — Staff Report
Attachment A Copies of applicable ordinances
Attachment B Assessor's tax records
Attachment C 4/17/00 Building Department Letter of
-Incompleteness and 4/13/00 Stop Work Order
Attachment D Copy of BLD2000-00623
Attachment E 7/11/00 Planning Department Letter of Hold
Status, Order of Invalidity Information
Attachment F 6/20/03 letter to owners(notification of
incomplete status and submittal requirements
detailed
Attachment G 1/15/04 letter to owners(pending permit
cancellation
Attachment H 4/9/04 letter to owners(permit cancellation
Attachment I 5/29/03 site inspection notes/photographs
Attachment J 7/15/03 site inspection notes/photographs
Attachment K 6/29/00 letter of incompleteness from Building
-Department
Attachment L 11/9/01 letter of complaint from citizen
regarding the cabin
Attachment M 11/14/01 letter in response to complaint letter
Attachment N 2/25/03 Second Stop Work Order
-...,posting/photographs
Attachment O 6/23/03 Fax to Steve Cad
Attachment P 6/25/03 Fax to Steve Cady
Attachment Q 7/7/03 phone conversation notes
Attachment R 7/29/03 letter to owners
Attachment S 5/7/04 Notice of Hearing and Notice of Civil
Violation
Attachment T 5/11/04 Fax confirmation sheet,Notice of
Hearing and Notice of Civil Violation faxed to
Steve Cad
Exhibit 2 — Faxed copy of Staff Report sent to Steve Cady, confirmation
Receipt
Exhibit 3 — Staff Qualification Descriptions
�xl,�b ,� i
MASON COUNTY Shelton (360) 427-9670
DEPARTMENT OF COMMUNITY DEVELOPM
ENT Belfair (360) 275-4467
Planning Elma (360) 482-5269
Mason County Bldg. 1 411 N.5th
P.O. Box 279 Shelton,WA 98584
DEPARTMENT OF COMMUNITY DEVELOPMENT
PLANNING DIVISION
ADVISORY REPORT
FINDINGS,CONCLUSIONS,AND RECOMMENDATIONS
To: Kristen Olbrechts,Hearing Examiner
From:
Kristin French
Code Enforcement Planner
Date: May 17, 2004
File: Steve Cady and Debbie Lemonnier
32412-11-90004
HEX2004-00027
Hearing
Information: May 19, 2004, at 1:00 pm
Mason County Building One
Commissioners' Chambers
411 N. 5`h
Shelton, WA 98584
I. INTRODUCTION
A. Defendant Information
1. Defendants: Steve Cady and Debbie Lemonnier(ATT B)
2. Site Location: Tax Parcel Number 32412-11-90004 Mason County,
Washington.
B. Violations (as detailed in NOTICE OF CIVIL VIOLATION): Highlighted
text references the applicable law. Citations are to text"as adopted,"with
copies of the applicable text attached following this Staff Report. (ATT A)
COUNT (1)On or about May 7, 2004, Steve Cady and Debbie Lemonnier(hereafter
"Cady/Lemonnier") did own,use, control,maintain, or possess a structure constructed
absent required Building Permit review and approval. The structure is located on tax
parcel number 32412-11-90004, and the structure constitutes a violation of Mason
County Development Code section 15.13.020,to wit:
Page 1 of 9
On April 13, 2000, a Stop Work Order was posted by the Mason County Building
Department for failure to obtain a Building Permit to address permit required
construction. Mason County Title 14,section 14.08.030 adopts Uniform Building
Code section 106.1,which provides that except as specified in UBC section 106.2,no
building or structure regulated by the code shall be erected, altered,repaired,moved,
improved,removed, converted or demolished unless a separate permit for each building
or structure has first been obtained from the Building Official. In posting the Stop Work
Order, the Building Department informed the owner that the construction in question
required Building Permit approval. (ATT C) In response to the posting,the owner
submitted"after the fact"Building Permit Application Number BLD2000-00623.
The Permit application was submitted"after the fact"to address permit-
required construction that occurred absent permit review or approval. A Stop
Work Order was posted on April 13,2000 for failure to obtain a Building
Permit. The Stop Work Order was posted by Building Department staff Larry
Waters,to specifically address construction of a shed-type structure with an
associated covered deck(footprint of construction approximately 20' x 16.5'). In
response to the Stop Work Order,Cady/Lemonnier submitted Building Permit
application number BLD2000-00623. (ATT D) The Building Permit application
was placed "On Hold"with Mason County,as detailed in a letter mailed to
Cady/Lemonnier on July 11, 2000. (ATT E)At the time of permit application,
Mason County was subject to an Order of Invalidity imposed by the Western
Washington Growth Management Hearings Board (effective January 14, 1999).
The Order of Invalidity prohibited the approval of BLD2000-00623 by Mason
County,until recision of the Order.
On June 20, 2003,the owners were provided written notification(first class and certified)
regarding the incomplete status of BLD2000-00623. (ATT F)Additional submittal
requirements were detailed and provided to the owner. On January 15, 2004,the owners
were provided written notification(first class and certified)advising that application
number BLD2000-00623 would be cancelled on February 15, 2004 if appropriate
submittals were not submitted by that date. (ATT G) On April 9, 2004, the owners were
provided written notification first class and certified) advising that application number
BLD2000-00623 was cancelled, as the application remained incomplete. (ATT H) The
structure in question remains in its location on tax parcel number 32412-11-90004, in
violation of Mason County Title 14,section 14.08.030.
COUNT (2) On or about May 7,2004, Cady/Lemonnier did own, use, control, maintain,
or possess a structure,unlawfully located within the regulated buffer associated with the
Hood Canal Shoreline, on tax parcel number 32412-11-90004. The location of the
unpermitted structure constitutes a violation of Mason County Development Code
section 15.13.020,to wit:
On May 29, 2003, I conducted a site inspection(ATT I) associated with a Building
Permit application(BLD2000-00623)which has been"On Hold"with Mason County
since the date of submission(approximately May 17, 2000).
Page 2 of 9
The Permit application was submitted "after the fact"to address permit-
required construction that occurred absent permit review or approval. A
Stop Work Order was posted on April 13, 2000 for failure to obtain a
Building Permit. The Stop Work Order was posted by Building
Department staff Larry Waters, to specifically address construction of a
shed-type structure with an associated covered deck(footprint of
construction approximately 20' x 16.5'). In response to the Stop Work
Order, Cady/Lemonnier submitted Building Permit application number
BLD2000-00623. The Building Permit application was placed "On Hold"
with Mason County, as detailed in a letter mailed to Cady/Lemonnier on
July 11, 2000. At the time of permit application, Mason County was
subject to an Order of Invalidity imposed by the Western Washington
Growth Management Hearings Board (effective January 14, 1999). The
Order of Invalidity prohibited the approval of BLD2000-00623 by Mason
County, until recision of the Order.
On May 29, 2003, I determined that the structure in question is located approximately 20'
—30' from the Ordinary High Water Mark of Hood Canal. This location constitutes a
violation of Mason County Resource Ordinance section 17.01.110(G)(1)(c). Mason
County Resource Ordinance section 17.01.110(G)provides that"A Mason
Environmental Permit shall be obtained . . . before undertaking . . . [new residential
construction and major new development in the regulated buffer]. New residential
construction and major new development is not permitted within Fish and Wildlife
Conservation Areas or associated buffers . . . except as approved through a variance or
reasonable use exception as provided in subsection K." On parcel number 32412-11-
90004, the regulated buffer extends 100' upland from the Ordinary High Water Mark.
This 100' buffer may be reduced pursuant to Mason County Resource Ordinance section
17.01.110 (D)(2),but it does not appear that the special provision for reduction applies to
this site.
The parcel directly to the left of the subject parcel (when facing the water) is vacant. A
residence is located on the parcel directly to the right of the subject parcel. However, it
appears to be located at least 50' upland from Ordinary High Water. I am not certain that
the structure on the parcel directly to the right of the subject parcel is located within 150'
of the property line (line dividing the two parcels). If it is, the special provision for
reduction will apply.
However, even if the special provision for reduction does apply to the site,the
structure in question will still be located within the reduced buffer,which would
range from more than 50' from Ordinary High Water to slightly less than 100' from
Ordinary High Water. Consequently, the structure's location constitutes a violation
of Mason County Resource Ordinance section 17.01.110(G)(1)(c).
COUNT (3) On or about May 7, 2004, Cady/Lemonnier did own, use, control, maintain,
or possess a structure unlawfully located within a Landslide Hazard Area, on tax parcel
Page 3 of 9
number 32412-11-90004. The location of the unpermitted structure constitutes a
violation of Mason County Development Code section 15.13.020,to wit:
On May 29,2003, I conducted a site inspection(ATT I)associated with a Building
Permit application(BLD2000-00623)which has been"On Hold"with Mason County
since the date of submission(approximately May 17,2000).
The Permit application was submitted"after the fact"to address permit-
required construction that occurred absent permit review or approval. A
Stop Work Order was posted on April 13,2000 for failure to obtain a
Building Permit. The Stop Work Order was posted by Building
Department staff Larry Waters,to specifically address construction of a
shed-type structure with an associated covered deck(footprint of
construction approximately 20' x 16.5'). In response to the Stop Work
Order, Cady/Lemonnier submitted Building Permit application number
BLD2000-00623. The Building Permit application was placed"On Hold"
with Mason County, as detailed in a letter mailed to Cady/Lemonnier on
July 11, 2000. At the time of permit application,Mason County was
subject to an Order of Invalidity imposed by the Western Washington
Growth Management Hearings Board(effective January 14, 1999). The
Order of Invalidity prohibited the approval of BLD2000-00623 by Mason
County,until recision of the Order.
On May 29,2003, I determined that the structure in question is located on, and within
250' of, slopes that exceed 40%. The site in question is classified as a Landslide Hazard
Area,pursuant to Mason County Resource Ordinance section 17.01.100(A).
Construction in a Landslide Hazard Area, absent permit approval, constitutes a violation
of Mason County Resource Ordinance section 17.01.100(C)(2).
COUNT(4) On or about May 7, 2004, Cady/Lemonnier did own, use, control,maintain,
or possess a structure unlawfully located within the regulated buffer associated with a
Type V Stream, on tax parcel number 32412-11-90004. The location of the unpermitted
structure constitutes a violation of Mason County Development Code section
15.13.020,to wit:
On May 29, 2003, I conducted a site inspection(ATT I) associated with a Building
Permit application(BLD2000-00623)which has been "On Hold"with Mason County
since the date of submission(approximately May 17,2000).
The Permit application was submitted"after the fact"to address permit-
required construction that occurred absent permit review or approval. A
Stop Work Order was posted on April 13,2000 for failure to obtain a
Building Permit. The Stop Work Order was posted by Building
Department staff Larry Waters,to specifically address construction of a
shed-type structure with an associated covered deck(footprint of
Page 4 of 9
construction approximately 20' x 16.5'). In response to the Stop Work
Order, Cady/Lemonnier submitted Building Permit application number
BLD2000-00623. The Building Permit application was placed"On Hold"
with Mason County, as detailed in a letter mailed to Cady/Lemonnier on
July 11, 2000. At the time of permit application,Mason County was
subject to an Order of Invalidity imposed by the Western Washington
Growth Management Hearings Board(effective January 14, 1999). The
Order of Invalidity prohibited the approval of BLD2000-00623 by Mason
County,until recision of the Order.
On May 29, 2003, I determined that the structure in question is located within 85' feet of
a Type V Stream channel. Pursuant to Mason County Resource Ordinance section
17.0 1.11 O(D),Type V Streams have associated 75' associated buffers and additional 15'
building setback distances from the buffer edge(for a total required setback distance of
90'). Construction in the regulated building setback area, absent permit approval,
constitutes a violation of Mason County Resource Ordinance section
17.01.110(G)(1)(c).
COUNT(5) On or about July 15, 2003, grading occurred in a Landslide Hazard Area or
the associated buffer, on tax parcel number 32412-11-90004, absent required permit
review and approval. Parcel 32212-34-00080 is owned,used, controlled,maintained, or
possessed by Cady/Lemonnier. The grading activity constitutes a violation of Mason
County Development Code section 15.13.020, to wit:
On July 15,2003, I conducted a site inspection(ATT J) associated with a Building
Permit application(BLD2000-00623)which has been"On Hold"with Mason County
since the date of submission(approximately May 17, 2000).
The Permit application was submitted"after the fact"to address permit-
required construction that occurred absent permit review or approval. A
Stop Work Order was posted on April 13,2000 for failure to obtain a
Building Permit. The Stop Work Order was posted by Building
Department staff Larry Waters,to specifically address construction of a
shed-type structure with an associated covered deck(footprint of
construction approximately 20' x 16.5'). In response to the Stop Work
Order, Cady/Lemonnier submitted Building Permit application number
BLD2000-00623. The Building Permit application was placed"On Hold"
with Mason County, as detailed in a letter mailed to Cady/Lemonnier on
July 11,2000. At the time of permit application, Mason County was
subject to an Order of Invalidity imposed by the Western Washington
Growth Management Hearings Board(effective January 14, 1999). The
Order of Invalidity prohibited the approval of BLD2000-00623 by Mason
County, until recision of the Order.
Page 5 of 9
On July 15, 2003, I evaluated a portion of the parcel located across State Highway 101. I
evaluated this portion of the parcel to determine whether any potentially buildable areas
exist in other portions of the parcel (a factor which is considered during the review of
Variance applications). I determined that recent grading activity occurred within 250' of
slopes that exceed 40%. This portion of the site is classified as a Landslide Hazard Area,
pursuant to Mason County Resource Ordinance section 17.01.100(A). Within the
Landslide Hazard Area, an area approximately 21' x 2V was graded with fill pushed over
the slope directly above Highway 101. A cut was also made into the upland slope.
Grading activity in a Landslide Hazard Area or associated buffer, absent permit approval,
constitutes a violation of Mason County Resource Ordinance section 17.01.100(C)(2).
C. Compliance Requirements
Based on the statements of Fact and Attachments in this report, the County
recommends that Steve Cady and Debbie Lemonnier, owners of tax parcel
number 32412-11-90004, achieve compliance with Mason County
regulations by completing the requirements that follow.
IF YOU WISH TO AVOID ADDITIONAL REQUIREMENTS NECESSARY TO
COMPLETE BUILDING PERMIT NUMBER BLD2000-00623:
• Immediately remove the structure including all structural elements and framing after
obtaining Demolition Permit approval. Contact the Mason County Permit Assistance
Center at(360) 427-9670 ext. 284 for information regarding Demolition Permits.
IF YOU WISH TO PURSUE PERMIT APPROVAL FOR THE STRUCTURE IN
QUESTION:
• Immediately submit the following items— Submit required items detailed in the letter
dated July 29, 2003 *letter attached* (Mason County Resource Ordinance Variance
application, Geotechnical Report and Mason Environmental Permit application, and
accurate site plan which specifically identifies the setback distances detailed in the
July 29, 2003 letter.) Please note that application fees have increased slightly as of
January 1, 2004. Contact the Planning Department Front Counter at (360)427-9670
ext. 281 for current fee information.
II. FINDINGS OF FACT AND CONCLUSIONS
A. Case Chronology
1. On April 13, 2000, a Stop Work Order was posted on parcel number
32412-11-90004 for failure to obtain a building permit. The Stop
Work Order was posted by Building Official Larry Waters. (ATT C)
2. On May 17, 2000, Steve Cady submitted Building Permit application
number BLD2000-00623 in response to the Stop Work Order. (ATT
D)
Page 6 of 9
3. On June 29, 2000, a letter of incompleteness was mailed by Building
Department Staff Michael Barth,detailing additional plan-related
requirements necessary to complete the application. (ATT K-)-
4. On July 11,2000, a letter was mailed to Steve Cady by Planning
Director Dave Salzer. Please see the letter for details. To summarize,
at the time the permit application was submitted,Mason County
regulations were subject to an Order of Invalidity imposed by the
Western Washington Growth Management Hearings Board. Because
the proposal (shed in question) did not meet any of the invalidity
exemption criteria pursuant to RCW 36.70A.302,the permit was
placed on"hold,"with no vesting,pending rescission of the Order of
Invalidity. (ATT E)
5. On November 9, 2001, a letter of complaint was submitted to the
Mason County Building Department,alleging that the building is
being used as a cabin and expressing related concerns. (ATT L)
6. On November 14, 2001, a response letter was mailed to the
complainant by Building Department staff Tami Griffey. At the time
of receipt of the letter of complaint,the Order of Invalidity was still in
effect against Mason County and the Building Permit application
submitted to address the unpermitted construction was still"on hold."
(ATT M)
7. The Order of Invalidity was lifted as follows:
• Critical Areas regulations valid: June 6,2003
• Rural Commercial rezone regulations valid: June 6,2003
• Rural Lands/Development Matrix: August 14,2002
8. On February 25,2003, Building Department staff Mark Core posted a
second Stop Work Order for construction of a cabin absent required
permits. The owner was advised to obtain permits or remove the
structure within 21 days. (ATT N)
9. On May 29,2003,I performed an inspection of the parcel to verify
current site conditions. I observed and photographed the structure in
question. (ATT I)
10. On June 24, 2004, correspondence dated June 20, 2003 was mailed to
the owner first class and certified, detailing the issues and compliance
requirements. A compliance due date of July 25, 2003 was set. The
certified mailing was signed for by Debbie Lemonnier. (ATT F)
11. On June 23,2003, a detailed fax was sent to Mr. Cady. Fax
confirmation was received. (ATT O)
12. On June 25, 2004, a second detailed fax was sent to Mr. Cady. Fax
confirmation was received. (ATT P)
13. On July 7, 2003, 1 spoke with Steve Cady over the phone. He advised
that he intended to submit all of the necessary applications to attempt
to retain the structure in its present location. (ATT Q)
14. On July 30, 2003,correspondence dated July 29, 2003 was mailed to
Mr. Cady first class and certified. The correspondence detailed
application requirements and application forms were enclosed. The
Page 7 of 9
first class mailing was not returned,but the certified mailing was
unclaimed. (ATT R)
15. On January 15, 2004, a letter advising that the Building Permit
application would be cancelled for lack of completeness was mailed to
the owners. (ATT G)
16. On April 9, 2004, a letter advising that Building Permit application
number BLD2000-00623 was cancelled was mailed to the owners first
class and certified. The first class mailing was not returned,but the
certified mailing was unclaimed. (ATT H)
17. On May 7,2004, a Notice of Civil Violation and Notice of Hearing
was mailed to the owners first class and certified. Neither mailing was
returned. (ATT S)
18.On May 10, 2004, I faxed a copy of the Notice of Civil Violation and
Notice of Hearing to Steve Cady. Fax confirmation was received.
(ATT T)
III. RECOMMENDATION
The County requests that a fine amount of$5,000 be imposed($1,000
per count for five counts, in accordance with Mason County
Development Code section 15.13.050),with$800 on each count
($4,000 total)to be suspended if compliance is achieved as requested
above. The County recommends that$1,000 become due and payable
within thirty(30)days of service of the Hearing Examiner's Final
Decision and Order. The County recommends that the remaining
$4,000 become fully due and payable within sixty(60)days of service
of the Hearing Examiner's Final Decision and Order if complete
compliance has not been achieved..
The County recommends that the defendant be found responsible for
costs incurred by the County in pursuing this matter and for the cost of
the Hearing Examiner's involvement in this matter. The County
recommends that the costs itemized below become fully due and
payable within thirty(30)days of service of the Hearing Examiner's
Final Decision and Order. The County is providing the following
itemized account of the expenses incurred as required by section
15.13.055:
Page 8 of 9
1. Notice of Civil Violation/Staff Report
4 hours
$52.30/hr $209.20
2. Consultation with attorney Darren Nienaber
1/2 hour
$75.00/hr $ 37.50
4. Hearing Examiner Expense $Amount to be tabulated
by the Hearing Examiner
and included in the
Decision and Order.
TOTAL: $246.70 plus
Hearing
Examiner
costs
imposed
Signed �`-�-- ��— Dated ')"K 7 ZOU
Title/Authority �� ^ ' 1Z e�
Page 9 of 9
ATTACHMENT
A
1997 UNIFORM BUILDING CODE
104.2.5
106.2
104.2.5 Occupancy violations. Whenever any building or Test methods shall be as specified by this code or by other rec-
structure or equipment therein regulated by this code is being used ognized test standards.If there are no recognized and accepted test
contrary to the provisions of this code,the building official may methods for the proposed alternate,the building official shall de-
order such use discontinued and the structure,or portion thereof, termine test procedures.
vacated by notice served on any person causing such use to be con- All tests shall be made by an approved agency.Reports of such
tinued.Such person shall discontinue the use within the time pre- tests shall be retained by the building official for the period re-
scribed by the building official after receipt of such notice to make quired for the retention of public records.
the structure,or portion thereof,comply with the requirements of
this code. 104.2.10 Cooperation of other officials and officers. The
building official may request,and shall receive,the assistance and
104.2.6 Liability. The building official charged with the en- cooperation of other officials of this jurisdiction so far as is re-
forcement of this code,acting in good faith and without malice in quired in the discharge of the duties required by this code or other
the discharge of the duties required by this code or other pertinent pertinent law or ordinance.
law or ordinance shall not thereby be rendered personally liable
for damages that may accrue to persons or property as a result of an
act or by reason of an act or omission in the discharge of such du- SECTION 105—BOARD OF APPEALS
ties.A suit brought against the building official or employee be-
_._ _ official or 105.1 General. In order to hear and decide appeals of orders,de-
cause of such act or omission performed by the building oemployee in the enforcement of any provision of such codes or cisions or determinations made by the building official relative to
the application and interpretation of this code,there shall be and is
other pertinent laws or ordinances implemented through the en-
forcement of this code or enforced by the code enforcement hereby created a board of appeals consisting of members who are
agency shall be defended by this jurisdiction until final termina- qualified by experience and training to pass on matters pertaining
tion of such proceedings,and any judgment resulting therefrom to building construction and who are not employees of the juris-
shall be assumed by this jurisdiction. diction.The building official shall be an ex officio member of and
shall act as secretary to said board but shall'have no vote on any
This code shall not be construed to relieve from or lessen the re- matter before the board.The board of appeals shall be appointed
sponsibility of any person owning, operating or controlling any by the governing body and shall hold office at its pleasure.The
building or structure for any damages to persons or property board shall adopt rules of procedure for conducting its business,
caused by defects,nor shall the code enforcement agency or its and shall render all decisions and findings in writing to the appel-
parent jurisdiction be held as assuming any such liability by rea- lant with a duplicate copy to the building official.
son of the inspections authorized by this code or any permits or 105.2 Limitations of Authority. The board of appeals shall
certificates issued under this code.
have no authority relative to interpretation of the administrative
104.2.7 Modifications. When there are practical difficulties in- "' provisions of this code nor shall the board be empowered to waive
volved in carrying out the provisions of this code,the building of- requirements of this code.
ficial may grant modifications for individual cases.The building
official first find that a special individual reason makes the PSESON 106—PERMITSs Etter of this code impractical and that the modification is in ',conformance with the intent and purpose of this code and that such 1 Petits Requid. Except as specified in Section 1 . ,
modification does not lessen any fire-protection requirements or no building or structure regulated by this code shall be erected,
any degree of structural integrity.The details of any action grant- constructed, enlarged, altered, repaired, moved, improved, re-
ing modifications shall be recorded and entered in the files of the moved,converted or demolished unless a separate permit for each
code enforcement agency. building or structure has first been obtained from the building off,,
104.2.8>Jtemate materials,alternate design and methods of _ r.
construction. The provisions of this code are not intended to pre- 106.2 Work Exempt from P&Mt. A building permit shall not
vent the use of any material, alternate design or method of be required for the following:
construction not specifically prescribed by this code, provided
any alternate has been approved and its use authorized by the 1. One-story detached accessory buildings used as tool and
storage sheds, playhouses, and similar uses, provided the floor
building official.
area does not exceed 120 square feet(11.15 m ).
The building official may approve any such alternate,provided 2 Fences not over 6 feet(1829 mm)high.
the building official finds that the proposed design is satisfactory
and complies with the provisions of this code and that the material, 3. Oil derricks.
method or work offered is,for the purpose intended,at least the 4. Movable cases, counters and partitions not over 5 feet
equivalent of that prescribed in this code in suitability,strength, 9 inches(1753 mm)high.
effectiveness,fire resistance,durability,safety and sanitation.
5. Retaining walls that are not over 4 feet(1219 min)in height
The building official shall require that sufficient evidence or measured from the bottom of the footing to the top of the wall,un-
proof be submitted to substantiate any claims that may be made less supporting a surcharge or impounding Class I,II or III-A liq-
regarding its use.The details of any action granting approval of an uids.
alternate shall be recorded and entered in the files of the code en-
forcement agency. 6. Water tanks supported directly upon grade if the capacity
does not exceed 5,000 gallons(18 927 L)and the ratio of height to
104.2.9 Tests. Whenever there is insufficient evidence of com- diameter or width does not exceed 2:1.
pliance with any of the provisions of this code or evidence that any 7. Platforms, walks and driveways not more than 30 inches
material or construction does not conform to the requirements of (762 mm)above grade and not over any basement or story below.
this code,the building official may require tests as proof of com-
pliance to be made at no expense to this jurisdiction. 8. Painting,papering and similar finish work.
1-2
CHAPTER 15.13
ENFORCEMENT
ec ions: ages:
15.13.005 SEVERABILITY 27
15.13.010 ENFORCING OFFICIAL; AUTHORITY 27
15.13.020 PENALTY 27
15.13.030 APPLICATION 28
15.13.035 WARNING NOTICE 29
15.13.040 NOTICE OF CIVIL VIOLATION 29
15.13.045 HEARING BEFORE THE HEARING EXAMINER 29
15.13.050 CIVIL FINES 31
15.13.055 COST RECOVERY 32
15.13.060 REVIEW OF APPROVED PERMITS 33
15.13.070 REVOCATION OR MODIFICATION OF PERMITS AND
APPROVALS 33
15.13.005 SEVERABILITY
This Ordinance shall be governed by the laws of the State of Washington. In the event that any
portion or section of this Ordinance be declared invalid or unconstitutional by a court of
competent jurisdiction,the remainder of the Ordinance shall not be affected and shall remain in
full force and effect.
15.13.010 ENFORCING OFFICIAL; AUTHORITY
The review authority shall be responsible for enforcing those codes and ordinances to which this
title applies, and may adopt administrative rules to meet that responsibility. The review authority
may delegate enforcement responsibility, as appropriate. An employee of one review authority
department may commence an enforcement action of violations of codes and regulations of other
departments.
15.13.020 PENALTY
Non-conforming structures and other non-conforming land modifications shall be
a continuing violation. Every day of violation shall be a separate violation. It shall be a violation
to own, use, control, maintain, or possess a portion of any premises which has been constructed,
equipped, maintained, controlled, or used in violation of any of the applicable provisions, MCC
15.03.005, in this Title. Structures or activities which were made or conducted without a permit,
when a permit was required at the time of first action, do not vest and require current permits.
Any,person, firm, or corporation who violates or who solicits, aids, or attempts a violation are
accountable under this Chapter and are subject to the penalty provision as well as the Hearing
Examiner process.
B. Compliance with the requirements of those codes and regulations listed under
MCC 15.03.005 shall be mandatory, and violations of those codes are wit
hin lthm the purview of this
Chapter.
MASON COUNTY CODE TITLE 15-DEVELOPMENT CODE — July 2003 version PAGE 27
C. Any private party who intentionally, recklessly, or negligently violates any of the
applicable codes, regulations and ordinances is guilty of a misdemeanor. This includes,but is not
limited to, a violation of notice and order, a violation of notice of civil violation, a violation of a
warning notice, a violation of a stop work order,violation of a do not occupy order, and failure to
comply with orders of the hearings examiner. Any person convicted of a misdemeanor under this
-- no more an ve un a oars, or y impnsonment no
to exceed ninety days, or by both, unless otherwise required by state laws. Each such person is
guilty of a separate offense for each and every day during any portion of which any violation of
any of the applicable provisions is committed, continued,permitted,or aided by any such person.
D. Notwithstanding the provisions of any other code, the Review Authority is
authorized to issue civil infractions for violations of any provision of any code or regulation
listed under Title 15.03.005. The enforcement officer may issue a civil infraction ticket of up to
$250 for the first violation and up to $500 for the second and subsequent violations. Second and
subsequent violations refer to any violation of any provision of Title 15.03.005 within two years
of the first violation. A violator is 1) one who owns the property and knows the violation is
occurring, and fails to take action to abate it; 2)one who causes the violation to occur or solicits,
commissions, requests, or aids the violation; 3) one who has a virtual exclusive right to possess
the land, as in a tenant, equitable title owner, or trust beneficiary, and who aids, abets,
commissions, solicits, requests, or knowingly allows a violation to occur on the land; or 4)to the
maximum extent allowed under Washington law, any company whose employee or employees
violates any provision of Title 15. Proof in District Court shall be by a preponderance of the
evidence..To the extent that there is no conflict with this regulation,all such civil infractions
under this regulation shall be governed by the standards and procedures set forth in Revised Code
of Washington 7.80(Civil Infractions). Each day of the violation shall be considered a separate
offense.
15.13.030 APPLICATION
A. Actions under this chapter may be taken in any order deemed necessary or
desirable by the review authority to achieve the purpose of this chapter or of the Development
Code.
B. Proof of a violation of a development permit shall constitute prima facie evidence
that the violation is that of the applicant and/or owner of the property upon which the violation
exists. An enforcement action under this chapter against the owner and/or applicant shall not
relieve or prevent enforcement under this chapter or other ordinance against any other
responsible person, which,to the extent allowed by state law, includes an officer or agent of a
business or nonprofit organization who, while violating the applicable provisions, is acting on
behalf of, or in representation of, the organization.
C. Where property has been subjected to an activity in violation of this Chapter,the
County may bring an action against the owner of such land or the operator who performed the
violation. In addition, in the event of intentional or knowing violation of this Chapter, the Court
may, upon the County's request, deny authorization of any permit or development approval on
said property for a period up to ten(10)years from the date of unauthorized clearing or grading.
While a case is pending in Court, the County shall not authorize or grant any permit or approval
of development on said property.
D. Nothing in this chapter shall be construed to prevent the application of other
procedures, penalties or remedies as provided in the applicable code or ordinance.
MASON COUNTY CODE TITLE 15-DEVELOPMENT CODE - July 2003 version PAGE 28
15.13.035 WARNING NOTICE
Prior to other enforcement action, and at the option of the review authority, a warning notice may
be issued. This notification is to inform parties of practices which constitute or will constitute a
violation of the development code or other development regulation as incorporated by reference
and may specify corrective action. This warning notice may be sent by,certified/registered mail,
posted on site or delivered by other means. The parties shall respond othe county within 20 days
of the postmark,posting on site,or delivery of the notice
15.13.040 NOTICE OF CIVIL VIOLATION
A. Authority. A notice of civil violation may be issued and served upon a person if
any activity by or at the direction of that person is, has been, or may be taken in violation of the
applicable codes under Section 15.03.005. A landowner,tenant, or contractor may each be held
separately and joint and severally responsible for violations of the applicable codes and
regulations.
B. Notice. A notice of civil violation shall be deemed served and shall be effective
when posted at the location of the violation and/or delivered to any person at the location and/or
mailed first class to the owner or other person having responsibility for the location and not
returned.
C. Content. A notice of civil violation shall set forth:
1. The name and address of the person to whom it is directed.
2. The location and specific description of the violation.
3. A notice that the order is effective immediately upon posting at,the site and/or
receipt by the person to whom it is directed.
4. An order that the violation immediately cease, or that the potential violation be
avoided.
5. An order that the person stop work until correction and/or remediation of the
violation as specified in the order.
6. A specific description of the actions required to correct,remedy, or avoid the
violation, including a time limit to complete such actions.
7. A notice that failure to comply with the regulatory,order may result in further
enforcement actions, including civil fines and criminal penalties.
