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HomeMy WebLinkAboutOrd 1659 - Tree Clearing and Planting (Repealed by Ord 1758) rso8�" C ity o Tu J Washington Ordinance No. 16 5 q AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ADOPTING INTERIM STANDARDS FOR TREE CLEARING AND PLANTING, PROVIDING FOR SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS the City Council has generally determined that standards for vegetation clearing and planting are necessary to mitigate environmental consequences of land development, and to maintain and improve the quality of Tukwila's urban environment; and WHEREAS significant additional time will be required to complete adoption of a tree ordinance with comprehensive standards for vegetation clearing and planting; and WHEREAS the limited amount of vacant land remaining in Tukwila may be cleared of vegetation in a manner which produces adverse aesthetic and environmental impacts not envisioned in new vegetation clearing and planting standards; and WHEREAS the City Council finds that implementation of interim tree clearing and planting standards is necessary to protect the health and welfare of the City's residents; WHEREAS the standards and procedures contained in the attached Interim Tree Ordinance reflect the minimum desired standards, and could be used by the City in evaluation and approval of vegetation clearing activities until a comprehensive tree ordinance is adopted; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON DO HEREBY ORDAIN AS FOLLOWS: Section 1. The attached Interim Tree Ordinance is hereby adopted, and shall become binding as of the effective date of this Ordinance on all properties subject in whole or in part to the Sensitive Areas Overlay Zone of Tukwila Municipal Code Chapter 18.45. Section 2. The Department of Community Development is instructed to prepare and present a codified tree ordinance as soon as practicable. Delay in presentation of such tree ordinance shall not affect the validity of this Ordinance. Section 3. The City shall collect a fee of $25.00 for processing a Tree Clearing Permit, except as noted in Section 3.5 of the attached Interim Tree Ordinance. Section 4. SEPA Exemption and Declaration of Emergency. Pursuant to Tukwila Municipal Code Chapter 21.04.100 and Washington Administrative Code 197.11 -880, the City Council finds that an exemption under SEPA is temporarily necessary to prevent an imminent danger to public or private property, or to prevent an imminent threat of serious environmental and /or aesthetic degradation, if vegetation clearing is allowed inconsistent with the standards and procedures in the attached Interim Tree Ordinance. Alternatively, the responsible SEPA official may undertake a review and issue a determination at any time prior to the adoption of the codified tree ordinance referenced in Section 2 above. Section 5. Severability. If any section, sentence, clause or phrase of this Ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Ordinance. Section 6. Effective Date. This Ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force immediately after passage as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a regular meeting thereof this /k day of 1993. Vivi U /64 i/Z J1 W. Rants, Mayor ATTEST/AUTHENTICATED: gl e E. Cantu, City Clerk APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: By Jt-L, 7r /r:1_ l FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL; PUBLISHED: l- a 7 q 3 EFFECTIVE DATE: 2 I 93 ORDINANCE NO.: /0 5� 1.1 PURPOSE This Ordinance is adopted to: INTERIM TREE ORDINANCE SECTION I. PURPOSE, SCOPE AND DEFINITIONS. A. Mitigate certain environmental consequences of land development, and to maintain and improve the quality of Tukwila's urban environment. B. To promote building and site planning practices that are responsive to the community's natural environment, without preventing reasonable development of land. C. Regulate clearing of trees and understory vegetation in the City of Tukwila in order to: 1. Maintain and enhance the aesthetic, ecological and economic benefits, provided by vegetation, such as: a. providing wildlife habitat; b. reducing runoff and soil erosion; c. reducing air pollution; d. masking noise; e. reducing wind speed and urban "wind tunnels;" f. energy conservation, cooling of urban centers; g. increasing real property values; h. enhancing visual and aesthetic qualities of the urban environment. 2. Maintain the viability of existing stands of trees and understory vegetation. 3. Promote retention of native vegetation in Sensitive Areas and their Buffers, Shoreline areas and wildlife habitat areas. D. Provide a means to implement the requirements of Tukwila's Sensitive Areas Ordinance relative to vegetation removal in Sensitive Areas and Sensitive Area Buffers. 