Loading...
HomeMy WebLinkAboutCOM2018-00156 Chimacum HeightsLQ JT,FFERS(1'j'N COUNTY Immt" WTT'Llugm �Wllvj 101 621 Sheridan Sti-eet Port Townsend, WA 98368 MIMI Chimacum Heights LLC Attn-. James E. Jackson P.O. Box 1105 Port Hadlock, WA 98339 Debra Murdock, Code Compliance Coordinator Administrative Appeal of Notice of Violation 2131�� .� After reviewing the Jefferson County Department of Community Development Staff Report and examining available information on file with the application, the Examiner conducted a public hearing on the request as follows: The hearing was opened on May 11, 2021, at 2.15 p.m. Parties wishing to testify were sworn in by the Examiner. The following exhibits were submitted and made a part of the record as follows: SEE ATTACHED INDEX LIST W The Minutes of the Public Hearing set forth below are not the official record and are provided for the convenience of the parties. The official record is the recording of the hearing that can be transcribed for purposes of appeal. DEBRA MURDOCK appeared, presented the Department of Community Development Staff Report, and testified that the site is located at 1313 Irondale Road in the RR1:5 zone classification. The appellant has engaged in development and clearing within a landslide area and a shoreline area and has not obtained approval of a stormwater drainage facility. The parcel is located within the jurisdiction of the Jefferson County Shoreline Master Program and work therein has received no permits. The appellant has also installed a septic system without permits and is allowing parking and driving over drainfields. The drainfields are also be used in an over capacity manner. The violations also include additional properties and the activities have created a nuisance. Other property owners were also issued a NOV. These properties are owned by appellant's son who has agreed to bring the parcels into compliance. Since the appellant did not respond to the County agreeing to a site visit, she obtained a search warrant that resulted in the filing of the NOV. The appellant has made no effort to resolve the violations, but his son is in voluntary compliance. Violations on the 1313 site include clearing and developing within the shoreline jurisdiction without permits and violation of the building code by constructing a laundry building within the shoreline jurisdiction. However the applicant has since removed an attached shed. An additional violation includes the onsite septic system and a building violation for the RV pad, The septic system is on the appellant's site, but also serves two additional parcels. ROGER PARKER appeared and testified that he no longer works for the health department, but submitted a declaration to Ms. Murdock, He now works for the Department of Health Wastewater Management. He was alerted to a violation on Irondale Road on August 18, 2020, and visited the site at 1241 Irondale. During the site visit he observed multiple connections to the septic system on 1313 and had received no RV application. Multiple RVs were hooked up to the system. Also he noted water service lines installed. On November 18 he sent a violation notice to Mr. Jackson regarding the septic system. He also noted that the overall site that consisted of several parcels looked like an RV park. He received a letter from Mr. Jackson dated December 18. He also received additional complaints regarding the RV park. On August 28, 2020, he and Ms. Murdock performed a site inspection from the road. He saw multiple RVs and vehicles on the site and abutting parcels, but he could not see the septic disposal system. Multiple properties with RVs were connected into a septic system at 1313 Irondale. The septic system was approved in the 1990s for one three bedroom home. He also noted vehicles driving over the line between the house and the drainfield. The septic line was also within five feet of the waterline. Upon questioning by MR. JACKSON, MR. PARKER acknowledged that 1241 and 1313 Irondale are separate parcels. The complaints began with 1241, but subsequently included 1313. Mr. Jackson is correct that the complaints started at 1241, and that said parcel is PM under separate ownership. Upon questioning by RANDON DRAPER, deputy prosecuting attorney, MR. PARKER testified that he had received complaints about multiple RV parks, He did not know about the separate ownership. There were two septic systems, a new one on 1241 and an old one on 1313. There were three parcels involved, JAMES JACKSON, appellant, appeared and initially refused to affirm that he would tell the truth, but eventually agreed that he would not tell a falsehood, Under those conditions the Examiner allowed him to testify. He submitted a public records request to the County and noted that action must be taken within five business days, However, he received no response. He is personally innocent of all the violations as he has not been found guilty by any judge and jury. The County cannot override his constitutional rights. Therefore he can't agree with the County's allegations that he is guilty of code violations. Such is true even if he is charged by the County prosecutor, He then questioned MS. MURDOCK regarding the search warrant and asked whether she had any evidence that he refused to allow her access to 1313. MS, MURDOCK testified that she was on a phone conference with Mr. Jackson and his son and that she scheduled a site visit for his parcel with his son. At the last minute he changed the meeting