8. A notice of the date, time and place of appearance before the Hearing Examiner
as provided in section 15.13.045.
D. Remedial Action. The review authority may require any action reasonably
calculated to correct or abate the violation, including but not limited to replacement,repair,
supplementation, revegetation, or restoration.
15.13.045 HEARING BEFORE THE HEARING EXAMINER
A. A person to whom a notice of a civil violation is issued will be scheduled to
appear before the Hearings Examiner after the notice of civil violation is issued. Extensions may
be granted at the discretion of the appropriate Review Authority.
B. Correction of Violation. 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.
C. Procedure. The Hearings Examiner shall conduct a hearing on the civil violation
pursuant to the rules of procedure of the Hearings Examiner. The applicable Review Authority
MASON COUNTY CODE TITLE 15-DEVELOPMENT CODE — July 2003 version PAGE 29
and the person to whom the notice of civil violation was directed may participate as parties in the
hearing and each party may call witnesses. The county shall have the burden of proof to
demonstrate by a preponderance of evidence that a violation has occurred or imminently may
occur and that the required corrective action will correct the violation. A Hearing Examiner's
order may prohibit future action, and violations of that order may lead to penalties under this
-accorded substantial
weight by the Hearings Examiner in determining the reasonableness of the required corrective
action.
D. Decisions of the Hearings Examiner.
l. The Hearing Examiner shall determine whether the county has established by a
preponderance of the evidence that a violation has occurred and that the required
correction will correct the violations and shall affirm, vacate, or modify the
county's decisions regarding the alleged violation and/or the required corrective
action, with or without written conditions.
2. The Hearing Examiner shall issue an order to the person responsible for the
violation which contains the following information:
a. The decision regarding the alleged violation including findings of fact and
conclusions based thereon in support of the decision;
b. The required corrective action;
C. The date and time by which the correction must be completed;
d. The civil fines assessed based on the criteria in subsection(D)(3)of this
section;
e. The date and time by which the correction must be completed;
3. Civil fines assessed by the Hearing Examiner shall be in accordance with the civil
fine in Section 15.13.050.
a. The Hearing Examiner shall have the following options in assessing civil
fines:
i. Assess was issued and thereafter; or
ii. Assess civil fines beginning on the correction date set by the
applicable Review Authority or alternate correction date set by the
Hearings Examiner and thereafter; or
iii. Assess less than the established civil fine set forth in Section
15.13.050 based on the criteria of subsection(D)(3)(b)of this
section; or
iv. Assess no civil fines.
b. In determining the civil fine assessment, the Hearing Examiner shall
consider the following factors:
i. Whether the person responded to staff attempts to contact the
person and cooperated with efforts to correct the violation;
ii. Whether the person failed to appear at the hearing;
iii. Whether the violation was a repeat violation or if the person has
previously violated the applicable codes, regulations, and
ordinances;
iv. Whether the person showed due diligence and/or substantial
progress in correcting the violation;
V. Whether a genuine code interpretation issue exists; and
vi. Any other relevant factors.
MASON COUNTY CODE TITLE 15-DEVELOPMENT CODE — July 2003 version PAGE 30
C. The Hearing Examiner may double the civil fine schedule if the violation
was a repeat violation or the person has previous violations of the
applicable codes, regulations, or ordinances. In determining the amount of
the civil fine for repeat violations the Hearing Examiner shall consider the
factors set forth in subsection(D)(3)(b) of this section.
'illotice of De cision.Up-on rec ipt o the earmg X-1 Iner,s decision. the Review
Authority shall send by first class mail and by certified mail return receipt
requested a copy of the decision to the person to whom the notice of a civil
violation was issued. The decision of the Hearing Examiner shall be rendered
within 10 working days of the hearing.
E. Failure to Appear. If the person to whom the notice of civil violation was issued
fails to appear at the scheduled hearing, the Hearing Examiner will enter a default order with
findings pursuant to subsection(13)(2)of this section and assess the appropriate civil fine
pursuant to subsection(D)(3) of this section. The county will enforce the Hearing Examiner's
order and any civil fine from that person.
F. Appeal to Superior Court. See Section 15.11.040 Judicial Appeal
15.13.050 CIVIL FINES
A. Authority. A person who violates any provision of the Development Code, or who fails
to obtain any necessary permit,who fails to comply with the conditions of a permit, or
who fails to comply with a notice of civil violation shall be subject to a civil fine.
B. Amount. The civil fine assessed shall not exceed one thousand dollars ($1,000.00)for
each violation, except where the hearings examiner is authorized under this ordinance to
f double the fine. Each separate day, event, action or occurrence shall constitute a separate
violation.
C. Notice.A civil fine shall be imposed by an order of the Hearings Examiner, and shall be
effective when served or posted as set forth in 15.13.040(B).
D. Collection.
1. Civil fines shall be immediately due and payable upon issuance and receipt of
order of the Hearings Examiner. The review authority may issue a stop work order
until such fine is paid.
2. If remission or appeal of the fine is sought, the fine shall be due and payable upon
issuance of a final decision.
3. If a fine remains unpaid 30 days after it becomes due and payable, the review
authority may take actions necessary to recover the fine. Civil fines shall be paid
into the County's general fund unless otherwise provided by ordinance. The
review authority, in its discretion, may determine that assessments in amounts of
$500.00 or more shall be payable in not to exceed three equal annual installments.
The payments shall bear interest equal to that charged on delinquent taxes under
RCW 84.56.020. Such an account in good standing shall not be considered as
delinquent unpaid fines as provided in(D4) in this section.
4. Unpaid fines shall be assessed against the property and be recorded on the
assessment role, and thereafter said assessment shall constitute a special
assessment against and a lien upon the property, provided that fines in excess of
the assessed value shall be a personal obligation of the property owner, and fines
assessed against persons who are not the property owner shall be personal
obligations of those persons.
MASON COUNTY CODE TITLE 15-DEVELOPMENT CODE - July 2003 version PAGE 31
E. Immediately upon its being placed on the assessment roll, the assessment shall be
deemed to be complete, the several amounts assessed shall be payable, and the assessments shall
be liens against the lots or parcels of land assessed,respectively. The lien shall be subordinate to
all existing special assessment liens previously imposed upon the same property and shall be
paramount to all other liens except for state, county and property taxes with which it shall be
ya e —
thereon are paid.
F. All such assessments remaining unpaid after 30 days from the date of recording
on the assessment roll shall become delinquent and shall bear interest at such rates and in such
manner as provided for in RCW 84.56.020, as now or hereafter amended, for delinquent taxes.
G. If the county assessor and the county treasurer assess property and collect taxes
for this jurisdiction, a certified copy of the assessment shall be filed with the count
y treasurer.
The descriptions of the parcels reported shall be those used for the same parcels on the County
Assessor's map books for the current year.
H. The amount of the assessment lien shall be billed annually by the Treasurer's
Office on the date of the assessment lien until paid and shall be subject to the same penalties and
procedure and sale in case of delinquency as provided for ordinary property taxes. All laws
applicable to the levy, collection and enforcement of property taxes shall be applicable to such
assessment. Not withstanding the previous provisions,the foreclosure process and sale process
may be commenced within a year of the creation of a lien when the Review Authority or the
Hearing Examiner make a written request to the Treasurer's Office to commence the process.
15.13.055 COST RECOVERY
A. Authority. Not withstanding any other code provision,a person who violates any
provision of any code or regulation under MCC 15.03.005,or who fails to obtain any
necessary permit,.or who fails to comply with a notice of civil violation shall be subject to
enforcement, Hearings Examiner, and abatement costs. Costs in year 2002 shall be
$52.30 per hour for any employee of Mason County, except that department heads and
managers, elected officials, and deputy prosecutor time shall be$75.00 per hour. For
every year after 2002, the rate may be adjusted according to the Consumer Price Index.
B. Amount. The Review Authority shall keep an itemized account of the time spent by
employees of the county in the enforcement or abatement of any code or any regulation
under Title 15.03.005. The Review Authority may request costs be ordered by the
Hearings Examiner. The Hearing Examiner may order costs.
C. Notice. Upon completion of the work for which cost recovery is proposed, the Review
Authority shall provide notice by certified mail return receipt requested to the property
owner or other person on whose behalf the costs were incurred.
D. Collection. Costs may be collected as provided in MCC 15.13.050 (D) through(H)
inclusive.
E. Civil fines and funds collected shall be deposited as provided in the respective county
regulation or, if no other provision is made, shall be deposited in the general fund of the
county. However, departmental directors may, in their discretion, direct that costs be
placed in a special abatement fund. If the director decides to close the fund, the
remaining fund balance shall revert back to the general fund.
15.13.060 REVIEW OF APPROVED PERMITS
MASON COUNTY CODE TITLE 15-DEVELOPMENT CODE - July 2003 version PAGE 32
L
A. Review: Any approval or permit issued under the authority of the Development Code
may be reviewed for compliance with the requirements of the Development Code, or to
determine if the action is creating a nuisance or hazard, has been abandoned, or the
approval or permit was obtained by fraud or deception.
B. Review Authority Investigation:'Upon receipt of information indicating the need for,
or upon receiving a 1U4UVbL 1UL ieview of permit r approval, the review authority shall-
-
investigate the matter and take one or more of the following actions:
1. Notify the property owner or permit holder of the investigation; and/or
2. Issue a notice of civil violation and/or civil fine and/or recommend revocation or
modification of the permit or approval; and/or
3. Refer the matter to the County Prosecutor; and/or
4. Revoke or modify the permit or approval, if so authorized in the applicable code
or ordinance; and/or
5. Refer the matter to the Hearing Examiner with a recommendation for action.
15.13.070 REVOCATION OR
MODIFICATION OF PERMITS AND APPROVALS
[[HANDLED BY APPROPRIATE DEPARTMENTS J]
A. Upon receiving a review authority's recommendation for revocation or
modification of a permit or approval, the Hearing Examiner shall review the matter at a public.
hearing,subject to the notice of public hearing requirements (Sec. 15.07.030). Upon a finding
that the activity does not comply with the conditions of approval or the provisions of the
Development Code, or creates a nuisance or hazard, the Hearing Examiner may delete,modify or
impose such conditions on the permit or approval it deems sufficient to remedy the deficiencies.
If the Hearing Examiner find no reasonable conditions which would remedy the deficiencies,the
permit or approval shall be revoked and the activity allowed by the permit or approval shall
cease.
B. Building Permits. The Building Official,not the Hearing Examiner has the
authority to revoke or modify building permits.
C. Reapplication. If a permit or approval is revoked for fraud or deception,no
similar application shall be accepted for a period of one year from the date of final action and
appeal, if any. If a permit or approval is revoked for any other reason,another application may
be submitted subject to all of the requirements of the Development Code.
MASON COUNTY CODE TITLE 15-DEVELOPMENT CODE - July 2003 version PAGE 33
CONSOLIDATED APPLICATION REVIEW CHART
DECISION TYPE
PERMIT ENTRY TYPE I TYPE.II TYPE III TYP E IV
POINT ministerial administrative quasi-judicial legis ative
building permit w/o SEPA SEPA environmental review appeal of type I/II decisions
Building Dept., building variance for building permit and land
Fire Marshal,and land modification permit modification permit .
Environmental Health w/o SEPA MEP review for septic system
Dept. fire protection certificate permit
septic system permit w/o MEP
water adequacy
well construction
declaration of parcel Commercial or industrial appeal of type I/II decisions county comprehensive plan
Community Development combination/separation development preliminary plat final plat development gulations
boundary line adjustment Mason Environmental Permit large lot subdivision rezone
Short plat Mason Conditional
Large lot subdivision Environmental Permit
Development Regulation Resource Ordinance Variance
Administrative Variance Flood Ordinance Variance
Reasonable Use Exception
Development Regulation Variance
Special Use Permit
Shoreline development permit
Mobile Home-RV park permit
MASON COUNTY CODE TITLE 15—DEVELOPMENT CODE — July 2003 version PAGE 34
i
17.01.110 FISH AND WILDLIFE HABITAT CONSERVATION AREAS
A. PURPOSE.
Fish and wildlife habitat conservation means land management for maintaining species in suitable
habitats within their natural geographic distribution so that isolated populations are not created.
This does not mean maintaining all individuals of all species at all times, but it does mean
intergovernmental cooperation and coordination is critically important in a region. In some cases,
it is sufficient to assure that a species will usually be found in certain regions across the state. The
provisions for the protection of habitat contained in this section can not succeed in their purpose of
supporting viable populations of fish and wildlife species unless other agencies and the public also
act to protect the species. In the case of anadromous fish, the Statewide Salmon Recovery
Strategy identifies that it will take a balanced approach to addressing the factors of decline that are
within human control, including harvest, hatchery, habitat, and hydropower. The underlying
assumption within this section is that impacts to anadromous fish or their habitat or to fish and
wildlife conservation areas shall be avoided or mitigated as detailed in an approved Habitat
Management Plan as described in Section 17.01.110.J. The intent of this Section is to:
1. Protect critical habitat features to support genetically viable populations of fish and wildlife
species and allow for commercial and non-commercial uses;
2. Protect the biological, physical, and chemical components of water quality for the benefit
of aquatic and terrestrial resources, as well as human consumptive uses;
3. Ensure that natural stream and marine shoreline functions such as flow patterns,
production of sediment and large woody debris are maintained with minimal interference
or impact to private property;
4. Protect habitat for federal or state listed endangered,threatened or sensitive fish and
wildlife.
5. Encourage non-regulatory methods of habitat retention whenever practical,through
education, and the Open Space Tax Program.
6. To supplement the Shorelines Master Plan for Mason County to preserve and protect
critical fish and wildlife habitat pursuant to(WAC 365-190-080(5)). It is the intent that this
ordinance will compliment and supplement the Shorelines Master Plan.
7. To implement the Mason County Comprehensive Plan and to achieve these purposes
consistent with the Comprehensive Plan.
B. FISH AND WILDLIFE HABITAT CONSERVATION AREA CATEGORIES.
Fish and wildlife habitat conservation areas include both aquatic and terrestrial areas within Mason
County. The approximate location and extent of critical fish and wildlife habitat areas are
displayed in the Washington Department of Fish&Wildlife's (WDFW) Priority Habitat and Species
(PHS) Program database. Mason County will also use other available information for these critical
fish and wildlife habitat areas, including tribal and federal databases and local knowledge. The
following categories shall be used in classifying critical areas to be regulated under this ordinance:
1. Commercial and recreational shellfish areas.
2. Kelp and eelgrass beds; herring, sand lance, and smelt spawning areas.
3. Naturally occurring lakes and ponds under twenty acres and their submerged aquatic beds
that provide fish or wildlife habitat.
4. Streams.
5. Saltwater Shorelines, and Lakes 20 Acres and Greater in Surface Area.
6. Lakes, ponds, streams, and rivers planted with game fish by a governmental or tribal
Mason County Resource Ordinance 53 Revised June 20,2003
entity.
7. State Department of Natural Resources natural area preserves and natural resource
conservation areas.
8 Areas with which Federal or State endangered,threatened and sensitive species of fish
and wildlife have a primary association. Those species known to be found in Mason
County are listed in Table 1. Protection of species habitats is determined by the State or
Federal listing, and their actual presence near the site subject to review. Other listed and
protected species may be found in Mason County,which are not in Table 1.
9. Areas that contain habitats and species of local importance as listed in Table 1 below.
Species of local importance may include, but are not limited to, State Candidate and
Monitor species.
Table 1. Species of Importance that may occur in Mason County
Species Scientific Name State Status Federal Status
Fish
Bull Trout Salvelinus confluentis Candidate Threatened
Puget Sound Chinook Onchorynchus tshawytscha Candidate Threatened
Hood Canal Summer Onchorynchus keta Candidate Threatened
Chum
Dolly Varden Salvelinus malma none none
Amphibians
Western Pond Turtle Clemmys maramorata Endangered Species of Concern
Cascade Frog Rana cascadae none Species of Concern
Van Dyke's salamander Plethodon vandykei Species of Concern Species of Concern
Tailed Frog Ascaphus truei Monitor Species of Concern
Olympic Torrent Ryacotriton olympicus Monitor none
salamander
Mollusks
Newcomb's littorine snail Algamorda newcombiana Species of Concern Species of Concern
Birds
Marbled Murrelet Brachyramphus marmoratus Threatened Threatened
Bald Eagle Haliaetus leucocephalus Threatened Threatened
Northern Spotted Owl Stridex occidentalis Endangered Threatened
Northern Goshawk Accipitergentilis Candidate Species of Concern
Peregrine Falcon Falco peregrinus Endangered Species of Concern
Pileated Woodpecker Drycopus pileatus Candidate none
Common Loon Gavia immer Sensitive none
Harlequin Duck Histrionicus histrionicus none Species of Concern
Brandt's Cormorant Phalacrocorax penicillatus Candidate none
Olive-sided Flycatcher Contopus boreaus none Species of Concern
Golden Eagle Aquilla chrysaetos lCandiclate none
Mason County Resource Ordinance 54 Revised June 20,2003
Great Blue Heron Ardea herodias Monitor none
Merlin Falco columbarius Candidate None
Purple Martin Progne subis Candidate None
Western Bluebird Sialia mexicana Monitor None
Vaux's Swift Chateura vauxi Candidate None
Mammals
Gray Wolf Canis lupis Endangered Endangered
Pacific Fisher Manes pennanti Endangered Species of Concern
Townsend's big-eared bat Plecotus townsendii Candidate Species of Concern
Shelton pocket gopher Thomomys Candidate None
Merriam's Shrew Sorex mem.ami Candidate none
Roosevelt elk Cervus elaphus roosevelti none None
Pygmy Shrew Sorex hoyi Monitor None
Table 2. Priority Species not Federally or State listed and not governed by this ordinance.
Species Scientific Name State Status Federal Status
Blue Grouse Dendragapus obscurus None None
Band-tailed Pigeon Colmba fasciata None None
Wood Duck Aix sponsa None None
Hooded Merganser Lophodytes cucullatus None None
Mountain Quail Oreortyx pictus None None
C. DESIGNATION
The areas classified in Section B above as Fish and Wildlife Habitat Conservation Areas (FWHCA)
are hereby designated under RCW 36.70A.060 and RCW 36.70A.170, as critical areas requiring
proper land management to protect their value and functions.
D. ESTABLISHMENT OF BUFFERS ON FISH &WILDLIFE HABITAT CONSERVATION
AREAS
1. Fish and Wildlife Habitat Conservation Areas shall have Buffers and Building Setbacks
established. The standard buffer and setback requirements are shown in Table 3.
a. Buffers or setbacks shall be maintained along the perimeter of Fish and Wildlife
Habitat Conservation Areas Buffer distances associated with streams shall be
measured horizontally from the ordinary high water mark(OHWM)or channel
migration zone (CMZ),whichever is greater. All other buffer distances shall be
measured horizontally from the established FWHCA perimeter.
b. Buffers shall be retained in their natural condition, except as provided elsewhere
in this ordinance.
C. Building Setback Lines: A building setback line of fifteen (15)feet is required from
the edge of any buffer area, except for Type 1 saltwater and lake excluding Conservancy
Shorelines.
Mason County Resource Ordinance 55 Revised June 20,2003
2. The following are special provisions for buffers and setbacks on lots created prior to
December 5, 1996, and which are located on a Type 1 water that is a saltwater or is a
freshwater lake. As stated in the Table 3,there shall be a standard 100 foot buffer for a
total of 100 feet as measured from the ordinary high water mark (OHWM). Provided,
however,that in the following circumstances,these special provisions apply instead of the
standard buffer and setback requirement.
a. Special provision for view protection on subject lots.
Applications for single-family residential construction and meeting the following
conditions shall have buffers and setbacks as described below:
1) Where existing residences are on both sides of and within 150 feet of the lot line
of the subject lot, and no more than 200 feet from the shoreline OHWM, the
setback on the subject lot is determined by an imaginary common line drawn
across the subject lot which connects the shore-side roof lines of the first adjacent
existing residences. (See Figure 1). The common line set back may be more or
less than 100 feet from the OHWM, provided, however, that:
(a) the buffer shall not be less than 20 feet in width from the OHWM and a
minimum setback from the edge of the buffer is 15 feet; and
(b) there shall be a maximum buffer of 100 feet from the OHWM with the balance
of the setback established by the common line to be a building setback area.
2) Where an existing residence is on one side of and within 150 feet of the lot line of
the subject lot, and no more than 200 feet from the shoreline OHWM, the setback
on the subject lot is determined by an imaginary common line drawn from the
shore-side roof line of the existing residence and across the subject lot to a point
which is 100 feet from the OHWM along the far lot line of the subject lot. (See
Figure 2). The common line set back may be more or less than 100 feet from the
OHWM, provided, however, that:
(a) the buffer shall not be less than 20 feet in width from the OHWM and a
minimum setback from the edge of the buffer is 15 feet;and
(b) there shall be a maximum buffer of 100 feet from the OHWM with the
balance of the setback established by the common line to be a building
setback area.
3) As used in this section, a "residence"refers to the principal dwelling/residential
structure and does not include outbuildings or other structures.
4) When applying 1)above, if the shoreline has a high degree of curvature, the
Administrator may use the average set back from OHWM of the two existing
residences rather than the imaginary line between the rooflines in order to
establish the common line setback. When applying 2)above, if the shoreline has
a high degree of curvature, the Administrator may use the average of the set back
from OHWM of the existing residence and the 100 foot setback, rather than the
imaginary line between the roofline and the 100 foot setback, in order to establish
the common line setback.
b. Special provision for water-dependent uses on existing lots.
Applications for development defined as water-dependent uses shall provide the
standard 100 foot buffer along as much of the shoreline as possible while making
the minimum necessary adjustments to the buffer to provide for the water-
dependent use, as determined by the Director. Such development shall meet the
requirements of other applicable regulations, including other Resource Ordinance
sections and the Mason County Shoreline Master Program.
Mason County Resource Ordinance 56 Revised June 20,2003
Table 3. Fish&Wildlife Habitat Conservation Area Development Standards.
Habitat Type Buffer Building Setback from Buffer
Type 1 Stream 150 feet 15 feet
Type 2 Stream 150 feet 15 feet
Type 3 Stream 150 feet 15 feet
Type 4 Stream 100 feet 15 feet
Type 5 Stream 75 feet 15 feet
Type 1 Saltwater and Lake' 100 feet 0 feet
Excluding Conservancy Shorelines
Conservancy Shorelines", Type 1 100 feet 15 feet
Saltwater and Lake
"Type 1 lakes are lakes over 20 acres. All saltwater shorelines are Type 1.
"Conservancy Shorelines are those shorelines designated as Conservancy Shoreline
Environment in the Mason County Shoreline Master Program.
3. Provision for Decreasing Buffer.
For major new development, Mason County may decrease the buffer after consultation
with the Washington State Department of Fish and Wildlife and the Skokomish Tribe,the
Quinault Tribe and/or the Squaxin Island Tribe, after review and approval of a Habitat
Management Plan, and after a public hearing.
4. Provision for Increasing Buffer.
Mason County may increase the buffer width on a case-by-case basis, after a public
hearing, as provided in subsection 17.01.120.L.,when a larger buffer is necessary to
protect the structure, function and value of Fish &Wildlife Habitat Conservation Areas.
The buffer shall be increased or other protections shall be provided in order to prevent a
significant adverse environmental impact by a proposed project on those functions and
values. This determination shall be supported by appropriate documentation to be
obtained in consultation with the state of Washington and the Skokomish Tribe, Quinault
Tribe and/or the Squaxin Island Tribe. Such determination shall be attached as a permit
condition and shall demonstrate that:
a. A larger buffer is necessary to maintain viable populations or critical habitat of
endangered, threatened, or sensitive species;or
b. The adjacent land is susceptible to severe erosion and erosion control measures
will not effectively prevent adverse impacts to the FWHCA; or
C. If the FWHCA contains variations in sensitivity, increasing the vegetation area
widths will only be done as necessary to preserve the structure,function and
value of the FWHCA.
d. If the increase in buffer is based on the upland area feeding substantial material
to the net-shore drift system, as identified in the Mason County Shoreline
Inventory Report, June 12, 1995,that the larger buffer is necessary in
maintenance of that system and the functions and values of the FWHCA. The
increase shall approximate the bluff erosion distance having occurred over the
past 50 years, based on best available information.
E. STEWARDSHIP OPTIONS AND INCENTIVES
The purpose of this subsection is to encourage property owners to protect critical areas and their
buffers and to reduce the burden on property owners from the application of the Resource
Mason County Resource Ordinance 57 Revised June 20,2003
Ordinance regulations. Options given below may be used individually,or they may be combined
for greatest effect and benefit.
1. Open Space Bonus: Any property owner, except on land designated as Long-Term
Commercial Forest Lands, Agricultural Resource Lands or Mineral Resource Lands, may
apply for a performance subdivision as provided in Chapter 16.22, Mason County Code.
Approval of such a subdivision provides for a development density bonus-that is, it allows
more lots for development-in exchange for the protection of critical areas and meeting
other design requirements.
2. Open Space Tax Assessment: Any property owner may apply for current use property tax
assessment for lands which are fish and wildlife habitat conservation areas or their buffers
pursuant to RCW 84.34.
a. The land proposed for current use tax assessment shall be in a separate tract or a
conservation easement.
b. Any person who owns an identified critical area or its associated buffer may place
a conservation easement over that portion of the property. A conservation
easement is a legal agreement a property owner makes to restrict the type and
amount of development that may occur on a parcel. Each easement is tailored to
the particular property and to the interest of the individual owner. The property
owner grants an easement to an appropriate governmental agency or non-profit
land trust. It provides significant property and federal income tax benefits to the
property owner.The purpose of the easement shall be to preserve, protect,
maintain, restore and limit future use of the property affected. The terms of the
conservation easement may include prohibitions or restrictions on access and
shall be approved by the property owner and the county.
3. Density Credit On lands containing FWHCAs or their buffers, the county shall allow a
transfer of density for residential uses from the portion of the property containing the
critical areas or buffers to that portion of the property that does not contain critical areas or
buffers-that is,the property could be developed with the same number of lots it would
have if critical areas were not present-provided that such transfer does not create any
adverse impacts to the critical area that can not be adequately mitigated and provided that
all other development regulations can be met.
4. Tax Re-assessment.The owner of any property that has been affected by a permit decision by
the county may request an immediate re-assessment by the Mason County Assessors Office, as
provided by RCW Chapter 84.
5. Conservation Futures: If approved by a vote of the people of Mason County, Mason County shall
use conservation futures revenue to compensate affected property owners for the impact of
protecting fish and wildlife through the purchase of conservation easements on impacted land or
the impacted land.
6. Education: The county encourages proper stewardship on land to provide benefits to fish and
wildlife. The county shall provide educational information to the public through its sponsorship of
the Washington State Cooperative Extension Service,the Mason Conservation District, or
through the provision of informational materials in its offices.
7. Best Management Practices: Where not otherwise required, Mason County encourages the use
of best management practices that are part of site preparation, development construction, and
use activities after construction: erosion and sediment control measures; maintain existing
vegetation and minimize site clearing; use native plants in landscaping rather than lawn areas;
control runoff to small ponds and buffer vegetation; and minimize use of fertilizers and chemicals
in property maintenance (pest, weed, and moss control; sealants, oils, and fuels).
F. ACTIVITIES WHICH DO NOT REQUIRE A MASON ENVIRONMENTAL PERMIT
The following uses shall be allowed, within a FWHCA or its buffer to the extent that they are not prohibited
Mason County Resource Ordinance 58 Revised June 20, 2003
by any other applicable law or ordinance, provided they are conducted so as to minimize any impact on
the values and functions of the FWHCA, and provided they are consistent with any county approved
Resource Ordinance Special Study(such as a Habitat Management Plan or Geotechnical Report)or any
state or Federally approved management plan for an endangered,threatened, or sensitive species.
1. The remodel, repair, or change of use of an existing building within its existing footprint,
plus or minus ten percent and provided that such expansion does not increase any
intrusion into the aquatic management area or buffer. Reconstruction of structures
destroyed by fire or other means, provided that completed application for reconstruction
occurs within the previous structural footprint and within two years of the destruction.This
provision is intended to apply only to that portion of a building which lies within a FWHCA
or its buffer.
2. The removal from buffer areas of noxious weeds designated in Chapter 17.10 RCW.
3. All new and existing agricultural activities within any FWHCA and or its buffer complying
with a current conservation plan that conforms with the standards and specifications of the
Natural Resources Conservation Service and is submitted to and approved by the
Administrator; or operating in conformity with a permit of a state agency, except as
required by subsection 17.01.110 G.2.f. below.
4. Buffer alterations for view corridors are allowed with emphasis placed on limbing and with
selective timber removal minimized to the extent possible. Proposed alterations shall be
the minimum to afford views within the buffer and shall minimize shrub vegetation removal
and ground disturbance while maintaining the large mature trees. Under this provision, no
more than 10 percent of trees in the buffer less than six inches in diameter at breast height
may be removed from the buffer without specific authorization from Mason County, which
may allow removal up to 20 percent. View corridor improvement actions which include the
removal of trees larger than six inches in diameter at breast height will require Mason
County approval and replacement with native tree and/or shrub plant species are limited to
15 percent of such trees in the buffer.
5. The removal of danger trees from buffers which pose a direct threat to property and life,
provided they are documented by a professional forester. Removal of danger trees shall
be mitigated by planting a total of six(6) new trees seedlings each a minimum three years
old and each of the same species as the removed tree or native species trees. If the
replacement is judged to be unnecessary, Mason County may require the applicant to
place the downed danger tree within the buffer as habitat.
6. The enhancement of a buffer by planting indigenous vegetation.
7. The construction of trails which shall be unpaved when located in the buffer areas and
elevated when located in wetlands, which are not intended for motorized use, and which
are no wider than three(3)feet, unless additional width is necessary for safety along a
precipice, steep hillside, or other hazardous area.
8. Harvesting of Wild Crops: Harvesting wild crops which do not significantly affect the
viability of the wild crop,the function of the Fish and Wildlife Habitat or regulated buffer
(does not include tilling of soil or alteration of the Fish and Wildlife Habitat Conservation
Area).
9. Any of the General Exemptions authorized by Section 17.01.130.
G. DEVELOPMENT AND ACTIVITIES REQUIRING A MASON ENVIRONMENTAL PERMIT
IN FISH & WILDLIFE HABITAT CONSERVATION AREAS OR THEIR BUFFERS
A Mason Environmental Permit shall be obtained from the County, using the administrative review
Mason County Resource Ordinance 59 Revised June 20,2003
process in this Chapter, before undertaking the following activities in FWHCAs or their buffers.
When a major new development is proposed within 1/4 mile of a listed species point location (den
or nest site), as identified through the WDFW PHS data base,tribal and other local fish and wildlife
databases or knowledge, a preliminary review by a qualified fish and wildlife professional shall be
provided to the county which shall determine if a FWHCA or its buffer is within the area of the
development.
1. A Habitat Management Plan (HMP)shall be prepared for these activities:
a. The removal, excavation, grading, dumping, discharging or filling of any material
unless part of a project which has been permitted pursuant to this section or for
which no permit is required.
b. The destruction or alteration of FWHCA's or their buffers through clearing,
harvesting, shading, intentional burning, vegetation removal (terrestrial,
freshwater, or marine), or planting of vegetation that would alter the character of
the FWHCA or buffer, unless part of a project which has been permitted pursuant
to this section or for which no permit is required.
