Draft junk ordinance has mixed reception

Wahkiakum County got its first glimpse Tuesday of a draft ordinance to regulate accumulations of junk, junked vehicles, vessels and other debris on private property.

A committee led by Commissioner Dan Cothren worked on the ordinance during the past year, and on Tuesday, committee members met with the full board of commissioners and some interested citizens.

The ordinance got a strongly mixed reception, and after a lively discussion, commissioners said they would present the ordinance at a couple community meetings and, perhaps after making changes, put it on an election ballot for a vote.

Work on the ordinance started last year after citizens showed strong support for such a law at community meetings. Committee members said they looked at ordinances from other counties and largely based the current draft on an ordinance from another small county, Asotin.

"The goal," said committee member Leonard Taylor, county enviromental specialist, "is to make it as easy as possible to meet the rules, to help them get to the point they need to be without coming down with a hammer."

Using language from state law, the ordinance defines junk as items "which cannot be used for the purpose for which they were originally manufactured."

Junk vehicle are unregistered vehicles or vessels which are 1. three years old or older, 2. which have extensive damage, and 3. which are apparently in operable.

The ordinance defines solid waste as the outside storage of two or more cubic yards of putrescible and non-putrescible solid or semi-solid wastes such as garbage, rubbish, ashes, sludge and demolition and construction wastes vehicle parts, unless kept in covered bins or recepticals.

With exceptions, the ordinance says it is unlawful to deposit, park store or abandon junk and/or junk vehicles on private property that is visible from outside the property boundaries. Exceptions include vehicles and material stored neatly, behind a hedge or sight obscuring fence or in a building. Also included in the exceptions are inoperable agricultural equipment located on land classified by the county assessor as farm and agricultural land.

Enforcement of the ordinance may be initiated by the responsible county officer through observation or receipt of a complaint given by a citizen or county property owner.

The officer, with permission of the property owner, may enter the property to inspect the site. If permission is denied, the officer will consult with the county prosecuting attorney about further action.

The draft ordinance says, "Failure of the responsible person(s) to grant permission to the Director or law enforcement officer for the purpose set forth [in the ordinance] may be considered as evidence that the responsible person(s) is in violation of this ordinance and as evidence that the responsible person(s) is acquiescing to the violation of this ordinance."

If a violation occurs, the officer will issue a notice of violation and attempt to establish a voluntary abatement agreement with the property owner.

If the situation isn't abated, the officer may issue an infraction. The property owner may request a hearing. Penalties are $125 for first violation, $250 for second violation and $500 for third and subsequent violations.

After due process, the department may have the material removed. Costs of removal and disposal shall be assessed against the responsible person(s).

Chree citizens expressed concern and opposition to the ordinance saying that it infringes on the rights of property owners and also on other grounds.

"I understand there is a need," said Dan Eaton. "I wish there didn't have to be, but whenever you start doing this, you leave people open to harassment, misinterpretation and an expense for the county."

Commissioner Mike Backman voiced strong concerns.

"This creates a path to go on people's property," he said. "Where does it stop? I just don't think I should have the right to tell you what you have on your property."

Backman also expressed concern about confilicts between people about aesthetics.

Committee members tried to address the concerns, saying they had had similar discussions in their meetings and had written the ordinance to address them.

Cothren said he had brought the matter up last year because of comments he had received from citizens who wanted an ordinance. Commissioenrs held two meetings in which citizens support the project. The ordinance had been reviewed by the sheriff and prosecuting attorney. After public hearings, it should go to voters, he said.

"If the people don't want it, it ain't gonna happen," he said.

Commissioner Blair Brady said he shared concerns over property rights but would want the ordinance to have a public vote in order to be adopted.

"We'll set up meetings and go to the ballot," Cothren said.