555 Liberty Street Room 395 Salem OR 97301-3513 a? theme 50368863211 Fax 503-588u6025 January 22, 2020 Daniel Gatti Richard Gatti SUBJECT: Site Restoration Plan due to City Tree Removal Case 2020?0104 Dear Messrs. Gatti: This Letter is accompanying Civil Penalty #2020~0104 that has been issued due to the damage and removal of four City of Salem Street Trees. Stated in the penalty is a requirement for restoration of areas/property damaged by that violation. To meet this requirement, you will need to contact and coordinate with the City of Salem?s Urban Forester, Tom Bradley. You have 60 days from the date of ?nality of Civil Penalty #2020?0104 to contact Mr. Bradley and complete a Restoration Agreement for the site. . The Restoration Agreement shall include requirements for the complete removal of the damaged trees listed in the penalty, the species of trees to be planted (or a list of approved species provided by City staff), the number of trees to be planted, the minimum size of new trees, the proper spacing and location of the new trees, and a guarantee of life of the new trees for no less than 3 years. The Agreement must also have a deadline for completion of the restoration work no longer than 6 months from the date the agreement is signed. If you do not complete a Restoration Agreement or fail to meet the requirements set forth in the agreement, additional penalties will be assessed. Contact information for the City of Salem?s Urban Forester, Tom Bradley, is provided below: Tom Bradley Projecl Coordinator City of Salem Public Works Department 1460 20"l Street 813/ Building 14, Salem OR 97302 503-588?6335 Transportation and Parks ?rseraiiens Winery Lake Water Pollution Caperetiens 1460 9.31:. 5mm SE, 3 4 ?entrol Facility 3410 90?? Street Building 9 Salem OR 97302?1209 5915 Windsor [stand Road Salem OR 97302-1909 Phone 503?588-6336 Kaila! OR 97303-6179 Phone 5037588Lo063 Fax 503-588?6305 Phone 503-588-6380 Fax 503688-6480 Fax 503-588-6387 ADA Accommodations Wiil Be Provided Upon Request a. Servicios razonables do accesibilidad se faciiltaran per petlcion Daniel Gatti and Richard Gatti January 22, 2020 Page 2 Please contact Mr. Bradley to coordinate your Restoration Agreement within 60 days of the ?nality of this Civil Penalty. Your cooperation in resolving this issue is appreciated. Sincerely, Cullen Compliance Specialist City of Salem Public Works Department 555 Liberty St SE, Suite 325, Salem OR, 97301 503688-6211 CORRESPUGZO-OIIM RESTORATION LETTERDOCX Enclosures: 1. Civil Penalty #2020-0104 2. Civil Penalty Invoice #4108670 3. Civil Penalty Matrix cc: Gatti Investments LLC Tom Bradley, Urban Forester ENFORCEMENT AND ASSESSMENT OF CTVIL PENALTY CITY OF SALEM PENALTY NO. 2020-0104 COUNTY OF Marion INVOICE NO. 4108670 STATE OF OREGON CITY OF SALEM Pubiic Works Department Code Compliance 555 LIBERTY STREET SE, ROOM 325 SALEM, OR 97301?3513 TELEPHONE: (503) 588-6211 FAX: (503) 588?6025 THE UNDERSIGNED CERTIFIES AND SAYS THAT THE FOLLOWING PERSON: NAME: TELEPHONE NUMBER: Daniel Gatti and Richard Gatti STREET ADDRESS: STATE: ZIP: AT THE FOLLOWING PLACE IN THE STATE AND COUNTY: ON OR ABOUT: OR NEAR LOCATION: January 2, 2020 1781 Liberty St SE, Salem OR. Taxlot# 073W34BA05800 DID THEN AND THERE: 1. Violate SRC Description of Violation: It is unlawful for any Amount of Civil Penalty: 86.03091) person to destroy a city tree without a permit. $2,000 (Maximum Civil Penalty: $2000 per Four City trees removed. violation) 2. Violate SRC Description of Violation: Any person who Amount of Civil Penalty: 86.12081) undertakes an activity regulated by this chapter (Maximum Civil Penalty: $2000 per without first obtaining a permit shall be subject to a violation) civil penalty 3. Violate SRC Description of Violation: Restoration. Persons Amount of Civil Penalty: 86.105(c) responsibie for violations of this chapter shall be To be determined in Restoration (Nilaxiinu)m Civil Penaity'. $2000 per responsible for restoring damaged areas. Plan with Urban Foresters atlon Total amount of civil penalties assessed by this Order Notice and Assessment of Civil Penalty: $2.000 THIS PENALTY iS BEING ASSESSED UNDER SALEM REVISED CODE CHAPTER AS THE UNPERMITTED DAMAGE REMOVAL OF CITY STREET TREES IS OBJECTIVELY IMPOSSIBLE TO CORRECT. IN ADDITION TO THE PENALTY, RESTORATION IS REQUIRED PURSUANT TO SRC CHAPTER WHICH STATES, VIOLATING THIS CHAPTER, OR A PERMIT ISSUED HEREUNDER, SHALL BE RESPONSIBLE FOR RESTORING DAMAGED AREAS IN CONFORMANCE WITH A PLAN APPROVED BY THE DIRECTOR THAT PROVIDES FOR REPAIR OF ANY ENVIRONMENTAL OR PROPERTY DAMAGE AND RESTORATION OF THE SITE. COSTS OF RESTORATION SHALL BE NOT LESS THAN THOSE DETERMINED EQUAL TO THE MONETARY VALUE OF THE REGULATED TREES REMOVED IN VIOLATION OF THIS CHAPTER, OR PERMIT ISSUED HEREUNDER, AS SET FORTH IN AN APPRAISAL ACCEPTABLE TO THE DIRECTOR AND BASED UPON APPLICABLE ADMISTRATIVE I UNDER APPLICABLE LAW AND UNDER PENALTIES FOR FALSE SWEARING THAT I HAVE SUFFICIENT GROUNDS TO AND DO BELIEVE THAT THE PERSON COMMITTED THE ABOVE AND I HAVE SERVED THE PERSON WITH THIS ENCORCEMENT ORDER I NOTICE AND ASSESSMENT OF CIVIL PENALTY. IanuaryZZ. 