C. New Residential Construction and Major New Development New residential
construction and major new development is not permitted within FWHCA or its
buffer, except for the activities listed in this subsection G, or as approved through
a variance or reasonable use exception as provided in subsection K. The design
and siting of these projects should not adversely impact water quality of receiving
waters such as wetlands,streams, rivers, Hood Canal or Puget Sound. In
addition, project design should meet or exceed any storm water design
requirements to avoid any risk of decertification of shellfish beds or impacts to
baitfish (herring, smelt, sand lance, candlefish ,etc.) spawning areas.
d. Stream Relocation: Stream relocations are discouraged except for the purpose of
fisheries restoration and require a Habitat Management Plan. Stream relocation
shall only be permitted when adhering to the following minimum performance
standards and when consistent with Washington State Department of Fish and
Wildlife Hydraulic Project Approval.
i. The channel, bank and buffer areas shall be replanted with native
vegetation that replicates a natural, undisturbed riparian condition; and,
ii. For those shorelands and waters designated as Frequently Flooded Areas
pursuant to Section 17.01.090, a professional engineer licensed in the
State of Washington shall provide information demonstrating that the
equivalent base flood storage volume and function will be maintained.
iii. Relocated stream channels shall be designed to meet or exceed the
functions and values of the stream to be relocated as determined by the
monitoring in the Habitat Management Plan.
e. Bank Stabilization:A stream channel and bank, bluff, and shoreline may be
stabilized when naturally occurring earth movement threatens existing legal
structures(structure is defined for this purpose as those requiring a Building
Permit pursuant to the Uniform Building Code), public improvements, unique
natural resources, public health, safety or welfare, or the only feasible access to
property, and, in the case of streams, when such stabilization results in
maintenance of fish habitat, flood control and improved water quality. Bluff, bank
and shoreline stabilization shall follow the standards of the Mason County
Shoreline Master Program, Landslide Hazard Areas, and any floodplain
management plan adopted by the Board of Commissioners.
Mason County may require that bank stabilization be designed by a professional
engineer licensed in the State of Washington with demonstrated expertise in
hydraulic actions of shorelines. For bank stabilization projects within FWHCAs,
emphasis shall be placed on bioengineering solutions(vegetation versus hard
surfaces) unless proved by the applicant to be infeasible. Bank stabilization
Mason County Resource Ordinance 60 Revised June 20,2003
projects may also require a Hydraulic Project Approval from the Washington
Department of Fish and Wildlife and will be determined after consultation with
WDFW.
f. Gravel Mining: Gravel mining is discouraged within FWHCAs or their buffers, and
it shall not be permitted if it causes significant adverse environmental impact, but
it may be allowed following the review and approval of a Habitat Management
Plan, including a detailed mining and reclamation plan (required by the
Washington Department of Natural Resources).
g. Conservation: Any conservation, preservation, or enhancement projects to protect
functions and values of the critical area system, including activities and mitigation
allowed pursuant to the mitigation priorities identified in Section I.
h. Outdoor Recreation,Education and Trails Activities and improvements which do not
significantly affect the function of the Fish and Wildlife habitat or regulated buffer
(including viewing structures,outdoor scientific or interpretive facilities,trails,hunting
blinds, etc.) may be permitted in FWHCA or their buffers.
i. Trails and other facilities shall,to the extent feasible, be placed on existing
road grades, utility corridors, or other such previously disturbed areas;
ii. Trails and other facilities shall be planned to minimize removal of trees,
shrubs, snags and important wildlife habitat;
iii. Viewing platforms, interpretive centers, benches and access to them, shall
be designed and located to minimize of impacts to wildlife, fish, or their
habitat and/or critical characteristics of the affected conservation area.
iv. Trails, in general, shall be set back from streams so that there will be
minimal impact to the stream from trail use or maintenance. Trails shall be
constructed with pervious surfaces when feasible and trails within FWHCAs
are not intended to be used by motorized vehicles.
i. Road/Street Expansion&Construction: Any private or public road or street
expansion or construction which is allowed in a Fish and Wildlife Habitat
Conservation Area or its buffer shall comply with the following minimum
development standards:
i. No other reasonable or practicable alternative exists and the proposed
road or street serves multiple properties whenever possible;
ii. Public and private roads should provide for other purposes, such as utility
crossings, pedestrian or bicycle easements, viewing points, etc.;and,
iii. The road or street construction is the minimum necessary, as required by
the Department of Public Works and Fire Marshall, and shall comply with
the Department of Public Works'guidelines and Fire Code to provide
public safety and mitigated storm water impacts. Minimum necessary
provisions may include projected level of service requirements.
iv. Construction time limits shall be determined in consultation with the
Washington Department of Fish and Wildlife in order to ensure species
and habitat protection.
j. Agricultural Restrictions: All new and existing agricultural activities within any
FWHCA and or its buffer, unless exempted as provided in subsection
17.01.110.F.3.
2. A Habitat Management Plan (HMP)will not be required the following activities which
comply with the development standards below, except as specified:
a. Stream Crossings: All stream crossings should be discouraged and alternatives
should be explored. Any private or public road expansion or construction which is
proposed and must cross streams classified within this Ordinance, shall comply
with the following minimum development standards:
Mason County Resource Ordinance 61 Revised June 20,2003
i. Bridges or arch/bottomless culverts shall be required for all Type 1, 2 and
3 streams (which have anadromous fish habitat). Fish passage shall be
provided, if necessary to address man-made obstructions on site. Other
alternatives may be allowed upon a showing that,for the site under
review, the alternatives would be less disruptive to the habitat or that the
necessary building foundations were not feasible. Submittal of a Habitat
Management Plan which demonstrates that the alternatives would not
result in significant impacts to the Fish and Wildlife Habitat Conservation
Area (FWHCA) may be required if the information necessary to determine
if the permit requirements contained in subsection I. 5. has been met. The
plan must demonstrate that salmon habitat will be replaced at a minimum
1:1 ratio.
ii. Crossings shall not occur in salmonid spawning areas unless no other
reasonable crossing site exists. For new development proposals, if
existing crossings are determined to adversely impact salmon spawning
or passage areas, new or upgraded crossings shall be located as
determined necessary through coordination with the Washington State
Department of Fish and Wildlife and the Skokomish Tribe,the Quinault
Tribe and/or the Squaxin Island Tribe;
iii. Bridge piers or abutments shall not be placed either within the floodway or
between the ordinary, high water marks unless no other reasonable
alternative placement exists;
iv. All stream crossings shall be required to pass 100 year projected flood
flows, even in non-fish bearing Type 4 and 5 streams. In addition,
crossings for Type 1, 2, or 3 should allow for downstream transport of
large woody debris;
V. Crossings shall serve multiple properties whenever possible.
vi. Where there is no reasonable alternative to providing a culvert, the culvert
shall be the minimum length necessary to accommodate the permitted
activity.
b. Land Divisions: In order to implement the purpose of this section and the County
Comprehensive Plan,to accommodate design innovation, creativity, and
flexibility, and to achieve a level of environmental protection that would not be
possible by typical lot-by-lot development,the use of the Performance Subdivision
process (Title 16 Mason County Subdivision Ordinance) is strongly encouraged.
Divisions of land (Subdivisions, Short Subdivisions, Large Lot Subdivisions)shall
comply with the following development standards:
i. In order to avoid the creation of non-conforming lots, each new lot shall
contain at least one building site that meets the requirements of this
Ordinance, including buffer requirements for habitat conservation areas.
This site must also have access and a sewage disposal system location
that are suitable for development and do not adversely impact the
FWHCA.
ii. After preliminary approval and prior to final land division approval, the
common boundary between a required buffer and the adjacent property
shall be identified using appropriate signs. In lieu of signs, alternative
methods of buffer identification may be approved when such methods
(fences or enhanced native planting)are determined by Mason County to
provide adequate identification to the buffer and the FWHCA.
iii. Buffer areas shall be dedicated as permanent open space tracts,
functioning as FWHCA buffers.
iv. If development is proposed within a FWHCA or its buffer, a HMP is
required.
C. Utilities: Placement of utilities within designated Fish and Wildlife Habitat
onservation Areas may be allowed pursuant to the following standards:
Mason County Resource Ordinance 62 Revised June 20,2003
i. Construction of utilities may be permitted in FWHCA's or their buffers,
only when no practicable or reasonable alternative location is available
and the utility corridor meets the requirements for installation,
replacement of vegetation and maintenance outlined below. Utilities are
encouraged to follow existing or permitted roads where possible.
ii. Construction of wells,sewer lines,water lines, or on-site sewage systems
are not permitted in FWHCA's but may be permitted in a buffer area when
the applicant demonstrates it is necessary to meet State and/or local
health code requirements; there are no other practicable alternatives
available; and construction meets the requirement of this section. Joint
use of the sewer or water utility corridor by other utilities may be allowed.
Encroachment of more than 50 feet into the buffer will require a HMP.
iii. New Utility Corridors shall not be allowed in FWHCA's with known
locations of federal or state listed endangered, threatened or sensitive
species, heron rookeries or nesting sites of raptors which are listed as
state candidate or state monitor, except in those circumstances where an
approved Habitat Management Plan is in place.
iv. Utility corridor construction and maintenance shall protect the
environment of Fish and Wildlife Habitat Conservation Areas and their
buffers.
(1) New utility corridors shall be aligned when possible to avoid
cutting trees greater than 12 inches in diameter at breast height
(four and one-half feet) measured on the uphill side.
(2) New utility corridors shall be revegetated with appropriate native
vegetation at not less than pre-construction vegetation densities
or greater, immediately upon completion of construction or as
soon thereafter as possible due to seasonal growing constraints.
The utility shall ensure that such vegetation survives for a three-
year period;
V. Utility towers should be painted with brush, pad or roller and should not be
sandblasted or spray painted, nor shall lead base paints be used.
d. Forest Practices, Class IV General: Timber harvesting with associated
development activity involving land conversions from Forest Use, or otherwise
meeting the DNR definition as a Class IV General application, shall comply with
the provisions of this Ordinance including the maintenance of buffers, where
required. If harvest or development is proposed within a FWHCA or its buffer, a
HMP is required.
e. Mobile Home or RV Parks:new or expanded mobile home or RV parks shall comply
with the following development standards:
i. Lots or spaces and other improved areas shall be outside of FWHCA and its
buffer. Roads,utilities, and trails may encroach on the buffer or FWHCA as
provided elsewhere in this section. The project as a whole shall not
adversely impact the FWHCA.
ii. The common boundary between a required buffer and the adjacent property
shall be identified using signs or alternative methods determined Mason
County to provide adequate identification to the buffer and the FWHCA.
iii. Buffer areas shall be designated as open space and preserved to the extent
possible.
iv. If development is proposed within a FWHCA or its buffer, a HMP is
required.
f. Marine Activities: All activities in tidal/saltwater submerged lands shall avoid impacts
to eelgrass and kelp beds to the maximum extent. If eel grass or kelp is known or
suspected in the vicinity, then an aquatic vegetation survey is required to identify the
location of eelgrass or kelp. Unavoidable impacts to these sensitive marine areas
shall be addressed in a Habitat Management Plan that presents an acceptable
mitigation program.
Mason County Resource Ordinance 63 Revised June 20,2003
g. Chemical Application or Storage: Chemical applications are not permitted within
FWHCAs unless expressly approved as part of a farm plan, forest practices
application or for the control of invasive or noxious plant species. In cases where
approved chemical applications occur as part of a forest practices application or farm
plan,proper reporting procedures shall be followed.Chemical application consistent
with state and Federal regulation does not require a Mason Environmental Permit,but
it does need to comply with the standards included herein.Chemical storage shall not
be permitted within a FWHCA or its buffer.
H. HABITATS AND SPECIES OF LOCAL IMPORTANCE--LISTING&DELISTING IMPORTANT
HABITATS & SPECIES
1. Locally significant species are those which are not state listed as threatened,endangered or
sensitive, but which live in Mason County, and the species is special importance to the
citizens of Mason County for cultural or historical reasons, or the county is a critically
significant portion of their range. Mason County is a critically significant portion of the range
of a species when any of the following conditions apply:
a. The species would be extirpated from the state of Washington if it is extirpated from
Mason County; or
b. The species'population would be divided into non-viable populations if it is extirpated
from Mason County,where the isolated populations are critical to the survival of the
species; or
C. The species is listed as a state monitor or candidate species and Mason County is a
significant portion of the range of the species and significant reduction or extirpation
of the species from Mason County would result in changing the status of the species
to that of state endangered, threatened, or sensitive.
2. Locally significant habitats are those habitats in which significant species live,or which is of
special importance to the citizens of Mason County because they have been determined to
contribute to the variety of habitats or diversity of species.
3. Regulations prepared to protect locally important habitat and species shall consider and,
where possible,support the economic development of Mason County and the use of resource
lands and resources industry,enhance the affordability of housing,and otherwise promote the
achievement of other goals in the Mason County Comprehensive Plan.
4. The process for listing or delisting an important habitat or species in Mason County shall be
an amendment to this section of the Interim Resource Ordinance. This action may be initiated
by request of the State Department of Fish&Wildlife,the Skokomish Tribe,the Quinault Tribe
and/or the Squaxin Island Tribe, County staff,or interested citizens. Any such request shall
be in writing and shall include:
a. The common and scientific names of for species under consideration;
b. Habitat location on a map(scale 1:24,000);
C. The reasons for the request, including:
(1) declining or increasing population,
(2) sensitivity to habitat manipulation.
d. Habitat management recommendations, including potential uses and restrictions of
the habitat areas,seasonally sensitive areas,and other guidelines necessary for the
protection of the nominated species.
e. Other supporting documentation, including an analysis which weighs the non-
environmental impacts of the proposal,addressing economics and land use,against
the benefits of the proposed listing.
5. The written request and supporting data may be evaluated by a qualified wildlife biologist or
equivalent professional selected by the County.
6. In addition to the above,the County shall consider the following factors when evaluating the
request:
a. The specificity and scientific validity of the information about the nominated species
needs and behaviors;
Mason County Resource Ordinance 64 Revised June 20,2003
b. The sufficiency of habitat areas currently available to sustain the species over time;
and
C. The versatility of the proposed habitat area to sustain species other than the one
being nominated for local species of importance designation.
I. APPLICATION REVIEW PROCESS
1. Upon the receipt of an application for development,the Director shall determine whether the
requirements of this section apply. The Director may consult with affected Tribes or state
agencies in determining that the subject property is shown to be documented habitat for
federal or state listed endangered, threatened or sensitive species.
2. Boundaries: The procedures for formal determination of regulated Fish and Wildlife Habitat
Conservation Area boundaries are as follows:
a. The FWHCA boundary for streams shall be the Ordinary High Water Mark(OHWM)
or channel migration zone(CMZ).
b. The FWHCA boundary for marine shorelines and lakes greater than 20 acres shall be
the OHWM.
C. The boundary of all other FWHCA's may be determined using published databases,
resource agency personnel,consultation with the Skokomish Tribe,Ouinault and/or
the Squaxin Island Tribe, and/or by a qualified environmental professional based
upon site specific assessment and species presence.
3. Permit information:When a Mason Environmental Permit is required under this section, it is
the applicant's responsibility to provide all necessary and accurate data to the County for its
review. This information will include a field delineation by a qualified professional(biologist,
hydrologist, soil scientist, and/or other expert as circumstances warrant). Formal boundary
determination is the responsibility of the County.
a. When sufficient information exists from the County's natural resource inventory or
other sources, Mason County may waive the requirement of a field delineation,
provided a qualified professional has reviewed and approved such information as
reliable.
b. When requested by the applicant, or an affected party,the County may perform the
data collection, at a fee, in lieu of direct action by the applicant.
C. Where Mason County performs a formal determination at the request of the applicant
pursuant to subsection b above, it shall be considered a final determination unless
contested by the applicant or other affected party.
d. Where the applicant has provided the information in support of a permit for a formal
determination by the County of the Fish and Wildlife Habitat Conservation Area
boundary,Mason County shall verify the accuracy of,and may render adjustments to,
the boundary determination in compliance with the provisions of this ordinance.
4. When a Mason Environmental Permit is required, the permit shall be obtained from the
County using the administrative review process in this chapter prior to undertaking regulated
activities in a FWHCA or its buffer.
5. In addition to any other requirements, permits shall only be granted if:
a. The proposed activity avoids adverse impacts to regulated FWHCA, or takes
affirmative and appropriate measures to compensate for impacts. Mitigation
sequencing should follow the avoidance, reduction, and compensation analysis, in
that order of preference, and
b. The proposed activity is consistent with an approved Habitat Management Plan, if
such a plan is prepared; or
C. The proposed activity is approved as a variance or reasonable use exception under
this chapter, if applicable.
6. FWHCA permits shall not be effective and no activity thereunder shall be allowed during the
time provided to file and process a permit appeal.
Mason County Resource Ordinance 65 Revised June 20,2003
L
J. HABITAT MANAGEMENT PLAN (HMP)REQUIREMENTS
The following describes the requirements of a Habitat Management Plan as discussed in this
ordinance.
A HMP shall consider measures to preserve and protect the wildlife habitat and shall consider effects
of land use intensity, buffers,setbacks,impervious surfaces,erosion control and retention of natural
vegetation on the functions and values of the FWHCA. This report shall identify how the impacts from
the proposed use or activity will be avoided or mitigated through habitat mitigation which meets the
purposes of this ordinance. The most recent publication of the Management Recommendations for
Washington's Priority Habitats and Species, as now or hereafter amended, and consultation with a
habitat biologist from the Washington State Department of Fish and Wildlife and with the Skokomish
Tribe, the Quinault Tribe and/or the Squaxin Island Tribe and shall be the basis for the report. In the
case of bald eagles,an approved Bald Eagle Management Plan by the Washington State Department
of Fish and Wildlife meets the requirements for a HMP.
Prior to submittal to the County, the Habitat Management Plan shall be reviewed and approved for
adequacy by a qualified fish and wildlife professional. It shall contain but not be limited to the following
information:
1. A map(s) prepared at an easily readable scale, showing:
a. The location of the proposed site;
b. The relationship of the site to surrounding topographic and built features;
C. The nature and density of the proposed use or activity;
d. Proposed building locations and sizes;
e. A legend which includes:
(1) A complete and accurate legal description and total acreage of the parcel;
(2) Title, scale, date, and north arrow;
(3) Certification by a qualified biologist.
f. Existing structures and landscape features including the name and location of all
water bodies.
g. Location of listed species and their critical habitat areas.
2. A report which contains:
a. A description of the nature, density and intensity of the proposed use or activity in
sufficient detail to allow analysis of such land use change upon identified wildlife
habitat;
b. An analysis of the effect of the proposed use or activity upon fish and wildlife species
and their habitats listed in this ordinance;
C. A plan which explains how the applicant will avoid, minimize or mitigate adverse
impacts to fish and/or wildlife habitats created by the proposed use or activity.This
explanation must address the management goals, policies and recommendations
presented in this ordinance. Monitoring of mitigation shall be required when
appropriate or necessary to ensure effectiveness. Mitigation measures within the
plan may include, but are not limited to:
(1) Establishment of buffer areas;
(2) Preservation of critically important plants and trees;
(3) Limitation of access to habitat area;
(4) Seasonal restriction of construction activities;
(5) Clustering of development and preservation of open space;
(6) Sign marking habitats or habitat buffer areas;
(7) Title notice or plat dedication warning statements;
(8) Conservation easements.
3. Review comments by a habitat biologist from the Washington State Department of Fish and
Wildlife(WDFW)and the Skokomish Tribe,the Quinault Tribe and/or the Squaxin Island Tribe
shall be included in the HMP when available. If the HMP recommends mitigation involving
federally listed threatened or endangered species,migratory waterfowl or wetlands,the U.S.
Fish and Wildlife Service shall receive a copy of the draft HMP and their review comments
Mason County Resource Ordinance 66 Revised June 20,2003
shall be included in the final report.
This is provided that the Washington State Department of Fish and Wildlife,the Skokomish
Tribe,the Quinault Tribe and/or the Squaxin Island Tribe and, if required,the U.S. Fish and
Wildlife Service respond in writing to Mason County with review comments or a request for
additional information within 28 days from the date of issuance of a draft habitat management
plan. If review comments or a request for additional information is not received in the
prescribed time frame, the tribal, state and/or federal review comments on the habitat
management plan shall not be required for completion of the HMP. Mason County shall have
the authority to approve Habitat Management Plans or require additional information.
K. RELIEF FROM THE REQUIREMENTS IN THIS SECTION
Specific relief from the requirements of this section may be obtained on a case-by-case basis by
applying for a variance(Section 17.01.150)or a reasonable use exception (Section 17.01.120).
Mason County Resource Ordinance 67 Revised June 20,2003
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Mason County Resource Ordinance 69 Revised 5101103
Kristin French-UBC section 106.1 Pa e 1
From: Jenny Nickerson
To: Kristin French I
Date: 10/20/03 2:23PM j I (J� C czA.
Subject: UBC section 106.1 ` 1�
Except as specified in Section 106.2, no building or structure regulated by this code shall be erected,
altered, repaired, moved, improved, removed, converted, or demolished unless a separate permit for each
building or structure has first been obtained from the building official.
17.01.100 LANDSLIDE HAZARD AREAS
The purpose of the Landslide Hazard Section is to identify areas that present potential dangers to public
health and safety, to prevent the acceleration of natural geological hazards,to address off site
environmental impacts, and to minimize the risk to the property owner or adjacent property owners from
development activities.
Except for the exceptions listed below, development in or near landslide hazard areas requires a permit
and the professional preparation of a geotechnical report or geological assessment to determine under
what conditions the development may proceed at a reasonable risk.All development applications are
reviewed to determine if they are likely to be in or near a landslide hazard area.
• Landslide hazard areas are described in A.
• The designation of landslide hazard areas is done in B.
• Activities exempt from these requirements are described in C.1. and others are listed in section
17.01 A 30 of the Resource Ordinance.
• Activities requiring permits are described in C.2.
• Standard requirements for certain activities are contained in D.
• When a geotechnical report or geological assessment is required is determined in E 1 and 2.
• The standards for a geotechnical report and geological assessment are contained in E. 3, 4, 5,
and 6.
• The general review standard for approval of a permit is in E.7.
• Notice of the risks inherent in development in a landslide hazard area is required for the applicant
and future property owners in F.
A. CLASSIFICATION
1. The following shall be classified as Landslide Hazard Areas:
a. Areas with any indications of earth movement such as debris slides, earthfiows,
slumps and rock falls (see figure F.100).
b. Areas with artificial oversteepened or unengineered slopes, i.e. cuts or fills.
C. Areas with slopes containing soft or potentially liquefiable soils.
d. Areas oversteepened or otherwise unstable as a result of stream incision, stream
bank erosion, and undercutting by wave action.
e. Slopes greater than 15% (8.5 degrees) and having the following:
I. Hillsides intersecting geologic contacts with a relatively permeable
sediment overlying a relatively impermeable sediment or bedrock(e.g.
sand overlying clay); and
ii. Springs or groundwater seepage.
f. Any area with a slope of forty percent or steeper and with a vertical relief of ten or
more feet except areas composed of consolidated rock. A slope is delineated by
establishing its toe and top and measured by averaging the inclination over at
least ten feet of vertical relief.
2. The following information may be used as a guide by the County to indicate areas that
have a higher likelihood of meeting the classification criteria above:
a. The areas identified on the Mason County Soil Survey Map as having slopes
greater than 15%.
b. The areas identified on the Coastal Zone Atlas, Volume 9, of Mason County,
Washington as:
I. Unstable -"U"
Mason County Resource Ordinance 40 Revised June 20,2003
ii. Unstable Old Slides-"UOS"
iii. Unstable Recent Slides-"URS"
iv. Intermediate Slopes-"I"
V. Modified Slopes-"M"
C. The areas identified as Class 2, 3, 4, or 5 of the maps: of"Relative Slope Stability
of the Southern Hood Canal Area, Washington", by M. Smith and R.J. Carson,
Washington State Department of Natural Resources, Division of Earth
Resources, 1977 and"The Geological Map of North Central Mason County,
Washington", by R.J. Carson, 1976, U.S. Geologic Survey OFR 76-2.
B. DESIGNATION
1. Lands of Mason County classified as Landslide Hazard Areas are hereby designated,
under RCW 36.70A.060 and RCW 36.70A.170, as critical areas requiring immediate
protection from incompatible land uses.
2. Upon an application for development on either mapped or unmapped lands, the Director
shall determine if a hazard exists on a particular site based on:
a. Information supplied by the applicant in the form of a geotechnical report or
geological assessment,
b. Actual physical observation of the site,
C. Existing County Hazard Area maps, or
d. Other means determined to be appropriate.
If the presence of a hazard is determined, the boundaries of the hazard and associated
buffers shall then be delineated (top, both sides, and toe) on a geologic map of the site.
C. LAND USES
1. Exempt Uses
a. The growing and harvesting of timber,forest products and associated
management activities in accordance with the Washington Forest Practices Act of
1974, as amended, and regulations adopted pursuant thereto; including, but not
limited to, road construction and maintenance; aerial operations; applications of
fertilizers and pesticides; helispots; and other uses specific to growing and
harvesting timber forest products and management activities, except those Forest
Practices designated as "Class IV-General Forest Practices" under the authority
of the "Washington State Forest Practices Act Rules and Regulations",WAC
222-16-030;
b. Those activities and uses conducted pursuant to the Washington State Surface
Mining Act, RCW 78.44 and its Rules and Regulations, where State law
specifically exempts local authority;
C. Existing and ongoing agriculture, aquaculture, floriculture, horticulture, general
farming, dairy operating under best management practices (BMP)of the
Washington State Department of Ecology's Storm Water, Water Quality,
Hazardous Waste, Wetland, and Solid Waste Program and BMP from the
Departments of Health, Agriculture, Transportation, and State Conservation
District Office.
2. Permit Required Uses
Mason County Resource Ordinance 41 Revised June 20,2003
Permits are required for all new construction, grading, land clearing, and other uses
subject to Section 17.01.050, and any Class IV Conversion Permit pursuant to the State
Forest Practices Act which involves conversion to a Permit Required Use, and are within
a Landslide Hazard Area or its buffer. Permit Required Use may require a Geotechnical
Report, see Section 17.01.100.E.
D. DEVELOPMENT STANDARDS
Any land use on Landslide Hazard Areas or their buffers shall conform to the following standards:
1. Grading
a. No grading shall be performed in landslide hazard areas prior to obtaining a
grading permit subject to approval, by the Director, based on recommendations
contained in the geotechnical report with slope stability, drainage, erosion control
and grading recommendations.
b. Clearing during grading shall be limited to the area of the approved development.
C. No fill, dead vegetation (slash/stumps), or other foreign material shall be placed
within a Landslide Hazard Area; with the exception of engineered compacted fill
for construction of buttresses for landslide stabilization which shall be in
accordance with recommendations specified in a Geotechnical Report.
2. Land Clearing
a. Within this section, "Land Clearing" is defined as the cutting or harvesting of trees
or the removing or cutting of vegetation so as to expose the soil and which is not
otherwise exempt from this section.
b. Land Clearing in Landslide Hazard Areas or their buffers is permitted when it is
consistent with the recommendation and plans contained in the Geotechnical
Report and development approval.
C. If there is no Geotechnical Report for the site, land clearing is not permitted:
however removal of danger trees, selected removal for viewing purposes of trees
less than 6 inches dbh (diameter at breast height)and trimming or pruning of
existing trees and vegetation is allowed with the qualifications cited herein.
Danger trees shall be identified with the recommendation of a member of the
Association of Consulting Foresters of America, an arborist certified by the
International Society of Arboriculture, or with the recommendation of a person
qualified to prepare a geotechnical report if removing trees for slope stabilization
purposes. Removal of trees less than 6 inches dbh shall be limited to less than 2
percent of the total number of trees of that size or larger in the hazard area.
Removal of multiple trees in a concentrated area, i.e. within a distance of 25 feet
of each other, shall be accompanied by replacement by deep rooting native
shrubs or other vegetation that serve similar moisture and erosion protective
functions to that provided by the removed trees. Trimming and pruning shall be
accomplished in accordance with pruning standards of the International Society of
Arboriculture, as published in "ANSI A300-95"or subsequent updated versions in
order to minimize the potential for long term damage to the trees.
d. Removal of selected trees and ground cover is allowed without a permit for the
purpose of surveying and geotechnical exploration activities that do not involve
grading, provided that re-vegetation of the disturbed areas occurs immediately
Mason County Resource Ordinance 42 Revised June 20,2003
afterward.
e. Land clearing for which a permit has been obtained shall not be allowed during
the wet season, i.e. from November 1 through May 1, unless special provisions
for wet season erosion and landslide protection have been addressed in the
Geotechnical Report and approved by the Director.
3. Drainage
a. Surface drainage, including downspouts and runoff from paved or unpaved
surfaces u sloe shall not be directed onto
p p n o or within 50 feet above or onto the
face of a Landslide Hazard Area or its associated buffer. If drainage must be
discharged from the top of a Landslide Hazard Area to below its toe, it shall be
collected above the top and directed to below the toe by tight line drain and
provided with an energy dissipating device at the toe.
b. Stormwater retention and detention systems, including percolation systems
utilizing buried pipe or french drain, are prohibited unless a licensed civil engineer
certifies appropriate mitigation measures.
C. Erosion shall be controlled as provided in the Mason County Stormwater
Management Ordinance and any geotechnical report or geological assessment
prepared for the site.
4. Sewage Collection/Treatment Systems
Sewage collection and treatment systems shall be located outside of the Landslide
Hazard Areas and associated buffers, unless an approved geotechnical report specifies
appropriate mitigation measures. See Section 17.01.100.E.
5. Subdivision Design and Lot Size
For the purpose of determining lot sizes under Title 16 of the Mason County Code, and
other county regulatory requirements,the Director shall review available information and
required Geotechnical Reports or Geological Assessments under Section 17.01.100.E,
and make a decision on a case-by-case basis based on the reports. To avoid impacts to
anadromous fisheries and fish habitat, land divisions, (short plats, subdivisions, and large
lot divisions)shall not be approved unless:
a. No improvements or construction shall be within fish and wildlife habitat
conservation areas,wetlands, or their buffers, provided that necessary water or
wetland crossings or encroachments approved pursuant to other sections of the
Mason County Resource Ordinance or other county regulations may be permitted
for roads and utilities.
b. All lots must have designated building areas on which structures may be safely
located without the requirement for bulkheading, bank protection or other
structures that encroach on fish and wildlife habitat conservation areas, wetlands,
or their buffers. Future buildings are to be limited to such designated areas.
The number, size, or configuration of lots may be changed as a condition of approval to
meet this requirement.
6. Buffers
a. A 50 foot(15.25 meter) buffer of vegetation is required around the Landslide Hazard
Mason County Resource Ordinance 43 Revised June 20,2003
Area.
b. Upon finding substantial evidence that the proposed development is to be located
near or within a hazardous area, the Director may require a Geotechnical Report
or Geological Assessment pursuant to Section 17.01.100.E. Based on the results
of the Geotechnical Report or Geological Assessment,the Director may increase
the buffer.
C. An application may be made to reduce the buffer for the purpose of constructing
a single family residence on a lot existing or vested by December 6, 1996. Notice
of application for the reduction of the buffer shall be made as provided in Section
15.07.010 of the Mason County Development Code (which specifies how notice is
sent to adjacent property owners and posted on the site). The Director shall
approve such a reduction only on finding that the approval is conditioned as
necessary to be consistent with the recommendations contained within the
Geotechnical Report or Geological Assessment(described in Sections
17.01.100.E.) and on finding that impacts to anadromous fish or their habitat or to
fish and wildlife habitat conservations areas shall be avoided or mitigated as
detailed in an approved Habitat Management Plan (described in Section
17.01.110.)
7. Bulkheads and Bank Protection
Bulkheads and bank protections, along with related fill, constructed for landslide
stabilization measures approved under the Shoreline Master Program or the Fish and
Wildlife Habitat Conservation Area regulations, shall be consistent with recommendations
specified in a Geotechnical Report.
8. Residential Densities and Floor Area Ratios
The landslide hazard area and its buffer shall be counted in calculating the number of
dwelling units (determined by the size of the site and residential density allowed)or the
area of non-residential building (determined by the size of the site and the floor area ratio
allowed)that may be built on the site; provided that:
a. the development is outside of the landslide hazard area or its buffer, and
b. the development is able to comply with all county regulations without encroaching
on the landslide hazard area or its buffer.
