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1 1: <br /> -Ore e <br /> IN <br /> HAMMITT Bob <br /> From: MILLER Marsha A <br /> To: MEDLIN Johnny R <br /> Cc: BELLMORE Mike; FORSTLER Kevin J; HAMMITT Bob; PLAMONDON Scott F; LYLE <br /> Les A; CHILDS Jan W; MCKERROW Mike J <br /> Subject: RE: Hunter's Glen <br /> Date: Tuesday, July 23, 1996 5:27PM <br /> I understand that you did take enforcement action on the other part of this project. Is that accurate? How <br /> did that occur, through Municipal Court? If we can impose a civil penalty per tree that would be much <br /> more effective. I think we need to revise the Code. Thanks. <br /> From: MEDLIN Johnny R <br /> To: MILLER Marsha A <br /> Cc: BELLMORE Mike; FOERSTLER Kevin J; HAMMITT Bob; PLAMONDON Scott F; LYLE Les A; <br /> CHILDS Jan W; MCKERROW Mike J <br /> Subject: RE: Hunter's Glen <br /> Date: Monday, July 22, 1996 12:21 PM <br /> Hi Marsha, <br /> I don't see us as being the proper agency to take enforcement action. <br /> PWM has two enforcement strategies we have used when it is a <br /> violation of Chapter 6. (I think in this instance the possible <br /> violation is in Chapter 9 which historically we haven't been <br /> involved.) <br /> 1. We have been using the Administrative civil penalty <br /> (2.018) which is the same one I believe you use. I think we <br /> interpret the fine to be on a per tree basis and not on a <br /> total occurrence basis. Usually up to a couple hundred per <br /> tree. <br /> 2. Municipal court action under Chapter 6 allows up to $4,000 <br /> a tree when proved in a court case. However, it specifically <br /> references violation of Chapter 6.300 -330. <br /> PUD's are specifically listed as exempt from the Chapter <br /> 6.300 -330 language. You may want to ask Glen Klein for an <br /> opinion on options. <br /> I suspect what might be the best strategy is to try to use <br /> your administrative rules, apply them to a per tree basis for <br /> a one day occurrance and go from there. I don't know if that <br /> would be possible or not. <br /> I'II be happy to have my staff assist, but feel Planning and <br /> your staff are lead on enforcement of tree issues in a PUD. <br /> (until or if we make other agreements for the future.) <br /> Thanks <br /> Johnny <br /> From: MILLER Marsha A <br /> To: MEDLIN Johnny R <br /> Cc: MCKERROW Mike J <br /> Subject: FW: Hunter's Glen <br /> Date: Monday, July 22, 1996 9:12AM <br /> If it turns out that they have in fact cut much more than they <br /> were allowed in the PUD plan or the tree cutting plan (future) <br /> Page 1 <br /> • <br />