HomeMy WebLinkAbout2916 S. Peabody St - Nuisance (2)October 10, 2003
Mr. Jay Pressley
2920 So. Peabody
Port Angeles, WA 98362
Re: City v. Cur
Dear Mr. Pressley:
As you know, this file was handed to me to handle on behalf of the City of Port Angeles.
I have reviewed the file, and made two visits to your property to check out the situation,
and to talk with you
My involvement is or was limited to a criminal action against the Curtos. That would
entail taking this matter before a jury, and having it unanimously determined beyond a
reasonable doubt that the Curtos would be found guilty of willful violation of a proper
ordinance.
After review the situation, your complaints, and the cutting that has taken place, I have
made the decision to dismiss this case. I do not feel it merits the time and expense it
would take to prosecute this case, especially given that I do not feel a jury would convict
them. In other words, it would be a waste of time, and be a pronounced victory for the
Curtos, which may entrench them should this same matter be brought up in the future.
One reason for the dismissal is that because of the pressure they got from the city, they
did, as you mentioned, do some substantial cutting, so this has not been for naught.
Next, in your message to me, as when 1 spoke with you, your focus seems to be more on
matters that the city has nothing to do with. You are concerned that his bushes grow out
horizontally into your air space. You are concerned that he has left cuttings on your
property.
You may be able to get legal relief in those areas, but that would be through a private,
civil action against the Curtos. You may wish to contact a private attorney to discuss
that, and to discuss other boundary encroachments you have mentioned to me.
St -rn C. Gish
STEVEN C. GISH
ATTORNEY AT LAW
408 E_ 5 St-
PORT ANGELES, WA 98362
PH: (360) 457 -7391 FAX_ (360) 457 -7393
Y aGQ S 17 L' 7J
OCT 1 3 2003
CITY OF
MEMO
DEPARTMENT OF
COMMUNITY
DEVELOPMENT
Brad Collins
Director
417 -4751
Sue Roberds
Assistant Planner
417 -4750
Scott Johns
Associate Planner
417 -4752
Lou Haehnlen
Building Official
417 -4816
Roger Vess
Permit Technician
CSW Coordinator
417 -4712
PORTANGELES
W A S H I N G T O N U.S.A.
December 13, 2002
TO: Craig Knutson, City Attorney
FROM: Sue Roberds, Assistant Planner
RE: CURTO Zoning Enforcement
In September, 2002, a memorandum was sent to your department outlining a zoning
enforcement issue and asking that enforcement action be taken in the Curto/Pressley
issue, 2916 South Peabody Street. As we have not heard how the enforcement is
proceeding as yet, would you please provide an update of the matter at your earliest
convenience.
Thank you.
f
Sue Roberds, sistant Planner
NOTE TO FILE:
February 21, 2003 received a phone message from Dennis
Dickson who said that the City Attorney's office has filed
a complaint regarding the Curto hedge. Mr. Curto is working
with the City through his attorney.
W A S H I N G T O N U.S.A.
DEPARTMENT OF COMMUNITY DEVELOPMENT
Date: September 17, 2002
To: Craig D. Knutson, City Attorney
From: Sue Roberds, Assistant Planner
RE: Curto /Pressley Complaint
2916 South Peabody Street
On August 15, 2002, a letter was sent to Mr. Dan Curto recapping the concerns regarding the past hedge
complaints on his property at 2916 South Peabody Street and asking him to choose a method of
compliance that would bring the hedge into compliance no later than August 30, 2002. No return
communication was made by Mr. Curto. I spoke to Mr. Pressley on September 11t and told him that I
would perform a site investigation by the end of the week and that I would be forwarding a report to your
office for review and action if compliance had not been reached. Mr. Pressley said he was mostly
concerned at this point as to the encroachment of the hedge onto his property as he is getting ready to
construct a fence and will have to do quite a bit of trimming to get the vegetation off the property line.
I told him that the encroachment onto his property is not a zoning issue but is a civil matter between he
and Mr. Curto. The City will only be pursuing the height and separation issues.
On September 13, 2002, I did a site investigation and observed that it appeared some trimming was done
on Mr. Curto's side of the hedge which did not result in compliance with the City's Zoning Ordinance.
There was no sign that the hedge was being trimmed relative to height but only perhaps cosmetically.
A pile of clippings was evident but they may not have been the result of hedge trimming. It was not
apparent that any height had been removed or separation made.
Therefore, I am forwarding a copy of my August 15, 2002, correspondence to Mr. Curto to you. I am
aware that your files contain previous communications with Messrs. Pressley and Curto. Although the
August 15, 2002, letter to Mr. Curto was not sent certified mail, it was not returned, so it is believed to
have been received. Due to the inaction on the part of Mr. Curto, the Department is requesting that
enforcement be commenced at this time.
If I can be of further assistance in this matter, please don't hesitate to ask.
Sue Roberds, Ass stant Planner
Attachment
MEMO
CITY ATTORNEY
Craig Knutson
City Attorney
[4531]
Dennis Dickson
Sr. Assistant City
Attorney
[4532]
Candace Kathol
Legal Assistant
[4576]
Diana Lusby
Legal Administrative
Assistant
[4530]
Jeanie DeFrang
Legal Administrative
Assistant
[4530]
Teresa Pierce
Legal Records Specialist
[4576]
pORT NGELES
Date:
To:
From:
Re:
W A S H I N G T O N U.S.A.
September 16, 2002
Department of Community Development
City Attorney
Jay Pressley Complaint About Curto Hedge at 2916 S. Peabody
Street
I had a phone call from Mr. Pressley inquiring as to the status of the Curto's
compliance with the zoning regulations as applied to their hedge adjacent to Mr.
Pressley's property. Mr. Pressley was apparently concerned that the August 30
deadline that you gave Mr. and Mrs. Curto in your August 15, 2002 letter has
passed without any compliance. Could you respond to Mr. Pressley with regard
to the status of this matter?
Thank you for your assistance.
Craig D. Knu on
City Attorney
CDK:dl
C:\ DDOCS \DMEMOkk DeptCommDevelop -1.wpd
SEP t 7 20e2
CITY OF PORT ANGELES
COMMUNITY DEVELOPMENT
J
W A S H I N G T O N U.S.A.
DEPARTMENT OF COMMUNITY DEVELOPMENT
August 15, 2002
Mr. and Mrs. Dan Curto
2916 South Peabody Street
Port Angeles, WA 98362
Re: 2916 South Peabody Street Hedge Trimming
Dear Mr. and Mrs. Curto:
During the past year and one -half, City staff have had several conversations with you regarding
the need to either trim the hedge located along the southern edge of your property to no more
than six (6') feet from ground level; separate the plantings by a distance of no less than six (6')
from each other; or move the hedge into the seven (7') foot interior setback line. Although staff
have tried to answer your questions and have responded to your Attorney Karen Unger in her
attempt to advise you, the hedge remains in basically the same state it was in during the summer
of 2000 and in some instances has grown from the minimal trimming you did in 2001. The City
has been informed that the overheight hedge violation still exists.
Because we are sure that you are aware of past conversation and direction as to what constitutes
a legal situation and what does not, and because we do have a complaint on record, this letter
is to advise you that the hedge must be maintained in a legal manner no later than August 30,
2002, or the City will begin enforcement proceedings. Due to past communications regarding
the situation, we are certain that you know what needs to be done at this point to bring the hedge
into compliance.
If you need to discuss your maintenance schedule with staff, please don't hesitate to contact Sue
Roberds at 417 -4750, however, maintenance must be done prior to August 30, 2002. If you
have concerns that any of the information presented in this letter is incorrect, please contact
Brad Collins at 417 -4751.
Sincerely,
Sue Roberds
Assistant Planner
cc: City Attorney
321 EAST FIFTH STREET PO BOX 1 150 PORT ANGELES, WA 98362 -3206
PHONE: 360- 417 -4750 FAX: 360-417-4711 TTY: 360- 417 -4645
E MAIL: PLANNING @CI.PORT ANGELES.WA.US OR PERMITS @CI.PORT ANGELES.WA.US
0
PORTANGELES
cc: Sue Roberds, Assistant Planner
W A S H I N G T O N U.S.A.
DEPARTMENT OF COMMUNITY DEVEL
Date: August 9, 2002
To: Craig Knutson, City Attorney
From: Brad Collins, Community Development Director
Subject: Jay Pressley Complaint, 2920 S. Peabody St.