Clustering of residential development away from landslide hazard area and its buffer may
receive a density bonus if performed meeting the design requirements contained in
Chapter 16.22, Mason County Code.
E. GEOTECHNICAL REPORT
1. Applicability
Every application for development within a Landslide Hazard Area or its buffer or within
250 feet of the buffer shall meet the standards of Section 17.01.100.D and shall require
either a Geological Assessment or a Geotechnical Report, or both, in accordance with the
following guidance:
Category a. Areas with slopes greater than 40 percent(21.8 degrees) will require an
Geotechnical Report.
Category b. Areas with any visible signs of earth movement such as debris slides,
Mason County Resource Ordinance 44 Revised June 20, 2003
earthflows, slumps and rockfalls, or areas within 200 feet of previously
mapped or recorded landslides will require a Geotechnical Report.
Category c. Areas within 100 feet of oversteepened or otherwise potentially unstable
slopes as a result of stream incision, stream bank erosion, and
undercutting by wave action will require an Geotechnical Report.
Category d. Areas with slopes between 15 percent(8.5 degrees)and 40 percent(21.8
degrees)will require a Geological Assessment, and may further require a
Geotechnical Report upon analysis of the following factors by the
Director:
(1) Lot size and use;
(2) Overall height of slope and maximum planned cut or fill (requires a
grading plan);
(3) Soil types and history of sliding in the vicinity (from the Geological
Assessment);
(4) Groundwater conditions, including depth to water and quantity of surface
seepage (from the Geological Assessment);
(5) Approximate depth to hard or dense competent soil, e.g. glacial till or
outwash sand (from the Geological Assessment);
(6) Impervious surfaces and drainage schemes (requires
development/grading plan);
(7) Wastewater treatment(requires on-site sewage disposal system
approval from Mason County Department of Health);
(8) Potential off-site impacts, including adjacent properties, roadways, etc.
(requires environmental statement dependant on scope of project).
2. Waiver of Geotechnical Report
The Director may waive the requirement for the Geotechnical Report for Category c and d
sites upon a written finding in the Geological Assessment that the potential for landslide
activity is low and that the proposed development would not cause significant adverse
impacts, or that there is adequate geological information available on the area proposed
for development to determine the impacts of the proposed development and appropriate
mitigating measures.
3. Qualifications of Preparer
The Geologic Assessment shall be prepared at the discretion of the Director by either a
licensed civil engineer with specialized knowledge of geotechnical/geological engineering
or a licensed geologist or engineering geologist with special knowledge of the local
conditions. The Geotechnical Report shall be prepared at the discretion of the Director by
a licensed civil engineer with specialized knowledge of geotechnical/geological
engineering or a licensed engineering geologist.
4. Content of the Geological Assessment
A Geological Assessment shall include but not be limited to the following:
(1) A discussion of geologic conditions in the general vicinity of the proposed
development, with geologic unit designation consistent with terminology used in
the Coastal Zone Atlas(Washington Department of Natural Resources, 1980) or
in applicable U.S. Geologic Survey maps (e.g. Geological Map of North Central
Mason County, by R.J. Carson, 1976, U.S. Geologic Survey OFR 76-2). Use of
Soil Conservation Service soil layer terminology is considered inappropriate for
this assessment.
Mason County Resource Ordinance 45 Revised June 20,2003
(2) A discussion of the ground water conditions at the site, including the depth to
water and the quantity of surface seepage.
(3) The approximate depth to hard or dense competent soil, e.g. glacial till or
outwash sand.
(4) A discussion of any geomorphic expression of past slope instability(presence of
hummocky ground or ground cracks,terraced topography indicative of landslide
block movement, bowed or arched trees indicating downslope movement, etc.).
(5) A discussion of the history of landslide activity in the vicinity, as available in the
Coastal Zone Atlas,the map of`Relative Slope Stability of the Southern Hood
Canal Area, Washington"by M. Smith and R.J. Carson, 1977; and the landslide
records on file with the Mason County Department of Community Development.
(6) An opinion on the potential for landslide activity at the site in light of the proposed
development.
(7) A recommendation by the preparer whether a Geotechnical Report should be
required to further evaluate site conditions and the proposed development of the
subject property.
5. Content of a Geotechnical Report
A Geotechnical Report shall include but not be limited to the following:
(1) A discussion of general geologic conditions, specific soil types, ground water
conditions and history of landslide activity in the vicinity as required for the
Geologic Assessment described above.
(2) A site plan which identifies the important development and geologic features.
(3) Locations and logs of exploratory holes or probes.
(4) A minimum of one cross section at a scale which adequately depicts the
subsurface profile, and which incorporates the details of proposed grade
changes.
(5) A description and results of slope stability analyses performed for both static and
seismic loading conditions.
(6) Appropriate restrictions on placement of drainage features, septic drain fields and
compacted fills and footings, including recommended setbacks from shoreline bluffs and
the tops of other slopes on the property.
(7) A detailed clearing and grading plan which specifically identifies vegetation to be
removed, a schedule for vegetation removal and replanting, and the method of vegetation
removal.
(8) A detailed temporary erosion control plan which identifies the specific mitigating measures
to be implemented during construction to protect the slope from erosion, landslides and
harmful construction methods.
(9) An analysis of both on-site and off-site impacts of the proposed development.
(10) Specifications of final development conditions such as, vegetative management,
drainage, erosion control, and buffer widths.
6. Applicable Standards
Geological Assessments and Geotechnical Reports shall be prepared using terminology,
descriptions, evaluation methods and mitigation approaches that reflect the current standard of
care for practitioners in the field of geologic hazards. The standard of care shall be considered to
be represented by, but not limited to, Turner,A.K. and Schuster, R.L. (1996; "Landslides,
Investigation and Mitigation", Transportation Research Board Special Report 247, National
Academy Press, Washington DC.)for classification, analysis and conceptual mitigation of
landslides; Washington Department of Ecology(1993; "Slope Stabilization and Erosion Control
Using Vegetation, A Manual of Practice For Coastal Property Owners", Publication No. 93-30,
Mason County Resource Ordinance 46 Revised June 20,2003
Olympia, WA; and "Vegetation Management: A Guide For Puget Sound Bluff Property Owners",
Publication No. 93-31, Olympia, WA)for vegetation management and it use in slope stabilization
and erosion protection; and Washington Department of Ecology(1995; "Surface Water and
Groundwater on Coastal Bluffs", Publication No. 95-107, Olympia, WA)for water and drainage
management and its use in slope stabilization and erosion protection.
7. Administrative Determination
Any area in which the Geotechnical report or geological assessment indicates the presence of
landslide hazards shall not be subjected to development unless the report demonstrates
conclusively that the hazards can be overcome, and that the development meets all standards in
Section 17.01.100.D. Hazards must be overcome in such a manner as to prevent harm to
property and public health and safety, and to assure no significant adverse environmental impact.
Impacts to anadromous fish or their habitat or to fish and wildlife habitat conservation areas shall
be avoided or mitigated as detailed in an approved Habitat Management Plan, as described in
Section 17.01.110. The Director may submit either the Geologic Assessment or the Geo-
technical Report to an outside agency with geotechnical expertise or to a geotechnical consultant
for third party peer review prior to issuing a ruling on the project.
F. APPLICANT HOLD HARMLESS STATEMENT
The property owner shall be required to acknowledge in writing the risks inherent in developing in a
geologic hazard area,to accept the responsibility of any adverse affects which may occur to the subject
property or other properties as a result of the development, and to agree to convey the knowledge of this
risk to persons purchasing the site by filing the notice on the property title.
Mason County Resource Ordinance 47 Revised June 20,2003
FIGURE: F 100
u
tar
>$ t s�
fiamoncisturc of parts of a landslide (few-Eckel, 1958):
i
,
i
Debris slide: incoherent or broken Passes of rock Earthflwi cobturlal suterials that save downslope
and other debris that move downslone by slid- —Ta a manner similar to a viscous fluid.
ing on a surface that underlies the deposit.
/
o' I/ •
C�. .
t.. .H Y'
$Iwo: coherent or l,tact aYsiet that rove 40,mtlope fockfall: rock that has Povtd prlm,arlly b-Y falling
`—1, rc Gtlotitl 114 on surfaces that WHcrlle at lFrovoh the air.
well at ptnttratt the landilldt ltpotlt.
Mason County Resource Ordinance 48 Revised 5101103
ATTACHMENT
B
INQUIRY BY NAME
Name Cd LEMO2600 DEBBIE LEMONNIER & STEVE CADY 1308 S 270TH ST
DES MOINES, WA 981989333
1 RP 32412 11 90004 PCL 1 OF BLA #98-25 #664773 43 , 200 T
PCL 8-D OF BLA #98-11 9122
Inquiry Type VL Select Line # 00 -or- Search for Parcel , , , , , , , , , ,
END OF DATA CMD 7 for EOJ HELP key Allowed
l
Mode : INQUIRY REAL PROPERTY Auto Roll : OFF
Parcel # 32412 11 90004 Rng 3 Twp 24 Sec 12 Tax Yr 2001
Taxpayer # LEMO 2600 DEBBIE LEMONNIER & STEVE CADY T/P Chg Dt 7/27/1998
Title Owner # LEMO 2600 DEBBIE LEMONNIER & STEVE CADY T/P Chg By WBS
Contract Owner # Loan #
Plat/Condo Type Code Blk Lot Unit Dock
Description PCL 1 OF BLA #98-25 #664773 Assoc M/H
PCL 8-D OF BLA #98-11 Chg Dt 7/27/1998
TR D OF SP #2674 Chg By WBS
Chg Rs RO
FS 00038 :H
Tax Code 0300 1 404 P3 L H Land Use 9122 VAC HB SW FR
Zoning Code Tax Stat TX TAXABLE Reval 3
Chg Rs F/P? Ac
Land: Improved Unimproved Timberland Total Land Improvement Total AV
Acres 50 90 1.40
Taxable 18, 200 10, 350 28, 550 28, 550
Market
New/C 0/AV Mob Home AV Sub Cd Int%
Sr Cit Cd Reg Exmpt O/R Regular Taxable 28, 550
Lien Date AF # As-Tx Yr App # Agr #
Command Keys : 5 , 6 , 7, 9, 12
Mode : INQUIRY REAL PROPERTY Auto Roll : OFF
Parcel # 32412 11 90003 Rng 3 Twp 24 Sec 12 Tax Yr 2001
Taxpayer # KNUD 2500 KNUDSEN, MARGIE L T/P Chg Dt 5/08/1998
Title Owner # KNUD 2500 KNUDSEN, MARGIE L T/P Chg By WBS
Contract Owner # Loan #
Plat/Condo Type Code Blk Lot Unit Dock
Description PCL 2 OF BLA #98-25 #664773 Assoc M/H
PCL 8-C OF BLA #98-11 Chg Dt 5/13/1998
TR C OF SP #2674 Chg By PJK
FS 00038 :G Chg Rs SG
Tax Code 0300 1 404 P3 L H Land Use 9122 VAC HB SW FR
Zoning Code Tax Stat TX TAXABLE Reval 3
Chg Rs F/P? Ac
Land: Improved Unimproved Timberland Total Land Improvement Total AV
Acres 30 130 1. 60
Taxable 9, 100 14, 950 24, 050 24, 050
Market
New/C 0/AV Mob Home AV Sub Cd Into
Sr Cit Cd Reg Exmpt O/R Regular Taxable 24, 050
Lien Date AF # As-Tx Yr App # Agr #
Command Keys : 5 , 6, 7, 9, 12
INQUIRY BY NAME
Name Cd LEMO2600 DEBBIE LEMONNIER & STEVE CADY 1308 S 270TH ST
DES MOINES, WA 981989333
1 RP 32412 11 90004 PCL 1 OF BLA #98-25 #664773 28, 550 T
PCL 8-D OF BLA #98-11 9122
Inquiry Type VL Select Line # 00 -or- Search for Parcel
END OF DATA CMD 7 for EOJ HELP key Allowed
i
ATTACHMENT
C
MASON COUNTY
PERMIT ASSISTANCE CENTER
Mason County Bldg.III 426 W.Cedar
P.O.Box 186 Shelton,WA 985M
(360) 427-9670 Belfair (360) 275-4467 Elma (360) 482-5269 Seattle (206) 464-6968
April 17, 2000
Steve Cady and Debbie Lemonnier
1308 So. 270th St
Des Moines, WA 98198-9333
RE : Parcel No. : 32412-11-90004
Stop Work Notice
Dear Mr. Cady and Ms . Lemonnier,
On April 13 , 2000 , our office posted a stop work notice for
the non-permitted construction occurring on your parcel, as
described above, situated on US Hwy 101, Lilliwaup in Mason
County.
It appears that your structure does not meet the
requirements for a permit exemption from the building department
and also must comply with Mason County Resource Ordinance and the
Mason County Shoreline Master Program regulations and permitting
requirements . For information on those regulations, you will
want to contact Randy Neff of the Mason County Planning
Department at (360) 427-9670 ext 363 .
Enclosed is the necessary permit applications and
information for submittal . Please make the necessary
arrangements to either submit for the after the fact permit or
remove the illegal construction prior to May 15, 2000 .
If you should have further questions regarding the
requirements for building permits, please contact me at (360) 427-
9670 ext 356 .
ino
Building Enforcement
CC : Property File
Dana Herron, Building Official
Mike Barth, Plans Examiner
Randy Neff, Planner
2-
SENDER: I also wish to receive the
:o ■Complete items 1 and/or 2 for additional services.H following services for an
■Complete items 3,4a,and 4b. 9
at ■Print your name and address on the reverse of this form so that we can return this extra fee):
2 card to you. y
> ■Attach this form to the front of the mailpiece,or on the back if space does not 1.El Addressee's Address 2
permit. 2.❑ Restricted Delivery N
� ■Write"Return Receipt Requested"on the mailpiece below the article number.
L ■The Return Receipt will show to whom the article was delivered and the date
delivered. Consult postmaster for fee. o
0 3.Article Addressed to: 4a.Article Number 0
STEVE CADY & DEBBIE LEMONNIER E
4b.Service Type 3
1308 SOUTH 270TH STREET ] Registered �Certified
DES MOINES WA 98198-9333 ] Express Mail LJ Insured
] Return Receipt for Merchandise ❑ COD
32412 11 90004 7. Date of D III ry 0
a,�L - 013 ' �
5.Received By: (Print Name) 8.Addressee' Address (Only if requested >
ISO AI
and fee is paid)
6. nre: (Addressee or Agent)
>. X
-E PS Form 3811, December 1994 102595-98-13-0229 Domestic Return Receipt
First-Class Mail
UNITED STATES POSTAL SERVICE Postage&Fees Paid
USPS
Permit No.u-10
•Print your name, address, an C V
his box •
TAMI GRIFFEY
MASON COUNTY PERMI "*Irr
P 0 BOX 186SHELTON WA 98584 .rj,�
f
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36 �7 t .
SIP 24 RANGE 3 - -
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(VACATED BEACHMONT)
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Vh A-reb S.P. 846 N 60' of S 504' 1100060 SF 846
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?LA-.T. Tr.4 TrA Tr.4 3 S.P.781 N 60' Of S 440' 1100070 SP 781
T.4 T.4 S.P. 847 N 60' of S 380' 1100080 8P 847
\ns N 60' of S 320' 1100090
Tr. 3 1100030
Tr. 2-e 1100022
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Tr. 2 1100020 ar{I
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1100021
427-9670 MASON COWITY NO 2269
BUILDING DEPARTMENT
ALL PERSONS ARE HEREBY ORDERED TO AT ONCE
TOP WORK
On these Premises at
This order is issued because kfe-- 4
Posted � . r
-- ---- P.M. — � � 13_2®O� By. �"n
The failure to stop work, the resuming of work without permission from the
WARNINGBuilding Official, or the removal, mutilation, destruction or concealment of this
Notice is punishable by fine and imprisonment.
4� i' �,,j 4 � ♦11" F , ' , i 1
4 �a
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WA
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ij
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ATTACHMENT
D
PERMIT NO.: BLDO c3
MASON COUNTY
BUILDING PERMIT APPLICATION ( �1
426 W.Cedar/P.O.Box 186,Shelton,WA 98584
Shelton 360 427-9670 Belfair 360 275-4467 Elma 360 482-5269 Seattle 206 464-6968
APPLICANT INFORMATION CONTRACTOR INFORMATION
Owner t' i '! (")`� Contractor Name
Mailing Address %;'/„ Mailing Address
City X1�Al 7 StateL-,"! Zip Code ~ City State Zip Code
Phone( 6*? J��2.g&40ther Ph.( '3 3): 5 Ph.( ) Other Ph.(
Lien/Title Holder 'fJr��.2,�r�tl liiiledc- Contractor Reg. #
Address Expiration
SEPTIC/WATER SYSTEM INFORMATION-Conne to New Septic Existing Septic Connect to Sewer
System Name of Im Name of
Water S
P RCEL INFORMATION-12 digit Tax Parcel No. Fire Distric
Legal Description C-01'q iy�.J
Site Address(Please include street name, street number and city)
_ Lilh
Directions to site "' ) /L— 1 4 r i /
Will timber be cut and sold in parcel preparation? (Yes/No)
Is your property within 200' of the following: Body of Water (Name) '4,, Saltwater ✓
Lake River/Creek Pond Wetland Seasonal Runoff Stream Slopes or
Bluffs
TYPE OF JOB New Add Alt Repair Other Use of Building
Describe Work Zt141 e r ,J p C
No. of Bedroofns No. �f ,�,athrooms-k/& SQUARE FOOTAGE-1st Floor2nd Floor3rd Floor / Loft Baseme t Dec Other sq. ft.
Garage Attached Detached 41 ecarport -4W Attached,444 Detached
MOBILE HOME INFORMATI N- ake Model Model Year
Length Width eri"o. ms
Typ�f H at ---=-- urAW. se Price Replacement Unit ?(Yes/No)
Installer Name / Certification No.
NOTICE: THIS RERMIT BECOMtS NULL 8 Vold,,I W- 04�K`9R CONSTf dd1rION AUTHOKIZED IS NOT*;commENC!Eb WITHIN 180 DAYS OR,IF
CONSTRUCTION WORK IS SUSPENDED OR ABA N' NN FOR PERIOD OF 180 DAYS AT ANYTIME AFTER THE WORK IS COMMENCED.
PROOF OF CONTINUATION OF WORK IS BY MEANS OF A PROGRESS INSPECTION. The owner or agent on owner's behalf,represents that the
information provided is accurate and grants employees of Mason County access to the above described property and structures for review and
inspection of this project. Acknowledgment of such is by signature below:
OWNER AFFIDAVIT-I certify that I am exempt from the requirements of the CONTRACTOR'S AFFIDAVIT-I certify that I am currently registered as a
Contractor Registration Law RCW 18.27 and am aware of the ordinance contractor in the State of Washington and that I am aware of the ordinance
requirements for which this permit is issued and that all work will be done in requirements regulating the work for which this permit is issued and all work
conformance therewith. No changes shall be made without first obtaining shall be done in conformance therewith. No changes shall be made without
approval. first obtaining approval.
X Date X Date
FOR OFFICIAL USE BEYOND THIS POINT
Accepted by Date Submittal Amount Due Receipt No.
DERARTMENTAI RtMVI W APPROvIwp l? NIIwD ' CONDITION CODE$
Puilding Department
tr'" 01e"Ot - C'l�0 5G�
Occ Group Type Constr. .--s
Planning Department
Environmental Health Department
Public Works Department
Fire Marshal
Valuation $
FEiBS
Building Permit Fee Site Inspection
Plan Review Fee UFC Plan Review Fee
Plumbing & Base Fee Public Works Review Fee
Mechanical & Base Fee Other
Wood/Gas/Pellet Stove Fee Other --�
Violation Fee Pre-Paid at Submittal ( )
,:,:•'.}`.:}'i•};>7' r,+.•' Y ':•�::Yni:':•:I{•f t�in�X•Y,.l:}:•y:i:•::�iiiiiiii}ii.`iiiji:•i:•!!{::iiiiiii::
.•i,r�:„Maz'�t<a:v:ri.•�%i':�t�'t:•wbetG%:f'.:>a:w;.v:•..c.�x S:%try;::•m.,,:
r...:k:',``•.,.f,.:.:.,,.�.yq,.�x<:s:., ..�::t:,a.;:�••'u:'•,:`n.�'M,•<?t.•<^:,.'.,.'•:?.:.�c``x;•:i:•i.t::r:;•:r:•:o.::%.'<2::r;ti:.i::v;::;;:+;.i;�:;:n::ts.:i::s:r.,;�{Y•.:;;.;:•.;::'y:',.y.:i::
TOTAL FEES
bhNE+rotv
+.t.::.:;.:•;:
PERMIT NO.: BLD 1' 3
MASON COUNTY
BUILDING PERMIT APPLICATION
426 W.Cedar/P.O.Box 186,Shelton,WA 98584
Shelton 360 427-9670 Belfair 360 275-4467 Elma 360 482-5269 Seattle 206 464-6968
APPLICANT INFORMATION CONTRACTOR INFORMATION
Owner ' ftQY Contractor Name
Mailing Address y,2 Ste' Mailing Address
City , 7- StateaAl Zip Code � City State Zip Code
Phone( 3) t _ they Ph.(,),6-'-T) Ph.( Other Ph.(
Lien/Title Holderh,f(jo afrW Contractor Reg. #
Address Expiration / /
SEPTIC/WATER SYSTEM INFORMATION-Conn e to New Septic -Existing Septic Connect to Sewer
System Name of -system J Well Watef•3ystem Name of
Water
PARCEL INFORMATION-12 digit Tax Parcel No. J,.?V 42 ) Fire Distric
Legal Description�'Dl``'�
Site Address(Please include street name, street number and city)_
Directions to site ! T J c- , .
*' / 7,
Will timber be cut and sold in parcel preparation? (Yes/No) b&2 � /
Is your property within 200' of the following: Body of Water(Name) /'`'` 0d Saltwater
Lake River/Creek Pond Wetland Seasonal Runoff Stream Slopes or
Bluffs
TYPE OF JOB New Add Alt Repair Other Use of Building �fT,4'%16F „Jf1r�
Describe Work grgel., c
No. of Bedroofis No. f athrooms SQUARE FOOTAGE-1st Floor /JO fv 2nd Floor
3rd Floor ! Loft 4 . Baseme t Dec Other sq. ft.
Garage Attached Detached Carport Attached Detached
MOBILE HOME INFORMATI N- ake Model Model Year
Length Width eri�o. s
Ty lay se rice Replacement Unit ?(Yes/No)
Installer Name //// Certification No.
NOTICE: THIS RERMIT BECOMES NULL&VOID IF`W K-qR CONSTA66TION AUTHOkIZED'IS NOI"COMMENCED WITHIN 180 DAYS OR IF
CONSTRUCTION WORK IS SUSPENDED OR ABAN�OOP FORA PERIOD OF 180 DAYS AT ANY AFTER THE WORK IS COMMENCED.
PROOF OF CONTINUATION OF WORK IS BY MEANS OF A PROGRESS INSPECTION. The owner or agent on owner's behalf,represents that the
information provided is accurate and grants employees of Mason County access to the above described property and structures for review and
inspection of this project. Acknowledgment of such is by signature below:
OWNER AFFIDAVIT-1 certify that I am exempt from the requirements of the CONTRACTOR'S AFFIDAVIT-1 certify that I am currently registered as a
Contractor Registration Law RCW 18.27 and am aware of the ordinance contractor in the State of Washington and that I am aware of the ordinance
requirements for which this permit is issued and that all work will be done in requirements regulating the work for which this permit is issued and all work
conformance therewith. No changes shall be made without first obtaining shall be done in conformance therewith. No changes shall be made without
approval. first obtaining approval.
X Date X Date
FOR OFFICIAL USE BEYOND THIS POINT
Accepted by Date Submittal Amount Due Receipt No.
DEPgRTM NTAI"'REVIEW APPROVED DENIED'> CONDITIDN COID.0
Building Department Q- 1401 C e ,sZf30'f, - cv0 5 e--
Occ Group Type Constr.
Planning Department
Environmental Health Department
Public Works Department
I
I
Fire Marshal
Valuation $
FEES
Building Permit Fee Site Inspection
Plan Review Fee UFC Plan Review Fee
Plumbing & Base Fee Public Works Review Fee
Mechanical & Base Fee Other 15 00
Wood/Gas/Pellet Stove Fee Other
Violation Fee Pre-Paid at Submittal ( )
...........................:::::::::.:
TOTA
L FEES
PERMIT NO ' BLD I^=—u�q
MASON COUNTY Sl
.BUILDING PERMIT APPLICATION 1
426 W.Cedar/P.O.Box 186,Shelton,WA 98584
Shelton 360 427-9670 Belfair 360 275-4467 Elma 360 482-5269 Seattle 206 464-6968
APPLICANT INFORMATION CONTRACTOR INFORMATION
Owner Contractor Name
Mailing Address Mailing Address
City State Zip Code City State Zip Code
Phone( ) Other Ph.( j Ph.( Other Ph.(
Lien/Title Holder Contractor Reg. #
Address Expiration
SEPTIC/WATER SYSTEM INFORMATION-Conn to New Septic Existing Septic Connect to Sewer
System Namef S_oewef�-&ystem e t --Welt •-•Water-3ystm Name of
Water Systeffrnz
PARCEL INFORMATION-12 digit Tax Parcel No. Fire District ?
Legal Description �-.:, r
Site Address(Please include street name, street number and city)
Directions to site
Will timber be cut and sold in parcel preparation? (Yes/No)
Is your property within 200' of the following: Body of Water (Name) Saltwater
Lake River/Creek Pond Wetland Seasonal Runoff Stream Slopes or
Bluffs
TYPE OF JOB Newer/ Add Alt Repair Other Use of Building "'�• ':•.� ;4
' Describe Work : ,x r t 4 f; Afc•
No. of Bedrooms No. 99f Bathrooms SQUARE FOOTAGE-1st Floor /:,1 <- 2nd Floor
3rd Floor � Loft All#
, Basement R1,4 Dec . ;?' -!` Other sq. ft.
Attached ,ADetached Carport Attached. Detached %
MOBILE HOME INFORMATION-Make Model Model Year
Length Width erill NO.
Typ'e-ef-Heat--• u se Pnce $ Replacement Unit ?(Yes/No)
Installer Name Certification No.
NOTICE: THIS PERMIT BECOMES NULL&VOID IF�WORK OR CONSTRUCTION AUTHORIZED IS NOT COMMENCED WITHIN 180 DAYS OR IF
CONSTRUCTION WORK IS SUSPENDED OR ABANbON&FOR A PERIOD OF 180 DAYS AT ANY TIME AFTER THE WORK IS COMMENCED.
PROOF OF CONTINUATION OF WORK IS BY MEANS OF A PROGRESS INSPECTION. The owner or agent on owner's behalf,represents that the
information provided is accurate and grants employees of Mason County access to the above described property and structures for review and
inspection of this project. Acknowledgment of such is by signature below:
OWNER AFFIDAVIT-1 certify that I am exempt from the requirements of the CONTRACTOR'S AFFIDAVIT-1 certify that I am currently registered as a
Contractor Registration Law RCW 18.27 and am aware of the ordinance contractor in the State of Washington and that I am aware of the ordinance
requirements for which this permit is issued and that all work will be done in requirements regulating the work for which this permit is issued and all work
conformance therewith. No changes shall be made without first obtaining shall be done in conformance therewith. No changes shall be made without
approval. first obtaining approval.
X Date X Date
FOR OFFICIAL USE BEYOND THIS POINT
Accepted by Date Submittal Amount Due Receipt No. `
DEPARTMENTAL REVIEW APPROVED DENIED CONDITION C0,17E5
Building Department w t4- r C
Occ Group Type Constr. 7
Planning Department
Environmental Health Department
Caw13 O
Public Works Department
Fire Marshal
Valuation $
FEES
Building Permit Fee Site Inspection
Plan Review Fee UFC Plan Review Fee
Plumbing & Base Fee Public Works Review Fee
Mechanical & Base Fee er Ca
Wood/Gas/Pellet Stove Fee Other
Violation Fee Pre-Paid at Submittal ( )
CIO 0 6,
PERMIT NO. BLD
MASON COUNTY Jr
BUILDING PERMIT APPLICATION
426 W.Cedar/P.O.Box 186,Shelton,WA 98584
Shelton(360)427-9670 Belfair 360 275-4467 Elma(360)482-5269 Seattle(206)464-6968 <:7)
APPLICANT INFORMATION CONTRACTOR INFORMATION
Owner �`i-eV.,-:- c'AL)LI Contractor Name
Mailing.,Address Mailing Address
City, ,rex/7- State, k Zip Code City State Zip Code
Phone(,2T3) EL2-, they Ph.(,53) Ph.( Other Ph.(
Lien/Title Holder,41A'/yQJ&W- Zol,?%de2-11 Contractor Reg. #
Address Expiration
SEPTIC/WATER SYSTEM INFORMATION-Conne to New Septic Existing Septic Connect to Sewer
System Name of. tem W *ftrt7St"n Name of
Water S -zv
PARCEL INFORMATION-12 digit Tax Parcel No. Fire District /7'
Legal Description C-.QPV 1,0172V
Site Address(Please include street name, street number and city) AP--Y, 1191
Directions to site
�OAI 1W e-ZXVA1 -r,- '1061 fe-e
^'0',4t6,X. A1,;',1e77V J�WI
6ewcov 4,illyV7, !ygot no RAC lee-
Will timber be cut and sold in parcel preparation? (Yes/No)' A19
Is your property within 200' of the following: Body of Water (Name) 1�40d �ifA qc Saltwater v**'
Lake River/Creek— Pond Wetland Seasonal Runoff Stream Slopes or
Bluffs
TYPE OF JOB New Add Alt Repair_ Other Use of Building CaeA6,r JeMQ
Describe Work *0A1vArA0o1J XY-yele AOICD Vlep A
No. of Bedroo sA"No. gf iJathrooms Al
_A& SQUARE FOOTAGE-1st Floor 2nd Floor 1A
3rd Floor Loft Pr Basemedt Other sq. ft.
GarageDeck
—Ad �
At
tached Carport Attached
1 4&2etached
MOBILE HOME INFORMATI N-Make Model Model Year
Length Width�7,Kerlo. t5atnrams
Type-g��� u se Price $ Replacement Unit ?(Yes/No)
Installer Name Certification No.
NOTICE: THIS PERMIT BECOMES NULL&VOID IF WORK OR CONSTRUCTION AUTHORIZED IS NOT COMMENCEDWITHIN 180 DAYS OR IF
CONSTRUCTION WORK IS SUSPENDED OR ABAWDONED FOR A PERIOD OF 180 DAYS AT ANY TIME AFTER THE WORK IS COMMENCED.
PROOF OF CONTINUATION OF WORK IS BY MEANS OF A PROGRESS INSPECTION. The owner or agent on owner's behalf,represents that the
information provided is accurate and grants employees of Mason County access to the above described property and structures for review and
inspection of this project. Acknowledgment of such is by signature below:
OWNER AFFIDAVIT-1 certify that I am exempt from the requirements of the CONTRACTOR'S AFFIDAVIT-1 certify that I am currently registered as a.
Contractor Registration Law RCW 18.27 and am aware of the ordinance contractor in the State of Washington and that I am aware of the ordinance
requirements for which this permit is issued and that all work will be done in requirements regulating the work for which this permit is issued and all work
conformance therewith. No changes shall be made without first obtaining shall be done in conformance therewith. No changes shall be made without
approval. first obtaining approval.
-X Date X —Date
FOR OFFICIAL USE BEYOND THIS POINT
Accepted by Date Submittal Amount Due Receipt No.
..............
DEPARTMENTAL REVIEW APPROVED DENIED CONDITION CODES
Building Department e-t4o ea C- /0 e A o o c - 0 oo 5-ev
Occ Group t1- Type Constr. 7_
Planning Department
Environmental Health Department
Public Works Department
Fire Marshal
Valuation $
.............