1.3 DEFINITIONS The following definitions shall be used in the administration of this Ordinance: 1/12/93 Page 3 1.2 SCOPE This Ordinance sets forth rules and regulations to control clearing of trees and understory vegetation within the City of Tukwila. Applicant Any person proposing to engage in or engaged in any clearing of trees or understory vegetation within the city limits of Tukwila. Caliper American Association of Nurserymen standard for measurement of trunk size of nursery stock. Caliper of the trunk shall be taken 6 inches above the ground. Certified arborist An arborist certified by the International Society of Arboriculture or National Arborist Association. Clearing Removal or causing to be removed, through either direct or indirect actions, any vegetation from a site. Actions considered to be clearing include, but are not limited to, causing irreversible damage to roots or trunks; poisoning; destroying the structural integrity; and /or any filling, excavation, grading, or trenching in the root area of a tree which has the potential to cause irreversible damage to the tree. Diameter- breast height (d.b.h.) The diameter of any tree trunk, measured at 4 -1/2 feet above average grade. Director The Director of the City of Tukwila Dept. of Community Development or his /her designee. The Director is the responsible Administrative Officer of this Ordinance, with the authority to establish regulations and procedures to carry out the intent of this Ordinance. Dripline An area encircling the base of a tree, delineated by a vertical line extending from the outer limit of a tree's branch tips down to the ground. Essential root zone The area located on the ground between the tree trunk and 10' beyond the drip line. Excavation The mechanical digging or removal of earth material. Filling The act of transporting or placing (by any manner or mechanism) fill material from, to, or on any soil surface, natural vegetative covering of soil surface, or fill material (including temporary stock- piling of fill material). Grading Any excavating, filling, clearing, or the creation of impervious surface, or any combination thereof, which alters the existing surface of the earth. Groundcover Trees, shrubs and any other plants or natural vegetation which covers or shades in whole or in part the earth's surface. 1/12/93 Page 4 Hazardous tree A tree with a structural defect or disease, or which impedes safe vision or traffic flow, or otherwise currently poses a threat to life or property. Land Altering activity Any activity that results in change of the natural cover or topography, as defined in the City of Tukwila Land Altering Ordinance (No. 1591). Land Altering Permit A permit for land altering activity issued by the City of Tukwila pursuant to the Land Altering Ordinance (No. 1591). Landscape plan see Plan. Mean high water mark A line approximately parallel to the river channel which marks the elevation of the surface of the Green River waters when the discharge rate at the U.S. Geological Survey Stream Gauging Station, Green River near Auburn (121130) is 9,000 cubic feet per second, and as determined by maps on file with the Tukwila City Clerk. Mitigation plan see Plan. Person Any legal entity recognized by the State of Washington for the purpose of assigning legal responsibility, to include, but not limited to: individuals, partnerships, firms, associations, commissions, boards, utilities, institutions, and estates. Plan A sketch, survey or other drawing, photograph or similar document which may be a part of the set of permit drawings or construction documents, and which contains information related to vegetation clearing and sufficient for the Director to make a final permit decision. Protected tree /protected vegetation A tree or area of understory vegetation identified on an approved Tree Retention Plan to be retained and protected during construction. Protection measure A practice or combination of practices (e.g. construction barriers, protective fencing, tree wells, etc.) used to control construction or development activity, where such activity may impact vegetation which is approved for retention in a Tree Clearing Permit. Protective fencing A temporary fence or other structural barrier installed to prevent permitted clearing or construction activity from adversely affecting vegetation which is approved for retention in a Tree Clearing Permit. Sensitive Area and Sensitive Area Buffer Wetlands, watercourses, landslide hazard areas and abandoned coal mines and their buffers as designated or defined now or hereafter in the Sensitive Areas Ordinance. Sensitive Areas Ordinance City of Tukwila Ordinance No. 1599 (TMC Chapter 18.45) which establishes standards for land development on lots with sensitive areas (e.g. steep slopes, wetlands, watercourses, etc.). Shoreline Zone An overlay zone established by TMC 18.44 extending from the mean high water mark of the Duwamish /Green River for 200 feet landward. Vegetation Living trees, shrubs or groundcover plants. 