ECEEIWE
OP1iIENT
AUG 1 2 2002
CITY OF PORT ANGELES
COMMUNITY DEVELOPMENT
I met with Mr. Pressley today at his property and investigated the hedge complaint regarding his
neighbor's property on the north side of Mr. Pressley's property. The hedge is grown together for most of
this property line and is well in excess of six feet in height. We have communicated on numerous occasions
over the past two plus years with the neighbor Mr. Curto, who has said that he would comply with the City's
zoning requirements but has not maintained the hedge.
DCD will send another letter to Mr. Curto citing the Zoning Code and his failure to meet the
maintenance requirements. It is my opinion that Mr. Curto is not cooperating and that his repeated failures
to maintain his hedge will require prosecution. Sue will send you a copy of our new correspondence to Mr.
Curto when it is mailed to him.
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cc: Sue Roberds, Assistant Planner
W A S H I N G T O N U.S.A.
DEPARTMENT OF COMMUNITY DEVELOPMENT
Date: August 9, 2002
To: Craig Knutson, City Attorney
From: Brad Collins, Community Development Director
Subject: Jay Pressley Complaint, 2920 S. Peabody St.
I met with Mr. Pressley today at his property and investigated the hedge complaint regarding his
neighbor's property on the north side of Mr. Pressley's property. The hedge is grown together for most of
this property line and is well in excess of six feet in height. We have communicated on numerous occasions
over the past two plus years with the neighbor Mr. Curto, who has said that he would comply with the City's
zoning requirements but has not maintained the hedge.
DCD will send another letter to Mr. Curto citing the Zoning Code and his failure to meet the
maintenance requirements. It is my opinion that Mr. Curto is not cooperating and that his repeated failures
to maintain his hedge will require prosecution. Sue will send you a copy of our new correspondence to Mr.
Curto when it is mailed to him.
MEMO
CITY ATTORNEY
Craig Knutson
City Attorney
[4531]
Dennis Dickson
Sr. Assistant City
Attorney
[4532]
Candace Kathol
Legal Assistant
[4576]
Jeanie DeFrang
Legal Administrative
Assistant
[4530]
Diana Lusby
Legal Administrative
Assistant
[4530]
Teresa Pierce
Legal Records Specialist
[4576]
PORT NGELES
W A S H I N G T O N U.S.A.
Date:
To:
From:
Re:
Today, I had a phone call from Jay Pressley regarding the on -going situation
involving a "hedge" on the property of his neighbors, Dan and Karen Curto. Mr.
Pressley stated that it has been approximately one year since Mr. Curto did some
removal of vegetation along the property line, apparently in response to
correspondence from the City. According to Mr. Pressley, the hedge is now
grown over onto his property again. I told him that I would contact your
department to have the situation investigated and that someone would contact him
within a week to let him know what action, if any, the City will take in response
to his current complaint. Please have someone from your Department contact Mr.
Pressley to view the situation and let me know what you recommend doing about
it. Thank you for your assistance.
Craig D. Knuts
City Attorney
CDK:jd
C: \jmemock- Collins.wpd
July 29, 2002
Brad Collins, Director of Community Development
Craig D. Knutson, City Attorney
Jay Pressley Complaint, 2920 South Peabody
CEfiWE
ny
L JUL 3 0 2002
I
CITY OF PORT ANGELES
COMMUNITY DEVELOPMENT
P
W A S H I N G T O N U.S.A.
CITY ATTORNEY
November 20, 2001
Karen L. Unger, P.S.
Attorney at Law
332 E. 5th Street
Port Angeles, WA 98362
Re: Dan and Karen Curto 2916 South Peabody Street
Dear Ms. Unger:
This is in response to your September 4, 2001 letter regarding the City's communication with your
clients Dan and Karen Curto to bring their hedge into compliance with the City's Zoning Code.
After receiving your letter, I requested the City's Department of Community Development to
respond to the statements that you relayed from your clients. Based on your letter and the
information I received from City staff, it appears that the City has provided the Curto's with
several options for bringing the hedge into compliance. It also appears from your letter that the
Curto's either misunderstood some of the City's directives or were confused by the different
options that they were presented with. If you would like, I could explain to you how the specific
recollections of City staff differ from your clients' recollections. However, I don't think that
resolving how the miscommunication occurred would be particularly productive at this point. I
think the important thing now is to make it clear to your clients what their options are, so that they
can bring the hedge into compliance soon. Otherwise, the City will have to pursue enforcement
action in court. Accordingly, I will attempt to set forth the options clearly. They are as follows:
1. In order for the row of plantings to not constitute a "hedge" as defined by PAMC
17.08.45(H), there needs to be a space between each plant so that they do not "form a
thicket and an unbroken line
2. In order for the plantings to remain as a hedge, with the plants growing together, the height
of the hedge cannot exceed six feet. PAMC 17.94.140. However, the Director of
Community Development's interpretation does allow for individual trees to extend above
six feet as long as there are at least six foot long separations between any trees that are
higher than the hedge.
3. In order for the plantings to not be regulated by the Zoning Code at all, they could be
moved outside the seven foot set back that the RS -7 zone provides for side yard areas.
PAMC 17.10.050A.
Please let me know whether you and your clients understand these options or need to discuss them
further. Also, please let me know if your clients will be bringing the hedge into compliance right
321 EAST FIFTH STREET P. 0. BOX 1 150 PORT ANGELES, WA 98362 -0217
PHONE: 360 417 -4530 FAX: 360 417 -4529 TTY: 360 417 -4645
E -MAIL: ATTORNEY(a;CI .PORT- ANGELES.WA.US
g
Karen L. Unger, P.S.
Re: Dan and Karen Curto
November 19, 2001
Page 2 of 2
away in order to avoid enforcement action by the City. Thank you for your cooperation in
resolving this matter.
Very truly yours,
Craig D. tson,
City Attorney
cc: Brad Collins, Director of Community Development
CDK:jd
MEMO
DEPARTMENT OF
COMMUNITY
DEVELOPMENT
Brad Collins,
Director
417 -4751
Sue Roberds,
Planning Specialist
417 -4750
Debra Barnes,
Associate Planner
417 -4752
Lou Haehnlen
Building Official
417 -4816
Roger Vess
Permit Technician
417 -4815
PORTANGE LES
W A S H I N G T O N U.S. A.
Date: November 5, 2001
To: Craig Knutson, City Attorney
From: Brad Collins, Community Development Director
Subject: Curto Hedge Zoning Violation and Unger Letter
The Department's hegde trimming interpretation was expanded in response
to Mr. Curto's inability to understand and accomplish what different staff people
had tried to get him to do, which was to trim and/or separate his hedge. The
August 22 interpretation was sent to Mr. Curto by me at Sue's request, and the
primary purpose of that particular interpretation was to make an interpretation that
could not be misunderstood by Mr. Curto. No one in our department has ever felt
Mr. Curto accomplished any of the hedge trimming/separation choices that he was
given, which included the one foot separation for each tree and shrub which Sue
and Roger gave him.
Regardless of Mr. Curto's past misunderstandings, his hedge needs to be
trimmed and/or separated to comply with PAMC 17.94.140. We are not trying to
punish the Curtos for past failure to trim the hedge. We are only trying to clarify in
the August 22 interpretation what would meet the requirements of PAMC
17.94.140. If he would prefer to simply cut and maintain the entire hedge at six
feet in height without the nuances of the August 22 interpretation or the one -foot
separation for each tree and shrub interpretation of Sue and Roger, both these
interpretations gave him some leeway, that could be easily accomplished. If the
City Attorney would prefer that we require all hedges to be cut and maintained at
six feet in height and leave it to the DCD staff to decide what is a hedge without
specified measurements as provided in the August 22 interpretation, that could also
be easily accomplished by eliminating that interpretation. The fact will remain that
Mr. Curto has a hedge that is more than six feet in height.