...... FEES
Building Permit Fee Site Inspection
Plan Review Fee UFC Plan Review Fee
Plumbing & Base Fee Public Works Review Fee
Mechanical & Base Fee Other
Wood/Gas/Pellet Stove Fee Other
Violation Fee Pre-Paid at Submittal
T
—........................ ..
OTALFEES
......... ..
ATTACHMENT
E
L
I1fIASON COU1vTY
DEPARTMENT OF PLANNING
BUILDING I 411 N: 5TH ST. • P.O. BOX 578
SHELTON, WASMNGTON 98584 (360) 427=9670
July. 11, 2.000
Steve Cady
9812 S 252nd St
Kent, WA 98031
Dear Mr. Cady,
This ,letter is. in regards, to your application to build a storage
shed in Mason County. Please find enclosed a Notice to
Applicants. As stated in the notice, Mason county is subject to
an Order of Invalidity imposed by the Western Washington Growth
Management Hearings Board on January 14th of this 1999 .
Unfortunately the Order of Invalidity is' still in effect and does
affect your project as proposed. Your project can not be approved
by -the Planning Department at this time for the following
.reasons:
1) The application was turned in after January 14, 1999 with no
claim of vesting.
2) Your shed would be located in a portion of the county that was
designated by the Comprehensive Plan as a "Rural Area."
3) The shed would be defined as a structure in the Mason County
Development Regulations and does not appear to> be- an accessory to
an existing residence.
4) .The proposal does not appear to meet any of the invalidity
exemption criteria as described in RCW36.70A.302 (enclosed) .
Your permit will be placed on "Hold" until the situation has been
resolved. We are hopeful that this situation will be resolved by
. early 2001. If you have any further questions, please call me at
extension 273 .
nce ely,
v Sal er
Planning Director
GARY YANDO,DIRECTOR
' P��N.STgrFO
c M0 DEPARTMENT OF COMMUNITY DEVELOPMENT
v
p T p r PLANNING-SOLID WASTE- UTILITIES
yoo N Y oy BLDG. I . 411 N. 5n ST. • P.O. BOX 578
1ssa.. a SHELTON,WA 98584 •. (360)427-9670
NOTICE TO APPLICANT'S
On December 5, 1996, the Western Washington Growth Management Hearings Board.issued a
Final Decision and Order regarding Case No. 96-2-0023, Dawes vs.-, Mason Coulity. The
Growth :Management. Hearings Board order invalidates a portion of the Mason County
Comprehensive Plan and portions of the mason County Platting Onqpnce and Development
Regulations. The:portions invalidated are as follows:
The Mason County Comprehensive Plan,
Section:III-3 Rural Lands;
Ordinance#82-96, Development Regulations
Section 1.03.032 Minimum Lot Sues,
Section,1.02.042 General Rural Areas,
Section 1:02.044 Rural Activity Centers,
Section 1.02.047 Resource Conservation Master Plan, and
Section 1.02.048 Working Rural Areas; and
Ordinance#82-96, Amendments to Title 16, Plats and Subdivisions,
Section 16.22.039 Mixed Uses "as it applies only to Rural Activity
Centers and Rural Community Centers."
Copies of the Hearings Board orders are available for review at the reception counters of the
Department of Community Development, the Building Department, and the Environmental Health
Department. All permit applicants are encouraged to review these orders carefully as they may
4ffect the legal rights of any application filed after December 5, 1996.
HOW WILL TffiS AFFECT YOU? All permit and/or development applications submitted to
Mason County after the date of the Growth Management Hearings Board order (after December
5, 1996) are subject to this order. In addition, the order has been challenged in Superior Court.
Until the county is able to revise the sections that have been invalidated and until that revision is
approved by the Hearings Board, and/or until these issues have been resolved in court, the legal
status of applications cannot be ascertained. The Mason County Board of Commissioners has
directed county staff to continue to accept applications for subdivisions, large lot plats, and
short plats and review them for completeness. Complete applications for these land divisions
will be held by the county and not receive further processing until the legal status of the
application can be determined.
The cur-rent situation is a temporary one, but it is unclear how long it may continue. The county
has 180 days to comply with the Final Decision and Order, but the time needed for resolution
through the court review process is unknown.
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SCHEDULE C
Commitment No: 33787 Page 3
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF WASHINGTON,
COUNTY OF MASON AND IS DESCRIBED AS FOLLOWS;
THAT PART OF GOVERNMENT LOT 1, SECTION 12, TOWNSHIP 24 NORTH,
RANGE 3 WEST, W.M. , IN MASON COUNTY, WASHINGTON, DESCRIBED AS
FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID GOVERNMENT LOT 1;
THENCE ALONG THE NORTH LINE OF SAID GOVERNMENT LOT 1, SOUTH
83012/3711 EAST 768.05 FEET TO THE TRUE POINT OF BEGINNING;
THENCE SOUTH 05*5415511 WEST 150.00 FEET;
THENCE SOUTH 75000/00/1 EAST 318 FEET, MORE OR LESS, TO THE
EAST LINE OF THE RIGHT OF WAY FOR S.R. 101;
THENCE SOUTHERLY, ALONG THE EAST LINE OF THE RIGHT OF WAY FOR
S.R. 101, 77 FEET;
THENCE SOUTH 75*0010011 EAST 70 FEET MORE OR LESS TO THE EAST
LINE OF SAID GOVERNMENT LOT 1;
THENCE NORTHERLY, ALONG THE EAST LINE OF SAID GOVERNMENT LOT 1
TO THE NORTH LINE OF SAID GOVERNMENT LOT 1;
THENCE NORTH 83*1213711 WEST, ALONG THE NORTH LINE OF SAID
GOVERNMENT LOT 1, 410 FEET, MORE OR LESS, TO THE TRUE POINT OF
BEGINNING; EXCEPTING THEREFROM THE RIGHT OF WAY FOR S.R. 101.
TAX PARCEL NO: 32412-11-90004
Chapter 36.70A.302 RCW - The Washington State Legislature Page 1 of 2
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Legislature Home ( Senate I House of Representatives
Inside the Legislature RCW TITLES>>TITLE 36>> CHAPTER 36.70A>>SECTION 36.70A.302
*'Find Your Legislator 36.70A.300 << 36.70A.302 >> 36.70A.305
* Participating in the ...._._ ---_-
Process
* Legislative Calendars RCW 36.70A.302
-Bill Information Determination of invalidity--Vesting of development permits --Interim controls.
Laws and Agency Rules
* Legislative Agencies (1)A board may determine that part or all of a comprehensive plan or development reg
#`Legislative E-mail Lists invalid if the board:
* Kids Page
Outside the Legislature (a) Makes a finding of noncompliance and issues an order of remand under RCW3_I
* Washington State (b) Includes in the final order a determination, supported by findings of fact and cons
History and Culture law, that the continued validity of part or parts of the plan or regulation would substantiz
Congress-The other with the fulfillment of the goals of this chapter; and
Washington
*-TV Washington (c)Specifies in the final order the particular part or parts of the plan or regulation the
* Washington Courts determined to be invalid, and the reasons for their invalidity.
*Access WA
(2)A determination of invalidity is prospective in effect and does not extinguish right
under state or local law before receipt of the board's order by the city or county. The de
invalidity does not apply to a completed development permit application for a project th,
under state or local law before receipt of the board's order by the county or city or to rel
construction permits for that project.
(3)(a) Except as otherwise provided in subsection (2)of this section and (b)of this s
development permit application not vested under state or local law before receipt of the
by the county or city vests to the local ordinance or resolution that is determined by the
substantially interfere with the fulfillment of the goals of this chapter.
(b) Even though the application is not vested under state or local law before receipt
or city of the board's order, a determination of invalidity does not apply to a developmer
application for:
(i)A permit for construction by any owner, lessee, or contract purchaser of a single-I
residence for his or her own use or for the use of his or her family on a lot existing befo
the county or city of the board's order, except as otherwise specifically provided in the t
to protect the public health and safety;
(ii)A building permit and related construction permits for remodeling, tenant improvE
expansion of an existing structure on a lot existing before receipt of the board's order b
city; and
(iii)A boundary line adjustment or a division of land that does not increase the numt
lots existing before receipt of the board's order by the county or city.
(4) If the ordinance that adopts a plan or development regulation under this chapter
savings clause intended to revive prior policies or regulations in the event the new plan
are determined to be invalid, the board shall determine under subsection (1)of this sec
the prior policies or regulations are valid during the period of remand.
(5)A county or city subject to a determination of invalidity may adopt interim control:
http://www.leg.wa.gov/RCW/index.cfm?section=36.70A.302&fuseaction=section 5/18/2004
I 1
Chapter 36.70A.302 RCW - The Washington State Legislature Page 2 of 2
measures to be in effect until it adopts a comprehensive plan and development regulati
comply with the requirements of this chapter. A development permit application may ve
interim control or measure upon determination by the board that the interim controls an,
measures do not substantially interfere with the fulfillment of the goals of this chapter.
(6)A county or city subject to a determination of invalidity may file a motion requesti
board clarify, modify, or rescind the order. The board shall expeditiously schedule a he,
motion. At the hearing on the motion, the parties may present information to the board i
part or parts of the comprehensive plan or development regulations to which the final of
The board shall issue any supplemental order based on the information provided at the
later than thirty days after the date of the hearing.
(7)(a) If a determination of invalidity has been made and the county or city has enac
ordinance or resolution amending the invalidated part or parts of the plan or regulation
interim controls on development affected by the order of invalidity, after a compliance h
board shall modify or rescind the determination of invalidity if it determines under the st
subsection (1)of this section that the plan or regulation, as amended or made subject t
controls, will no longer substantially interfere with the fulfillment of the goals of this cha[
(b) If the board determines that part or parts of the plan or regulation are no longer ii
provided in this subsection, but does not find that the plan or regulation is in compliance
requirements of this chapter, the board, in its order, may require periodic reports to the
progress the jurisdiction is making towards compliance.
[1997 c 429§16.]
NOTES:
Prospective application --1997 c 429§§ 1-21: See note following RCW 36.70A_.3,
Severability--1997 c 429: See note following RCW 36.70A.3201.
http://www.leg.wa.gov/RCW/index.cfm?section=36.70A.302&fuseaction=section 5/18/2004
i
ATTACHMENT
F
MASON COUNTY j
DEPARTMENT OF COMMUNITY DEVELOPMENT
Planning /03
Mason County Bldg. 1 411 N.5th
P.O.Box 279 Shelton,WA 98584
(360) 427-9670 Belfair (360) 275-4467 Elma (360) 482-5269 Seattle (206) 464-6968
June 20, 2003
Debbie Lemonnier C /
Steve Cady
1308 S 270`h St.
Des Moines, WA 98198-9333
Steve Cady
9812 S 252n, St.
Kent, WA 98031
RE: Tax Parcel Number 32412-11-90004/BLD2000-00623
Dear Ms. Lemonnier and Mr. Cady:
In May 2000, you submitted a Mason County Building Permit Application to address
code enforcement case ENF2000-00056 (construction of a stick-built shed without permit
approval). At the time that the permit application was submitted, it was placed"on hold."
The application was placed "on hold"because an Order of Invalidity, issued by the
Western Washington Growth Management Hearings Board, was in effect. The effect of
the order was to limit County review and approval of building permits to permits for the
construction of single-family residences and construction of structures appurtenant to
existing single family residences, with several exceptions. Because your shed was not
appurtenant to an existing single-family residence, the permit application was placed"on
hold."
Now that the Order of Invalidity has been lifted, County staff are able to review your
application, BLD2000-00623. In reviewing your file, I noted that only the Building
Permit Application and associated structural engineering were submitted. Given the
structure's nonconforming location (approximate 20' setback from Ordinary High Water)
and location within 250' of a slope that meets or exceeds 40%, additional submittals are
required to facilitate permit review by Planning Department staff. These include:
• Mason County Resource Ordinance Variance Application: Mason County
Resource Ordinance section 17.01.110 provides that no construction/development
activity can occur within 100' of the Ordinary High Water Mark, absent permit
review and approval. This 100' regulated buffer distance can be reduced per section
17.01.110(D)(2)—copy enclosed—which I do not believe applies to your parcel.
Please notify me if existing residences are located within 150' of your side lot lines
and within 200' from the Ordinary High Water Mark. The Variance application fee is
$1,200. The Variance application must include a Habitat Management Plan, as
detailed in section 17.01.110(J)—enclosed.
• Geotechnical Report: Due to the structure's location within 250' of slopes that
exceed 40%, you must submit a geotechnical report that meets the requirements
detailed in section 17.01.100(E)(5)—enclosed.
• Development Regulations compliance: I was unable to determine specific front and
side yard setback figures from the site plan submitted. Please submit a detailed site
plan depicting the measured distances from the structure to the Right of Way of
Highway 101 and to each of the side lot lines. If the structure does not meet the
setback requirements, you will be required to submit Development Regulations
Variance application(s).
You should understand that submittal of the items noted above does not guarantee permit
approval. The Variance application(s) will be reviewed to ensure that the proposal meets
the applicable Variance criteria. To avoid the additional requirements, you have the
option of removing or relocating the structure. Please submit the additional items by July
25, 2003, so that the enforcement case can be resolved and your building permit
application processed in a timely fashion. Thank you for your anticipated cooperation. If
you have questions or concerns regarding this matter, please contact me at (360) 427-
9670 ext. 593. 1 look forward to working with you to resolve this matter.
Sincerely,
Kristin French
Code Enforcement Planner
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KRISTIN FRENCH
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MASON COUNTY PLANNING
P 0 BOX 279 rn
SHELTON WA 98584
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ailing receipt (as anaa)ZeoZ aunr'ooec Wjod Sd
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:ord of delivery kept by the Postal Service for two years .,
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IMPORTANT:Save this receipt and present it when making an inquiry.
Internet access to delivery information is not available on mail
addressed to APOs and FPOs.
KRISTIN FRENCH
In MASON COUNTY PLANNING
rij
P O BOX 279
Ir` SHELTON WA 98584
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ATTACHMENT
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January 15, 2004
Steve Cady
Debbie Lemonnier
1308 S 270th St
Des Moines WA 98198-9333
RE: Mason County Building Permit Application No. BLD2000-00623 and Parcel No.
324121190004.
Dear Steve and Debbie,
This letter serves to inform you that the above mentioned building permit
application is being cancelled. Based upon the available information the building permit
application was applied for in May of 2000. Mason County building permit applications
are valid for 180 days following submittal. If the application is not complete within this
180 days they may be cancelled. Since submittal of this application multiple letters and
phone calls have been made to you informing you of information, application and actions
necessary to resolve the issue with your unpermitted"storage shed"along the Hood
Canal shoreline. Since you have failed to address these issues in a timely manner your
building permit is being cancelled. Unless you submit the information requested and/or
take actions necessary to resolve this violation your building permit no. BLD2000-00623
will be cancelled on February 15, 2004. If information is not received to process this
building permit, the structure in question must be completely removed in association with
an approved Mason County Demolition Permit, available from the Mason County Permit
Assistance Center. Thank you for your time and attention.
Sincerely,
Scott Longanecker, Senior Planner
Mason County DCD
Phone 360 427-9670 ext. 286
Email scottl(aco.mason.wa.us
COMPLETE .N COMPLETE THIS SECTION ON DELIVERY
■ Complete items 1,2,and 3.Also complete A. Signature
item 4 if Restricted Delivery is desired. ❑Agent
X ❑ Addressee
■ Print your name and address on the reverse
so that we can return the card to you. B. Received by(Printed Name) C. Date of Delivery
■ Attach this card to the back of the mailpiece,
or on the front if space permits.
D. Is delivery address different from item 1? ❑Yes
1. Article Addressed to: If YES,enter delivery address below: ❑ No
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4. Restricted Delivery?(Extra Fee) ❑Yes
2. Article Number 7002 3150 0000 7909 1420
(Transfer from service label)
a rn Receipt 102595-02-M-1540
MASON COUNTY _
DEPARTMENT OF C
P.O.Box 279 0-
Shelton,WA 98584 S P 0 S I A u t y`
APR 13'04 4 A 2
7002 3150 OOoO 7909 1420 \
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ATTACHMENT
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MASON COUNTY Shelton (360) 427-9670
DEPARTMENT OF COMMUNITY DEVELOPMENT Belfair (360) 275-4467
Planning
Mason County Bldg. 1 411 N.5th Elma (360) 482-5269
P.O.Box 279 Shelton,WA 98584
4 - � - 0y
April 9, 2004
Steve Cady
Debbie Lemonnier
1308 S 270`h St
Des Moines WA 98198-9333
RE: Mason County Building Permit Application No. BLD2000-00623 and Parcel No.
324121190004.
Dear Steve and Debbie,
This letter serves to inform you that the above mentioned building permit
application has been cancelled. Based upon the available information the building permit
application was applied for in May of 2000. Mason County building permit applications
are valid for 180 days following submittal. If the application is not complete within this
180 days they may be cancelled. Since submittal of this application multiple letters and
phone calls have been made to you informing you of information, application and actions
necessary to resolve the issue with your unpermitted"storage shed"along the Hood
Canal shoreline(most recent letter dated January 15,2004,warning of pending permit
cancellation). Since you have failed to address these issues in a timely manner your
building permit has been cancelled. Please contact Kristin French,Mason County
Enforcement Planner at(360)427-9670 ext. 593 regarding status of enforcement actions.
Sincerely,
Sc ganecker, Senior Planner
M o County DCD
Phone 360 427-9670 ext. 286
Email scottlAco.mason.wa.us
CC: Kristin French, Planning Enforcement
Darren Nienaber, Deputy Prosecuting Attorney
Certified Mail Provides:
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Important Reminders:
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valuables,please consider Insured or Registered Mail.
■ For an additional fee,a Retum Receipt may be requested to provide proof of
delivery.To obtain Return Receipt service,please complete and attach a Return
Receipt(PS Form 3811)to the article and add applicable postage to cover the
fee.Endorse mailpiece"Return Receipt Requested".To receive a fee waiver for
a duplicate return receipt,a LISPS®postmark on your Certified Mail receipt is
required.
• For an additional fee, delivery may be restricted to the addressee or
addressee's authorized agent.Advise the clerk or mark the mailpiece with the
endorsement"Restricted Delivery".
■ If a postmark on the Certified Mail receipt is desired,please present the arti-
cle at the post office for postmarking. If a postmark on the Certified Mail
receipt is not needed,detach and affix label with postage and mail.
IMPORTANT: Save this receipt and present it when making an inquiry.
Internet access to delivery information is not available on mail
addressed to APOs and FPOs.
i
KRISTIN FRENCH-M.C.PLANNING
n.1 v ' PO BOX 279
SHELTON WA 98584
For delivery Information visit our website at www.usps.com?
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ATTACHMENT
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ATTACHMENT K
MASON COUNTY
PERMIT ASSISTANCE CENTER
Mason County Bldg.III 426 W.Cedar
P.O.Box 186 Shelton,WA 98W
(360)427-9670 Belfair(360) 275-4467 Elma (360) 482-5269 Seattle (206) 464-6968
June 29, 2000
Steve Cady
9812 S 252nd St
Kent, WA, 98031
Re: BLD2000-00623, ENF2000-00056
Dear applicant,
Your plan for the building permit referenced above is in the
process of being reviewed. Unfortunately, the review can not be
completed until we receive all the information relevent to the
project as proposed. Mason county requires that when a building
contains roofs or floors that are not supported by braced wall
lines, or that contain structural features that do not meet the
prescriptive method of construction as outlined by the Uniform
Building Code, such as the post foundation system, an engineer's
lateral and vertical analysis prepared by a Washington State
registered architect or professional engineer is required. To
continue the review, please submit two sets of plans,
specifications, and calculations prepared by a Washington State
registered engineer or architect . The submitted engineering must
contain all of the following:
a) Coversheet identifying:
1. project address/location
2. design professional, including address and telephone numbers
b) Design Criteria including:
1. occupancy group
2. type of construction
3. seismic zone
4. allowed soil bearing pressure
5. design loads (roof, floor, wind, snow, seismic, etc.)
6. additional criteria used to prepare engineered analysis
7. identify scope of engineering
8. building code edition
G) Structural calculations for the projects structural system including wall,
roof, floor, and foundation as needed. Include value of shear walls, reference
1997 Uniform Building Code table 23-II-I-1.
d) All specifications, components, materials, and methods must be transferred
onto all submitted drawings.
This letter reflects only those items that are necessary to
continue the review, and does not contain any findings of the
review, or note any corrections that may be necessary once the
review is performed. These items are related to the Building
Department review only and does not reflect additional needs of the
other county departments. Please contact the Mason County Planning
Department for any information that may be required to satisfy land
use regulations.
Re-submittals are normally reviewed within five working days
of the receipt of proper and complete revisions in our office. If
you need additional information or assistance, please contact me at
(360) 427-9670, extension 551.
Sincere y,
Michael J arth C.B.O.
Mason Co ty Building Department
Plans Examining
wp\00-00623
cc:Tami Griffey, Code Enforcement Officer
ATTACHMENT L
Building Violation Dept.
PO Box 578
Shelton, WA. 98584
11/9/2001
I would like to bring to your attention an out of compliance structure. The building I'm
referring to has a stop work order on it dated April 13, 2000 issued by Larry Waters. The
building is located just south of Beacon Point on the waterside of Hwy. 101 Sec. 12
T24N R3W lot D of short plat 2674. The building is clearly being used as a cabin, It's
may understanding the owner has approached the County about a building permit as a
utility building however sense there is no residence on the property a utility buliding is
not allowed.
My concern as the adjacent landowner is this cabin has no ingress, so the users are
trespassing over my property to gain access. Further more they have no tide rights and
their using a stairway also cover under the stop work order to trespass on my beach. I
understand the issue of trespass is out of your sphere of influence, I tell you this to
demonstrate my credibility as a concerned party.
I have some serious safety concerns regarding leaving this structure unfinished for going
on two years. It has an elevated deck with an unfinished floor and a make shift guardrail.
I've told my kids to stay away, but I can't watch them all the time, If one of them falls off
that deck someone is going to get sued. It is my understanding that the building can't be
permitted for utility use or as a cabin. Mason County won't let him finish it and it is a
clear hazard as it stands.
This has gone on long enough if the building can't be legally completed then ask them to
remove it! Do it in writing with specific timeline and do it now. This may seem like a
hardass approach, but the guy who built it is a contractor in King County, he knew he
was out of line and figured he could pull a fast one.
Kenneth Munroe
PO Box 5014
Central Point, OR
97502
P>� IS Li �5' q q - 7 71`'�
Weyerhaeuser w
Western Regeneration 200� '` .............
Medford Seed Orchard �•.
PO Box 5014
Central Point OR 97502
NOvSoN
Building Violation Dept.
PO Box 578
Shelton, WA. 98584
ATTACHMENT M
MASON COUNTY
DEPARTMENT OF COMMUNITY DEVELOPMENT
Permit F'rocessing/Inspections/Addressing
Mason County Bldg.III 426 W.Cedar
P.O.Box 186 Shelton,WA 98584
(360) 427-9670 Belfair (360) 275-4467 Elma (360) 482-5269 Seattle (206) 464-6968
November 14, 2001
Kenneth Munroe
PO Box 5014
Central Poiit, OR 97502
RE: Parcel No.: 32412-11-90004
Site Address: 40250 N US Hwy 101, Lilliwaup, WA
Dear Mr. Munroe,
I aryl in receipt of your letter dated November 9, 2001 and would like to
explain thE! present status of the complaint.
A complaint was received and a stop work order posted. The owner was
required to submit a permit application and did so upon request. The permit is
now on hold in the Planning Department for compliance to those regulations. At
this point in time, the applicant has met the requirement of the building
department to stop work and apply for the permit. I have forwarded your
complaint letter to Kristin French of the Planning Department, who handles code
enforcement for Planning related regulations.
understand that you are concerned with trespassing issues, those of the
property owner across your property as well as your own children trespassing
upon his structure. Trespassing issues are generally referred to the Mason
County Sheriffs Department and I would encourage any person who believes
that they are being trespassed upon to pursue their concerns through that
department.
I have noted your concerns relating to the hold status of the permit and
forwarded the complaint to Kristin French. She may be reached at (360)427-
9670 Ext 593.
Sinc I
ami ri
Building Inspector/Code Enforcement
Cc: Property File
ATTACHMENT N
MASON COUNTY
427-9670 BUILDING DEPARTMENT
ALL PERSONS ARE HEREBY ORDERED TO AT ONCE
TOP WORK
On these Premises at
This order is issued because
A.M.
Posted P.M. 19 By
The failure to stop work, the resuming of work without permission from the
WARNING Building Official, or the removal, mutilation,destruction or concealment of thi,
Notice is punishable by fine and imprisonment.
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ATTACHMENT O
�
Mason County Community Development
Code Enforcement,Kristin French
PO Box 279
• Shelton,WA 98584
(360)427-9670 ext.593
facsimile transmittal
To: Steve Cady Fax: (253)872-8889
From: Kristin French Date: June 23, 2003
Re: Tax Parcel 32412-11-90004 Pages: 5 inc. cover
CC:
❑ Urgent ❑ For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle
. . . . . . . . . .
Steve,
Please review and contact me at (360)427-9670 ext. 593 with questions. Your structure
is approximately 20'from Ordinary High Water, which conflicts with section
17.01.110(D)(2)(a)(2)(a). The minimum setback distance possible without an approved
Mason County Resource Ordinance Variance is 35', if the adjacent residences create
a "common line" that is that close to the water. From what you told me during our
phone conversation, your common-line would most likely run from the structure on the
South lot(approx. 50'from OHWM)to a point 1 00' from OHWM on the North lot. This
line would represent your building setback.
Also, the construction of the platforms within the regulated buffer/forward of Ordinary High
Water will need to be either addressed by permit application or removed (with the
exception of the stairway(cannot exceed 3' in width with minimal necessary landings).
Please let me know how you wish to proceed with this particular issue. If you wish to
seek permit approval for the plat form, please fax me the dimensions so that I can
evaluate whether the structure conforms with current dimensional requirements. If you
will remove the structures, please advise me of your projected timeline.
Thank you,
Kristin
. . . . . . . . . . . . . . . . . . . . . . . . . . . .
D. ESTABLISHMENT OF BUFFERS ON FISH&WILDLIFE HABITAT CONSERVATION
AREAS
1. Fish and Wildlife Habitat Conservation Areas shall have Buffers and Building Setbacks
established. The standard buffer and setback requirements are shown in Table 3.
a. Buffers or setbacks shall be maintained along the perimeter of Fish and Wildlife
Habitat Conservation Areas Buffer distances associated with streams shall be
measured horizontally from the ordinary high water mark (OHWM)or channel
migration zone (CMZ), whichever is greater. All other buffer distances shall be
measured horizontally from the established FWHCA perimeter.
b. Buffers shall be retained in their natural condition, except as provided elsewhere
in this ordinance.
C. Building Setback Lines: A building setback line of fifteen (15)feet is required
from the edge of any buffer area, except for Type 1 saltwater and lake
excluding Conservancy Shorelines.
2. The following are special provisions for buffers and setbacks on lots created prior to
December 5, 1996, and which are located on a Type 1 water that is a saltwater or is a
freshwater lake. As stated in the Table 3, there shall be a standard 100 7,5 foot buffer
with a 15 foot hll;ld!Rg 6etback-extending*om4he edge of the buffer, for a total of 100 99
feet as measured from the ordinary high water mark (OHWM). Provided, however, that in
the following circumstances, these special provisions apply instead of the standard buffer
and setback requirement.
a. Special provision for view protection on subject lots.
Applications for single-family residential construction and meeting the following
conditions shall have buffers and setbacks as described below:
1) Where existing residences are on both sides of and within 150 feet of the
lot line of the subject lot, and no more than 200 feet from the shoreline
OHWM, the setback on the subject lot is determined by an imaginary
common line drawn across the subject lot which connects the shore-side
roof lines of the first adjacent existing residences. (See Figure 1). The
common line set back may be more or less than 100 90 feet from the
OHWM, provided, however, that:
(a) the buffer shall not be less than 20 feet in width from the OHWM
and a minimum setback from the edge of the buffer is 15 feet; and
(b) there shall be a maximum buffer of 100 7-5 feet from the OHWM with
the balance of the setback established by the common line to be a
building setback area.
2) Where an existing residence is on one side of and within 150 feet of the
lot line of the subject lot, and no more than 200 feet from the shoreline
OHWM, the setback on the subject lot is determined by an imaginary
common line drawn from the shore-side roof line of the existing
residence and across the subject lot to a point which is 100 90 feet from
the OHWM along the far lot line of the subject lot. (See Figure 2). The
common line set back may be more or less than 100 00 feet from the
OHWM, provided, however, that:
(a) the buffer shall not be less than 20 feet in width from the OHWM
and a minimum setback from the edge of the buffer is 15 feet; and
(b) there shall be a maximum buffer of 100 7-5 feet from the OHWM
with the balance of the setback established by the common line to be a
building setback area.
Mason County Resource Ordinance 4 Revised 2/11103
f � 1
Table 3. Fish &Wildlife Habitat Conservation Area Development Standards.
Habitat Type Buffer Building Setback from Buffer
e 1 Stream 150 feet 15 feet
Type 2 Stream 150 feet 15 feet
Type 3 Stream 150 feet 15 feet
Type 4 Stream 100 feet 15 feet
Type 5 Stream 75 feet 15 feet
Type 1 Saltwater and Lake* 100 75 feet4-5-feet
Excluding Conservancy
Shorelines
onservancy Shorelines**, 100 feet 15 feet
ype 1 Saltwater and Lake
*Type 1 lakes are lakes over 20 acres. All saltwater shorelines are Type 1.
**Conservancy Shorelines are those shorelines designated as Conservancy Shoreline
Environment in the Mason County Shoreline Master Program.
3) As used in this section, a"residence" refers to the principal
dwelling/residential structure and does not include outbuildings or other
structures.
4) When applying 1)above, if the shoreline has a high degree of curvature,
the Administrator may use the average set back from OHWM of the two
existing residences rather than the imaginary line between the rooflines
in order to establish the common line setback. When applying 2) above,
if the shoreline has a high degree of curvature, the Administrator may
use the average of the set back from OHWM of the existing residence
and the 100 90 foot setback, rather than the imaginary line between the
roofline and the 100 90 foot setback, in order to establish the common
line setback.
b. Special provision for water-dependent uses on existing lots.
Applications for development defined as water-dependent uses shall provide the
standard 100 75 foot buffer along as much of the shoreline as possible while
making the minimum necessary adjustments to the be buffer to provide for the
water-dependent use, as determined by the Director. Such development shall
meet the requirements of other applicable regulations, including other Resource
Ordinance sections and the Mason County Shoreline Master Program.
3. Provision for Decreasing Buffer.
For major new development, Mason County may decrease the buffer after consultation
with the Washington State Department of Fish and Wildlife and the Skokomish Tribe, the
Quinault Tribe and/or the Squaxin Island Tribe, after review and approval of a Habitat
Management Plan, and after a public hearing.
4. Provision for Increasing Buffer.
Mason County may increase the buffer width on a case-by-case basis, after a public
hearing, as provided in subsection 17.01.120.L., when a larger buffer is necessary to
Mason County Resource Ordinance 5 Revised 2111103
ATTACHMENT P
Mason County Community Development
• 0` �� I b Code Enforcement,Kristin French
PO Box 279
Shelton,WA 98584
(360)427-9670 ext.593
facsimile t unsmittal
To: Steve Cady Fax: (253)872-8889
From: Kristin French Date:
Re: Parcel 32412-11-90004 Pages: 3 inc. cover
CC:
❑ Urgent ❑ For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle
. . . . . . . . . .
Steve,
Attached you will find the Variance review standards—Mason County Resource
Ordinance. As I noted in my letter, and as you will find in the packet that I mailed to you,
the need for a Resource Ordinance variance is only one issue that needs to be
addressed. However, it is potentially the most critical. The other issues, including the
need for a geotechnical report and need to ensure that current side and front-yard
setbacks are met, need to be addressed as well.
