HomeMy WebLinkAbout051 VCAJEFFERSON COUNTY
CODE COMPLIANCE
621 Sheridan Street | Port Townsend, WA 98368
360-379-4450 | dcd@co.jefferson.wa.us
www.co.jefferson.wa.us/codecompliance
VOLUNTARY COMPLIANCE AGREEMENT
July 31, 2025
Robert Carson
P.O. Box 181
Port Gamble, WA 98364
Case No.:
Parcel Numbers:
Site Address:
COM SDP2025-00006
965100009,
965100010,
965100011
No site address
Re: Voluntary Compliance Agreement
Dear Robert Carson:
Case Background
Unauthorized development has occurred on the above-referenced parcels, in violation of the Jefferson
County Code (JCC), including the Shoreline Master Program (SMP). Shoreline jurisdiction extends 200
feet landward of the ordinary high water mark (OHWM) and the shoreland designation for the three
parcels is Natural. The shoreline buffer width is 150 feet and the building setback is 10 feet. The
unpermitted development occurs within the shoreline buffer, and must be either permitted or removed.
Section 1- Summary of Violations
Violations on the three parcels include, but may not be limited to, placement of containers on the
property, installation of rock cages, placement of gravel, installation of utility lines, and stockpiling of
materials on the property. Development and uses, including ground-disturbing activities, within shoreline
jurisdiction require permits.
JCC Titles in violation:
The unpermitted development is in violation of the following:
• Chapter 18.25 JCC – SMP. JCC 18.25.020 – Applicability: The unpermitted use of the three
parcels meets the definition of development in JCC 18.25.100(4)(g).
• Chapter 18.22 JCC – Critical Areas. The SMP incorporates critical areas. At a minimum, the
proposal will need to address development within a 150-foot-wide fish and wildlife habitat
conservation area buffer and a geologically hazardous area.
• JCC 18.30.060 (Grading and Excavation Standards) and 18.30.070 (Stormwater Management
Standards). Ground-disturbing activities have occurred that would have been subject to review for
these two development standards.
• JCC 18.30.060(4) states all land-disturbing activities within critical areas require a stormwater
permit regardless of the thresholds.
Section 2: Corrective Actions with Deadlines:
This Voluntary Compliance Agreement (VCA) must be signed by the property owner and returned to
Department of Community Development (DCD) within 14 days (or by August 14, 2025). The property
JEFFERSON COUNTY
CODE COMPLIANCE
621 Sheridan Street | Port Townsend, WA 98368
360-379-4450 | dcd@co.jefferson.wa.us
www.co.jefferson.wa.us/codecompliance
owner must also submit a schedule for removing or obtaining ‘after-the-fact’ permits, not to exceed two
years. The submitted schedule would need to be reviewed and approved by DCD by August 18, 2025.
By entering into this VCA you are acknowledging that:
a. the county may enter the property and inspect the premises as may be necessary to determine
compliance with the voluntary correction agreement;
b. you waive the right to administratively appeal the existence of the conditions and the fact that
they constituted a nuisance; and
c. If a notice of noncompliance is issued and not successfully appealed, you are subject to and liable
for any remedy authorized by this chapter, which includes the assessment of the monetary
penalties identified in the voluntary compliance agreement and an assessment of the costs
incurred by the county to pursue compliance with this chapter (such as, legal, administrative,
hearing, removal, and incidental costs), and the suspension, revocation or limitation of a
development permit.
Right to a Hearing or Administrative Appeal Waived: By entering into a voluntary correction agreement,
you voluntarily and knowingly waive the right to a hearing or administrative appeal before the hearing
examiner, under this chapter or otherwise, regarding the matter of the violation or the required corrective
action. However, a notice of noncompliance with the voluntary correction agreement may be
administratively appealed to the hearing examiner under JCC 19.35.015 or JCC 19.40.015.
Effect of Voluntary Correction Agreement. Upon entering into a voluntary correction agreement, you
admit that the conditions described in the voluntary correction agreement existed and constituted a
violation; and agree that if the director issues a notice of noncompliance, and if the notice of
noncompliance is not successfully challenged through administrative appeal, that you are liable for the
monetary penalty available under JCC 19.30.010. You are liable for the costs incurred by the county to
pursue compliance with this chapter and to abate the nuisance, including legal and incidental expenses as
provided for in JCC 19.30.020 and is subject to all other remedies provided for in this chapter.
Extension and Modification. The director may grant an extension of the time limit for correction or a
modification of the required corrective action if you have shown due diligence or substantial progress in
correcting the nuisance, but unforeseen circumstances have made full and timely correction under the
original conditions unattainable.
Failure to Meet Terms of Voluntary Correction Agreement.
(a) Notice of Noncompliance. If this department determines that terms of the voluntary correction
agreement are not completely met, the director may issue a notice of noncompliance. The notice of
noncompliance shall also include the monetary penalty to be imposed based upon the failure to
comply with the voluntary correction agreement.
(b) Appeal. Any person responsible may appeal the facts and conclusions described in the notice of
noncompliance as provided by JCC 19.40.015
JEFFERSON COUNTY
CODE COMPLIANCE
621 Sheridan Street | Port Townsend, WA 98368
360-379-4450 | dcd@co.jefferson.wa.us
www.co.jefferson.wa.us/codecompliance
(c) Abatement, Costs, and Penalties for Noncompliance. If the director issues a notice of
noncompliance and the notice of noncompliance is not successfully challenged through appeal as
provided by JCC 19.40.015, then:
(i) The department may abate the nuisance in accordance with this chapter without the person
responsible being issued a notice of violation, stop work order, or notice of violation and order
of abatement;
(ii) The person responsible shall be assessed a monetary penalty commencing on the date set
for correction in the notice of noncompliance and thereafter, in accordance with
JCC 19.30.010 or the penalty provisions of the voluntary correction agreement, plus all costs
incurred by the county to pursue compliance with this chapter and to abate the nuisance in
accordance with JCC 19.30.020.
(iii) You may be subject to other remedies authorized by this chapter.
If you agree to these terms, please indicate your agreement by signing and dating below. Thank you for
your cooperation.
Respectfully,
Code Compliance Coordinator
Jefferson County
621 Sheridan Street
Port Townsend, WA 98368
Phone 360-379-4462
I agree to the terms outlined above.
NAME Date
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