2020 DATE ISSUED CU LLEN COMPLIANCE SPECIALIST, CITY OF SALEM PUBLIC WORKS YOU HAVE THE RIGHT TO APPEAL THIS ENFORCEMENT ORDER NOTICE OF CIVIL PENALTY TO THE HEARINGS OFFICER PAYMENT PROCEDURE RIGHT TO APPEAL 1. PAYMENT: PAYMENT IS DUE WITHIN FIFTEEN (15) BUSINESS DAYS. Payment in full of the total amount oi?all civil penalties assessed must be made by delivering payment, within is business days of the date this enforcement order/notice and assessment of civil penalties was issued, to the following address: CITY OF SALEM FINANCE DEPARTMENT CITY HA 230 SALEM, OR 97301-3503 2. APPEAL RIGHTS AND PROCEDURE: You have the right to appeal this Enforcement Order Notice of Civil Penalty to the City of Salem?s Hearings Of?cer. A notice of appeal must be ?led with the City Recorder within fifteen (15) business days alter receiving this Order/Notice. The notice of appeal shail contain: . The name, address and telephone number of the appeilant; (2) A copy of this Enforcement Order/Notice of Civil Penalty; and (3) The basis for the appeal, stating with speci?city: (A) Why the imposition of the civil penalty is in error due to the fact the violation was not intentional or knowing, was not a repeat or similar violation, or was not objectively impossible to correct; or . (B) Why the amount of the civil penalty is not supported by a factual basis based on the criteria set forth in SRC 201.150. The notice of appeal SHALL be accompanied by an appeal fee, as established by resolution of the Salem City Council. The appeal fee is not refundable unless the Hearings Officer ?nds that this Enforcement Order/Notice of Civil Penalty was not well founded in law or fact, in which case the appeal fee shall be refunded in full. ANY NOTICE OF APPEAL FILED AFTER THE TIME PERIOD SET FORTH ABOVE SHALL BE DISMISSED BY THE HEARINGS OFFICER AS UNTIMELY. FAILURE TO FILE A NOTICE OF APPEAL SHALL BE A WAIVER OF ALL RIGHTS TO REVIEW THE ENFORCEMENT ORDER AND THE IMPOSITION OR AMOUNT OF THE CIVIL PENALTY. 3. HEARING ON APPEAL: Upon the ?ling of a notice of appeal, the Hearings Officer shall set a time, date, and place fora hearing. The date shall be set not less than twenty (20) business days nor more than sixty(60) business days after the dated the notice of appeai is ?led, unless continued with the consent of all parties or upon the motion of any party for good cause shown. 4. FINALITY OF PENALTY: This notice and assessment of civil penalty shall become final upon expiration of the time for ?iing an appeal. If a notice of appeal is timely filed, the civil penalty shall become final upon issuance of the hearing of?cer?s decision af?rming the appeal. 5. QUESTIONS: If you have any questions about this Enforcement Order Notice and Assessment of Civil Penalty, you may contact the Public Works Department at the address or telephone number shown on page I. City of Salem Miscellaneous Receivables Customer# . Invoice# 4108670 Password E: Original Invoice Date Pin Payment Due By Bill To: Billing for: CHARD GATTI COMPLIANCE SERVICES CODE COMPLIANCE CIVIL PENALTY 1781 LIBERTY ST SE CODE COMPLIANCE CASE #2020-0104 You may now pay online at OR Dial 800-4304685 to pay by phone. Description Quantity Unit Cost Total ?1 UNPERMITTED STREET TREE REMOVAL 4 $500.00 $2,000.00 Please Pay This Amount: $2,000.00 Telephone: 503?588?6210 Please Put Invoice# 4108670 On Your Check Make Checks Payable To: City of Salem Retain This Portion for your Records Please Return This Portion With Payment Payment Due: AT YOUR SERVICE Invoice Amount Due Amount Paid FINANCE DEPARTMENT City Hall] Room 230 4108670 $210001?) 555 Liberty St. SE Salem, OR 9730l?3503 .. Customer - Pin: DANIEL GATTI RICHARD GATTI CITY OF SALEM ACCOUNTS RECEIVABLE PO BOX 3256 PORTLAND, OR 97208-3256 Penalty Matrix SRC 20.1150 Invoice 4108670 Violation of SRC Chapter 86 Case 2020-0104 Gravity or Magnitude of Violation/s Potential for Harm or Impact to the Community Enforcement Penalty Matrix Enforcement Evaluation Criterion 0 Points 1 Point 2 Points 3 Points 1. Was the violation the result of events or circumstances not reasonably within the person?s control? 