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Home My WebLink AboutNotice to Title Parcel 921092007 AFN 605777605777 PGS:6 NTIT 02/1012017 02:32 PM $78.00 JEFF CO DEPT OF COMMUNITY DEVELOPMEN' Jer rer san County WR Auditor's Office - Rose Ann Carroll, PuEitor mill MI�1RY91W14,a4Yrl�+! h�llhl�Pp�lh'+i�Ih�I�WI� 1I III After recording return document to: Jefferson County Department of Community Development 621 Sheridan Street Port Townsend, WA 98368 Document Title: NOTICE TO TITLE: NOTICE OF VIOLATION and ORDER Case Number: COM16-00066 GreMor(st: Jefferson County Grantee(s): Tim Wilkins Legal Description: S9 T29 R1E N7/2 SW SW NW Assessor's Tax Parcel Number: 921092007 NOTICE TO TITLE Notice is hereby given that Jefferson County Department of Community Development has issued a NOTICE OF VIOLATION and ORDER to Tim Wilkins, 10953 Madison, Bainbridge Island, Washington 98110, pursuant to Jefferson County Code 18.50.060, in regard to land use violations on Parcel Number 921092007. The Administrator has determined from information gathered during a site visit on May 25, 2016, that violations of County land use regulations occurred at the site as outlined in Exhibit below. Failure to Correct the violations by October 1, 2016 has resulted in this notice to title being recorded. Civil penalties may be assessed retroactively to May 25, 2016, until the required corrections have been completed to the satisfaction of the Jefferson County Department of Community Development pursuant to JCC 18,50.110. ��MEN OF(�TV DEVELOPMENT D Patty Char s, Director/UDC Administrator, Jefferson County DCD STATE OF WASHINGTON COUNTY OF JEFFERSON n On fcLMJv.e,nl , 20�, personally appeared C `'C ��K'J•'`CS and proved to me o e basis of satisfactory evidence to the person whose name is sub 'bed to this instrument, and acknowledged that she executed it. WITNESS my hand and official seal this �\ day of 'C� WI) L- , 20—L1-. 01 AD, Oil Note tic in�7nd for the State of Washington, � ,�pT•t�� Residing at Y07't"T�+-tJ\7 evc'�t Vr�Pv w �unor ? Page 1 of 6 APN 921092007 '%6.2 7KO- 0 GAO Op WASN�� _ EXHIBIT A Notice of Violation and Order Mr. Tim Wilkins Case No.: COM16-00066 10953 Madison Bainbridge Island, WA 98110 Parcel Number: 921092007 Site Address: Gybe Ho Road Nordland, WA 98358 You are hereby formally notified that pursuant to Jefferson County Code 18.50.060, the Administrator has determined from information gathered during a site visit on May 25, 2016, that a violation of County land use regulations has occurred at this site as follows (underline text emphasizes areas of violation) : Violation(s): Violation of Article VII. Wetlands, JCC 18.22.310 Regulated Activities. Any land use or development activity shall be subject to the provisions of this Article VII, including, but not limited to, the following activities that are directly undertaken or originate in a regulated wetland or its buffer, unless exempted under JCC 18.22.070: a. JCC 18.22.310(1) The removal, excavation, grading, or dredging of material of any kind, including the construction of ponds and trails; b. JCC 18.22.310(2) The dumping or discharging of any material, or Placement of any fill: c. JCC 18.22.310(7) The destruction or alteration of wetland vegetation through clearing, harvesting, shading, intentional burning, application of herbicides or pesticides, or planting of vegetation that would alter the character of a regulated wetland; provided that these activities are not part of a forest practice governed under Chapter 76.09 RCW (Forest Practices Act) and its rules; 2. Violation of JCC 18.22.330 Wetland Buffer Protection Standards. JCC 18.22.330(4) Drainage and Erosion Control. An applicant submitting a project application shall also submit, and have approved, a drainage and erosion control Plan as specified in this chapter (JCC 18.22.410). The plan shall discuss, evaluate and recommend methods to minimize sedimentation of designated wetlands during and after construction. Page 2 of 6 APN 921092007 3. Violation of JCC 18.22.330(5) Buffer Marking. Upon ti EXHIBIT A of the wetland delineation II be marked in the field as 4. Violation of JCC 18.22.330(6) Buffers —Standard Requirements. The administrator shall have the authority to require buffers from the boundaries of all wetlands as established by this article, and in accordance with the following criteria: Wetland buffer widths shall be field during delineation if required, or based upon site investigation, aerial photographs, or UDAR images. 