Please advise us about what to do with the August 22 interpretation, which
is the only written interpretation that we have on specified measurements for
trimming and separating hedges. Sue's and Roger's interpretation of separating
each tree and shrub was a way to avoid creating a hedge by definition, not an
interpretation of trimming and maintaining a hedge per se.
cc: Interpretation File
MEMO
CITY ATTORNEY
Craig Knutson
City Attorney
[4531]
Dennis Dickson
Sr. Assistant City
Attorney
[4532]
Candace Kathol
Legal Assistant
[4576]
Jeanie DeFrang
Legal Administrative
Assistant
[4530]
Diana Lusby
Legal Administrative
Assistant
[4530]
Teresa Pierce
Legal Records Specialist
[4576]
W A S H I N G T O N U.S.A.
Date:
To:
From:
Re:
This is in response to your October 17, 2001, memorandum to me regarding the
above referenced matter. After reviewing your memo, I am still concerned about
the lack of clarity with regard to your Department's interpretation of the zoning
code's requirement that hedges be maintained to a maximum height of six feet
within the building set back areas, as set forth in PAMC 17.94.140. When and
how did you come up with the interpretation that there need to be six foot breaks
in hedges above the six foot height level?
I am also concerned about your statement that "in summer 2001 Sue and Roger
apparently told Mr. Curto that the separation of one foot was necessary wherever
the bushes or trees exceed six feet in height." This conflicts with the August 22,
2001 final interpretation to the effect that a six foot separation is necessary.
According to Sue Roberds' October 16, 2001 memo to you, the written
interpretation was not provided to Mr. Curto. This is consistent with what his
attorney Karen Unger also stated in her September 4, 2001 letter to me, in which
she apparently mistook the written interpretation for an ordinance that her client
was trying to get from your Department. Have the Curtos ever been provided
with the final written interpretation? If not, don't you think they should be
provided a copy along with the opportunity to comply with a different
interpretation from what they had previously been provided?
CDK: j d
Craig D. Kn
City Attorney
C: \j memo \ck -Co I Iins.wpd
October 24, 2001
Brad Collins, Director of Community Development
Craig D. Knutson, City Attorney
Curto Hedge Zoning Violation and Unger Letter
ECEOdE
OCT 252001 I/_
COMMUNITY DEVELOPMENT
MEMO
DEPARTMENT OF
COMMUNITY
DEVELOPMENT
Brad Collins,
Director
417 -4751
Sue Roberds,
Planning Specialist
417 -4750
Debra Barnes,
Associate Planner
417 -4752
Lou Haelmlen
Building Official
417 -4816
Roger Vess
Permit Technician
417 -4815
PORTANGELES
W A S H I N G T O N U.S.A.
Date: October 17, 2001
To: Craig Knutson, City Attorney
From: Brad Collins, Community Development Director
Subject: Curto Hedge Zoning Violation and Unger Letter
Attached you will find each of the Community Development staff person's
version of what has taken place and what has been communicated. For the most
part, Mr. Curto has either not followed through on what he said he would do or has
not cooperated in our various attempts to gain his compliance. The bottom line is
that his hedge exceeds six feet in height and has not been trimmed to the
satisfaction of any City inspection. The fact that the matter went away last winter
is more a result of an understanding that Mr. Pressley did not continue to have a
problem, which is not the case now. I (not Lou as Karen Unger states) did visit the
site last year (Summer 2000) and had a clear understanding with Mr. Curto about
trimming the hedge in a manner that would separate the bushes and trees,
particularly near the windows in Mr. Pressley's house to help with view concerns.
Although Mr. Curto did not seem to want to do what Mr. Pressley asked, I was
under the impression that something was done to satisfy Mr. Pressley's complaint.
Into the 2001 growing season, Mr. Pressley again complained. Staff visited
the site and found that the hedge had grown into a violation again. Maintenance of
the hedge is an ongoing requirement. Staff took pictures and communicated with
Mr. Curto once again with gaining his cooperation. Sue drafted an interpretation
identifying a one foot separation standard (not 6 -10 foot as Karen Unger states),
but given a succession of vacation schedules (first Mr. Curto, then me, and finally
Sue) that interpretation was not made final. The confusion about the separation
standard between the staff and Mr. Curto /Ms. Unger was resolved by the attached
interpretation, which I made final on August 22, 2001. In Summer 2000, I believe
that I told Mr. Curto there would need to be a six foot separation every ten feet or
so and encouraged him to make one such separation near Mr. Pressley's windows.
In Summer 2001, Sue and Roger apparently told Mr. Curto that the separation of
one foot was necessary wherever the bushes or trees exceed six feet in height. The
August 22, 2001, final interpretation expanded on an earlier unwritten interpreta-
tion made in regards to a Mr. Black's complaint about a neighbor's hedge and
because of the history of the Curto's hedge violation.
Curto Hedge Enforcement
October 17, 2001
Page 2
I agree with Sue that Karen Unger's version of the events and
communications is not correct. None of us viewed and approved of any hedge
trimming either in 2000 or 2001. We were never told that the work was done nor
made any inspection upon request to verify compliance. Instead we relied on the
words of both Mr. Curto and Mr. Pressley that they would resolve the complaint
concerns. Because the hedge as pictured continues to be in violation of the six foot
maintenance requirement and Mr. Curto has not done what he has been asked to
do, the matter was sent to Dennis Dickson for legal enforcement. That is where we
stand. Mr. Pressley continues to complain. The staff has informed Mr. Curto what
his responsibilities under the law are without avail. The only expense the Curtos
appear to have incurred is to hire an attorney. The staff cannot verify that they
have ever followed the directives of the City, although Mr. Curto has repeatedly
said that he would. To the contrary, the August 29, 2001, pictures show the
Curto's hedge that has grown over what it was in Summer 2000.
Date:
To:
W A S H I N G T O N U.S.A.
DEPARTMENT OF COMMUNITY DEVELOPMENT
October 16, 2001
Brad Collins, Director
From: Sue Roberds, Planning Specialist
RE: CURTO 2916 South Peabody Street
Following is a chronology of events in the Curto- Pressley issue. The subject hedge is owned by Mr. and
Mrs. Dan Curto, and is located on the south side property line dividing that property (2916 South
Peabody) from Mr. Jay Pressley's property located at 2920 South Peabody Street:
1. June 27, 2000 Mr. Jay Pressley phoned to explain that a hedge existed on his neighbor's
property at 2916 South Peabody that had grown to a solid hedge blocking his view. I explained
that the City does not enforce view issues but that we do have regulations setting standards for
hedges. I asked you to drive by and give me your opinion. A few days later you reported that the
vegetation was indeed an overgrown hedge.
2. July 13, 2000 I wrote to Mr. Curto informing him that "The City's Zoning Ordinance provides
that vegetation planted such that it grows together to form a hedge shall be maintained to a
maximum height of six feet within the RS -7, Residential Single Family zones." I also stated that
the vegetation on his south property line exceeds six feet and must either be trimmed and
maintained to no more than six feet in height or separated such that it is no longer a hedge. I
asked him to contact the Planning Department with a schedule for maintenance of the hedge.
3. Mr. Pressley called several times in the next couple of weeks and stated that he had talked
to Mr Curto about the situation and that while he seemed in favor of trimming the hedge, his wife
was not. The hedge was not trimmed.
4. August 30, 2000 Not having heard from Mr. Curto and after several calls from Mr. Pressley to
various City departments, I again wrote to Mr. Curto reminding him of the July 13 letter and
asked him to contact the Planning Department no later than September 8, 2000 with his intentions
in the matter.
5. September 12, 2000 As we had had no contact with Mr. Curto with regard to a resolution to this
problem, I sent one additional certified letter to the Curtos asking them to "either trim or separate
the hedge and that as we had had no contact with them, I would be referring the situation to the
City
Curio Memorandum
October 16, 2001
Page 2
Attorney's office for further action." The certified receipt was returned as being signed by Mrs.
Curto on September 14, 2001.
6. September 20, 2000 City Attorney Craig Knutson sent a letter to the Curto's identifying the
zoning violation and asking that they contact the Planning Department if they intended to comply
with the zoning code as soon as possible. We were not contacted.
7. October 18, 2000 you met with Mr. Curto on the site and discussed with him the necessary steps
to eliminate the zoning concern. You informed me that we should let that activity occur before
pursuing the matter with the City Attorney. My note indicate that Mr. Pressley was happy with
the situation at this point (E -Mail note of 10/18/00) and that "until the hedge grows together again
there should not be a need to press further." By that note I assume you must have told me that
they had either agreed to some plan of action or that something had been done. I don't have an
answer to that in my file.