1/12/93 Page 5 Site Any legally defined section of real property, whose boundaries are recorded for purposes of assessing taxes with the county Assessor's Office, where vegetation clearing activities are proposed or have occurred. Site plan see Plan Tree Any self- supporting woody plant, characterized by one main trunk, with a potential diameter- breast height of two (2) inches and potential minimum height of ten (10) feet. Understory vegetation Small trees, shrubs, and groundcover plants, growing beneath and shaded by the main tree canopy which affect and are affected by the soil and hydrology of the area surrounding the main tree roots. SECTION II. EXEMPTIONS The following activities are exempt from the application of this Ordinance and do not require a Tree Clearing Permit: A. Clearing of any vegetation; UNLESS the site on which clearing is to occur is located in a Sensitive Area, Sensitive Area Buffer, or Shoreline Zone. B. On sites within a Sensitive Area, or Sensitive Area Buffer, or Shoreline Zone: 1. Clearing of up to 4 trees on a site currently zoned and developed for single family residential use within any thirty -six (36) -month period; UNLESS the trees to be removed are located in a wetland, stream, buffer of a wetland or stream or within the Shoreline Zone. 2. Removal of hazardous trees. 3. Routine maintenance of vegetation necessary to maintain the health of cultivated plants, to contain noxious weeds, or to remedy a potential fire or health hazard or threat to public safety per TMC 8.28 (Nuisances). 4. Vegetation removal necessary to the operation of an established Christmas tree farm or commercial plant nursery. 5. Construction and maintenance of streets and utilities within City approved right -of -ways and /or easements. SECTION III. GENERAL PERMIT PROVISIONS 3.1 MANDATORY STANDARDS All removal of trees and understory vegetation shall be undertaken in accordance with the mandatory standards specified in Section III of this Ordinance. 1/12/93 Page 6 3.2 PERMIT REQUIRED No person shall conduct any clearing of vegetation without first obtaining a Tree Clearing Permit on a form approved by the Director; unless specifically exempted under Section II of this Ordinance. 3.3 PERMIT APPLICATION MATERIALS The following materials are required to obtain a Tree Clearing Permit: A. Site Plan of the proposal, showing: 1. Dripline of existing trees 4" in diameter or larger, in relation to proposed and existing structures and utility lines; 2. All trees to be removed and /or relocated; 3. Existing and proposed topography of the site at two foot contour intervals; 4. Limits of any Sensitive Area and Sensitive Area buffer, and mean high water mark of the river. B. Landscape Plan for the proposal showing: 1. Quantities and sizes of replacement trees /vegetation to be used to replace vegetation cleared; 2. All trees and vegetation to be retained; 3. Proposed vegetation protection measures; 4. Any other measures proposed to restore the environmental and aesthetic benefits previously provided by on- site vegetation. C. Professional review or recommendation Submittal of, or agreement to submit, a review, evaluation, recommendation or plan related to vegetation clearing or replacement prepared by a professional consultant(s), such as a landscape architect or certified arborist. Services may include, but are not limited to: 1. Providing a written evaluation of the anticipated effects of proposed construction on the viability of trees on site; and /or 2. Developing plans for, supervising, and /or monitoring implementation of any required tree protection or replacement measures; and /or 3. Post construction site inspection and evaluation. D. Sensitive Area Mitiaation Plan Identify measures proposed for mitigation of vegetation clearing in a sensitive area and /or its buffer per the Sensitive Areas Ordinance. E. Time schedule Proposed time schedule of vegetation removal, relocation and /or replacement, and other construction activities which may affect on -site vegetation. F. Additional studies and conditions The Director may require supplemental studies or other documentation, or specify conditions for work, at any stage of the application or project as he /she may deem necessary to ensure the proposal's compliance with requirements of this Ordinance or to protect public or private property. These conditions may include, but are not limited to: hours or seasons within which work may be conducted, or specific work methods. 