place to an offsite location, His son told them there would now be an offsite meeting. Thus, she had no access to the site, He has not responded to the violation. She has sent multiple letters, but has received no responses. MR, JACKSON then testified that he never connected any RVs to the septic system. They were already connected. He performed no clearing as it was already done. The County also advised him to pull out the Scotch Broom. In answer to questions by MR. DRAPER, MR. JACKSON testified that he is allowing a friend to stay in the RV and that he provides $300. per month rent, He has provided him a home in the RV. He has a verbal agreement, but no written lease agreement. He has been there for three to four years. No one else resides on the property, One person stays free of charge and he is blind. He has an invention. He pays no rent, but uses only his facility. He uses a composting toilet; no septic system is in use on the property, If Mr. Draper believes anyone else is there, then prove it in court, He will not answer any further questions. Even though he has filed an appeal, he is refusing to testify and will answer no more questions. He will not answer questions regarding permits or people staying on his property in this proceeding. MR. JACKSON then terminated his testimony, No one spoke further in this matter and the Examiner took the matter under advisement. The hearing was concluded at 3:00 p.m. WN NOTE: A complete record of this hearing is available in the office of Jefferson County Department of Community Development. The Hearing Examiner has heard testimony, admitted documentary evidence into the record, and taken this matter Linder advisement. 2. This Administrative Appeal is exempt from review pursuant to the State Environmental Policy Act (SEPA). 3. Proper notice was provided in accordance with the Jefferson County Code. 4. Chimacum Heights, LLC, (appellant) is the legal owner of two, abutting Jefferson County parcels of property, Numbers 960000108 and 901021016, both of which are located at 1313 Irondale Road, Port Hadlock, in unincorporated Jefferson County. Both parcels (site) are located within the Rural Residential I DU/5 Acre (RR1:5) zone classification of the Jefferson County Code (JCC). The manager of Chimacurn Heights, LLC, is James E. Jackson. Neither parcel is improved with a habitable structure. 5. Commencing August, 2018, the Jefferson County Department of Community Development (DCD) began receiving complaints that appellant's site was being used as a recreational vehicle (RV) park, that clearing and development was occurring without permits, and that potential septic system violations were occurring. In June, 2020, DCD inspected the site from Irondale Road and confirmed the presence of multiple RVs on both the site and on adjacent parcels. DCD attempted multiple times to communicate with Mr. Jackson to arrange a site visit. Finally, during a conference call that included Mr. Jackson's son, DCD, the prosecuting attorney's office, and the Health Department, Mr. James Jackson agreed to an in - person site visit on August 14, 2020. Mr. Jackson subsequently changed the site visit date to August 28, 2020, and all parties agreed thereto. However, on August 26, 2020, two days before agreed visit, Mr. Jackson advised that he would not meet on the site, but would meet instead at an offsite location. DCD and the Health Department declined an offsite meeting. 6. On August 28, 2020, Debra Murdock, Code Compliance Coordinator, and Roger Parker, Environmental Public Health Specialist, viewed appellant's site from Irondale Road and observed occupied RVs, buildings constructed without permits, solid waste violations, and shoreline violations, Specifically, Ms. Murdock observed approximately three RVs and a building constructed without permits on the 1313 parcel, W 7. Due to the inability to access the site Ms. Murdock in coordination with the Jefferson County Sheriff's Office obtained an administrative search warrant on September 23, 2020, from the District Court for Jefferson County, Washington. Ms. Murdock and Sergeant Brett D. Anglin, a Commissioned Detective with the Jefferson County Sheriff's Office currently assigned as a narcotics detective, visited the 1313 site. In his Declaration In Support Of Search Warrant Sergeant Anglin wrote- - - The client has reviewed the documents and conducted a site visit to the three properties described above (1241, 1270, and 1313 1rondale Road). The site visit, which was based upon a street view of the properties, indicated that there are multiple recreational vehicles on the properties and structures... In an effort to attempt to mitigate the actual issuance of a search warrant in this case, the client contacted James Jackson on 09-21- 2020 at approximately 1120 hours, During this conversation, Jackson advised that he does provide housing for individuals that are having difficulty locating housing within this County on their own. Jackson advised that he provides the location either free of charge, or very affordable to assist with low income housing.... S. Following the inspection on January 6, 2021, in accordance with the warrant, DCD issued a Notice of Violation (NOV) to Chimacum Heights, LLC, and Mr. Jackson. The NOV asserts that public nuisances exist on the site due to violations of the onsite sewage code and the land use code. Violations of the onsite sewage code observed on Parcel 960000108 (1313) include: A. Installation of septic components without permits. B. Parking and driving over the septic drainfield and reserve drainfield areas. C. Use of the septic system by multiple RVs that exceeds its design capacity. D. Use of the septic system is not consistent with septic permit conditions. 