8. October 23, 2000 I received a phone call from Mr. Pressley to say that he and Mr. Curto were
working out the problem and that the hedge would be trimmed by November 1, 2000.
9. June 29, 2001 Mr. Pressley stopped in to say that things hadn't worked out with the Curtos and
the hedge had not been trimmed. He had had enough and additionally, rats and snakes are now
infesting in the area where they had not been before, as well as bees. He was sure they were from
the increased vegetation in the hedge. He said he is an old man and not able to deal with the
overgrown vegetation nuisance issues that are being caused and is sure if the hedge is p •perly r. ReSs'167
trimmed things will change. Mr. Curto had cut two small slots in the hedge but as far a• ew
that didn't constitute a hedge. He said Mr. Curto told him that he is not going to trim the hedge.
11. July 6, 2001 Wrote to Mr. Curto.
10. July 2, 2001 I drove by to assure that the neither trimming nor separation had not been done,
took pictures.
12. July 11, 2001 Received phone call from Mr. Curto telling me that he would trim or separate the
vegetation no later than the first week of August, 2001. He was going on vacation and didn't
want to deal with it at the moment. I so informed Mr. Pressley.
13. Jul 2, 2001 In anticipating that an interpretation would be needed on the trimming /separation
issu spoke to you and you told me to do one up. I did, and drafted an interpretation that read
in part "If a hedge is intended to exceed the maximum height of 6' as is the standard set in Section
17.94.140, individual plantings must be separated a minimum distance of one foot to maintain
a logical separation that will fulfil the intent of Sections 17.08.045 "H" PAMC. Such distance will
provide a visual separation which is the intent of the regulation. A lesser distance does not allow
the individual planting to be distinct without constant maintenance Plantings that are maintained
to 6' need not be separated." You apparently did not review this interpretation until much later
R4 A
Curto Memorandum
October 16, 2001
Page 3
14. July 23, 2001 Received an E -Mail from Roger Vess who received an E -Mail note from Ken
Dubuc, Fire Marshal, saying Mr. Pressley had phoned and that he knew Mr. Curto was not going
to comply and was in fact "laughing up his sleeve" at the City.
15. Second week of August, 2001 Sometime during this week I asked Roger Vess to drive by on his
rounds and check the trimming /separation issue. He informed me there was nothing done that
he could see.
16. August 9, 2001 Again wrote to Mr. Curto reminding him of our conversation of July 11"' and
that the maintenance had not been performed. told him that I would be again referring the
matter to the City Attorney for action as the situation was now over a year old.
17. August 9, 2001 referred action to City Attorney by memorandum.
18. August 10, 2001 I am not positive of this date because I did not write it down, but believe it was
the next day that Mr. Curto visited me at the front counter for the first time. He was tense. I told
him that we had done an interpretation on the issue of trimming hedges but that it had not been
officially signed by you and I could not produce it as finaled but explained that
trimming /separation would involve just that either trimming the entire hedge to a height of no
more than six feet or separation of the plants that the hedge consists of such that they do not
touch. I told him you were out of the office (on vacation, I think) and that I would get him a copy
as soon as you returned.
19. Week of August 13, 2001 When you returned from vacation we talked about the issue (you may
be able to find the exact date in your DayTimer). You did not agree with the information that I
provided in the interpretation and said you would do a formal one for the file. You did so on
August 22, 2001.
I have read Attorney Unger's letter and am perplexed at her statement that the Curto's have made
numerous attempts to comply with the requests of various city employees to modify the hedge. City staff
have made numerous attempts to work with the Curtos to no avail, but I am not aware of any attempts
made by the Curtos.
I do not have any record nor do I have any memory of telling the Curtos that a 6 10 foot space in the
landscaping was needed or that any space they had made earlier was too big. I am very surprised at this
statement and absolutely do not believe it to be true. I probably did say that there needed to be a break
in the hedges such that they weren't touching since that is what Mr. Curto and I have discussed on several
occasions. However, the statement that "once again, they complied with these requirements" is
completely erroneous. From what was observed, these numerous attempts consisted of minimal trimming
of the vegetation which did not result in any noticeable separation. The reference to Roger Vess's visit
where he told the Curtos that they must have at least one foot of space between every tree or shrub is
likely true since that is the information I passed along to Roger as it was my belief after discussing the
interpretation need with you in July.
Curto Memorandum
October 16, 2001
Page 4
Finally, yes, I did tell Mr. Curto that he could not have a copy of the interpretation, not the ordinance, as
stated in Ms. Unger's letter, as it had not been finalized.
I documented the above actions with the exception of Nos. 19 and 20 as they occurred. The information
is documented in the departmental record. If you have any further questions, please don't hesitate to ask.
Sue Roberds, P
ing Specialist
MEMO
CITY ATTORNEY
Craig Knutson
City Attorney
[4531]
Dennis Dickson
Sr. Assistant City
Attorney
[4532]
Candace Kathol
Legal Assistant
[4576]
Jeanie DeFrang
Legal Administrative
Assistant
[4530]
Diana Lusby
Legal Administrative
Assistant
[4530]
Teresa Pierce
Legal Records Specialist
[4576]
Date:
To:
From:
Re:
Craig D. Kn
City Attorney
CDK:jd
C:ymemo\ck- Collins.wpd
GELES
W A S H I N G T O N U.S.A.
This is in response to your October 17, 2001, memorandum to me regarding the
above referenced matter. After reviewing your memo, I am still concerned about
the lack of clarity with regard to your Department's interpretation of the zoning
code's requirement that hedges be maintained to a maximum height of six feet
within the building set back areas, as set forth in PAMC 17.94.140. When and
how did you come up with the interpretation that there need to be six foot breaks
in hedges above the six foot height level?
I am also concerned about your statement that "in summer 2001 Sue and Roger
apparently told Mr. Curto that the separation of one foot was necessary wherever
the bushes or trees exceed six feet in height." This conflicts with the August 22,
2001 final interpretation to the effect that a six foot separation is necessary.
According to Sue Roberds' October 16, 2001 memo to you, the written
interpretation was not provided to Mr. Curto. This is consistent with what his
attorney Karen Unger also stated in her September 4, 2001 letter to me, in which
she apparently mistook the written interpretation for an ordinance that her client
was trying to get from your Department. Have the Curtos ever been provided
with the final written interpretation? If not, don't you think they should be
provided a copy along with the opportunity to comply with a different
interpretation from what they had previously been provided?
October 24, 2001
Brad Collins, Director of Community Development
Craig D. Knutson, City Attorney
Curto Hedge Zoning Violation and Unger Letter
MEMO
DEPARTMENT OF
COMMUNITY
DEVELOPMENT
Brad Collins,
Director
417 -4751
Sue Roberds,
Planning Specialist
417 -4750
Debra Barnes,
Associate Planner
417 -4752
Lou Haehnlen
Building Official
417 -4816
Roger Vess
Permit Technician
417 -4815
J
W A S H I N G T O N U.S.A.
October 5, 2001
To:
From:
Brad Collins, Director
Roger Vess, Permit Technician
Subject: Curto Complaint
I have received three complaint calls regarding Mr. Jay Pressley. I made an
inspection for the first complaint on 7- 13 -01, Mr. Presselys complaint was about
his neighbor Mr. Curto whose hedge was growing over into his yard along with
the blackberry vines. I explained to Mr. Pressley that there is a process that
needs to be followed for the hedge to get trimmed. First, a letter about the
problem needs to be sent to the hedge owner and the time frame of when the
correction needs to be completed.. Second it is between him and his neighbor
to have the berry vines trimmed.
After returning to the office I brought this complaint to the attention of Sue
Roberds in Planning who informed me that Mr. Cur4o had been sent a letter
previously to correct the problem. Mr. Curto would take action to correct the
problem when he returns from vacation by the first week of August.
The second complaint from Mr. Pressley was on 7- 20 -01. I again visited Mr.
Pressley on 7 -26 -01 and informed him of the letter to Mr. Curto and that we
must wait to see if the hedge gets trimmed after the first week of August. I noted
that some of the berry bushes had been trimmed back and two paths had been
cut through the hedge on Mr. Curto's side.
The third complaint I received was an E -mail from Ken Dubuc, Fire Marshal on
7- 23 -01. This complaint was from Mr. Pressley to Ken about tall vegetation and
a compost pile that was a fire hazard located on Mr. Curto's property. This
inspection was viewed on 7- 26 -01, no fire hazard was found.