3.5 APPLICATION FEE A. A non refundable permit application fee will be collected at the time of submittal of a Tree Removal Permit application. The application fee will provide for the cost of: plan review; administration and management of the permitting 1/12/93 Page 7 3.4 WAIVER TO PERMIT MATERIALS The Director may waive the requirement for any or all plans or permit materials upon finding that the information on the application is sufficient to demonstrate that the proposed work will meet the approval criteria under Section 3.8 and other City ordinances. Such waiver of a requirement for permit materials shall not be construed as waiving any other requirements of this or related regulations. process; inspections; and processing of exceptions to standards and appeals pursuant to this Ordinance. The application fee shall be established, and may be amended, by the City Council. B. FEE EXCEPTION: No fee shall be required for vegetation clearing associated with land altering activity approved under a Land Altering Permit. 3.6 INSURANCE A. In addition to any conditions specified pursuant to Section 3.3, if in the opinion of Director the nature of the work is such that it may create a hazard to human life or endanger adjoining property, then the Director may require the applicant to submit a certificate of insurance. B. The certificate must show that the applicant is insured against claims of damages involving personal injuries and property in an amount prescribed by the Director in accordance with the nature of the risks involved and the following minimum amounts: 1. Bodily injury liability: $1 million per occurrence. 2. Property damage liability: $1 million per occurrence. C. All insurance policies obtained in accordance with these provisions shall name the City of Tukwila as an "additional insured" and shall be written by a company licensed to do business in the State of Washington. 3.7 SECURITY To mitigate damages should they occur as a result of clearing which is not authorized by a Tree Clearing Permit, the Director may require from the applicant a bond, letter of credit, or other means of security acceptable to the City. The following provisions shall apply in instances where such securities are required: a. The required security shall be submitted prior to the issuance of a Tree Clearing Permit. b. The security shall be equal to City Staff's best estimate of possible costs directly associated with replacement of cleared vegetation which has not been authorized to be cleared under a Tree Clearing Permit (e.g. the replacement of vegetation approved for retention, or the installation of replacement plantings which the applicant has failed to install as required). In no case shall the security exceed an amount equal to 2.5 times the current cost of replacement plants. 1/12/93 Page 8 c. The security shall not be fully released without final inspection and approval of completed work by the City, submittal of any post construction evaluations or following any prescribed trial maintenance period required in the Permit. d. Securities provided in accordance with this Ordinance may be redeemed in whole or in part by the City of Tukwila upon determination by the Director that the applicant has failed to fully comply, within the time specified, with approved plans and /or any remedial or enforcement actions mandated in accordance with this Ordinance. 1/12/93 Page 9 3.8 PERMIT APPROVAL CRITERIA: To the extent that vegetation retention and /or replacement is consistent with project feasibility or reasonable use of the property, vegetation clearing shall be planned and conducted to meet all of the criteria below. These criteria shall be the basis for approval, approval with conditions or denial of any tree clearing included in a Tree Clearing Permit application; A. CANOPY COVER At project completion, the site shall have a vegetation canopy, dominated by trees, which meets the following minimum requirements: 1. For sites with an existing canopy cover of twenty percent (20 or greater of the site area, final canopy cover shall be a minimum of twenty percent (20 of the site area. 2. For sites with an existing canopy cover of less than twenty percent (20 of the site area, the final canopy cover shall be the same as the existing canopy cover. 3. To meet the requirements for final canopy cover, or to otherwise mitigate the effects of vegetation removal, final canopy cover may consist of any combination existing trees and replacement trees. B. TREE RETENTION In meeting the minimum requirements for final canopy coverage, site improvements shall be designed and constructed to meet the following criteria: 1. Priority shall be given to retention of existing stands of trees, trees in landscape buffer areas, trees along the shoreline, and healthy mature trees. 