HomeMy WebLinkAboutPlanning March 31 20151
2
3 WHATCOM COUNTY COUNCIL
4 Planning and Development Committee
5
6 March 31, 2015
7
8
9
10 CALL TO ORDER
11
12 Committee Chair Ken Mann called the meeting to order at 3:00 p.m. in the
13 Council Chambers, 311 Grand Avenue, Bellingham, Washington.
14
15
16 ROLL CALL
17
18 Present: Ken Mann, Barbra Brenner, and Rud Browne
19 Absent: None
20 Also Present: Barry Buchanan and Carl Weimer
21
22
23 COMMITTEE DISCUSSION
24
25 1. BRIEFING ON PROPOSED ORDINANCE ESTABLISHING WHATCOM
26 COUNTY CODE TITLE 19, CODE ENFORCEMENT (AB2015 -116)
27
28 Sam Ryan, Planning and Development Services Department Director, gave a
29 staff report and asked if the Council wants staff to go forward with this item.
30
31 Garrett Faddis, Planning and Development Services Department, answered
32 questions.
33
34 The committee discussed the possibility of recording notices of violation on
35 deeds, the reduced time requirements, criminal penalties, what other enforcement
36 powers the County has, the required type of written notice, and the difference
37 between existing enforcement regulations and the proposed new regulations.
38
39 Greg Kosanke, attorney, stated the Code already includes enforcement
40 actions. The code enforcement officer will have the power to bypass due process.
41 He also questions which violations will get enforced and which won't.
42
43 Perry Eskridge, Whatcom County Association of Realtors, stated he should
44 have been included in the process. This makes lenders nervous about loans they've
45 already issued. Whatcom County's development regulations are too complex for
46 anyone who is not a professional with years of experience. County and legal staff
47 can more effectively manage enforcement cases.
48
49 The committee discussed whether a good, clear process would justify
50 recording the notices of violation on the title, whether the County is now able to put
51 a lien on a property, what happens with an incomplete seller disclosure form, why it
52 would be unfair for someone to suffer the consequences of their inaction, how often
53 buyers don't do due diligence, and whether this is a necessary enforcement
54 mechanism for property owners to come into compliance.
Planning and Development Committee, 3/31/2015, Page 1
1
2 Linda Hinton, Realtor, stated Whatcom County property information online
3 isn't complete in showing whether there are permits. The Whatcom County system
4 needs to be more user - friendly. Don't hold up closings to do County enforcement.
5 The County must fix the current process that isn't working, not create a new system.
6
7 Windon Holeman, Realtor, stated clouding a title is a property taking. The
8 enforcement process is a mess. No one is encouraged to be compliant unless they
9 have substantial investment in the property. A homeowner's title insurance covers a
10 County requirement to take down a structure. He's also concerned about due
11 process.
12
13 Linda Twitchell, Building Industry Association of Whatcom County, stated
14 they must improve the existing process, not create a new one. Don't implicate
15 property titles. The lack of process follow -up is a problem. Look at and learn what
16 the other counties are doing. The 3 -day notice is a problem for people. Allow a
17 longer response period.
18
19 Steve Moore, Commercial Broker, stated this applies also to commercial and
20 any other type of building. Tenants may not get permits for their tenant
21 improvements. That's between the landlord and tenant, and has nothing to do with
22 government.
23
24 The committee discussed what is wrong with the current system, the lack of
25 staff and resources, the Prosecutor's Office not prosecuting enforcement cases,
26 making sure the ordinance reflects that there are enforcement stages, and creating
27 an online system that shows each permit attached to each parcel.
28
29 Tyler Schroeder, Executive's Office, answered questions about planned
30 upgrades to the geographic information system (GIS).
31
32 Mann stated keep this item as a discussion item, and do not enter a formal
33 approval process. Reach out to the realtors. Produce enforcement flow charts so
34 they all understand the process. Get a sample code from Pierce County. Focus on
35 the problems they are trying to solve.
36
37
38 COMMITTEE DISCUSSION AND RECOMMENDATION TO COUNCIL
39
40 1. APPROVAL OF AN EXTENSION REQUEST FILED BY BRAD SWANSON
41 FOR MAYFLOWER EQUITIES, INC. — MONTEREY HEIGHTS (AB2015-
42 122)
43
44 This item was withdrawn from the agenda.
45
46
47 OTHER BUSINESS
48
49 There was no other business.
50
51
52
Planning and Development Committee, 3/31/2015, Page 2
1
2
3
4
5
6
9
10
11
12
13
14
15
16
17
ADJOURN
The meeting adjourned at 4:30 p.m.
ATTEST: r,`�t��tst�rirr�r�rr��r
Dana_Brovyn -Da\f0 -,Coo n.cir Clerk
Jill Nixon, Minnie" ` 'anscription
W HATCO CO
WHAT M CO
n Mann,
UNTY VOUNCIL
7 WASHINGTON
ttee Chair
Planning and Development Committee, 3/31/2015, Page 3