The first part of the second week of August, at the request of Sue Roberds I met
with Mr. Curto at his home to discuss the requirements of what is needed to
correct the trimming of his hedge. At that time Mr. Curto showed me where he
had cut the two paths through the hedge. I informed Mr. Curto that cutting the
two paths about 15 feet apart would not be an acceptable correction to the
problem with his hedge. His explanation for doing so was that the plantings are
trees and not a hedge and he was making definitions to show a separation
between trees. I explained that in order to consider the planting to be trees, each
individual stock or tree would need to have separation to the point that limbs
were not entwined or touching and have space between. My response to him
was that his planting is a hedge and that it needs to be trimmed to 6 foot in
height. I also told him that I would report back to Sue Roberds in Planning and
she would notify him of the action would be taken in regards to the hedge.
Roger Vess, Permit Technician
c:APLANNING \RVESSCURTOMEMO.WPD
MEMO
DEPARTMENT OF
COMMUNITY
DEVELOPMENT
Brad Collins,
Director
417 -4751
Sue Roberds,
Planning Specialist
417 -4750
Debra Barnes,
Associate Planner
417 -4752
Lou Haehnlen
Building Official
417 -4816
Roger Vess
Permit Technician/
CSW Coordinator
417 -4815 or 417 -4712
J
W A S H I N G T O N U.S.A.
Date: September 28, 2001
To: Brad Collins, Community Development Director
From: Lou Haehnlen, Building Official
Subject: Dan and Karen Curto 2916 South Peabody Street
C: \doc_HOLD \MyFiles \Curto.wpd
I have read the letter from the attorney for the Curtos and do not recall ever
talking with the Curtos, regarding their hedge or what they needed to do with
their hedge to comply with the City Ordinance. I did receive a telephone
complaint from the next door neighbor Mr. Presley in early part of 2000 about
the hedge and referred him to the Planning Department for action.
MEMO
DEPARTMENT OF
COMMUNITY
DEVELOPMENT
Brad Collins,
Director
417 -4751
Sue Roberds,
Planning Specialist
417 -4750
Debra Barnes,
Associate Planner
417 -4752
Lou Haehnlen
Building Official
417 -4816
Roger Vess
Permit Technician
417 -4815
P ORT A NGELES
W A S H I N G T O N U.S.A.
Date: September 18, 2001
To: DCD Staff
From: Brad Collins, Community Development Director
Subject: Curto Complaint
The City Attorney has requested that I investigate the Department's code
enforcement actions in the Curto hedge violation (see attached memo from the City
Attorney and letter from the Curto's attorney). I would like you to write your
description of what actions you took individually. Also please respond to the
veracity of statements attributed to you individually in Ms. Unger's letter.
If you have not already reviewed my interpretation of acceptable hedge
maintenance, please do so. The initial administrative interpretation was made for
the Black complaint several years ago and is in the files as well. The second
interpretation was made specifically for Mr. Curto and elaborates on the first
interpretation by being more specific about the degree of separation (i.e.,
establishing a six foot separation of vegetation either above or below the six foot
height line.
Attachments:
City Attorney 9/10/01 Memo
Karen Unger 9/4/01 Letter
MEMO
CITY ATTORNEY
Craig Knutson
City Attorney
[4531]
Dennis Dickson
Sr. Assistant City
Attorney
[4532]
Candace Kathol
Legal Assistant
[4576]
Diana Lusby
Legal Administrative
Assistant
[4530]
Jeanie DeFrang
Legal Administrative
Assistant
[4530]
W A S H I N G T O N U.S.A.
Date: September 10, 2001
To: Brad Collins, Director of Community Development
From: Craig D. Knutson, City Attorney
Re: Dan and Karen Curto 2916 South Peabody Street
On September 4 I gave you a copy of the September 4, 2001 letter that I received
from Karen L. Unger, attorney for Dan and Karen Curto. Ms. Unger's letter sets
forth a history of inconsistent enforcement efforts by the Department of
Community Development with regard to back yard hedges at the above referenced
property. I presume that you have been investigating this matter and will be able
to explain your Department's version of the assertions in Ms. Unger's letter.
Please let me know what you find out.
Craig D. Knut
City Attorney
Attachment
CDK: j d
C: \j memo \ck -Co I lins.wpd
332 East Fifth Street, Suite 100
Port Angeles, Washington 98362
(360) 452 -7688
fax (3 60) 45 7 -05 81
September 4, 2001
Craig Knutson
City Attorney
City of Port Angeles
321 East 5 Street
Port Angeles, WA 98362
Dear Mr. Knutson
Server \e\ I wpdocs. u&b \dissoTbasic forms\KLU. WPD
KAREN L. UNGER, P.S.
Re: Dan and Karen Curto
2916 South Peabody Street
ATTORNEY AT LAW
karenunger@juno.com
2001Western Avenue, Suite 200
Seattle, Washington 98121
(206) 441 -3288
fax (206) 448 -2252
PORT Aa EL E3 CITY AT i C[ EY
Please be advised that I have been contacted by Dan and Karen Curto regarding their
attempt to comply with the directives of the City of Port Angeles to address their hedge problem.
The Curtos were extremely upset after they received your letter, in light of their numerous
attempts to comply with the requests of various city employees to modify their hedge to comply
with city requirements.
Last year, 2000, the Curtos received a letter from the City regarding their backyard
hedges. They were visited by Lou Haehnlen, who told them what they needed to do with the
hedge to solve the problem. Mr. Haehnlen told the Curtos that they needed to create a space
between the hedges every 20 feet if the shrubs were over 6 feet in height. The Curtos complied
with this requirement within 2 weeks' time. They heard nothing more from the City.
Then, a year later, they received correspondence in July, 2001 advising them that they had
"done nothing," and were still in violation. A call was placed to the planning department and they
spoke with Sue Roberts, who told them that there had to be a 6 -10 foot space in the landscaping
and that the space they had made the year earlier was too big and instead all they had to do was to
make a break in the hedges and make sure none of the branches were touching.
Once again, they complied with these requirements and once again received another letter
from the city, claiming they were still not in compliance with the city's ordinance and that the
matter would be turned over to your office. The Curtos once again contacted Ms. Roberts, who
sent up another building inspector. This other person, "Roger," told the Curtos that they must
have at least one foot of space between every tree or shrub.
raig Knutson
September 4, 2001
Page 2
When my clients then attempted to obtain a copy of the ordinance that had now been
interpreted 3 different ways, they were told that Brad Collins was the only person who had a copy
of this ordinance, as it had recently been passed and was not yet available, in writing, to the
public. Then, they received the letter from you.
You can imagine the frustration the Curtos have experienced over this matter. After
following the directives of the City on two different occasions and then being told that, not only
have they done nothing to comply, but that the matter was being forwarded for possible criminal
charges, they felt they had little choice but to contact legal counsel for advice. The Curtos have
gone to considerable expense to comply with the City's request and yet each time they make
modifications to their landscaping, they are told they have done nothing and could now be
prosecuted.
I hope you are able to look into this matter and resolve it to everyone's satisfaction. I hope
you will refrain from any formal legal action against the Curtos until you have had a chance to
figure out what is going on here.
cc: client
Server \e \Iwpdocs.u&b \disso7 \basic forms\KLU.WPD
Ve
truly yours,
N L. UNGER, P,
•I'
K. en `',er
Unger
,ast Fifth Street, Suite 100
c Angeles, Washington 98362
160) 452 -7688
fax (360) 457 -0581
September 4, 2001
Craig Knutson
City Attorney
City of Port Angeles
321 East 5 Street
Port Angeles, WA 98362
Dear Mr. Knutson
KAREN L. UNGER, P.S.
Re: Dan and Karen Curto
2916 South Peabody Street
ATTORNEY AT LAW
karenunger @juno.com
2001 Western Avenue, Suite 20
Seattle, Washington 9812
(206) 441 -328+
fax (206) 448 -2253
_7 1r. 7A
_I :uui
PORT AN ELES CITY Ai TOr'- ;cY
Please be advised that I have been contacted by Dan and Karen Curto regarding their
attempt to comply with the directives of the City of Port Angeles to address their hedge problem.
The Curtos were extremely upset after they received your letter, in light of their numerous
attempts to comply with the requests of various city employees to modify their hedge to comply
with city requirements.