2. All understory vegetation within the essential root zone of protected trees shall be: a) retained; OR b) removed by manual methods which are non damaging to the tree, and replaced with plants of similar species and numbers. 3. Vegetation removal shall be undertaken in such a manner as to preserve, to the degree possible, the aesthetic and ecological benefits provided by vegetation. C. TREE PROTECTION MEASURES 1. The proposal shall include sufficient protection measures to ensure viability of protected trees and other vegetation identified for retention pursuant to Section 3.8 (A) and (B), and to protect any Sensitive Area and its Buffer. Tree protection measures shall meet or exceed current standards of professional arboriculture and provide a reasonable level of protection for trees /vegetation identified for retention. 2. All protected trees and vegetation, and all Sensitive Areas and Sensitive Areas Buffers shall be surrounded by protective fencing which prevents adverse impacts associated with clearing from intruding upon such Sensitive Area and its Buffer. D. TREE REPLACEMENT Prior to any vegetation removal, the applicant shall demonstrate through a Landscape Plan, Sensitive Area Mitigation Plan or other materials required per Section 3.3 that tree replacement will meet the following minimum standards: 1. Minimum sizes shall be: 2 -1/2 -inch caliper for deciduous trees, 6 to 8 feet in height for evergreen trees, 24 inches in height for shrubs, and 1 gallon for groundcover. 2. Replacement plants shall meet current American Association of Nurserymen standards for nursery stock; 3. Planting and maintenance of required replacement vegetation shall be in accordance with best management practices for landsaping which ensure the vegetation's long -term health and survival. E. SURROUNDING ENVIRONMENT The timing of, and methods to be used in any proposed vegetation removal shall be such that impacts to protected vegetation, wildlife, fisheries and the surrounding environment are minimized. 1/12/93 Page 10 F. TREE RELOCATION Tree relocation shall be carried out according to best management practices, and trees proposed for relocation shall have a reasonable chance of survival. 3.9 EXCEPTIONS A. The Director may grant exceptions from the requirements of this ordinance when undue hardship may be created by strict compliance with the provisions of this ordinance. Any authorization for exception may prescribe conditions deemed necessary or desirable for the public interest, or necessary to meet the intent of this Ordinance. B. An exception to this Ordinance shall not be granted unless all of the following criteria are met: 1. Strict compliance with the provisions of this code may jeopardize project feasibility or reasonable use of property. 2. Proposed vegetation removal, replacement, and any mitigative measures proposed, are consistent with the purpose and intent of this Ordinance given in Section 1.2. 3. The granting of the exception or standard reduction will not be detrimental to the public welfare or injurious to other property in the vicinity. C. In addition to the above criteria, the Director may also consider any of the following as a basis for granting an exception request: 1. The recommendation of a certified arborist supports the exception. 2. Off -site tree planting may be considered in evaluating an exception, where such planting furthers the goals of this Ordinance and other City policies. 1/12/93 Page 11 D. EXCEPTION PROCEDURES An application for any exception from this ordinance shall be submitted in writing by the property owner to the Director, and shall accompany the application for a Tree Removal Permit. Such application shall fully state all substantiating facts and evidence pertinent to the exception request, and include supporting maps or plans. The Director shall not grant an exception unless and until sufficient reasons justifying the exception are provided by the applicant. 3.10 PERMIT PROCESSING AND DURATION A. If the proposed vegetation clearing and permit application meet the requirements of Sections 3.3 through 3.9, the Director shall approve the application and issue the Tree Clearing Permit. B. If the Tree Clearing Permit application is not approved, the Director shall inform the applicant in writing of the reasons for disapproval. C. From the date of issuance, permits shall be valid for a period of 180 days. 3.11 PERMIT CONFORMANCE A. PLAN CONFORMANCE All work must be performed in accordance with approved Permit plans specified in Section 3.3 or revised plans as may be determined by the Director. The applicant shall obtain permission in writing from the Director prior to modifying approved plans. B. TREE PROTECTION MEASURES All tree and vegetation protection measures shown on approved permit drawings shall be installed prior to initiation of any clearing or land altering activity. C. PROTECTION OF PROPERTY The applicant shall at all times protect improvements to adjacent private properties and public right -of -ways or easements from damage during clearing. The applicant shall restore to the standards in effect at the time of the issuance of the permit any public or private improvements damaged by the applicant's operations. D. MAINTENANCE RESPONSIBILITY All protected and replacement trees and vegetation shown in approved Tree Clearing Permit materials shall be maintained in good condition by the site's property owner throughout the life of the project. 