9. Land use code violations observed on appellant's parcels include: A. Use of the two, 1313 parcels as an RV park. B, Development activity and clearing within the shoreline jurisdiction with no permits. sm 91 � �! ff** � � � D. Development activity and clearing with no stormwater management permits. 5X 10. The NOV was subsequently amended on April 27, 2021, to provide the correct code citations. The Amended NOV sets forth the actions necessary to resolve both the septic and land use code violations. DCD requested but Mr. Jackson refused to enter into an agreement to voluntarily correct the onsite violations, Instead, Mr, Jackson wrote - I have reviewed your "Notice" [NOV] and find it lacking credibility, beina erroneous and not applicable. Therefore, I am sending the document back to you.... 11. In addition to his testimony presented at the hearing, Mr. Jackson also submitted an extensive, 12 page, handwritten appeal, The Examiner has read Mr. Jackson's appeal that includes the following points: A. His son owns the parcel at 1241 Irondale Road and the initial complaints and investigation focused on that address, not his property at 1313 Irondale Road. However, Mr. Jackson's son has agreed to voluntarily correct the violations on his parcel at 1241 Irondale Road, The investigation into the violations on 1241 revealed the violations on 1313. B. Mr. Jackson asserts that prior to the search warrant he had no written or verbal communication from DCD or anyone regarding access to his property. However, the file is replete with correspondence to Mr. Jackson with references to phone calls and agreements to meet on the property. Mr. Jackson asserts that he contacted members of the Board of Commissioners who refused to become involved. C. Mr, Jackson asserts that DCD has accused him of criminal activity, but no criminal charges have ever been filed. He also asserts that his property is not zoned RRI -5 but provides no evidence to support the allegation. The zoning map shows 1313 within the RR1:5 zone. D. Mr. Jackson denies that he is operating an RV park on his parcels, but also acknowledges that he is allowing people to reside in the RVs and that he is collecting a minimal amount of rent. E. Mr. Jackson asserts that he has geotechnical engineering reports and County approvals that allowed the development activities on 1313 by the previous owner, and that he has done nothing in violation of previous approvals. He asserts that he has done nothing on the site except pull weeds, and further asserts that the structure is not of sufficient size to require a building permit. However, he has not provided any permits for the work performed by the previous owner, and DCD has no record of either shoreline or site development permits for either parcel. W F. Mr. Jackson asserts various violations of his constitutional rights and questions the legality of the JCC. Such issues are beyond the jurisdiction of the Examiner. Jacksonadversely affect other parcels and are therefore not a nuisance.However,o- requiresrequire a finding of damage to others to establish a nuisance, but only r exists, r The Hearing Examiner has jurisdictionand decide the issues presented by this request. 2. Section 19.10.015(36) JCC defines "Nuisance", which definition includes "civil code violations". Section 18.10.180 JCC sets forth the following definition: "Recreational Vehicle Park" means a commercially developed tract of land in which two or more recreational vehicle sites are established as the principal use of the land. In the present case DCD has established that two or three RVs are present on the appellant's site, and that the appellant collects rent from at least one of the RVs. Thus, since no single-family residential dwelling is located on the site, an RV park is its principal use. The site is located within the RR1:5 zone classification of the JCC that requires a conditional use permit for a RV park. Appellant has not acquired such permit, and therefore its use of the site for a RV parr is a civil code violation and constitutes a nuisance. 3_ Development and clearing within the shoreline jurisdiction has occurred with no permits in violation of JCC 18.25.540, 18.25.020, and 18.25.060. While a previous owner may have conducted development activities and clearing, appellant is responsible for the condition of the site and must remedy the violations. Furthermore, neither appellant nor previous owners acquired shoreline, site development, or stormwater management permits in violation of JCC 18.30.070 and JCC 18.30.060. Again, appellant has the responsibility for the condition of the site and to acquire appropriate permits. The above unperrnitted activities are civil code violations and constitute a nuisance, 4. Appellant did not respond to allegations regarding improper use of the onsite septic disposal system violations as set forth in JCC 8.15.060, 8.15.080(1), 8.15.070, and 8.15.150. Violations include installation of septic components without a permit, parking and driving vehicles over the primary and reserve drainfield areas, over -use of the septic system, and violation of septic permit conditions. Violations of the 7X Health Code are civil code violations and constitute a nuisance. Hearing Examiner w