Last year, 2000, the Curtos received a letter from the City regarding their backyard
hedges. They were visited by Lou Haehnlen, who told them what they needed to do with the
hedge to solve the problem. Mr. Haehnlen told the Curtos that they needed to create a space
between the hedges every 20 feet if the shrubs were over 6 feet in height. The Curtos complied
with this requirement within 2 weeks' time. They heard nothing more from the City.
Then, a year later, they received correspondence in July, 2001 advising them that they had
"done nothing," and were still in violation. A call was placed to the planning department and the y
spoke with Sue Roberts, who told them that there had to be a 6 -10 foot space in the landscaping
and that the space they had made the year earlier was too big and instead all they had to do was to
make a break in the hedges and make sure none of the branches were touching.
Once again, they complied with these requirements and once again received another letter
from the city, claiming they were still not in compliance with the city's ordinance and that the
matter would be turned over to your office. The Curtos once again contacted Ms. Roberts, who
sent up another building inspector. This other person, "Roger," told the Curtos that they must
have at least one foot of space between every tree or shrub.
zaig Knutson
September 4, 2001
Page 2
When my clients then attempted to obtain a copy of the ordinance that had now been
interpreted 3 different ways, they were told that Brad Collins was the only this ordinance, as it had recently been passed and was not yet available in writing, to the
public. Then, they received the letter from my person who had a copy
you.
y
You can imagine the frustration the Curtos have experienced over this matter. the directives of the City on two different occasions and then being they done nothing to comply, but that the matter was being after. After
charges, they felt they had little choice but to g counsel for advi ce. contact legal emg told s hat, not only
charges, a to considerable expense to comply g fo�ard for ce. Th he e Curtos have
nave
modifications to their landscaping, they told they ave done nod yet each time
and could now no y ma
prosecuted. nothing be e
I hope you are able to look into this matter and resolve it to everyone's s
you will refrain from any formal legal action against the Curtos until you have had a chance to
figure out what is going on here. satisfaction. I hope
cc: client
K
Ve
truly yon,
N L. UNGER, P
10
Unger
MEMO
DEPARTMENT OF
COMMUNITY
DEVELOPMENT
Brad Collins,
Director
417 -4751
Sue Roberds,
Planning Specialist
417 -4750
Debra Barnes,
;Associate Planner
417 -4752
Lou Haehnlen
Building Official
417 -4816
Roger Vess
Permit Technician
417 -4815
P ORT A NGELES
WASHINGTON, U.S.A.
Date: August 22, 2001
To: INTERPRETATION FILE
From: Brad Collins, Community Development Director
Subject: Interpretation of PAMC Section 17.08.045(H) Kedge
The question of separation of shrubs or other plants that have been planted
close together continues to be a problem of interpretation regarding when a hedge
ceases to be a hedge. In many instances, plants that have formed "a thicket and an
unbroken line," whether intentionally or unintentionally, are in violation of PAMC
Section 17.94.140, which requires that a hedge "be maintained to a maximum
height of six (6) feet within the building setback areas." Upon complaint, the City
enforces maintenance of such a hedge in accordance with the following standards:
9' 6 k A
8' //4., k
2 9
0'
The thicket and unbroken line of the hedge cannot visually screen above the
six -foot height without six -foot breaks in the screen above and/or below the
unbroken line of the hedge at the si oot level as depicted below.
sky
10' 12' 14' 16' 18' ground
Section 17.08.45(H) of the Port Angeles Municipal Code states: "Hedge
the special application of shrubs or other plants that have been planted close
together so that they form a thicket and an unbroken line, acting as a space
boundary or creating a visual screen. An individual tree cannot be a hedge by
itself. Section 17.94.140 PAMC states: "In all Residential and Commercial
Zones a wall, fence, or hedge may be maintained to a maximum height of six (6)
feet within the building setback areas. All vision clearance requirements shall be
maintained
pORTANGELES
W A S H I N G T O N U.S.A.
CITY ATTORNEY
August 20, 2001
Mr. And Mrs. Dan Curto
2916 South Peabody Street
Port Angeles, WA 98362
Re: Zoning Code Violation
Dear Mr. and Mrs. Curto:
On September 20, 2000, I sent you the attached letter regarding an overgrown hedge on your
property. The overgrown hedge violates the City's zoning code. Following that letter, it was
my understanding that you had met with Brad Collins, Director of Community Development,
and had agreed to take the necessary steps to eliminate the zoning violation. Now, the
Department of Community Development informs me that the agreed upon trimming of the
hedge has not occurred and the City has continued to receive complaints about the condition
of the hedge. In a letter dated August 9, 2001, you were informed of this continuing problem
by Planning Specialist Sue Roberds. Since you have had ample opportunity to correct the
problem and have not done so, the City is in the position of having to take enforcement
action. Accordingly, the City Attorney's office will be pursuing the appropriate action, as
set forth in the attached correspondence, if you do not correct the problem immediately.
Very truly yours,
Craig D. Knutson,
City Attorney
cc: City Manager
Department of Community Development
Senior Assistant City Attorney
Attachments
CDK:dI
C:\DLETTERSkurto.wpd
321 EAST FIFTH STREET P. 0. BOX 1 150 PORT ANGELES, WA 98362 -0217
PHONE: 360- 417 -4530 FAX: 360 -417 -4529 TTY: 360- 417 -4645
E -MAIL: ATTORNEY @CI.PORT -ANGELES.WA.US
PORTANGELES
W A S H I N G T O N U.S.A.
CITY ATTORNEY
September 20, 2000
Mr. And Mrs. Dan Curto
2916 South Peabody Street
Port Angeles, WA 98362
Re: Zoning Code. Violation
Dear Mr. and Mrs. Curto:
The City of.Port Angeles Planning Departure -nthas referredthe referred. mattepofan.overgr�,
hedge on your properly to the City Attorney's offree. for enforcement action
p g PPf.P eg
Accordingly, we will :t1e re arias thea o ria� 1 al aption if yen have.not Corrected,
thisiproblem on or before September 29, 2000. Such:legal action could include
prosecuting you. for a misdemeanor violation_ of .the zoning code, which is punishable by
a fine of not more than $500 and/or six months in jail; with each continuing day of
violation constituting a separate offense, or prosecuting an action to obtain an injunction
requiring you to comply with the zoning code.
If you do plan to trim the hedge in order to comply with the zoning code, please contact
the Planning Department directly as soon as possible.
Very truly yours,
Craig D. K tson,
City Attorney
cc:anning Department
City Manager
CDK:dl
C:IDLETTERSkurta.wpd
321 EAST FIFTH STREET P. O. BOX 1 150 PORT ANGELES, WA 98362-0217
PHONE: 36 417 -4530 FAX: 360 417 -4529 TTY: 360- 417 -4645
E -MAIL: ATTORNEY@CI.PORT- ANGELES.WA.US
Looking Northwest from Mr. Pressley's residence
Looking east from Pressley's back yard
(Note: Cyclone fence is 4' high)
Looking southwest from Mr. Curto's residence
Looking north from Mr. Pressley's back yard
August 29, 2001
Pressley /Curto Hedge Concern
MEMO
DEPARTMENT OF
COMMUNITY
DEVELOPMENT
Brad Collins,
Director
417 -4751
Debra Barnes,
Associate Planner
417 -4752
Sue Roberds,
Planning Specialist
417 -4750
Lou Haelmlen
Building Official
417 -4816
Roger Vess
Permit Technician
CSW Coordinator
417 -4712
Ed Eastwood
Building Intern
417 -4815
W A S H I N G T O N U.S.A.
August 9, 2001
TO:
FROM:
RE:
Craig Knutson, City Attorney
Sue Roberds, Planning Specialist
Zoning Violation Curto
2916 South Peabody
Attached is correspondence subsequent to your correspondence with Mr. Dan Curto
regarding the trimming of a hedge on his property located at 2916 South Peabody
Street. Briefly, we ceased violation proceedings in October, 2000, because Mr. Curto
had somewhat trimmed the hedge to a point that was acceptable and had agreed to
further trim by November, 2000. The trimming did not occur and continued
complaints have been received by the neighbor, Mr. Jay Pressley pointing out this
fact. Mr. Curto was contacted as you will see by the attached documentation and said
that he would have the hedge trimmed to City standards following his vacation, which
would be completed by the first week of August.