Review the variance review standards, discuss your square footage question with Larry
Waters, and then please contact me by the end of next week(before July 4, 2003)to
advise me of how you plan to proceed. As I stated, the decision to apply for a variance
does not guarantee approval, and can be costly and time consuming. If you do choose to
apply for permit review, you should coordinate with Planner Scott Longanecker and
myself to ensure that all issues are sufficiently addressed.
Thanks,
Kristin
. . . . . . . . . . . . . . . . . . . . . . . . . . . .
MASON COUNTY
DEPARTMENT OF COMMUNITY DEVELOPMENT
Planning
Mason County Bldg.1 411 N.5th
P.O.Box 279 Shelton,WA 98584
(360) 427-9670 Belfair (360) 275-4467 Elma (360) 482-5269 Seattle (206) 464-6968
June 20, 2003
Debbie Lemonnier
Steve Cady
1308 S 270`h St.
Des Moines, WA 98198-9333
Steve Cady
9812 S 252nd St.
Kent, WA 98031
RE: Tax Parcel Number 32412-11-90004/BLD2000-00623
Dear Ms. Lemonnier and Mr. Cady:
In May 2000, you submitted a Mason County Building Permit Application to address
code enforcement case ENF2000-00056 (construction of a stick-built shed without permit
approval). At the time that the permit application was submitted, it was placed"on hold."
The application was placed "on hold"because an Order of Invalidity, issued by the
Western Washington Growth Management Hearings Board, was in effect. The effect of
the order was to limit County review and approval of building permits to permits for the
construction of single-family residences and construction of structures appurtenant to
existing single family residences, with several exceptions. Because your shed was not
appurtenant to an existing single-family residence, the permit application was placed"on
hold."
Now that the Order of Invalidity has been lifted, County staff are able to review your
application, BLD2000-00623. In reviewing your file, I noted that only the Building
Permit Application and associated structural engineering were submitted. Given the
structure's nonconforming location (approximate 20' setback from Ordinary High Water)
and location within 250' of a slope that meets or exceeds 40%, additional submittals are
required to facilitate permit review by Planning Department staff. These include:
• Mason County Resource Ordinance Variance Application: Mason County
Resource Ordinance section 17.01.110 provides that no construction/development
activity can occur within 100' of the Ordinary High Water Mark, absent permit
review and approval. This 100' regulated buffer distance can be reduced per section
17.01.110(D)(2) —copy enclosed—which I do not believe applies to your parcel.
Please notify me if existing residences are located within 150' of your side lot lines
and within 200' from the Ordinary High Water Mark. The Variance application fee is
$1,200. The Variance application must include a Habitat Management Plan, as
detailed in section 17.01.110(J)—enclosed.
• Geotechnical Report: Due to the structure's location within 250' of slopes that
exceed 40%, you must submit a geotechnical report that meets the requirements
detailed in section 17.01.100(E)(5)—enclosed.
• Development Regulations compliance: I was unable to determine specific front and
side yard setback figures from the site plan submitted. Please submit a detailed site
plan depicting the measured distances from the structure to the Right of Way of
Highway 101 and to each of the side lot lines. If the structure does not meet the
setback requirements, you will be required to submit Development Regulations
Variance application(s).
You should understand that submittal of the items noted above does not guarantee permit
approval. The Variance application(s) will be reviewed to ensure that the proposal meets
the applicable Variance criteria. To avoid the additional requirements, you have the
option of removing or relocating the structure. Please submit the additional items by July
25, 2003, so that the enforcement case can be resolved and your building permit
application processed in a timely fashion. Thank you for your anticipated cooperation. If
you have questions or concerns regarding this matter, please contact me at (360) 427-
9670 ext. 593. I look forward to working with you to resolve this matter.
Sincerely,
Kristin French
Code Enforcement Planner
E. RECONSTRUCTION
Reconstruction, restoration or repair of a legal nonconforming structure damaged by fire,
flood, earthquake or other disaster shall be permitted; Provided that such reconstruction
shall not result in an expansion of the non-conforming structure.
F. EXPANSION OF NONCONFORMING USE OR STRUCTURE
No legal nonconforming use or structure may be expanded, enlarged, or extended in any
way(including extension of hours of operation), unless such modification is in full
compliance with this Chapter or the terms and conditions of approved permits pursuant to
this Chapter.
G. DISCONTINUANCE OF NONCONFORMING USE
All legal nonconforming uses shall be encouraged to convert to a conforming use
whenever possible and conformance shall be required when:
1. The use is changed;
2. The structure(s) within which the use is conducted is moved; or
3. The use is terminated or discontinued for more than three (3) years.
17.01.150 VARIANCES FROM STANDARDS
A. PURPOSE
The purpose of this section is to allow the County to consider requests to vary or adapt
certain numerical standards of this Chapter where the strict application of said standards
would deprive property owners of reasonable use of their property.
B. APPLICABILITY
The provisions of this Section shall apply to:
1. Setback requirements within designated critical areas and resource lands; except
wetland related setbacks.
2. Buffer/vegetation area requirements within designated critical areas; except
wetland related vegetation areas.
3. Tract or parcel size requirements of Section 17.01.060, .062 and .066; except that
when the following conditions are met, creation of non-conforming lots under the
terms of this Chapter are allowed outright; provided that all Mason County Code
Title 16 (Subdivisions) requirements are followed:
a. The parcel to be divided was legally established prior to the effective date
of this Chapter; and
b. The parcel contains two (2) dwelling units which were constructed prior to
the effective date of this Chapter; and
C. No more than two lots are proposed to be created; and
Mason County Resource Ordinance 81 Revised 5/01/03
d. No lot proposed to be created shall be less than 1 acre (0.405 hectares) in
size; and
e. Use of the lots to be created shall comply with all terms and conditions of
this Chapter, other than lot size, and shall comply with other pertinent
requirements of the Mason County Code.
A variance from standards may be appropriate where a lot is exceptionally narrow or
shallow or contains unusual topographic conditions, but only when strict application would
result in hardship on the owner of such property.
C. APPLICATION REQUIREMENTS
Application requirements shall be the same as for a Mason Environmental Permit in
Section 17.01.120, as well as the following:
1. A description of the specific modification from the terms of the Chapter required;
and
2. A description of the reasons for the variance.
D. REVIEW PROCESS
The review process for variances from standards shall be the public review process set
forth in Section 17.01.120.
E. REVIEW STANDARDS
No variance shall be granted unless the County makes findings of fact showing that the
following circumstances exist:
1. The granting of the variance shall be consistent with the purpose and intent of this
Chapter and conditions shall be imposed to ensure compatibility with surrounding
conforming uses.
2. The granting of the variance shall not permit the establishment of any use which is
prohibited by this Chapter.
3. The granting of the variance must be necessary for the reasonable use of the land
or building and the variance as granted by the County is the minimum variance
that shall accomplish this purpose. The findings shall fully set forth the
circumstances by which this Chapter would deprive the applicant of a reasonable
use of his land. Mere loss in value shall not justify a variation.
4. The granting of the variance shall not impair or substantially diminish property
values of surrounding neighborhood properties.
5. The granting of the variance shall not confer on the applicant any special privilege
that is denied by this Chapter to other lands or buildings in the same designation.
Mason County Resource Ordinance 82 Revised 5101103
ATTACHMENT
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ATTACHMENT R
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 /-5 a-.
�/3v�o3
�l
July 29, 2003 (re-mailed this date)
Debbie Lemonnier
Steve Cady
1308 S. 270'St.
Des Moines,WA 98198-9333
RE:Tax Parcel Number 32412-11-90004
Dear Steve:
This letter serves as a summary of the details that 90004 that cussedis ith t to the Hood Canal t to the cture
constructed on the portion of tax parcel 32412
shoreline. I understand that you wish to proceed with permit application and seek"after the fact"
permit approval for the structure. I have advised you that this option is costly, and may be
complicated and time consuming. Also,I have advised you that application does not guarantee
approval. On 6/25/03,I faxed you a copy of the Mason County Resource Ordinance Variance
review criteria. I indicated that it is your responsibility to demonstrate that your proposal satisfies
the criteria.
You will be responsible for the following:
• Submit a Mason County Resource Ordinance Variance application. An application form is
enclosed. The standard application fee of$1,200 is tripled per ordinance due to the"after the
fact"status($3,600). A Hearing Examiner fee of$200 and a Habitat Management Plan
Review fee of$350 apply. Per Resource Ordinance section 17.0 1.11 O(G),the Variance
application must be accompanied by a Habitat Management Plan that meets the criteria listed
in section 17.01.110(J). The Variance application and Habitat Management Plan need to
address the encroachment into the regulated buffer area associated with the Hood Canal
shoreline(structure is approximately 20' —22' from the Ordinary High Water Mark)and the
encroachment into the regulated building setback area associated with the Type 5 stream
(structure is approximately 85' from the channel).
• Submit a Geotechnical Report which satisfies the requirements of Mason County Resource
Ordinance section 17.01.100(E)(5)—copy enclosed. The Report needs to address 1)the
structure in question,which is located within 250' of areas where the slope exceeds 40%,2)
the recent grading/pushing of fill on the portion of the parcel located to the west of Hwy 101,
within 250' of areas where slopes exceed 40%. The areas specifically include an
approximately 2 V by 2 V area of fill pushed over the slope directly above Hwy 101 (just
behind a cedar storage shed)and the area cut into the upland slope. The costs associated with
review of the Geotechnical Report are based on the per hour rate charged by the Mason
County Public Works Department or the Professional Engineer retained by the Department of
Community Development. You will need to submit an"after the fact"Mason Environmental
Permit Application that addresses the construction of the structure(east portion of parcel)and
the cut/fill(west portion of parcel). The application fee of$300(Mason Environmental
Permit processed with another permit)is tripled per ordinance due to the"after the fact"
status($900).
• Submit an accurate site plan which specifically identifies the setback distances from the
Ordinary High Water Mark of Hood Canal,the Type 5 stream,both side property lines,and
the Right of Way associated with Hwy 101. You will need to coordinate with the
Washington State Department of Transportation to document the Right of Way boundary,the
structure's location with respect to the boundary, and DDT's approval of the location if the
location encroaches into the Right of Way.
As we discussed,the stairway and small platform located above the Ordinary High Water Mark
are not being pursued as Planning Department violations. The single exception is the watermost
platform,which may require a Mason County Building Permit application due to the steep drop-
off within five feet of the edge of the platform. I am forwarding a request to have a Building
Department Inspector evaluate the platform. If a Building Permit is not required,the platform
may remain in its present condition. If a Building Permit is required,the platform will need to be
reduced to the minimum landing dimensions specified by the Uniform Building Code,to achieve
compliance with Mason County Resource Ordinance section 17.01.110. A Building Inspector
will also evaluate the apparently new structure located on the east portion of the parcel. A
Sanitarian with the Environmental Health Department will evaluate the sanitary facilities located
on the west portion of your parcel.
Please submit the required permit applications by September 1,2003. While I have attempted to
provide a comprehensive list of required submittal items,please be aware that additional
requirements may be identified during permit processing. If you have any questions or concerns
regarding this matter,please contact me at(360)427-9670 ext. 593. Also please contact me if
you have questions regarding the shoreline buffer regulations, stream buffer regulations,or
Landslide Hazard Area regulations that apply to your parcel. Thank you for working to resolve
this matter.
Sincerely,
Kristin French
Code Enforcement Planner
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
July 29,2003 (re-mailed this date)
Debbie Lemonnier
Steve Cady
1308 S.270'St.
Des Moines,WA 98198-9333
RE:Tax Parcel Number 32412-11-90004
Dear Steve:
This letter serves as a summary of the details that we have discussed with respect to the structure
constructed on the portion of tax parcel 32412-11-90004 that is adjacent to the Hood Canal
shoreline. I understand that you wish to proceed with permit application and seek"after the fact"
permit approval for the structure. I have advised you that this option is costly,and may be
complicated and time consuming. Also,I have advised you that application does not guarantee
approval. On 6/25/03,I faxed you a copy of the Mason County Resource Ordinance Variance
review criteria. I indicated that it is your responsibility to demonstrate that your proposal satisfies
the criteria.
You will be responsible for the following:
• Submit a Mason County Resource Ordinance Variance application. An application form is
enclosed. The standard application fee of$1,200 is tripled per ordinance due to the"after the
fact" status($3,600). A Hearing Examiner fee of$200 and a Habitat Management Plan
Review fee of$350 apply. Per Resource Ordinance section 17.01.110(G),the Variance
application must be accompanied by a Habitat Management Plan that meets the criteria listed
in section 17.01.110(J). The Variance application and Habitat Management Plan need to
address the encroachment into the regulated buffer area associated with the Hood Canal
shoreline(structure is approximately 20' —22' from the Ordinary High Water Mark)and the
encroachment into the regulated building setback area associated with the Type 5 stream
(structure is approximately 85' from the channel).
• Submit a Geotechnical Report which satisfies the requirements of Mason County Resource
Ordinance section 17.01.100(E)(5)—copy enclosed. The Report needs to address 1)the
structure in question,which is located within 250' of areas where the slope exceeds 40%,2)
the recent grading/pushing of fill on the portion of the parcel located to the west of Hwy 101,
within 250' of areas where slopes exceed 40%. The areas specifically include an
approximately 2V by 21' area of fill pushed over the slope directly above Hwy 101 (just
behind a cedar storage shed)and the area cut into the upland slope. The costs associated with
review of the Geotechnical Report are based on the per hour rate charged by the Mason
i
County Public Works Department or the Professional Engineer retained by the Department of
Community Development. You will need to submit an"after the fact"Mason Environmental
Permit Application that addresses the construction of the structure(east portion of parcel)and
the cut/fill(west portion of parcel). The application fee of$300(Mason Environmental
Permit processed with another permit)is tripled per ordinance due to the"after the fact"
status($900).
• Submit an accurate site plan which specifically identifies the setback distances from the
Ordinary High Water Mark of Hood Canal,the Type 5 stream,both side property lines,and
the Right of Way associated with Hwy 101. You will need to coordinate with the
Washington State Department of Transportation to document the Right of Way boundary,the
structure's location with respect to the boundary,and DOT'S approval of the location if the
location encroaches into the Right of Way.
As we discussed,the stairway and small platform located above the Ordinary High Water Mark
are not being pursued as Planning Department violations. The single exception is the watermost
platform,which may require a Mason County Building Permit application due to the steep drop-
off within five feet of the edge of the platform. I am forwarding a request to have a Building
Department Inspector evaluate the platform. If a Building Permit is not required,the platform
may remain in its present condition. If a Building Permit is required,the platform will need to be
reduced to the minimum landing dimensions specified by the Uniform Building Code,to achieve
compliance with Mason County Resource Ordinance section 17.01.110. A Building Inspector
will also evaluate the apparently new structure located on the east portion of the parcel. A
Sanitarian with the Environmental Health Department will evaluate the sanitary facilities located
on the west portion of your parcel.
Please submit the required permit applications by September 1,2003. While I have attempted to
provide a comprehensive list of required submittal items,please be aware that additional
requirements may be identified during permit processing. If you have any questions or concerns
regarding this matter,please contact me at(360)427-9670 ext. 593. Also please contact me if
you have questions regarding the shoreline buffer regulations, stream buffer regulations,or
Landslide Hazard Area regulations that apply to your parcel. Thank you for working to resolve
this matter.
Sincerely,
Kristin French
Code Enforcement Planner
L�vsw�t s h;rs -c(�Ss 0i"A
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Shelton,WA98584 JUL31.03 V�75'
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KRISTIN FRENCH,
Ir MASON COUNTY PLANNING
ru P O BOX 279
SHELTON WA 98584
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ATTACHMENT S
MASON COUNTY Shelton (360) 427-9670
DEPARTMENT OF COMMUNITY DEVELOPMENT Belfair (360) 275-4467
Planning
Mason County Bldg.1 411 N.5th Elma (360) 482-5269
P.O.Box 279 Shelton,WA 98584
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7CC. F
NOTICE OF HEARING
YOU ARE REQUIRED TO BE PRESENT MAY 19, 2004 AT 1:00 PM
MASON COUNTY BUILDING ONE, COMMISSIONERS' CHAMBERS
411 N. 5TH SHELTON,WA 98584
May 7,2004
Steve Cady
Debbie Lemonnier
1308 S. 270' St.
Des Moines, WA 98198-9333
NOTICE OF CIVIL VIOLATION
Tax Parcel Number 32412-11-90004
Steve Cady and Debbie Lemonnier:
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
You are in violation of Mason County Building and Construction Code
Mason County Code Title 14
Copies of the referenced regulations were enclosed in prior mailings. Additional copies are available from
the Mason County Planning Department. Contact(360)427-9670 ext.281. Citations are to text"as
adopted."
Page I of 8
Mason County alleges as follows:
COUNT(1) On or about May 7, 2004, Steve Cady and Debbie Lemonnier(hereafter
"Cady/Lemonnier") did own, use, control,maintain, or possess a structure constructed
absent required Building Permit review and approval. The structure is located on tax
parcel number 32412-11-90004, and the structure constitutes a violation of Mason
County Development Code section 15.13.020,to wit:
On April 13, 2000, a Stop Work Order was posted by the Mason County Building
Department for failure to obtain a Building Permit to address permit required
construction. Mason County Title 14, section 14.08.030 adopts Uniform Building
Code section 106.1,which provides that except as specified in UBC section 106.2,no
building or structure regulated by the code shall be erected, altered,repaired,moved,
improved,removed, converted or demolished unless a separate permit for each building
or structure has first been obtained from the Building Official. In posting the Stop Work
Order, the Building Department informed the owner that the construction in question
required Building Permit approval. In response to the posting, the owner submitted"after
the fact"Building Permit Application Number BLD2000-00623.
The Permit application was submitted "after the fact"to address permit-
required construction that occurred absent permit review or approval. A Stop
Work Order was posted on April 13,2000 for failure to obtain a Building
Permit. The Stop Work Order was posted by Building Department staff Larry
Waters,to specifically address construction of a shed-type structure with an
associated covered deck(footprint of construction approximately 20' x 16.5'). In
response to the Stop Work Order, Cady/Lemonnier submitted Building Permit
application number BLD2000-00623. The Building Permit application was
placed "On Hold"with Mason County, as detailed in a letter mailed to
Cady/Lemonnier on July 11,2000. At the time of PP
permit application, Mason
P
County was subject to an Order of Invalidity imposed by the Western
Washington Growth Management Hearings Board(effective January 14, 1999).
The Order of Invalidity prohibited the approval of BLD2000-00623 by Mason
County, until recision of the Ord
er.
On June 20,2003, the owners were provided written notification(first class and certified)
regarding the incomplete status of BLD2000-00623. Additional submittal requirements
were detailed and provided to the owner. On January 15 2004 the
p ary owners were
provided written notification(first class and certified) advising that application number
BLD2000-00623 would be cancelled on February 15, 2004 if appropriate submittals were
not submitted by that date. On April 9, 2004, the owners were provided written
notification (first class and certified) advising that application number BLD2000-00623
was cancelled, as the application remained incomplete. The structure in question
remains in its location on tax parcel number 32412-11-90004, in violation of Mason
County Title 14, section 14.08.030.
Page 2 of 8
COUNT (2) On or about May 7, 2004, Cady/Lemonnier did own, use, control,maintain,
or possess a structure, unlawfully located within the regulated buffer associated with the
Hood Canal Shoreline, on tax parcel number 32412-11-90004. The location of the
unpermitted structure constitutes a violation of Mason County Development Code
section 15.13.020, to wit:
On May 29, 2003, I conducted a site inspection associated with a Building Permit
application(BLD2000-00623)which has been"On Hold"with Mason County since the
date of submission (approximately May 17, 2000).
The Permit application was submitted`after the fact"to address permit-
required construction that occurred absent permit review or approval. A Stop
Work Order was posted on April 13,2000 for failure to obtain a Building
Permit. The Stop Work Order was posted by Building Department staff Larry
Waters,to specifically address construction of a shed-type structure with an
associated covered deck(footprint of construction approximately 20' x 16.5'). In
response to the Stop Work Order,Cady/Lemonnier submitted Building Permit
application number BLD2000-00623. The Building Permit application was
placed"On Hold"with Mason County, as detailed in a letter mailed to
Cady/Lemonnier on July 11, 2000. At the time of permit application,Mason
County was subject to an Order of Invalidity imposed by the Western
Washington Growth Management Hearings Board (effective January 14, 1999).
The Order of Invalidity prohibited the approval of BLD2000-00623 by Mason
County,until recision of the Order.
On May 29,2003, I determined that the structure in question is located approximately 20'
—30' from the Ordinary High Water Mark of Hood Canal. This location constitutes a
violation of Mason County Resource Ordinance section 17.01.110(G)(1)(c). Mason
County Resource Ordinance section 17.01.110(G)provides that"A Mason
Environmental Permit shall be obtained . . . before undertaking . . . [new residential
construction and major new development in the regulated buffer]. New residential
construction and major new development is not permitted within Fish and Wildlife
Conservation Areas or associated buffers . . . except as approved through a variance or
reasonable use exception as provided in subsection K." On parcel number 32412-11-
90004, the regulated buffer extends 100' upland from the Ordinary High Water Mark.
This 100' buffer may be reduced pursuant to Mason County Resource Ordinance section
17.01.110 (13)(2), but it does not appear that the special provision for reduction applies to
this site.
The parcel directly to the left of the subject parcel (when facing the water) is vacant. A
residence is located on the parcel directly to the right of the subject parcel. However, it
appears to be located at least 50' upland from Ordinary High Water. I am not certain that
the structure on the parcel directly to the right of the subject parcel is located within 150'
of the property line (line dividing the two parcels). If it is, the special provision for
reduction will apply.
Page 3 of 8
However,even if the special provision for reduction does apply to the site, the structure
in question will still be located within the reduced buffer, which would range from more
than 50' from Ordinary High Water to slightly less than 100' from Ordinary High Water.
Consequently, the structure's location constitutes a violation of Mason County
Resource Ordinance section 17.01.110(G)(1)(c).
COUNT (3) On or about May 7,2004, Cady/Lemonnier did own, use, control,maintain,
or possess a structure unlawfully located within a Landslide Hazard Area, on tax parcel
number 32412-11-90004. The location of the unpermitted structure constitutes a
violation of Mason County Development Code section 15.13.020, to wit:
On May 29, 2003, I conducted a site inspection associated with a Building Permit
application(BLD2000-00623)which has been On Hold with Mason County since the
date of submission(approximately May 17, 2000).
The Permit application was submitted "after the fact"to address permit-
required construction that occurred absent permit review or approval. A Stop
Work Order was posted on April 13, 2000 for failure to obtain a Building
Permit. The Stop Work Order was posted by Building Department staff Larry
Waters, to specifically address construction of a shed-type structure with an
associated covered deck(footprint of construction approximately 20' x 16.5'). In
response to the Stop Work Order, Cady/Lemonnier submitted Building Permit
application number BLD2000-00623. The Building Permit application was
placed"On Hold"with Mason County,as detailed in a letter mailed to
Cady/Lemonnier on July 11,2000. At the time of permit application,Mason
County was subject to an Order of Invalidity imposed by the Western
Washington Growth Management Hearings Board (effective January 14, 1999).
The Order of Invalidity prohibited the approval of BLD2000-00623 by Mason
County,until recision of the Order.
On May 29, 2003, I determined that the structure in question is located on, and within
250' of, slopes that exceed 40%. The site in question is classified as a Landslide Hazard
Area,pursuant to Mason County Resource Ordinance section 17.01.100(A).
Construction in a Landslide Hazard Area, absent permit approval, constitutes a violation
of Mason County Resource Ordinance section 17.01.100(C)(2).
COUNT (4) On or about May 7, 2004, Cady/Lemonnier did own, use, control,maintain,
or possess a structure unlawfully located within the regulated buffer associated with a
Type V Stream, on tax parcel number 32412-11-90004. The location of the unpermitted
structure constitutes a violation of Mason County Development Code section
15.13.020, to wit:
On May 29, 2003, I conducted a site inspection associated with a Building Permit
application (BLD2000-00623) which has been "On Hold"with Mason County since the
date of submission (approximately May 17, 2000).
Page 4 of 8
The Permit application was submitted"after the fact"to address permit-
required construction that occurred absent permit review or approval. A Stop
Work Order was posted on April 13, 2000 for failure to obtain a Building
Permit. The Stop Work Order was posted by Building Department staff Larry
Waters, to specifically address construction of a shed-type structure with an
associated covered deck(footprint of construction approximately 20' x 16.51). In
response to the Stop Work Order, Cady/Lemonnier submitted Building Permit
application number BLD2000-00623. The Building Permit application was
placed "On Hold"with Mason County, as detailed in a letter mailed to
Cady/Lemonnier on July 11, 2000. At the time of permit application,Mason
County was subject to an Order of Invalidity imposed by the Western
Washington Growth Management Hearings Board (effective January 14, 1999).
The Order of Invalidity prohibited the approval of BLD2000-00623 by Mason
County, until recision of the Order.
On May 29,2003, I determined that the structure in question is located within 85' feet of
a Type V Stream channel. Pursuant to Mason County Resource Ordinance section
17.01.110(D), Type V Streams have associated 75' associated buffers and additional 15'
building setback distances from the buffer edge(for a total required setback distance of
90'). Construction in the regulated building setback area, absent permit approval,
constitutes a violation of Mason County Resource Ordinance section
17.01.110(G)(1)(c).
COUNT(5) On or about July 15, 2003, grading occurred in a Landslide Hazard Area or
the associated buffer, on tax parcel number 32412-11-90004, absent required permit
review and approval. Parcel 32212-34-00080 is owned,used,controlled, maintained, or
possessed by Cady/Lemonnier. The grading activity constitutes a violation of Mason
County Development Code section 15.13.020,to wit:
On July 15, 2003, I conducted a site inspection associated with a Building Permit
application(BLD2000-00623)which has been"On Hold"with Mason County since the
date of submission(approximately May 17, 2000).
The Permit application was submitted "after the fact"to address permit-
required construction that occurred absent permit review or approval. A Stop
Work Order was posted on April 13, 2000 for failure to obtain a Building
Permit. The Stop Work Order was posted by Building Department staff Larry
Waters,to specifically address construction of a shed-type structure with an
associated covered deck(footprint of construction approximately 20' x 16.5'). In
response to the Stop Work Order, Cady/Lemonnier submitted Building Permit
application number BLD2000=00623. The Building Permit application was
placed "On Hold"with Mason County, as detailed in a letter mailed to
Page 5 of 8
Cady/Lemonnier on July 11,2000. At the time of permit application,Mason
County was subject to an Order of Invalidity imposed by the Western
Washington Growth Management Hearings Board (effective January 14, 1999).
The Order of Invalidity prohibited the approval of BLD2000-00623 by Mason
County, until recision of the Order.
On July 15, 2003, I evaluated a portion of the parcel located across State Highway 101. 1
evaluated this portion of the parcel to determine whether any potentially buildable areas
exist in other portions of the parcel (a factor which is considered during the review of
Variance applications). I determined that recent grading activity occurred within 250' of
slopes that exceed 40%. This portion of the site is classified as a Landslide Hazard Area,
pursuant to Mason County Resource Ordinance section 17.01.100(A). Within the
Landslide Hazard Area, an area approximately 21' x 21' was graded with fill pushed over
the slope directly above Highway 101. A cut was also made into the upland slope.
Grading activity in a Landslide Hazard Area or associated buffer, absent permit approval,
constitutes a violation of Mason County Resource Ordinance section 17.01.100(C)(2).
(1) This Notice is directed to Steve Cady and Debbie Lemonnier at the mailing address
noted above.
(2) The violations are located on tax parcel 32412-11-90004 in Mason County,
Washington. The violation of County regulations cited as COUNT 1 above is the
result of construction of permit-required structure absent Building Permit approval.
The violations of County regulations cited as COUNTS 2-4 above are the result of
construction of an unpermitted structure(footprint approximately 20' x 16.5')on a
slope the meets the definition of a Landslide Hazard Area,within regulated buffers
associated with the Hood Canal Shoreline and a Type V Stream. The violation of
County Regulations cited as Count.5 above is the result of unpermitted grading and
fill deposition in an area classified as a Landslide Hazard Area.
(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 Titles 17, 15, and 14 (Mason County
Resource Ordinance, Development Code, and Building and Construction Code) 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:
IF YOU WISH TO AVOID ADDITIONAL REQUIREMENTS NECESSARY TO
COMPLETE BUILDING PERMIT NUMBER BLD2000-00623:
Page 6 of 8
• Immediately remove the structure including all structural elements and framing after
obtaining Demolition Permit approval. Contact the Mason County Permit Assistance
Center at (360) 427-9670 ext. 284 for information regarding Demolition Permits.
IF YOU WISH TO PURSUE PERMIT APPROVAL FOR THE STRUCTURE IN
QUESTION:
• Immediately submit the following items—Submit required items detailed in the letter
dated July 29, 2003 *letter attached* (Mason County Resource Ordinance Variance
application, Geotechnical Report and Mason Environmental Permit application, and
accurate site plan which specifically identifies the setback distances detailed in the
July 29, 2003 letter.) Please note that application fees have increased slightly as of
January 1, 2004. Contact the Planning Department Front Counter at(360) 427-9670
ext. 281 for current fee information.
(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 $5,000 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 may 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 MAY 19, 2004 AT 1:00 PM
MASON COUNTY BUILDING ONE,COMMISSIONERS' CHAMBERS
411 N. 5" SHELTON,WA 98584
Signed Dated /ntj, 7,
Title/Authority PJ-4�puu
Page 7 of 8
MASON COUNTY Shelton (360) 427-9670
DEPARTMENT OF COMMUNITY DEVELOPMENT Belfair (360) 275-4467
Planning
Mason county Bldg.l 411 N.5th Elma (360) 482-5269
P.O.Box 279 Shelton,WA 98584 f tQ s 5/
ICJ
July 29,2003 (re-mailed this date)
Debbie Lemonnier
Steve Cady
1308 S.270' St.
Des Moines,WA 98198-9333
RE: Tax Parcel Number 32412-11-90004
Dear Steve:
This letter serves as a summary of the details that we have discussed with respect to the structure
constructed on the portion of tax parcel 32412-11-90004 that is adjacent to the Hood Canal
shoreline. I understand that you wish to proceed with permit application and seek"after the fact"
permit approval for the structure. I have advised you that this option is costly, and may be
complicated and time consuming. Also,I have advised you that application does not guarantee
approval. On 6/25/03,I faxed you a copy of the Mason County Resource Ordinance Variance
review criteria. I indicated that it is your responsibility to demonstrate that your proposal satisfies
the criteria.
You will.be responsible for the following:
• Submit a Mason County Resource Ordinance Variance application. An application form is
enclosed. The standard application fee of$1,200 is tripled per ordinance due to the"after the
fact" status($3,600). A Hearing Examiner fee of$200 and a Habitat Management Plan
Review fee of$350 apply. Per Resource Ordinance section 17.01.110(G),the Variance
application must be accompanied by a Habitat Management Plan that meets the criteria listed
in section 17.0 1.11 O(J). The Variance application and Habitat Management Plan need to
address the encroachment into the regulated buffer area associated with the Hood Canal
shoreline (structure is approximately 20' —22' from the Ordinary High Water Mark)and the
encroachment into the regulated building setback area associated with the Type 5 stream
(structure is approximately 85' from the channel).
• Submit a Geotechnical Report which satisfies the requirements of Mason County Resource
Ordinance section 17.01.100(E)(5)—copy enclosed. The Report needs to address 1)the
structure in question, which is located within 250' of areas where the slope exceeds 40%,2)
the recent grading/pushing of fill on the portion of the parcel located to the west of Hwy 101,
within 250' of areas where slopes exceed 40%. The areas specifically include an
approximately 2 V by 2 V area of fill pushed over the slope directly above Hwy 101 (just
behind a cedar storage shed)and the area cut into the upland slope. The costs associated with
review of the Geotechnical Report are based on the per hour rate charged by the Mason
1
County Public Works Department or the Professional Engineer retained by the Department of
Community Development. You will need to submit an"after the fact"Mason Environmental
Permit Application that addresses the construction of the structure(east portion of parcel)and
the cut/fill(west portion of parcel). The application fee of$300 (Mason Environmental
Permit processed with another permit)is tripled per ordinance due to the"after the fact"
status($900).