1/12/93 Page 12 SECTION IV. VIOLATIONS AND ENFORCEMENT 4.1 VIOLATIONS The following clearing actions shall be considered violations of this Ordinance: 1. Clearing not authorized under a Tree Clearing Permit where such permit is required by this Ordinance. 2. Clearing not in accordance with the plans, conditions, or other requirements in an approved Tree Clearing Permit. 4.2 ENFORCEMENT The Director may take any or all of the enforcement actions prescribed in this Ordinance to ensure compliance with, and /or remedy a violation of this Ordinance; and /or when immediate danger exists to the public or adjacent property, as determined by the Director. A. The Director may post the site with a "Stop Work" order directing that all vegetation clearing not authorized under a Tree Clearing Permit cease immediately. The issuance of a "Stop Work" order may include conditions or other requirements which must be fulfilled before clearing may resume. B. The Director may, after written notice is given to the applicant, OR after the site has been posted with a "Stop Work" order, suspend or revoke any Any Tree Clearing Permit issued by the City. C. No person shall continue clearing in an area covered by a Stop Work order, or during the suspension or revocation of a Tree Clearing Permit, except work required to correct an imminent safety hazard as prescribed by the Director. D. INSPECTION ACCESS 1. For the purpose of inspection for compliance with the provisions of a permit or this Ordinance, authorized representatives of the Director may enter all sites for which a Tree Clearing Permit has been issued. 2. Where deemed necessary by the Director to ensure compliance with Permit requirements, upon completion of all requirements of a Tree Clearing Permit, the applicant shall request a final inspection by contacting the Director. The permit process is complete upon final approval by the Director. 1/12/93 Page 13 G. REMEDIAL MEASURES REQUIRED In addition to penalties provided for in Section 5.2, the Director may require any person conducting vegetation clearing in violation of this Ordinance to mitigate the impacts of clearing by carrying out remedial measures. The following provisions shall apply in instances where such remedial measures are required: 1. The applicant shall satisfy the permit provisions as specified in Sections 3.1 through 3.7. 2. Remedial measures must conform to the purposes and intent of this Ordinance. In addition, remedial measures must meet the standards specified in Sections 3.8, 3.10, and 3.11, applicable standards for mitigation outlined in the Sensitive Areas Ordinance. 3. The cost of any remedial measures necessary to correct violation(s) of this Ordinance shall be borne by the property owner and /or applicant. Upon the applicant's failure to implement required remedial measures, the Director may redeem all or any portion of any security submitted by the applicant to implement such remedial measures, pursuant to the provisions of Section 3.7. SECTION V. GENERAL ADMINISTRATIVE PROVISIONS 5.1 LIABILITY. A. Liability for any adverse impacts or damages resulting from work performed in accordance with a Tree Removal Permit issued on behalf of the City within the City limits, shall be the sole responsibility of the owner of the site for which the Permit was issued. B. Issuance of a Tree Clearing Permit and /or compliance with Permit provisions or conditions shall not relieve an applicant from any responsibility otherwise imposed by law for damage to persons or property in an amount greater than the insured amount required under Section 3.6. C. Nothing contained in this Ordinance shall be deemed to relieve any property owner within the City limits from the duty to keep any tree or vegetation upon his property or under his control in such condition as to prevent it from constituting a hazard, or a nuisance per TMC Chapter 8.28. D. The amount of any security shall not serve as a gauge or limit to the compensation collected from a property owner as a result of damages associated with any vegetation clearing. 