This is the end of the second week of August and the hedge has not been trimmed.
This issue is not going to be resolved without action from your department. Please
begin those proceedings.
Let me know if you need further information from our files.
Sue Roberds, Pla
Attachments
ng Specialist
J
W A S H I N G T O N U.S.A.
PLANNING DEPARTMENT
August 9, 2001
Mr. Dan Curto
2916 South Peabody Street
Port Angeles, WA 98362
RE: Zoning Code Violation
2916 South Peabody Street
Dear Mr. Curto:
On July 11, 2001, we had a phone conversation as a result of a letter written to you as follow
up to action it was understood you would be taking in November, 2000. You said that you were
going on vacation but that the hedge would be trimmed to acceptable standards, previously
described to you, during the first week of August, 2001. It is now the end of the second week
of August and the hedge has not been trimmed, nor have you contacted the City to explain an
extenuating circumstances which would have kept you from trimming the hedge. As this issue
has now extended into a full year without the required trimming occurring, I am forwarding this
issue to the City Attorney for appropriate enforcement action.
As you were previously informed, violation of the City's zoning regulations is a misdemeanor
Any person, firm, or corporation violating any provisions of the Zoning Code shall be g uilty
of a misdemeanor and, upon conviction thereof, shall be punishable by a fine of not more
than $500 or by imprisonment for a term not to exceed six months, or by both fine and
imprisonment. Such person, firm, or corporation shall be deemed guilty of a separate offense
for each and every day during any portion of which any violation of this Title is committed,
continued, or permitted by such person, firm, or corporation and shall be punishable as herein
provided.
If you have any further questions concerning this matter, you may contact Department of
Community Development Director, Brad Collins, or City Attorney, Craig Knutson, who will
be corresponding with you shortly.
Sincerely,
Sue Roberds
Planning Specialist
321 EAST FIFTH STREET P. 0. BOX 1 150 PORT ANGELES. WA 98362-0217
PHONE: 360 -417 -4750 FAX: 360 -417 -4609 TTY: 360-417 -4645
E -MAIL: PLANNING @CI.PORT ANGELES.WA.US
From: Kenneth Dubuc
To: RVESS
Date: 7/23/01 4:58pm
Subject: Vegetation complaint
Hello Roger!
I took a phone call today from Jay Presley, at 2920 S. Peabody. Mr. Presley
was complaining about the tall vegetation of his neighbor to the north, Mr.
Kurdo.
Mr. Presley says that we sent a letter to Mr. Kurdo, but nothing has been done
and that Kurdo is "laughing up his sleeve" at the City.
Have we indeed sent a letter? I wasn't sure if this was all true or not!
Thanks!
Ken
CITY OF PORT ANGELES
DEPARTMENT OF PUBLIC WORKS
INSPECTION REPORT
REQUEST:
Date 2'x)'C Time cA 4 Received by 1" (phone, person)
Location of Work to be inspected Aq 20 cd, y
Name of person requesting inspection y f r E'
y 41 67
Address of person requesting inspection Phone No. -7Q
Type of Inspection (circle appropriate one): Permit No.
Sewer Foundation Framing Chimney Plumbing Final Sewer Excay. Other
INSPECTION NOTES:
Inspected: Date Time By
Remarks:
RESTORATION REQUIRED YES
NO
SURFACE RESTORATION:
SURFACE TYPE: n Unimproved Gravel Asphalt PCC Other
n Repaired by City Work Order
Repaired by Permittee COMPLETE
No Damage Found INCOMPLETE
(Continue on reverse side if necessary)
STREET SUPERINTENDENT (DATE)
REQUEST:
Date -7 1 3
CITY OF PORT ANGELES
DEPARTMENT OF PUBLIC WORKS
INSPECTION REPORT
Location of Work to be inspected 2 9 •,y
Name of person requesting inspection
Address of person requesting inspection Phone No.q�2 90 7 0
Type of Inspection (circle appropriate one):
Time S ,14:) 04 'r Received by
Sewer Foundation Framing Chimney Plumbing Final Sewer Excay. Other
INSPECTION NOTES:
Inspected: Date Time By
Remarks:
RESTORATION REQUIRED YES NO
o
aq 1 6 -dy
-E� a /t Z cc
LCD
SURFACE RESTORATION:
SURFACE TYPE: Unimproved Gravel
Repaired by City
Repaired by Permittee
No Damage Found
(Continue on reverse side if necessary)
(phone, person)
Permit No.
Asphalt PCC Other
Work Order
COMPLETE
INCOMPLETE
STREET SUPERINTENDENT (DATE)
July 6, 2001
J
W A S H I N G T O N U.S.A.
Mr. Dan Curto
2916 South Peabody Street
Port Angeles, WA 98362
Re: Zoning Code Violation
Dear Mr. Curto:
PLANNING DEPARTMENT
During the summer of 2000 several letters were sent to you regarding the need to trim an
overgrown hedge on your property. It was the understanding of this department that you were
working toward trimming the hedge in a manner that would comply with the City's restrictions
on hedge height and /or reducing the volume of the plantings such that they were no longer
considered a hedge and that that action would be completed by November, 2000. Some
trimming was accomplished however not enough to constitute a change in the way the plantings
are viewed. They are still an overgrown hedge and must be trimmed.
I am again enclosing copies of provisions from the City's Municipal Code that define what is
a hedge, and am available during business hours to discuss this with you personally if you do
not understand the information. Staff can meet with you on -site if you prefer to discuss what
trimming needs to be done if you prefer. The hedge must be trimmed in order to avoid further
communication or action by the City on this issue.
Please contact this office to let us know your intent in this matter no later than July 13, 2001.
Sincerely,
Sue Roberds
Planning Specialist
cc: City Attorney
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321 EAST FIFTH STREET P. 0. BOX 1 150 PORT ANGELES. WA 98362 -0217
PHONE: 360- 417-4750 FAX: 360 417 -4609 TTY: 360- 417 -4645
E-MAIL: PLANNING @CI.PORT ANGELES.WA.US
From:
To:
Subject:
This is in response to your request as to the outcome of the Curto hedge
zoning violation. Brad Collins met Mr. Curto on site and discussed with him
the necessary steps to take to eliminate the zoning concern. He (Brad)
informed me that we should let that activity occur before we pursue this
matter further with the assumption that it would be forthcoming. Mr. Pressley
(complaintant) is happy at this point and until the hedge grows together again
there should not be a need to press further. Thank you for your attention to
the matter.
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CKNUTSON
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WASH I N G T O N, U. S. A.
CITY ATTORNEY
September 20, 2000
Mr. And Mrs. Dan Curto
2916 South Peabody Street
Port Angeles, WA 98362
Re: Zoning Code Violation
Dear Mr. and Mrs. Curto:
The City of Port Angeles Planning Department has referred the matter of an overgrown
hedge on your property to the City Attorney's office for enforcement action.
Accordingly, we will be preparing the appropriate legal action if you have not corrected
this problem on or before September 29, 2000. Such legal action could include
prosecuting you for a misdemeanor violation of the zoning code, which is punishable by
a fine of not more than $500 and/or six months in jail, with each continuing day of
violation constituting a separate offense, or prosecuting an action to obtain an injunction
requiring you to comply with the zoning code.
If you do plan to trim the hedge in order to comply with the zoning code, please contact
the Planning Department directly as soon as possible.
Very truly yours,
Craig D. K tson,
City Attorney
cc:�anning Department
City Manager
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321 EAST FIFTH STREET P. O. BOX 1 150 PORT ANGELES, WA 98362-0217
PHONE: 360- 417 -4530 FAX: 360 -417 -4529 TTY: 360-417 -4645
E -MAIL: ATTORNEYa@CI.PORT- ANGELES.WA.US
J
W A S H I N G T O N U.S.A.
PLANNING DEPARTMENT
September 12, 2000
Mr. Dan Curto
2916 South Peabody Street
Port Angeles, WA 98362
RE: Hedge 2916 South Peabody
Dear Mr. Curto:
This department has sent you two letters regarding the need to either trim or separate a hedge
that is planted on your property line. The City's Zoning Ordinance limits the height of hedges
in required yard setbacks from property lines. Staff has no record of your being in the office
to question the information provided in the letters or arrange for a time period to bring the hedge
into compliance. The matter of this zoning violation has been referred to the City Attorney's
Office for appropriate action.