• Submit an accurate site plan which specifically identifies the setback distances from the
Ordinary High Water Mark of Hood Canal,the Type 5 stream,both side property lines,and
the Right of Way associated with Hwy 101. You will need to coordinate with the
Washington State Department of Transportation to document the Right of Way boundary,the
structure's location with respect to the boundary,and DDT's approval of the location if the
location encroaches into the Right of Way.
As we discussed,the stairway and small platform located above the Ordinary High Water Mark
are not being pursued as Planning Department violations. The single exception is the watermost
platform,which may require a Mason County Building Permit application due to the steep drop-
off within five feet of the edge of the platform. I am forwarding a request to have a Building
Department Inspector evaluate the platform. If a Building Permit is not required,the platform
may remain in its present condition. If a Building Permit is required,the platform will need to be
reduced to the minimum landing dimensions specified'by the Uniform Building Code,to achieve
compliance with Mason County Resource Ordinance section 17.01.110. A Building Inspector
will also evaluate the apparently new structure located on the east portion of the parcel. A
Sanitarian with the Environmental Health Department will evaluate the sanitary facilities located
on the west portion of your parcel.
Please submit the required permit applications by September 1,2003. While I have attempted to
provide a comprehensive list of required submittal items,please be aware that additional
requirements may be identified during permit processing. If you have any questions or concerns
regarding this matter,please contact me at(360)427-9670 ext. 593. Also please contact me if
you have questions regarding the shoreline buffer regulations,stream buffer regulations,or
Landslide Hazard Area regulations that apply to your parcel. Thank you for working to resolve
this matter.
Sincerely,
Kristin French
Code Enforcement Planner
KRISTIN FREN('H-M.C.PLANNING
`D PO BOX 279
`D
Lr-1 SHEI.TON WA 98584
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PS Form 3800.June 2002
Certified Mail Provides: (asjanab)Zoozaunr'ooecwjodSd
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ATTACHMENT T
05/11/04 TL1E 09:54 FAX 3604278425 MASON COUNTY z001
1
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CONNECTION TEL
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Mason County Community Development
• Code Enforcement,Kristin French
PO Box 279
• Shelton,WA 98584
(360)427-9670 ext.593
facsimile bunsnittal
To: Steve Cady Fax: (253)872-8889
From: Kristin French Date: May 10,2004
Re: Parcel 324 12-1 1-90004 Pages: 11 inc. cover
CC:
❑ Urgent ❑ For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle
. . . . . . . . . .
Steve,
I mailed this hearing notice on Friday, May 7tl'. 1 mailed the notice to 1308 S. 270th St.
Des Moines,WA 98198-9333, as you had indicated that that is the correct mailing
address. I do see that Debbie signed for a certified mailing to that address on 7/1/03, but
lately the certified mailings to you have been returned as unclaimed. The first class
mailings have not been returned, so the items are deemed to have been served.
Recently mailed items included a notice that BLD2000-00623 was incomplete and that
the application would be cancelled if the required items were not received, and then a
notice dated 4/9/04 informing you that BLD2000-00623 was cancelled.
I am faxing this copy to you as a courtesy so that you are aware of the hearing date. If
you have questions regarding this, please contact me at(360)427-9670 ext. 593.
Kristin
. . . . . . . . . . . . . . . . . . . . . . . . . . . .
MASON COUNTY Shelton (360) 427-9670
DEPARTMENT OF COMMUNITY DEVELOPMENT Belfair (360) 275-4467
Planning Elma 360
Mason County Bldg.1411 N.5th ( ) 482-5269
P.O.Box 279 Shelton,WA 98584
1CLF
NOTICE OF HEARING
YOU ARE REQUIRED TO BE PRESENT MAY 19, 2004 AT 1:00 PM
MASON COUNTY BUILDING ONE, COMMISSIONERS' CHAMBERS
411 N. 5TH SHELTON, WA 98584
May 7, 2004 �}�X Zvo`{' - oob 2-
Steve Cady
Debbie Lemonnier
1308 S. 270`h St.
Des Moines, WA 98198-9333
NOTICE OF CIVIL VIOLATION
Tax Parcel Number 32412-11-90004
Steve Cady and Debbie Lemonnier:
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
You are in violation of Mason County Building and Construction Code
Mason County Code Title 14
Copies of the referenced regulations were enclosed in prior mailings. Additional copies are available from
the Mason County Planning Department. Contact(360)427-9670 ext. 281. Citations are to text"as
adopted."
Page 1 of 8
Mason County alleges as follows:
COUNT (1) On or about May 7, 2004, Steve Cady and Debbie Lemonnier(hereafter
"Cady/Lemonnier")did own, use, control, maintain, or possess a structure constructed
absent required Building Permit review and approval. The structure is located on tax
parcel number 32412-11-90004, and the structure constitutes a violation of Mason
County Development Code section 15.13.020,to wit:
On April 13, 2000, a Stop Work Order was posted by the Mason County Building
Department for failure to obtain a Building Permit to address permit required
construction. Mason County Title 14, section 14.08.030 adopts Uniform Building
Code section 106.1, which provides that except as specified in UBC section 106.2, no
building or structure regulated by the code shall be erected, altered, repaired,moved,
improved,removed, converted or demolished unless a separate permit for each building
or structure has first been obtained from the Building Official. In posting the Stop Work
Order, the Building Department informed the owner that the construction in question
required Building Permit approval. In response to the posting, the owner submitted"after
the fact"Building Permit Application Number BLD2000-00623.
The Permit application was submitted "after the fact" to address permit-
required construction that occurred absent permit review or approval. A Stop
Work Order was posted on p April 13,2000 for failure to obtain a Building
Permit. The Stop Work Order was posted by Building Department staff Larry
Waters,to specifically address construction of a shed-type structure with an
associated covered deck(footprint of construction approximately 20' x 16.5'). In
response to the Stop Work Order, Cady/Lemonnier submitted Building Permit
application number BLD2000-00623. The Building Permit application was
placed "On Hold"with Mason County, as detailed in a letter mailed to
Cady/Lemonnier on July 11, 2000. At the time of permit application, Mason
County was subject to an Order of Invalidity imposed by the Western
Washington Growth Management Hearings Board (effective January 14, 1999).
The Order of Invalidity prohibited the approval of BLD2000-00623 by Mason
County, until recision of the Order.
On June 20, 2003, the owners were provided written notification(first class and certified)
regarding the incomplete status of BLD2000-00623. Additional submittal requirements
were detailed and provided to the owner. On January 15, 2004, the owners were
provided written notification (first class and certified) advising that application number
BLD2000-00623 would be cancelled on February 15, 2004 if appropriate submittals were
not submitted by that date. On April 9, 2004, the owners were provided written
notification first class and certified) advising that application number BLD2000-00623
was cancelled, as the application remained incomplete. The structure in question
remains in its location on tax parcel number 32412-11-90004, in violation of Mason
County Title 14, section 14.08.030.
Page 2 of 8
COUNT (2) On or about May 7, 2004, Cady/Lemonnier did own, use, control,maintain,
or possess a structure, unlawfully located within the regulated buffer associated with the
Hood Canal Shoreline, on tax parcel number 32412-11-90004. The location of the
unpermitted structure constitutes a violation of Mason County Development Code
section 15.13.020, to wit:
On May 29, 2003, I conducted a site inspection associated with a Building Permit
application (BLD2000-00623)which has been"On Hold"with Mason County since the
date of submission (approximately May 17, 2000).
The Permit application was submitted"after the fact"to address permit-
required construction that occurred absent permit review or approval. A Stop
Work Order was posted on April 13,2000 for failure to obtain a Building
Permit. The Stop Work Order was posted by Building Department staff Larry
Waters, to specifically address construction of a shed-type structure with an
associated covered deck(footprint of construction approximately 20' x 16.5'). In
response to the Stop Work Order, Cady/Lemonnier submitted Building Permit
application number BLD2000-00623. The Building Permit application was
placed"On Hold"with Mason County, as detailed in a letter mailed to
Cady/Lemonnier on July 11, 2000. At the time of permit application, Mason
County was subject to an Order of Invalidity imposed by the Western
Washington Growth Management Hearings Board (effective January 14, 1999).
The Order of Invalidity prohibited the approval of BLD2000-00623 by Mason
County,until recision of the Order.
On May 29, 2003, I determined that the structure in question is located approximately 20'
—30' from the Ordinary High Water Mark of Hood Canal. This location constitutes a
violation of Mason County Resource Ordinance section 17.01.110(G)(1)(c). Mason
County Resource Ordinance section 17.01.110(G)provides that"A Mason
Environmental Permit shall be obtained . . . before undertaking . . . [new residential
construction and major new development in the regulated buffer]. New residential
construction and major new development is not permitted within Fish and Wildlife
Conservation Areas or associated buffers . . . except as approved through a variance or
reasonable use exception as provided in subsection K." On parcel number 32412-11-
90004, the regulated buffer extends 100' upland from the Ordinary High Water Mark.
This 100' buffer may be reduced pursuant to Mason County Resource Ordinance section
17.01.110 (13)(2),but it does not appear that the special provision for reduction applies to
this site.
The parcel directly to the left of the subject parcel (when facing the water) is vacant. A
residence is located on the parcel directly to the right of the subject parcel. However, it
appears to be located at least 50' upland from Ordinary High Water. I am not certain that
the structure on the parcel directly to the right of the subject parcel is located within 150'
of the property line (line dividing the two parcels). If it is, the special provision for
reduction will apply.
Page 3 of 8
However, even if the special provision for reduction does apply to the site, the structure
in question will still be located within the reduced buffer, which would range from more
than 50' from Ordinary High Water to slightly less than 100' from Ordinary High Water.
Consequently, the structure's location constitutes a violation of Mason County
Resource Ordinance section 17.01.110(G)(1)(c).
COUNT (3) On or about May 7,2004, Cady/Lemonnier did own, use, control, maintain,
or possess a structure unlawfully located within a Landslide Hazard Area, on tax parcel
number 32412-11-90004. The location of the unpermitted structure constitutes a
violation of Mason County Development Code section 15.13.020, to wit:
On May 29, 2003, I conducted a site inspection associated with a Building Permit
application(BLD2000-00623)which has been"On Hold"with Mason County since the
date of submission(approximately May 17, 2000).
The Permit application was submitted"after the fact"to address permit-
required construction that occurred absent permit review or approval. A Stop
Work Order was posted on April 13, 2000 for failure to obtain a Building
Permit. The Stop Work Order was posted by Building Department staff Larry
Waters,to specifically address construction of a shed-type structure with an
associated covered deck (footprint of construction approximately 20' x 16.51). In
response to the Stop Work Order, Cady/Lemonnier submitted Building Permit
application number BLD2000-00623. The Building Permit application was
placed "On Hold"with Mason County, as detailed in a letter mailed to
Cady/Lemonnier on July 11, 2000. At the time of permit application,Mason
County was subject to an Order of Invalidity imposed by the Western
Washington Growth Management Hearings Board (effective January 14, 1999).
The Order of Invalidity prohibited the approval of BLD2000-00623 by Mason
County,until recision of the Order.
On May 29, 2003, I determined that the structure in question is located on, and within
250' of, slopes that exceed 40%. The site in question is classified as a Landslide Hazard
Area,pursuant to Mason County Resource Ordinance section 17.01.100(A).
Construction in a Landslide Hazard Area, absent permit approval, constitutes a violation
of Mason County Resource Ordinance section 17.01.100(C)(2).
COUNT (4) On or about May 7,2004, Cady/Lemonnier did own, use, control, maintain,
or possess a structure unlawfully located within the regulated buffer associated with a
Type V Stream, on tax parcel number 32412-11-90004. The location of the unpermitted
structure constitutes a violation of Mason County Development Code section
15.13.020, to wit:
On May 29, 2003, I conducted a site inspection associated with a Building Permit
application(BLD2000-00623) which has been "On Hold"with Mason County since the
date of submission (approximately May 17, 2000).
Page 4 of 8
The Permit application was submitted"after the fact" to address permit-
required construction that occurred absent permit review or approval. A Stop
Work Order was posted on April 13, 2000 for failure to obtain a Building
Permit. The Stop Work Order was posted by Building Department staff Larry
Waters, to specifically address construction of a shed-type structure with an
associated covered deck(footprint of construction approximately 20' x 16.5'). In
response to the Stop Work Order, Cady/Lemonnier submitted Building Permit
application number BLD2000-00623. The Building Permit application was
placed "On Hold"with Mason County, as detailed in a letter mailed to
Cady/Lemonnier on July 11, 2000. At the time of permit application, Mason
County was subject to an Order of Invalidity imposed by the Western
Washington Growth Management Hearings Board (effective January 14, 1999).
The Order of Invalidity prohibited the approval of BLD2000-00623 by Mason
County, until recision of the Order.
On May 29, 2003, I determined that the structure in question is located within 85' feet of
a Type V Stream channel. Pursuant to Mason County Resource Ordinance section
17.0 1.11 O(D), Type V Streams have associated 75' associated buffers and additional 15'
building setback distances from the buffer edge(for a total required setback distance of
90'). Construction in the regulated building setback area, absent permit approval,
constitutes a violation of Mason County Resource Ordinance section
17.01.110(G)(1)(c).
COUNT(5) On or about July 15, 2003, grading occurred in a Landslide Hazard Area or
the associated buffer, on tax parcel number 32412-11-90004, absent required permit
review and approval. Parcel 32212-34-00080 is owned, used, controlled, maintained, or
possessed by Cady/Lemonnier. The grading activity constitutes a violation of Mason
County Development Code section 15.13.020, to wit:
On July 15, 2003, 1 conducted a site inspection associated with a Building Permit
application (BLD2000-00623) which has been"On Hold"with Mason County since the
date of submission (approximately May 17, 2000).
The Permit application was submitted "after the fact"to address permit-
required construction that occurred absent permit review or approval. A Stop
Work Order was posted on April 13,2000 for failure to obtain a Building
Permit. The Stop Work Order was posted by Building Department staff Larry
Waters, to specifically address construction of a shed-type structure with an
associated covered deck(footprint of construction approximately 20' x 16.5'). In
response to the Stop Work Order, Cady/Lemonnier submitted Building Permit
application number BLD2000-00623. The Building Permit application was
placed "On Hold"with Mason County, as detailed in a letter mailed to
Page 5 of 8
Cady/Lemonnier on July 11,2000. At the time of permit application, Mason
County was subject to an Order of Invalidity imposed by the Western
Washington Growth Management Hearings Board (effective January 14, 1999).
The Order of Invalidity prohibited the approval of BLD2000-00623 by Mason
County, until recision of the Order.
On July 15, 2003, I evaluated a portion of the parcel located across State Highway 101. I
evaluated this portion of the parcel to determine whether any potentially buildable areas
exist in other portions of the parcel (a factor which is considered during the review of
Variance applications). I determined that recent grading activity occurred within 250' of
slopes that exceed 40%. This portion of the site is classified as a Landslide Hazard Area,
pursuant to Mason County Resource Ordinance section 17.01.100(A). Within the
Landslide Hazard Area, an area approximately 21' x 21' was graded with fill pushed over
the slope directly above Highway 101. A cut was also made into the upland slope.
Grading activity in a Landslide Hazard Area or associated buffer, absent permit approval,
constitutes a violation of Mason County Resource Ordinance section 17.01.100(C)(2).
(1) This Notice is directed to Steve Cady and Debbie Lemonnier at the mailing address
noted above.
(2) The violations are located on tax parcel 32412-11-90004 in Mason County,
Washington. The violation of County regulations cited as COUNT 1 above is the
result of construction of permit-required structure absent Building Permit approval.
The violations of County regulations cited as COUNTS 2-4 above are the result of
construction of an unpermitted structure (footprint approximately 20' x 16.5') on a
slope the meets the definition of a Landslide Hazard Area, within regulated buffers
associated with the Hood Canal Shoreline and a Type V Stream. The violation of
County Regulations cited as Count 5 above is the result of unpermitted grading and
fill deposition in an area classified as a Landslide Hazard Area.
(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 Titles 17, 15, and 14 (Mason County
Resource Ordinance, Development Code, and Building and Construction Code) 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:
IF YOU WISH TO AVOID ADDITIONAL REQUIREMENTS NECESSARY TO
COMPLETE BUILDING PERMIT NUMBER BLD2000-00623:
Page 6 of 8
• Immediately remove the structure including all structural elements and framing after
obtaining Demolition Permit approval. Contact the Mason County Permit Assistance
Center at (360) 427-9670 ext. 284 for information regarding Demolition Permits.
IF YOU WISH TO PURSUE PERMIT APPROVAL FOR THE STRUCTURE IN
QUESTION:
• Immediately submit the following items-Submit required items detailed in the letter
dated July 29, 2003 *letter attached* (Mason County Resource Ordinance Variance
application, Geotechnical Report and Mason Environmental Permit application, and
accurate site plan which specifically identifies the setback distances detailed in the
July 29, 2003 letter.) Please note that application fees have increased slightly as of
January 1, 2004. Contact the Planning Department Front Counter at(360)427-9670
ext. 281 for current fee information.
(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 $5,000 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 may 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 MAY 19, 2004 AT 1:00 PM
MASON COUNTY BUILDING ONE, COMMISSIONERS' CHAMBERS
411 N. 5TH SHELTON,WA 98584
Signed ��--�'- �_ Dated / K t,, -7,
Title/Authority
Page 7 of 8
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 S 5/
7/3y�o3
ICI
July 29,2003 (re-mailed this date)
Debbie Lemonnier
Steve Cady
1308 S.270' St.
Des Moines,WA 98198-9333
RE: Tax Parcel Number 32412-11-90004
Dear Steve:
This letter serves as a summary of the details that we have discussed with respect to the structure
constructed on the portion of tax parcel 32412-11-90004 that is adjacent to the Hood Canal
shoreline. I understand that you wish to proceed with permit application and seek"after the fact"
permit approval for the structure. I have advised you that this option is costly,and may be
complicated and time consuming. Also,I have advised you that application does not guarantee
approval. On 6/25/03,I faxed you a copy of the Mason County Resource Ordinance Variance
review criteria. I indicated that it is your responsibility to demonstrate that your proposal satisfies
the criteria.
You will be responsible for the following:
• Submit a Mason County Resource Ordinance Variance application. An application form is
enclosed. The standard application fee of$1,200 is tripled per ordinance due to the"after the
fact" status($3,600). A Hearing Examiner fee of$200 and a Habitat Management Plan
Review fee of$350 apply. Per Resource Ordinance section 17.01.110(G),the Variance
application must be accompanied by a Habitat Management Plan that meets the criteria listed
in section 17.0 1.11 0(f). The Variance application and Habitat Management Plan need to
address the encroachment into the regulated buffer area associated with the Hood Canal
shoreline (structure is approximately 20' —22' from the Ordinary High Water Mark) and the
encroachment into the regulated building setback area associated with the Type 5 stream
(structure is approximately 85' from the channel).
• Submit a Geotechnical Report which satisfies the requirements of Mason County Resource
Ordinance section 17.01.100(E)(5)—copy enclosed. The Report needs to address 1)the
structure in question,which is located within 250' of areas where the slope exceeds 40%,2)
the recent grading/pushing of fill on the portion of the parcel located to the west of Hwy 101,
within 250' of areas where slopes exceed 40%. The areas specifically include an
approximately 21' by 2V area of fill pushed over the slope directly above Hwy 101 (just
behind a cedar storage shed)and the area cut into the upland slope. The costs associated with
review of the Geotechnical Report are based on the per hour rate charged by the Mason
County Public Works Department or the Professional Engineer retained by the Department of
Community Development. You will need to submit an"after the fact"Mason Environmental
Permit Application that addresses the construction of the structure(east portion of parcel)and
the cut/fill(west portion of parcel). The application fee of$300 (Mason Environmental
Permit processed with another permit)is tripled per ordinance due to the"after the fact"
status($900).
• Submit an accurate site plan which specifically identifies the setback distances from the
Ordinary High Water Mark of Hood Canal,the Type 5 stream,both side property lines, and
the Right of Way associated with Hwy 101. You will need to coordinate with the
Washington State Department of Transportation to document the Right of Way boundary,the
structure's location with respect to the boundary, and DOT'S approval of the location if the
location encroaches into the Right of Way.
As we discussed,the stairway and small platform located above the Ordinary High Water Mark
are not being pursued as Planning Department violations. The single exception is the watermost
platform,which may require a Mason County Building Permit application due to the steep drop-
off within five feet of the edge of the platform. I am forwarding a request to have a Building
Department Inspector evaluate the platform. If a Building Permit is not required,the platform
may remain in its present condition. If a Building Permit is required,the platform will need to be
reduced to the minimum landing dimensions specified'by the Uniform Building Code,to achieve
compliance with Mason County Resource Ordinance section 17.01.110. A Building Inspector
will also evaluate the apparently new structure located on the east portion of the parcel. A
Sanitarian with the Environmental Health Department will evaluate the sanitary facilities located
on the west portion of your parcel.
Please submit the required permit applications by September 1,2003. While I have attempted to
provide a comprehensive list of required submittal items,please be aware that additional
requirements may be identified during permit processing. If you have any questions or concerns
regarding this matter,please contact me at(360)427-9670 ext. 593. Also please contact me if
you have questions regarding the shoreline buffer regulations,stream buffer regulations,or
Landslide Hazard Area regulations that apply to your parcel. Thank you for working to resolve
this matter.
Sincerely,
Kristin French
Code Enforcement Planner
05/18/04 TtJE 15: 54 FAX 3604278425 MASON COUNTY f17j001
TX REPORT
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CONNECTION TEL
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Mason County Community Development
• Code Enforcement,Kristin French
PO Box 279
• Shelton,WA 98584
(360)427-9670 ext.593
facsimile bmsmittal
To: Steve Cady Fax: (253)872-8889
From: Kristin French Date: May 18,2004
Re: Tomorrow's Hearing Pages: 10 inc.cover
CC:
❑ Urgent )<For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle
. . . . . . . . . .
Steve,
I am faxing you a copy of the Staff Report that I will submit as an exhibit at tomorrow's
hearing. The information contained in the Report is essentially the same as information
contained in the Notice of Civil Violation and Hearing that was mailed and faxed to you.
However, a detailed timeline and fine recommendations are contained in the Staff Report.
To conserve resources, I did not mail the Staff Report or photographs that I will enter as
exhibits tomorrow. If you would like to arrive early to review the photographs/exhibits, you
are welcome to do so. Just leave me a message at (360)427-9670 ext. 593 or e-mail me
at trenchlc(Lr co.mason.wa.us and let me know when you plan to arrive (anytime after 9:00 am
is fine). I will meet with you and provide you with copies of the attachments to the Staff
Report. I am in Mason County Building 1,411 N. 5t' Street in downtown Shelton. You
can use the lobby phone to contact me at extension 593 when you arrive.
Kristin
. . . . . . . . . . . . . . . . . . . . . . . . . . . .
Environmental Health
Rose Sweir
Bachelor's of Science in Environmental Sciences from Evergreen State College.
Environmental Health Specialist, including solid and hazardous waste enforcement since
August 2001.
Amy Georgeson is an Environmental Health Specialist I. She has been employed with
Mason County since April,2002, including a six month internship that she completed
with the water quality department. She has been working with the Solid and Hazardous
Waste Department since July, 2003. Amy received a Bachelors'of Art and Science from
the Evergreen State College in August,2002. She holds certificates in Hazardous Waste
Operations &Emergency Response (40 Hours) and Drug Lab Decontamination Worker
(16 hours).
Building Department
Tami Griffey is a building inspector III for Mason County and has been employed in that
capacity with Mason County for about 13 years. She holds ICC/ICBO/AACE
certifications in the following categories: Uniform Building Code, International
Residential Code, International Building Code,Zoning Enforcement Officer and
Certified Code Enforcement Administrator. She is intimately familiar with all the
workings of processing building permits through the building department.
Larry Waters has been the acting Mason County Building Official for 3 years. Before
that he was the Lead Inspector for Mason County for 2 years and was the acting Building
Official when the Building Official was gone. Before that he was a building inspector for
6 years. He worked for Grays Harbor County for about 2 years as an Inspector,Plans
Examiner, and in Code enforcement.He worked for the town of Ruston as the Building
Official for a little over two years part time where he did inspections,plan review, and
code enforcement. He worked for the City of Olympia for about a year as the counter
building permit technician. Before that he worked for Thurston County for a little over a
year as the Lead Counter Tech and Plans Examiner. All told this accounts for about 16
years handling building pemits. Before that he worked as a Commercial Sheet Metal
Worker. He has 8 years of post high school education, 3 full time and 5 years part time.
At L.H Bates Voc. Tec./South Puget Sound C.C./Grays Harbor College and Tacoma
Corn. College. He has certifications through ICC(International Code Council), ICBO,
IAPMO and the State of Wash.
Jenny Nickerson is a Plans Examiner/Building Inspector for Mason County and has been
in that capacity for more than 3 years. She holds International Code Council and
International Conference of Building Officials certifications as a Plans Examiner,
Building Inspector, Zoning Inspector, and Permit Technician.
Terry Ryan is a building inspector III for Mason County and has been employed in that
capacity for over 6 years. Terry holds an Associates of Science degree in Building
Technology and has been certified by ICC/ICBO in the following categories: Uniform
Building Code,Uniform Plumbing Code,Uniform Mechanical Code,Plans Examiner,
Combination Dwelling Inspector, International Residential Code, International Building
Code. Previous to employment with Mason County, Terry inspected military residential
and commercial projects also involving site work and held
p � g d the title of Assistant Quality
Control Director.
Planning Department
Scott Longanecker is a senior planner for Mason County and has been employed in this
position for approximately two and a half years in that capacity. He has Bachelor's
degree in planning and natural science, and a Master's Degree in Environmental Studies.
He has been working in planning and natural resource management for about five years
in the aggregate
Richard Mraz is the Lead Planner for Mason County and has been employed as a planner
with Mason County,Washington, and Lee County,Florida, for about four years and four
months. He was employed as a field biologist and environmental educator for nine years.
He was also a backcountry ranger for about three years. All of these occupations involved
natural resource management,including field surveys for endangered species such as bald
eagles, gopher tortoises, Eastern Indigo Snakes,burrowing owls, scrub jays and a wide
variety of other endangered species for the Florida Game and Freshwater Fish
Commission. He has also conducted wetland identification, delineation and
categorization for Lee County, Florida, and Mason County, Washington. He has a
Bachelor's Degree in Environmental Studies with an emphasis in coastal processes,
including an internship with the Washington Department of Ecology modeling coastal
erosion. He has an Associate's Degree in Field Biology, and an Associate's Degree in
Humanities. He also has completed post-graduate work in marine science. He also has
several years of experience in assessing environmental impacts of land use actions under
the State Environmental Policy Act and the National Environmental Policy Act. As part
of his ongoing job duties,he frequently coordinates with the Department of Ecology,the
Department of Fish and Wildlife, and the Department of Natural Resources on the
environmental impacts of land use actions and near-shore development.
Robert Fink is Planning Manager for the Mason County Planning Department. He has
been in that capacity for roughly 3 years. Before that he was the long range planner for
the County since 1995. Before that he was a planner for Grays Harbor County for about 4
years. Before that he was a planner for Florida State Department of Community Affairs
for about 4 years. In that capacity,he implemented the state's areas of critical concern
program and monitored local governments for compliance with Florida's growth
management regulations. He has a bachelor's degree in psychology and a Master's
Degree in Urban and Regional Planning. He holds a certification from American
Institute of Certified Planners.
I
Allan Borden has a bachelor's degree in Biological Sciences from the University of
California, Santa Barbara; as well as two years of coursework in Wildlife Management
and earned a Master's of Science Degree in Natural Resources Planning/Hydrology
from Humboldt State University,Arcata, California. He was a permit planner with
Lincoln County Oregon for 8 months before coming to Mason County in August 1991.
He was a watershed planner(1991 to 1993),preparing watershed action plans and a
community subarea plan; and then a current planner(1993 to 2000)with the Department
of Community Development,reviewing 350 to 400 permits each year. He became the
Mason County long range planner in November 2000 and has prepared updates to the
Comprehensive Plan and county's development standards, as well as staff analysis on
proposed rezone requests.
Grace Miller is a planner with the Mason County Planning Department. She has been a
Tanner since 1986. She has specialized training o wetlands
p n ands delineating with the
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Department of Ecology and the Army Corps of Engineers. She has extensive experience
with SEPA and the Shoreline Master Program. She regularly works with the
Departments of Fish and Wildlife and Ecology and the tribes, and consults with them on
land use permit projects. She was the lead planner for proposed amendments to the
Shoreline Master Program.
Tami Clark has a Bachelor's of Science in Environmental Studies. She is a currently a
planner with Mason County Department of Planning. Most of her focus was in water
ecology. She was previously a hazard mitigation planner with Washington State
Department of Emergency Management for two and a half years. Her work there
included working with NEPA and SEPA.
Diane Marcus Jones is a land use permit planner for Mason County. She has a bachelor's
in natural resource management and a Master's of Science in forest and land use
planning. She has a combined 14 years experience in planning and natural resource
management with local, state and federal agencies. She was a planner with the County of
Santa Barbara for about 4 years. She was a resource planner for the Bureau of Land
Management for 8 months, and works as a botanist for the BLM for 8 months. She was a
long range planner and comprehensive planner for Snohomish County for two and a half
years. Virtually all of her 14 years have combined natural resource management with
land use planning.
Kristin French is a planning code enforcement officer with Mason County. She has been
a planner since January,2001, and has been a code enforcement officer since July 2001.
She has a bachelor's degree in Community and Environmental Planning from the
University of Washington. She is a member of Washington Association of Code
Enforcement and American Association of Code Enforcement,both since 2002. She is a
certified zoning inspector through the International Code Council. She has had
coursework in Wetland Science and delineation from Northwest Environnmental
Training Center in 2003. She also has training on Ordinary High Water Mark delineation
in 2003 from the Washington State Department of Ecology.
Last updated May 11,2004.
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ORDINANCE NO. 45-99
AMENDMENTS TO TITLE 14
BUILDING AND CONSTRUCTION
MASON COUNTY CODE
WHEREAS, the BOARD OF COUNTY COMMISSIONERS did, on January 6, 1975, adopt
a Uniform Building Code for Mason County, with amendments (Ordinance No. 451) ,
as required by Chapter 96, laws of 1974 1st Extraordinary Session; and
WHEREAS, the. BOARD OF COUNTY COMMISSIONERS did, on January 20, 1975, amend
said Building Code Ordinance No. 474; and
WHEREAS, the BOARD OF COUNTY COMMISSIONERS did, on February 24, 1975, amend
said Building Code Ordinance by Ordinance No. 483; and
WHEREAS, the BOARD OF COUNTY COMMISSIONERS did, on April 19. 1976, amend
said Building Code Ordinance by Ordinance No. 602; and
WHEREAS, the BOARD OF COUNTY COMMISSIONERS did, on February 28, 1977, amend
said Building Code Ordinance by Ordinance No. 735; and
WHEREAS, the BOARD OF COUNTY COMMISSIONERS did, on January 8, 1979, amend
said Building Code Ordinance by Ordinance No. 963; 'and
WHEREAS, the BOARD OF COUNTY COMMISSIONERS did, on February 5, 1979, amend
said Building Code Ordinance by Ordinance No. 972; and
WHEREAS, the BOARD OF COUNTY COMMISSIONERS did, on March 24, 1980, amend
said Building Code Ordinance by Ordinance No. 1135; and
WHEREAS, the BOARD OF COUNTY COMMISSIONERS did, on September 17, 1984,
amend said Building Code Ordinance by Ordinance No. 91-84; and
WHEREAS, the BOARD OF COUNTY COMMISSIONERS did, on December 22, 1992,
amend said Building Code Ordinance by Ordinance No. 138-92; and
WHEREAS, the. BOARD OF COUNTY COMMISSIONERS did, on March 12, 1996, amend
said Building Code Ordinance by Ordinance No. 37-96; and
WHEREAS, it has now become apparent that some revisions in the Code as
adopted are required; and
NOW, THEREFORE, IT IS HEREBY ORDAINED that the following amendments to the
1997 Uniform Building Code be adopted as part of the Mason County Code.
Section 14.04.610 of Title 14 of the Mason County Code is amended to read as
follows:
A. Uniform Building Code Vol 1, 2, and 3 and Related Standard 1997
Edition, including Appendix Chapters 3 through 32 and Chapter 34 published by the
International Conference of Building Officials, excluding Section 332 of Appendix
3, Appendix Chapter 33-Excavation and Grading, Chapter 11-Accessibility and
adopting the Washington State Building Code WAC 51-40 and 51-21.