2. Was the person negligent by failing to obtain or comply with the necessary permits and approvals? 3. Was the action a willful and knowing violation? 4. Was the person unresponsive in correcting the violation? 5. Is this a repeat violation of the same or related provisions of the Salem Revised Code? Total Points: Total Penalty: $2,000 Total Score Criteria Gravity or Magnitude of violation Minor Moderate Maior 1 ~4 Points 50.00 100.00 200.00 5 6 Points $150.00 300.00 600.00 7 8 Points $250.00 500.00 $1,000.00 9 10 Points $375.00 750.00 $1,500.00 Over 10 Points $500.00 $1,000.00 $2,000.00 To use matrix for One time penalty, assign a value to each of the ?ve following mitigating factors. Total the ?ve values assigned and find how that matches numerically. Then select the column that best ?ts the nature of the violation. 1. Within their control: Points 0 If the person had no control over the events or circumstances contributing to the violation. Points: 1 If the person is likely to have had some control over the events or circumstances contributing to the violation. Points 2 If the person had, or should have had some discernible control over the events or circumstances contributing to the violation. Points 3 If the person clearly had control over the events or circumstances contributing to the violation. 2. Negligence: Points 0 If no permits or approvals were required or if the documentation was complete and appropriate for the job or task that caused the violation. Points= 1 If the person obtained and received approval for some but not all of the required permits and approvals. Points: 2 If the person obtained some but not all of the required permits and approvals and did not receive approvals for the job or task that caused the violation. Points2 3 If the person either did not obtain the necessary permits and approvals or did obtain permits and approvals but did not comply with their conditions. 3. Willful or Knowing: Points 0 If the person did not know and had no way of knowing that the action or inaction constituted a violation. Points 1 If the person should have known the action or inaction constituted a violation. Points 2 If it is likely the person knew the action or inaction constituted a violation. Points 3 If the person clearly knew the action or inaction constituted a violation or if the violator had been previously informed by the Director that the action or inaction constituted a violation. 4. Correction: Points 0 If steps were taken to correct the cause of the violation as soon as the person learned of it. Points :2 1 If the cause of the violation was eventually corrected, but not in timely or cooperative fashion. Points 3: 2 If the person made little effort or was ineffective in attempts to correct the cause of the violation and the cause of the violation was not corrected. Points =3 3 If the person made no attempt to correct the cause of the violation. 5. Repeat Violation: Points 0 If there have been no prior violations by the same person or at the same site within the preceding ?ve years. Points 1 If there has been one prior violation by the same person or at the same site that became a ?nal order or decision of the Director or a court within the preceding ?ve years. Points 2 If there have been two prior violations by the same person Or at the same site that became a ?nal order or decision of the Director or a court within the preceding ?ve years. Points 2 3 If there have been three or more prior violations by the same person or at the same site that became a ?nal order or decision of the Director or a court within the preceding ?ve years. For daily penalty applications, follow the same steps, and use 25% of the result. Administrator may, at his or her option, impose a penalty greater than 25% of the result of this table should speci?p circumstances warrant. Minor Violation any violation that did not create risk to public health and safety, caused no damage to the environment, and did not adversely impact public infrastructure. Moderate Violation any violation that may, or is likely to have created a risk to public health and safety, damaged the environment, or adversely impacted public infrastructure, to a degree determined to be less than signi?cant. Major Violation any violation that created a signi?cant risk to public health and safety, caused signi?cant damage to the environment, or had a signi?cant adverse impact to public infrastructure. Date Issued: January 22, 2020 ?/01.er OFFICER or THE CETY OF SALEM