If you have questions at this point, please contact the City Attorney's Office at 417 -4530.
Sincerely,
Sue Roberds
:ornpiete SENDER: items 1 and/or 2 "for additional
Planning Specialist Complete items R :r•
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Print your name an -s n greirself tig f
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Write "Return Recei rr steeM h m i =,,.7. y 1 w t a
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to and the date of del ery.
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cc: City Attorney
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Dan Curt
2916 South Peabody
Port ANgeles, WA
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6. Signature (Agent)
PS Form 3811, November 1990
321 EAST FIFTH STRE
PHONE: 360- 417 -475(
E -MAIL: PLANNING( CI.PORT- ANGELES.WA.US
PORT ANGELES
PLANNING DEPARTMENT
Street
98362
CERTIFIED MAIL
I also wish to receive the
following services (for an extra
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number 2. Restricted Delivery
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4a. Article Number
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From:
To:
Subject:
Sue Roberds
CKNUTSON
Curto hedge zoning violation
This is in response to your request as to the outcome of the Curto hedge
zoning violation. Brad Collins met Mr. Curto on site the necessary steps to take to eliminate the zoning concern. He (Brad) and discussed with him
informed me that we should let that activity occur before we pursue this
matter further with the assumption that it would be forthcoming. Mr. Pressley
(complaintant) is happy at this point and until the hedge grows together again
there should not be a need to press further. Thank you for your attention to
the matter.
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PORTANGELES
W A S H I N G T O N U.S.A.
PLANNING DEPARTMENT
August 30, 2000
Mr. Dan Curto
2916 South Peabody
Port Angeles, WA 98362
RE: Hedge at 2920 South Peabody Street
Dear Mr. Curto:
A letter was sent to you earlier this summer informing you that the vegetation planted along the
fence line between your residence and that of 2920 South Peabody is in violation of the City's
zoning regulations. You were asked to contact this department if you had any questions but
since that time the hedge has not been trimmed nor have you called with questions. The hedge
must either be trimmed to an overall height of not more than 6' or you must cut slots in the
hedge such that it is no longer an impenetrable barrier.
Please contact this office no later than September 8, 2000, to let us know of your intentions in
this matter.
Sincerely,
Sue Roberds
Planning Specialist
cc: City Attorney
321 EAST FIFTH STREET P. O. BOX 1 150 PORT ANGELES. WA 98362 -0217
PHONE: 360- 417 -4750 FAX 360-417 -4609 TTY: 360- 417 -4645
E -MAIL: PLANNING @CI.PORT ANGELES.WA.US
MEMO
PLANNING
DEPARTMENT
Brad Collins,
Planning Director
Sue Roberds,
Planning Specialist
Debra Barnes,
Associate Planner
P ORT A NGELES
W A S H I N G T O N U.S.A.
August 23, 2000
To: Craig Knutson, City Attorney
From: Sue Roberds, Planning Specialist
Subject: Hedge at Curto Residence
2916 South Peabody Street
Attached are copies of correspondence that was sent to Mr. and Mrs. Dan Curto over
the past two months with regard to an overgrown hedge on a property line. The
Curtos have not responded in any way to the request that they do so. The
complaintant Mr. Jay Pressley has been in several times and noted that while Mr.
Curto seemed willing to comply, his wife was not. We believe the Curtos are aware
of the situation which is a violation of 17.94.140 PAMC.
Thank you for your assistance in this matter. Please let me know if you need
additional information.
Sue Roberds, P1
Attachments
mg Specialist
Dear Mr. Curto:
ORTANGELES
W A S H I N G T O N U.S.A.
PLANNING DEPARTMENT
August 9, 2001
Mr. Dan Curto
2916 South Peabody Street
Port Angeles, WA 98362
RE: Zoning Code Violation
2916 South Peabody Street
On July 11, 2001, we had a phone conversation as a result of a letter written to you as follow
up to action it was understood you would be taking in November, 2000. You said that you were
going on vacation but that the hedge would be trimmed to acceptable standards, previously
described to you, during the first week of August, 2001. It is now the end of the second week
of August and the hedge has not been trimmed, nor have you contacted the City to explain an
extenuating circumstances which would have kept you from trimming the hedge. As this issue
has now extended into a full year without the required trimming occurring, I am forwarding this
issue to the City Attorney for appropriate enforcement action.
As you were previously informed, violation of the City's zoning regulations is a misdemeanor
Any person, firm, or corporation violating any provisions of the Zoning Code shall be g uilty
of a misdemeanor and, upon conviction thereof, shall be punishable by a fine of not more
than $500 or by imprisonment for a term not to exceed six months, or by both fine and
imprisonment. Such person, firm, or corporation shall be deemed guilty of a separate offense
for each and every day during any portion of which any violation of this Title is committed,
continued, or permitted by such person, firm, or corporation and shall be punishable as herein
provided.
If you have any further questions concerning this matter, you may contact Department of
Community Development Director, Brad Collins, or City Attorney, Craig Knutson, who will
be corresponding with you shortly.
Sincerely,
Sue Roberds
Planning Specialist
321 EAST FIFTH STREET P. O. BOX 1 150 PORT ANGELES, WA 98362 -0217
PHONE: 360- 417 -4750 FAX: 360- 417 -4609 TTY: 360- 417 -4645
E -MAIL: PLANNING @CI.PORT ANGELES.WA Il.c
PORTANGELES
W A S H I N G T O N U.S.A.
DEPARTMENT OF COMMUNITY DEVELOPMENT
July 13, 2000
Mr. Dan Curto
2916 South Peabody Street
Port Angeles, WA 98362
RE: Hedge at 2916 South Peabody Street
Dear Mr. Curto:
This letter is in regard to a tall hedge that exists on the property line at the south of your
property, located at 2916 South Peabody Street. The City's Zoning Ordinance provides that
vegetation planted such that it grows together to form a hedge shall be maintained to a
maximum height of six feet within the RS -7, Residential Single Family zones. The vegetation
that exists on your south property line exceeds six feet in height and must either be trimmed and
maintained to no more than six feet in height or separated such that it is no longer a solid hedge.
The hedge must be trimmed in such a manner that it conforms to the maximum hedge
requirements right away. Please feel free to contact Planning Department staff if you have any
questions and to arrange a schedule by which time the hedge will be trimmed. City Hall is
open from 8 am to 5 pm Monday through Friday.
Sincerely,
Sue Roberds
Planning Specialist
321 EAST FIFTH STREET PO BOX 1 150 PORT ANGELES, WA 98362 -3206
PHONE: 360- 417 -4750 FAX: 360-417-4711 TTY: 360- 417 -4645
E -MAIL: PLANNING @CI.PORT ANGELES.WA.US OR PERMITS CI.PORT ANGELES.WA.US
July 6, 2001
Mr. Dan Curto
2916 South Peabody Street
Port Angeles, WA 98362
Re: Zoning Code Violation
Dear Mr. Curto:
During the summer of 2000 several letters were sent to you regarding the an
overgrown hedge on your property. It was the understanding of this department that you re
working toward trimming the hedge in a manner that would comply with the City's
on hedge height and/or reducing the volume of the plantings such that y u were
considered a hedge and that that action would be completed y s restrictions
hat they w2 0 l
trimming was accomplished however not enough to constitute a change in the way the p
lantings
trimmed.
are viewed. They are still an overgrown hedge and must be trim Some
y the plantings
I am again enclosing copies of provisions from the City's Municipal Code th is
a hedge, and am available during business hours to discuss this with you personally t define what
not understand the information. Staff can meet with you on -site if you prefer to discuss what
trimming needs to be done if you prefer. The hedge must be if you do
communication or action by the City on this issue. e trimmed in order to avoid further
Please contact this office to let us know your intent in this matter no later than July 13, 2001.
Sincerely,
Sue Roberds
Planning Specialist
cc: City Attorney
ORTANGELES
W A S H I N G T O N U.S.A.
PLANNING DEPARTMENT
321 EAST FIFTH STREET P. 0. BOX 1 150 PORT ANGELES. WA 98362 -0217
PHONE: 360- 417 -4750 FAX:
360- 4 17 -4609 TTY: 360- 417 -4645
E -MAIL: PLANNING @CI.PORT ANGELES �nIA