What to expect if you receive a property code violation notice

THE DALLES — For a county employee whose department issues letters no one wants to receive, Ted Palmer says his mission is fairness and empathy.

Spearheading the county code compliance department covering all unincorporated areas of Wasco County, Palmer aims to address property code violations through a collaborative process.

“We approach every situation with compassion and understanding and knowing that everyone’s situation is unique, different and trying to take all factors into consideration on a case by case basis,” Palmer said at a Wasco County Board of Commissioners meeting on July 17.

This presentation came at the request of Commissioner Phil Brady after a March 20 report to the commissioners seeking direction for updates to the code compliance ordinance. After hearing from several citizens who were concerned about private property rights, the commission directed the department work on draft revisions to the code, clarifying language and procedures without making substantive edits. This draft will be presented to the board of commissioners in December or January.

Voluntary compliance is the program’s main goal, Palmer explained, adding that more serious enforcement procedures, such as liens, are reserved for extreme situations.

Wasco County code compliance department began in the 1950s when the zoning ordinance was administered by the county’s building inspector. Over the decades, the program evolved, with significant milestones including the adoption of the Solid Waste Ordinance in 1989 and the Code Compliance and Nuisance Abatement Ordinance in 2009.

At the commissioners meeting, Palmer explained the county’s process for addressing out-of-code properties, and what residents can expect if they receive a letter from his department.

“We understand that navigating code compliance can be daunting,” he said. “Our goal is to make the process as transparent and supportive as possible. We’re here to help residents understand their responsibilities and work towards a resolution that benefits everyone.”

The program spends most of its time on land use and its permitting cases. Palmer outlined the current priorities:

Priority 1: Land use activities with significant health and safety issues or structures not meeting standards.

Priority 2: Land use and nuisance activities with health and safety issues.

Priority 3: Nuisance violations posing potential health and safety hazards.

Severe safety and structural issues at Priority 1 take up 70% of code enforcement staff’s time. To illustrate, Palmer described a recent situation with an unpermitted addition.

“This addition was structurally unsound and posed a serious risk to the occupants,” he said. “We worked with them to bring the structure up to code, ensuring their safety.”

For land use and nuisance-level violations with health and safety implications, the program spends 20% of its time on Priority 2 cases, and 10% of its time on Priority 3, which is primarily junk accumulation.

Wasco County Community Development Director Kelly Howsley-Glover explained that junk accumulation cases are not a greater priority for the program because these scenarios are often linked to mental health, drug and alcohol issues that the planning department does not have the tools to case manage.

She noted that new evidence in the literature indicates that penalties can often aggravate junk accumulation.

“We understand it’s distressing to live next to somebody who accumulates junk, but it’s not going to be the bulk of how we manage and spend our time because we know in reviewing the literature, the tools and resources we have at our at our fingertips [are] really not appropriate to really deal with issues that are at hand,” she said.

Since 2009, penalties for violations have remained relatively unchanged. They include:

Solid waste and junk: $280 per day

Vehicles: $100 per day

Land use and zoning: $280 per day

Land use with dwellings/structures: up to $2,000 per day

Maximum penalties for nuisance violations can reach $10,000, while land use violations can accrue up to $20,000 or the assessed value of the structure, whichever is greater.

Voluntary compliance process leaves time for remediation or appeal

The compliance process begins when a resident sends the county a completed, signed complaint form either online or at the county office. Anonymous complaints are not accepted, and all complainant information is kept confidential unless compelled by a court order.

“Most of our complaints come from neighbors who are concerned about various issues,” Palmer said. “For example, we had a case where a neighbor reported an illegal septic installation. This not only violated land use codes but also posed a significant health risk. We coordinated with North Central Public Health to address the issue promptly.”

Once a complaint is received, Palmer’s office then investigates the claim, reviewing permit information and/or visiting the site, depending on the type of violation.

Once an out-of-compliance case is identified, the county sends five notices with 15 days between each one: first, a courtesy letter, followed by a notice of violation, then an order to correct, notice of failure to comply, and finally, an order to abate.

“The initial contact letter is meant to be non-accusatory and really just to open up those conversation pieces with property owners,” Palmer said. “We aim to work collaboratively with residents to resolve issues without escalating to enforcement.”

At any point during this time, the resident can enter into a remediation plan with the county called an “abatement agreement”. If a resident believes the complaint is invalid, they can utilize three opportunities during the notice period to appeal the violation.

If no response is given following an order to abate nuisances, a hearings officer will review the evidence and potentially enact penalties.

An abatement agreement is a flexible, but binding plan

The county works with residents on a case-by-case basis to provide a timeline to correct violations. These abatement agreements are flexible but binding, often extending the time a case remains active to allow for compliance in stages.

Palmer noted that about 11 cases are currently in abatement agreements, with a few additional cases under review.

“In one recent case, a resident was struggling to clean up a property with significant junk accumulation,” Palmer shared. “We established an abatement agreement that allowed them to address the issues in manageable steps. This not only helped the resident comply, but also improved their relationship with their neighbors.”

The code compliance program works closely with several partner agencies, including the Wasco County Sheriff’s Office, North Central Public Health, Building Codes Services, Department of State Lands, Oregon Department of Forestry, and the Oregon Department of Fish and Wildlife.

Reports to these agencies are made in cases of health and safety concerns, such as illegal septic installations or improper sewage disposal.

“We rely on our partners to handle specialized issues,” Palmer said. “For example, if we discover a case of illegal dumping, we immediately coordinate with the appropriate environmental agencies to ensure the issue is resolved properly.”

Palmer noted that time is offered on a discretionary basis to help accommodate residents’ situations. He noted that even in a recent case in which a hearings officer assigned penalties, the resident was given more time to remedy the violations.

However, in the most extreme circumstances, cases have not been brought into compliance for more than a decade.

According to the March 20 presentation, two long-standing land use cases have lasted four and 10 years, while five long-standing nuisance cases have lasted three and 13 years.

If the homeowner does not respond to penalties, the county can put a lien on a property and obtain a warrant from the circuit court to go onto the property and abate the infraction.

Howsley-Glover brought up a particular longstanding case which prompted the department’s pursuit of revisions to the compliance ordinance.

She indicated that the revisions aim to make the enforcement process clearer for staff and members of the public so cases won’t continue to extend across many years like some of these long-standing cases.

“As you can imagine, that’s involved a lot of legal contact, it’s involved a lot of outside consultation, and support which comes at a cost to Wasco County, the organization but also the taxpayer,” Howsley-Glover said.

Commissioner Scott Hege urged the public to ask questions about property codes now.

“I have a bunch of firewood around my property, it’s never been a problem before, it probably won’t be a problem in the future,” Hege said, indicating that residents who have concerns about the code should speak with county staff.

Palmer is planning a future open house in October and maintaining regular office hours for residents to discuss their concerns.

For more details on the code compliance process or to report a violation, residents can contact Ted Palmer directly through phone at 541-506-2564 or email at tedp@co.wasco.or.us, or visit the code compliance booth at the upcoming county fair.