5. Violation of JCC 18.30.060 Grading and Excavation Standards. a. JCC 18.30.060(1)(a) All gradinq and clearing activities shall be conducted so as to b. JCC 18.30.060(2 accomplished as C. 91 adopted Stormwater Ms by the county engineer activities shall be ant Practices (BMPs). BMPs from the currently Manual for Western Washington or as specified Chapter 18.22 JCC, Article VII Wetlands. 6. Violation of JCC 18.30.070 Stormwater Management Standards. Page 3 of 6 APN 921092007 EXHIBIT A manual for Western Washington and obtain a stormwater management permit if required by subsection (5). a. JCC 18.30.070(5). Stormwater Management Permit and Plan Review. All grading of 500 cubic yards or more (not exempted under 18.30.060(5)(b)), land -disturbing Location of Violation(s): Address: Unaddressed property adjoining to west side of 415 Gybe Ho Road, sometimes referred to as 2711 Gybe Ho Road Assessor Parcel Number: 921092007 Situated in Jefferson County, Washington. Required Correction(s): Violation(s) must be corrected by taking the following action(s): PROVIDE UPDATED SITE PLAN 8. REWORK STORMWATER PERMIT APPLICATION TO MEET MINIMUM REQUIREMENTS AND ADDRESS CLEARED AREAS 9. RESTORE BUFFER: THE BEST APPROACHS TO RESTORING THE IMPACTS ARE NOT KNOWN AT THIS TIME. COORDINATION WITH THE STATE DEPARTMENT OF ECOLOGY WILL BE NECESSARY, TO DEVELOP AN INTEGRATED SET OF ACTIONS WITH THE EXISING STATE ORDER. Page 4 of 6 APN 921092007 EXHIBIT A Civil Penalty/Notice of Lien: Per JCC 18.50.110, civil penalties in the amount of $100.00 per day, per violation, shall be assessed against you and the property commencing retroactively to May 25, 2016, until the required corrections have been completed to the satisfaction of the Jefferson County Department of Community Development. The civil penalties are charged as a joint and separate personal obligation of all persons cited by this Notice and Order, and as an unperfected lien against the property. Abatement/Notice of Lien: If you fail to correct all violations by October 1, 2016, the Administrator will abate the above JCC violation(s) by causing necessary corrective action to be taken. The cost of the abatement work will be charged as the joint and separate obligation of all persons cited by this Notice and Order, and as an unperfected lien against the property. Such lien can be transformed in Superior Court into a money judgment against the property that could lead to the foreclosure and sale of the property. Suspension and Revocation of Permits: In the event compliance has not been accomplished by the deadline date indicated above, any land use approvals or building permits related to the subject violation(s) shall be suspended pending compliance and may be permanently revoked. Notice to Title: Failure to correct the violations by the date noted may result in a "Notice to Title" being recorded with the Jefferson County Auditor, documenting that this property is out of compliance with applicable provisions of Jefferson County land use Regulations or building codes. Appeal of this Order: If you are served with this Notice and Order, you may appeal it to the Jefferson County Hearing Examiner. Appeals shall be filed in writing with the Jefferson County Department of Community Page 6 of 6 APN 921092007 EXHIBIT A Development within fourteen (14) calendar days from the date of service of this Notice and Order. Any per -day civil penalty shall not accrue during the pendency of an appeal, unless the Hearing Examiner determines that the appeal is frivolous or intended solely to cause delay. A $995.00 filing fee must accompany the appeal. IF YOU FAIL TO APPEAL THIS NOTICE AND ORDER, IT BECOMES FINAL WITHIN FOURTEEN (14) DAYS FROM THE DATE OF THIS ORDER. FAILURE TO FILE A COMPLETE AND TIMELY APPEAL CONSTITUTES A WAIVER OF ALL RIGHTS TO AN ADMINISTRATIVE APPEAL UNDER COUNTY CODE. Dated this, day, 30 June 2016. Jefferson County Department of Community Development David Goldsmith Interim DCD Director / Building Official cc: Jefferson County Deputy Prosecuting Attorney File Page 6 of 6 APN 921092007