1/12/93 Page 14 5.2 PENALTIES The following penalties shall be applied in whole or in part for the violation of permit conditions contained in this Ordinance or the failure to obtain permits required for activities regulated by this Ordinance. All remedies shall be considered cumulative and in addition to any other lawful action. In a prosecution under this Ordinance, each day that a violation of this Ordinance is committed or permitted to continue, and each tree removed shall constitute a separate offense to which the penalties set forth below shall apply. Any person who knowingly or willfully violates any provision of this Ordinance, or any rule or other adopted or issued regulations pursuant to this Ordinance, who knowingly or willfully initiates or continues any activity for which a Tree Clearing Permit is required, except in accordance with the terms, conditions, and provisions of an approved plan, shall be guilty of a misdemeanor punishable by imprisonment not to exceed 90 days or by a fine not to exceed $5,000, or both, at the discretion of the court. It shall not be a defense to the prosecution for failure to obtain a permit required for this Ordinance, that a contractor, subcontractor, person with responsibility on the site, or person authorizing or directing the work, erroneously believed a permit had been issued to the property owner or any other person. 5.3 INJUNCTIVE RELIEF. A. Whenever the governing body has reasonable cause to believe that any person is violating or threatening to violate this Ordinance or any rule or other provisions adopted or issued pursuant to this Ordinance, it may either before or after the institution of any other action or proceeding authorized by this Ordinance, institute a civil action in the name of the City for injunctive relief to restrain the violation or threatened violation. Such action shall be brought in King County Superior Court. B. The institution of an action for injunctive relief under this section shall not relieve any party to such proceedings from any civil or criminal penalty prescribed for violations of this Ordinance. 5.4 ABATEMENT. Any vegetation clearing performed in violation of this Ordinance or any lawful order or requirement of the Director pursuant to this Ordinance, shall be deemed to be a public nuisance and may be abated in the manner provided by the Tukwila Municipal Code 8.28.220. 5.5 APPEALS Any person aggrieved by a decision of the Director to approve, disapprove or condition a properly filed application for a Tree Clearing Permit, revocation or suspension of a Tree Clearing Permit, or an alleged failure to properly enforce the Ordinance in regard to a specific application, may appeal that decision to the Tukwila Board of Adjustment. Any such appeal shall be 1/12/93 Page 15 made in writing to the Director within fifteen (15) days of the Director's decision and shall state the reasons for the appeal. A review of the appeal shall be scheduled for a regular meeting of the Board of Adjustment not later than 30 days from the date the appeal is filed. After a review hearing, the Board of Adjustment shall file with the Director a written decision affirming, denying, or modifying the decision of the Director. The decision of the Board of Adjustment shall be final and conclusive unless the original applicant or an adverse party makes application to the Superior Court of King County for a writ of certiorari, a writ of prohibition, or a writ of mandamus within forty days of the final decision of the Board of Adjustment. 5.6 OTHER LAWS A. Whenever conflicts exist between this Ordinance and federal, state or local laws, ordinances or regulations, the more restrictive provisions shall apply. B. Neither this Ordinance nor any administrative decisions made under it exempts the permittee from procuring other required permits or complying with the requirements and conditions of such a permit. SECTION VI. SEVERABILITY 1/12/93 Page 16 If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of this Ordinance as a whole, or any other section, provision, or part thereof not adjudicated to be invalid or unconstitutional and its application to other persons or circumstances shall not be affected. CITY OF TUKWILA SUMMARY OF ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ADOPTING INTERIM STANDARDS FOR TREE CLEARING AND PLANTING, PROVIDING FOR SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE. On the City Council of the City of Tukwila passed Ordinance No. /(p establishing interim minimum desired standards for vegetation clearing and planting until a comprehensive tree ordinance is adopted, providing for severability, and setting an effective date. The full text of this ordinance will be mailed without charge to anyone who submits a written request to the City Clerk of the City of Tukwila for a copy of the text. APPROVED by the City Council at its meeting of Published Seattle Times A `f --9 3 ck „<,e_ e cline E. Cantu, City Clerk