B. Uniform Mechanical Code, 1997 Edition, including Appendix A through
D, published by the International Conference of Building Officials and the
International Association of Plumbing and Mechanical Officials, and the
Washington State Mechanical Code WAC 51-42 .
C. Uniform Fire Code with ap
pendices thereto and Related Standards, 1997
Edition, published by the International Conference of Building Officials and the
International Fire Code Institute, and the Washington State Uniform Fire Code WAC
51-44 and 51-45.
D. Uniform Plumbing. Code, 1997 Edition, published by the International
Association of Plumbing and Mechanical Officials, including IAPMO Standards, and
the Washington State Uniform Plumbing Code WAC 51-46 and 51-47.
E. Barrier Free Accessibility WAC 51-40.
F. Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition,
published by the International ,Conference of Building Officials.
. G. The April 1997 Washington State Energy Code, WAC 51-11 and 1997
Ventilation and Indoor Air Quality Code, WAC 51-13. 1997 NREC.
H. The 1997 Uniform Sign Code, published by the International Conference
of Building Officials.
I. 1997 Swimming Pool/Spa Code.
1
In the case of conflict among the codes enumerated in the above subsections of
this ordinance, the first shall govern over those following, save and except such
portions as are hereinafter by this ordinance deleted, modified, or amended, and
from the effective date of this ordinance the provisions thereof shall be
controlling within the unincorporated areas of Mason County.
14.08.000 Building Code Amendments.
14.08.010 General. The 1997 Uniform Building Code is hereby amended. The
amended sections shall supersede that section or table as numbered in said
Building Code of Mason County. . The amended Sections are as follows:
14.08.030 UBC Section 106.1 Permits Required. Section 106.1 is adopted,
amended and supplemented with the following:
(1) Permits shall be required for all docks, piers, floats, seawalls,
bulkheads, or other similar structures, regardless of type of construction,
including, but not limited to, rock rip rap, pilings and concrete block.
(2) Permits shall also be required for park trailers, recreational park
trailers, manufactured housing, commercial structures, commercial coaches,
factory built housing.
(3) Add to Ch 1, Administration, Sec 106.2 Work Exempt.
Exempt work shall be listed in the Exemption Policy Addendum to Chapter 1,
Section 106.2, and shall be in addition to exemptions listed in this chapter and
shall be a part of these amendments established by ordinance.
(4) Permits shall be required for the construction of vehicular and/or
pedestrian bridges. Submittal documents such as plans, calculations and
specifications must be stamped and approved by an engineer licensed in the state
of Washington is required.
The Building Official may review and approve small private foot bridges
not for vehicular use.
14.08.050 UBC 106.1, Moved Buildings, is adopted and amended by adding the
following paragraph:
No person shall move any building into or within Mason County for the
purpose of locating such building in Mason County, unless prior to moving, said
building has been inspected f-or compliance with this code by the building
Official. The cost of said inspection for moving a building shall be payable in
advance and not refundable. The inspection fee shall be based upon the current
fee schedule as adopted by the jurisdiction at the time of application. A
Building permit shall be obtained prior to locating or relocating the structure
and for all work necessary to comply with the building code on the new location.
14.08.060 UBC Section 104.1, - Creation of a Department is amended as
follows: There is hereby established in the Mason County Permit Assistance
Center by Mason County Resolution 103-97, a Division of Building Inspection which
shall be under the jurisdiction of the Mason County Permit Assistance Center
Director and appointed Building Official.
14.08.090 UBC Section 107.1, Fees,, General is adopted and amended to read:
Fees shall be assessed in accordance to the fee schedule adopted by the
jurisdiction for all permits.
14.08.130 UBC Section 1806, Footing Design, is adopted and amended as
follows:
(1) All concrete foundation footings and walls shall comply with the 1991
Uniform Building Code, and the Prescriptive Foundation Reinforcement Requirements
for single family residences as adopted by Mason County Building Department.
14.08.180 UBC Section 503.1 Building Setbacks U.B.C. 503.1 is adopted and
amended to read as follows: "All structures greater than 30" in height shall be
set back five (5) feet or more from any easement or property line from the
closest projection and ten (10) feet from county and state road right-of-ways.
Any proposed structure within 25 feet of a county road right-of-way shall be
subject to Public Works review and comment.
14.08.200 Building Setback Exemption. New section adopted as follows:
Building setbacks as established under Section 14.08.180 of this code shall apply
to all structures over 30" in height from grade excepting that, shoreline erosion
control bulkheads and property fencing may extend within the established setbacks
and up to but may not encroach within any easement, unless the applicant has by
county regulation, eliminated said easement. All construction must comply with
applicable county, state and federal regulations.
14.08.210 Building Setback variance. New section adopted as follows:
Building setback variance requests from the established setbacks as defined in
Section 14.08.180 shall be reviewed by the building official as provided for by
current regulations and policies in effect at the time of submittal.
2
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TITLE 14 CHAPTER 20
SECTIONS: MANUFACTURED HOUSING INSTALLATIONS
14.20.005 Authority, Purpose & Scope
14.20.010 Definitions
14.20.020 General Installation Requirements
14.20.030 County Standards For Installation
14.20.040 Movement of Manufactured Homes
14.20.050 Application For Installation Permit
14.20.060 Permit Fees For Manufactured Homes
14.20.070 Installation Permit Issuance and Duration
14.20.080 Inspection
14 .20.090 Penalties
14.20.100 Enforcement
14.20.110 Severability
14.20.005 Authority, Purpose & Scope, new section adopted to read:
This chapter is to provide minimum standards to safeguard life or limb, health,
property, and public welfare. by regulating and controlling the design,
construction, installation, quality of materials, use and occupancy, location and
maintenance of all manufactured homes within Mason County.
14.20.010 Definitions, is adopted and amended:
(A) HUD is the United States Department of Housing and Urban Development
with headquarters in Washington, D.C.*_
(B) Insignia - A label attached to each section of. a manufactured home
built on or after June 15, 1976. This insignia is attached by the Department of
Housing and Urban Development and if damaged or lost, shall be replaced by the
Department of Labor and Industries. No unit shall be permitted for installation
in Mason County without insignias complying with Chapter 296-150M WAC.
(C) Installation is the activity needed to prepare a building site and
to set a manufactured home within that site.
(D) Installation Permit - Authorization from the Mason County Permit
Assistance Center, the Mason County Environmental Health Department, the Mason
County Department of Community Development, Mason County Fire Marshal and the
Mason County Department of Public Works to locate a manufactured home in Mason
County. Commonly referred to as a Building Permit for the set-up of a
manufactured home.
(E) Labor and Industries (L&I) - The State of Washington Department of
Labor and Industries.
(F) Manufactured Home is a single family dwelling built according to the
Department of Housing and Urban Development Manufactured Home Construction and
Saftey Standards Act which is a national, preemptive building code. Manufactured
homes include plumbing, heating., air conditioning, and electrical systems; is
built on a permanent chassis; and can be transported in one or more sections.
Sections are a minimum of eight (8) feet wide ' and forty (40) feet long when
transported; or when installed on site is three hundred twenty seven square feet
or greater. Refer to RCW 46.04.302 and WAC 296-150M; 0020 for notes and
exceptions.
(G) Mobile Home is a factory built dwelling constructed prior to June 15,
1976 to standards other than the HUD Code, and acceptable with State Codes in
effect at the time of construction or introduction of the home into the State.
Mobile homes have not been built since the introduction of the HUD Manufactured
Home Construction and Safety Standards Act. Mobile home placement within Mason
County is regulated under Title 14, Chapter 25.
(H) Site means a tract, parcel or subdivision of land, including a mobile
home park.
(I) WAC-Washington Administrative Code
Additional terms are defined in WAC 296-150M, ANSI A119.5, and by this reference
are included as part of this chapter.
14.20.020 General Installation Requirements For Manufactured Homes, is
amended and adopted as follows%
(A) Installation of all manufactured homes shall be as provided for
pursuant to WAC, Chapter 296-150M.
(B) Installation shall meet all Mason County departmental approvals and
conditions required for installation permits.
4
14.20.030 County Standards For Installation of Manufactured Homes, is
amended and adopted as follows:
The establishment and use of manufactured homes constructed and labeled
after June 15, 1976 being brought into Mason County or being moved within Mason
County for human habitation shall be permitted once the following conditions have
met departmental approval:
All manufactured homes shall bear a label certifying compliance with
Federal Manufactured Home Construction and Safety Standards (Federal
Department of Housing and Urban Development- HUD labeling effective June
15, 1976)
14.20.040 Movement of Manufactured Homes.
(A) Any person, firm, company, or corporation wishing to transport a
manufactured home on Mason County roadways. must first obtain an Over the Road
Permit from the Mason County Department of Public Works. Transportation on State
Highways must secure approval from WSDOT.
14.20.050 Application For Installation Permit, is amended and adopted:
(A) No manufactured home may be transported, erected, installed, located,
or stored in Mason County until an installation permit, has been obtained from
the Mason County Permit Assistance Center.
(B) No permit will be issued by the Mason County Permit Assistance Center
until all requirements, in effect at the time of application, have been
satisfactorily addressed.
14.20.060 Permit Fees For Manufactured Homes, is amended and adopted:
A) The permit fee shall be in accordance with the adopted Permit Fee
Schedule by the jurisidiction.
14.20.070 Installation Permit Issuance and Duration, is amended and
adopted as follows:
(A) When all County, State, and Federal laws, ordinances, codes, and
regulations are satisfied, an installation (building) permit will be issued to
the owner or authorized agent for the owner of the manufactured home. The permit
will indicate the owners name, the contractor registration information, the
location for which the installation was approved, the installation (building)
permit number, and the date the installation (building) permit was issued. The
permit will be valid pursuant to 1997 UBC Section 106.4.3 Validity of Permit,
Section 106.4.4 Expiration, and Section 106.4.5 Suspension or Revocation.
Section 14.20.080 Inspection of Manufactured Homes is amended and adopted
as follows:
(A) All manufactured homes for which an installation (building) permit has
been issued, shall be subject to inspection by authorized Mason County employees
in accordance with this chapter, and all county, state and federal laws,
ordinances, adopted codes and regulations.
(B) The installation permit shall be displayed in clear view of the site
access road. The approved site plan and other applicable instructions as
referenced in Chapter 296-150M WAC shall also be available at this location.
These shall be maintained in legible condition for compliance review by the
inspector. If there are multiple installation options for support
configurations, the applicant or applicants agent shall clearly indicate which
options were used for the manufactured home installation.
(C) Inspections shall be required, performed and approved by Mason County
Building Department personnel for the following:
1. Cast in place footings, prior to placement of concrete
2. Manufactured Home Installation: Support placement, connection of
units, heat ducting, exterior plumbing; prior to skirting
installation.
3 . Final Inspection to include skirting, accessory structures, final
site grading, and completion of all permit conditions prior to
occupancy.
14.20.090 Penalties, is amended and adopted to read:
(A) (1) Investigation. Whenever any work for which a permit is required by
this code has been commenced without first obtaining said permit, a special
investigation shall be made before a permit may be issued for such work. (2) Fee.
An investigation fee, in addition to the permit fee, shall be collected whether
or not a permit is then or subsequently issued. The investigation fee shall be
equal to the amount of the permit fee required by this code. The minimum
5
investigation fee shall be as established by the adopted fee schedule for the
jurisidiction or pursuant to Table 1-A of the 1997 Uniform Building Code. The
payment of such investigation fee shall not exempt any person from compliance
with all other provisions of this code nor from any penalty prescribed by law.
Reference 1997 Uniform Building Code - Fees, Section 107.1 Investigation Fees:
Work without a Permit or as otherwise provided for.
(B) Reinspection Fee. If the manufacturers installation instructions, or
installation instructions provided by a Washington State licensed engineer or
architect, are not on site for review by the inspector at the time of the set-up
inspection, no inspection shall be performed, the owner must call the Mason
County Building Department to set another appointment for inspection, and the
owner will be assessed a reinspection fee. The amount of said reinspection fee
shall be as currently adopted by the jurisdiction.
14.20.100 Enforcement.
(A) The Mason County Building Department shall administer and enforce the
provisions of this chapter.
14.20.110 Severability.
(A) If any provision of this chapter, or its application to any person or
circumstance is held invalid, the remainder of the chapter or the application of
the provision to other persons or circumstances shall not be affected.
TITLE 14 CHAPTER 25
MOBILE HOMES
SECTIONS:
14.25.005 Authority, Purpose & Scope
14.25.010 Definitions
14.25.020 General Installation and Inspection Requirements
14.25.030 County installation Standards
14.25.040 Movement of Mobile Homes
14.25.050 Application for Installation Permit
14.25.060 Permit Fees
14.25.070 Installation Permit Issuance and Duration
14.25.090 Penalties, Enforcement and Severability
14:25.005 Authority, Purpose and Scope. New section adopted to read:
This chapter is to provide minimum standards to safeguard life or limb, health,
property and public welfare. by regulating and controlling the design,
construction, installation, quality of materials, use and occupancy, location and
maintenance of all mobile homes within Mason County.
14.25.010 Definitions
(A) Alteration is the replacement, addition, modification, or removal of
any equipment or installation that affects the construction, planning
considerations, fire safety, or the plumbing, mechanical, and electrical systems
of a mobile home. The installation of whole house water water treatment that
requires cutting into the existing plumbing is considered an alteration and
requires a permit, an inspection and an alteration insignia from the Washington
State Department of Labor and Industries, Factory Assembled Structures Division.
The following are not considered alterations: Repairs to equipment with approved
parts, modification of a fuel burning appliance according to the listing agencies
specifications, adjustments and maintenance of equipment.
(B) Alteration Insignia is an insignia issued by The Department of Labor
and Industries to verify that an alteration to a mobile home meets the
requirements of Federal Law 24CFR3280 and Chapter 296-150M WAC.
(C) Forced Relocation is when •an existing Mobile Home Park facility is
either closed or converted resulting in the existing mobile homes located within
the facility to be relocated. Reference RCW Chapter 59-21 for additional terms
and information.
(D) HUD is the United Stated Department of Housing and Urban Development
with headquarters located in Washington, D.C.
(E) Installation Permit is an authorization from the Mason County Permit
Assistance Center and applicable review agencies or departments to locate a
mobile home in Mason County. Commonly referred to as a building permit for the
set up of a mobile home.
(F) Labor and Industries (L & I ) is the State of Washington, Department
of Labor and Industries.
(G) Mobile Home is a factory dwelling built prior to June 15, 1976 to
standards other than the HUD Code and acceptable under applicable state codes in
effect at the time of construction or introduction of the home into the State.
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Mobile homes have not been built since the introduction of the HUD Manufactured
Home Construction and Safety Standards Act.
(H) Additional terms are defined in Chapter 296-150M WAC.
Section 14.25.020 General Installation Requirements
(A) Installation of all mobile homes shall be as provided for pursuant
to WAC, Chapter 296-150M.
(B) Installation shall *meet all Mason County Department approvals and
conditions required for installation permits. Inspections as defined in Section
14.20.080 Inspections of Manufactured Homes shall apply to all Mobile Homes.
Section 14.25.030 County Standards for Installation of Mobile Homes
The establishment and use of a mobile home for human habitation may be
permitted when all the following conditions have been met:
(A) The mobile home has had no alterations to its original construction
or systems.
(B) The mobile home bears an insignia of approval issued by the State of
Washington Department of Labor and Industries for fire, life safety.
(C) The mobile home meets the requirements contained in Chapter 296-150M
WAC and all other county, state and federal laws, ordinances, codes and
regulations.
Section 14.25.040 Movement of Mobile Homes
Any person, firm, company or corporation wanting to transport a mobile home
on Mason County roadways must first obtain an over the road permit form the Mason
County Department of Public Works. Transportation on State Highways must first
obtain approval from WSDOT.
Section 14.25.050 Application for Installation Permit
(A) No mobile may be transported, erected, installed, located or stored
in Mason County until an installation permit has been obtained from the Mason
County Permit Assistance Center.
Section 14.25.060 Permit Fees is adopted and amended as follows: The
permit fee for Mobile Homes shall be in accordance with the adopted County Permit
Fee Schedule for manufactured homes.
Section 14.25.070 Installation Permit Issuance and Duration is amended as
follows: Installation Permit Issuance and Duration shall be as designated for
Manufactured Homes in Section 14.20.070.
Section 14.25. 090 Penalties, Enforcement and Severability is amended and
adopted as follows: .Refer to Section 14 .20. 090 through Section 14.20.110
TITLE 14 CHAPTER 30
PARK TRAILER/RECREATIONAL PARK TRAILER INSTALLATIONS
FOR
PARK TRAILERS/RECREATIONAL PARK TRAILERS
SECTIONS:
14 .30.005 Authority, Purpose & Scope
14.30.010 Definitions
14.30.020 General Installation Requirements
14.30.030 County Standards For Installation
14.30.040 Movement of Park Trailers/Park Models
14.30.050 Application For Installation Permit
14 .30.060 Permit Fees For Park Trailers/Park Models
14.30.070 Installation permit Issuance and Duration
14.30.080 Inspection
14.30.090 Penalties
14.30.100 Enforcement
14.30.110 Severability
14.30.005 Authority, Purpose and Scope. New section.adopted to read:
This chapter is to provide minimum standards to safeguard life or limb, health,
property, and public welfare by regulating and controlling the design,
construction installation, quality of materials, use and occupancy, and location
on the parcel for all recreational park trailers and park trailers.
14.30.010 Definitions.
(A) Insignia - Is a label attached to each recreational park
7
trailer/park trailer, indicating the unit meets Washington State Department of
Labor and Industries rules and regulations and conforms to the American National
Standards Institute Standard A119.2 for recreational vehicles and A119.5 for park
trailers and Chapter 296-150P WAC for recreational park trailers.
(B) Installation Permit - Authorization from the Mason County Permit
Assistance Center, the Mason County Environmental Health Department, and the '
Mason County Department of Community Development to locate a Recreational Park
Trailer/Park Trailer in Mason County. Commonly referred to as a Building Permit.
(C) . Park Trailer: See Recreational Park Trailer
(D) Recreational Park Trailer is a trailer type unit that is primarily
designed to provide temporary living quarters for recreational, camping, or
seasonal use. It is built on a single chassis, mounted on wheels,• having a gross
trailer area not exceeding 400 square feet in the set up mode measured to the
outside of trim boards and is certified by the manufacturer as complying with.
ANSI A119.5.
(E) Additional definitions are defined in Chapter 296-150P WAC.
14.30.020 General Installation Requirements, amended and adopted as
follows:
(A) Installation of Recreational Park Trailers/Park eTrailers in Mason
County shall be in a permanent manner, following the guidelines established in
Washington Administrative Code (WAC) 296-150M. for manufactured homes.
14.30.030 County Standards For Installation of Recreational Park
Trailers/Park Trailers. Amended and adopted as follows:
The establishment and use of a Recreational Park Trailer/Park Trailer
brought into Mason County or moved within Mason County for human habitation shall
be permitted once the following conditions have met departmental approval:
(A) All Recreational Park Trailers/Park Trailers shall be installed
following the printed manufacturers installation instructions. A copy of these
instructions shall be on site for review by the Mason County Building Inspector
performing the inspections.
(B) If the manufacturers installation instructions are not available the
owner may install the unit in accordance with installation instructions provided
for in WAC 296-150M Manufactured homes. These installation instructions must be
on .site for review by the building inspector.
(C) All Recreational Park Trailers/Park Trailers shall be anchored to the
ground. Reference ANSI.A119.5 Chapter 3, Section 3-5.4.
14.30.040 Movement of Recreational Park Trailers/Park Trailers.
(A) Any person, firm, company, or corporation, wanting to transport a
Recreational Park Trailer/Park Trailer measuring over eight and one half feet
(8.51 ) in width must first obtain an Over the Road Permit from the Mason County
Department of Public Works.
14.30.050 Application For Installation Permit.
(A) No Recreational Park Trailer/Park Trailer may be transported, erected,
installed, located, or stored in Mason County until an installation permit has
been obtained from the Mason County Permit Assistance Center.
(B) No permit will be issued by the Permit Assistance Center until all
requirements, in effect at the time of application, of Mason County Departments
have been addressed. .
14.30.060 Permit Fees for Recreational Park Trailers/Park Trailer.
Amended and adopted as follows;
The permit fee for Recreational Park Trailers/Park Trailers shall be in
accordance with the adopted County Building Permit Schedule for Manufactured
Homes.
14.30.070 Installation Permit Issuance and Duration.
(A) When all County, State, and Federal laws, ordinances, codes, and
regulations are satisfied, an installation (building) permit will be issued to
the owner of the Recreational Park Trailer/Park Trailer.- The permit will indicate
the owners name, the location for which the installation was approved, the
contractor registration information, the installation (building) permit number,
and the date the installationi (building) permit was issued.
(B) The installation (building) permit w
p ill be valid for 180 days from the
date of issuance.
8
1
(C) Each installation (building) permit shall be valid only for the
location indicated on the permit.
(D) The owner or authorized agent of the Recreational Park Trailer/Park
Trailer shall be the only entity to whom an installation (building) permit will
be issued.
14.30.080 Inspections of Recreational Park Trailers/Park Trailers.
(A) All Recreational Park Trailers/Park Trailers shall be subject to
inspection by authorized Mason County employees in accordance with this chapter,
the 1997 Uniform Building Code and all other codes, ordinance and regulations in
effect at the time of permitting. Required inspections shall include items as
referenced in Section 14.20.080 for manufactured homes
14.30.090 Penalties.
(A) (1) • Investigation. Whenever any work for which a permit is required by
this code has been commenced without first obtaining said permit, a special
investigation shall be made before a permit may be issued for such work. (2) Fee.
An investigation fee, in addition to the permit fee, shall be collected whether
or not a permit is then or subsequently' issued. .The investigation fee shall be
equal to the amount of the permit fee required by this code. The minimum
investigation fee shall be the same as the minimum fee set forth in Table No. 1.
The payment of such investigation fee shall not exempt any person from compliance
with all other provisions of this code nor from any penalty prescribed by law. .
Reference 1997' Uniform Building Code - Fees, Section 107.1 Investigation Fees:
Work without a Permit.
(B) Reinspection Fee. If the manufacturers installation instructions, or
installation instructions provided by a licensed engineer or architect in the
State of Washington, are not on site for review by the inspector at the time of
the inspection no inspection shall be performed, the owner must call the Mason
County Building Department to set another appointment for inspection, and the
owner will be assessed a reinspection fee according to the current adopted fee
schedule.
14.30.100 Enforcement.
(A) The Mason County Building Department shall administer and enforce the
provisions of this chapter.
14.30.110 Severability.
(A) If any provision of this chapter, or its application to any person or
circumstance is held invalid, the remainder of the chapter or the application of
the provision to other persons or circumstances shall not be affected.
Title 14 Chapter 40
FACTORY BUILT HOUSING, COMMERCIAL COACHES
AND COMMERCIAL STRUCTURES
Sections:
14.40.005 Authority, Purpose & Scope
14.40.010 Definitions
14.40.020 General Installation Requirements
14.40.030 Movement of Factory Built Housing and Commerical Structures
14.40.040 Application for Installation Permit
14.40.050 Permit Fees
14.40.060 Installation Permit Issuance and. Duration
14.40.070 Inspection
14.40.080 Penalties
14.40.090 Enforcement
14.40.100 Severability
14.40.005 Authority, Purpose & Scope
This chapter is to provide minimum standards to safeguard life or limb,
health, property, and public welfared by regulating and controling the design,
construction, installation, quality of materials, use and occupancy, location and
maintenance of all factory built housing, commercial structures and commercial
coacher.
14.40.010 Definitions:
(A) Commercial Coach is a structure (referred to as a 'unit) that:
Can be transported in one or more sections; is used for temporary commercial
purposes; is built on a permanent chassis; conforms to the construction standards
of Chapter 296-150C WAC; may include plumbing, mechanical, electrical and other
systems.
(B) Commercial Structure . is a structure designed or used for human
habitation (such as a dormitory) or human occupancy for industrial, educational,
assembly, professional, or commercial purpose. WAC296-150E-0030.
9
(C) Factory built housing is housing designed for human occupancy such
as a single family dwelling. The structure of any room is entirely or
substantially prefabricated or assembled at a place other than a building site.
It may also include a componenet. A factory built house is also referred as a
"modular" structure. Factory built housing does not include manufactured and
mobile housing.
(D) Insignia is a label attached to the structure by the Department of
Labor and Industries to verify the requirements of Chapter 296-150F WAC for
Factory Built Housing and Commercial Structures. It could also be a stamp or
label attached to a component to verify that it meets the requirements of Chapter
296-15OF WAC. Proof of Department of Labor and Industries insignia shall be
required for all new and used factory built housing and commercial structures.
Commercial coach insignia information can be obtain in WAC 296=150C.
(E) Installation Permit - Authorization from the Mason County Permit
Assistance Center, the Mason County Environmental Health Department, the Mason
County Department of Community Development, and the Mason County Department of
Public Works and Mason County Fire Marshal to locate a factory built house,
commercial coach or commercial structure in Mason County. Commonly referred to
as a Building Permit.
Additional terms are defined in Chapter 296-150F WAC and Chapter 296-150C
WAC and by reference these chapters shall be included as part of this chapter.
14.40.020 Installation Requirements.
(A) Factory built housing units, commercial coaches and commercial
structures shall be installed in accordance with all applicable Uniform Building
Codes, and Mason County Construction Codes in effect at the time of permit
issuance.
14.40.030 Movement of Factory Built Housing, Commercial Coaches and
Commercial Structures.
(A) Any person, firm, company, or corporation wanting to transport a
factory built housing unit, commercial coach or commercial structure on Mason
County roadways must first obtain an Over the Road permit from the Mason County
Department of Public Works.
14.40.040 Application For Installation Permit is amended and adopted as
follows:
(A) No factory built housing, commercial coach or commercial structure may
be transported, erected, installed, located, or stored in Mason County until an
installation permit, has been obtained from the Mason County Permit Assistance
Center.
(B) No permit will be issued by the Mason County Permit Assistance Center
until all requirements, in effect at the time of application, have been met.
(C) Construction drawings shall be prepared and sealed by an architect or
engineer licensed in the State of Washington. Photo copies of plans approved by
The Washington State Department of Labor and Industries are acceptable for
submittal purposes.
14.40.050 Permit Fees fdr Factory Built Housing, Commercial Coach and
Commercial Structure is amended and adopted as follows: .
(A) The permit fee schedule for factory built housing, commercial coach and
commercial structure shall be in accordance the current Building Standards rate
with modifier as adopted or valued by submitted written bid or 'engineer's
established cost of the project and assessed fees pursuant to the current adopted
fee schedule.
14.40.060 Installation Permit issuance and Duration is amended and adopted
as follows:
(A) When all County, State, and Federal laws, ordinances, codes, and
regulations are satisfied, an installation (building) permit will be issued to
the owner or authorized agent of the factory built housing, commercial structure
or commercial coach . The permit will indicate the owners name, the location of
for which the installation was approved, the installation (building) permit
number, the contractor registration number and the date the installation
(building) permit was issued.
(B) The installation (building) permit will be valid for 180 days from the
date of issuance.
(C) Each installation (building) permit shall be valid only for the
location indicated on the permit.
10
(D) The owner or authorized agent of the owner of the factory built
housing, commercial coach or commercial structure will be the only entity to whom
an installation (building) permit will be issued.
14.40.070 Inspection.
(A) All factory built housing, commercial coach units and commercial
structures for which an installation (building) permit has been issued, shall be
subject to inspection by authorized Mason County employees in accordance with
this chapter, all applicable adopted codes and ordinance regulations at the time
of permit issuance.
14.40.080 Penalties.
(A) (1) Investigation. Whenever any work for which a permit is required by
this code has been commenced without first obtaining said permit, a special
investigation shall be made before a permit may be issued for such work. (2) Fee.
An investigation fee, in addition to the permit fee, shall be collected whether
or not a permit is then or subsequently issued. The investigation fee shall be
equal to the amount of the permit fee required by this code. The minimum
investigation fee shall be the same as the minimum fee set forth in Table 1-A.
The payment of such investigation fee shall not exempt any person from compliance
with all other provisions of this code nor from any penalty prescribed by law.
reference 1997 Uniform Building Code - Fees, Section 107.1 Investigation Fees:
Work Without a Permit. Reference also Title 14 Chapter 12 Section 030 —Violation
and Penalties.
(B) Reinspection Fee. If the manufacturers installation instructions, or
installation instructions provided by a licensed engineer or architect in the
State of Washington, are not on site for review by the inspector at the time of
the inspection no inspection shall be performed, the owner must call the Mason
County Building Department to set another appointment for inspection, and the
owner will be assessed a reinspection fee in accordance with the current adopted
fee schedule. .
14.40.090 Enforcement.
(A) The Mason County Building Department shall administer and enforce the
provision of this chapter.
14.40.100 Severability.
(A) If any provisions of this chapter, or its application to any person or
circumstance is held invalid, the remainder of the chapter or the application of
the provision to other persons or circumstances shall not be affected.
Chapter 14.04 Mason County Code. In conformance with the provisions of
the State Building Code RCW 19.27 all the following Ordinances and Resolutions
or parts thereof conflicting or inconsistent with the provisions of this
Ordinance and the Codes hereby adopted are hereby repealed.
Ordinance 451 Effective January 6, 1975. Adoption of 1973 Editions of UBC,
UPC, UMC, UFC and Amendments.
Ordinance 483 Effective February 24, 1975. General Amendments.
Ordinance 602 Effective April 19, 1976. Adoption of 1976 Editions of UBC,
UPC, UMC, UFC, and Amendments.
Ordinance 735 Effective February 28, 1977. General Amendments
ordinance 963 Effective January 8, 1979. Establishment of Mason County
Health Department.
Ordinance 972 Effective January 29, 1979. General Amendments:
Ordinance 1135 Effective March 24, 1980. Adoption of 1979 Editions of UBC,
UPC, UMC, UFC and Amendments.
Ordinance 47-82 Effective June 21, 1982 . General Amendments.
Ordinance 91-84 Effective September 17, 1984 . Adoption of 1982 UBC,
Ordinance 91-84 Effective September 17, 1984 . Adoption of 1982 UBC, UPC, UMC,
UFC, and amendments, Washington State Energy Code 1980.
11
I
I ,
Ordinance 43-86 Effective April 1, 1986. Adoption April 22, 1986.
Ordinance 138-92 Effective Dec. 23, 1992.
Ordinance 37-96 Effective March 12, 1996
Dated this y day of May, 1999.
BOARD OF COMMISSIONERS
M .&/N CO TY WAS GT
Vf ,
3rm ISSIONER
OMMIS N
ATT T: _
Clerk of t e Bo d
PP OV D AS TO FORM:
P+ -
Chief Prosecuting Attorney
Michael Clift
i
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