Keeping up with the codes

BCheney Police Department Capt. Rick Campbell spent the summer of 2016 chasing a couch around town.

Obviously, Campbell performed other duties, but part of his new role of code enforcement officer had him watching for “free” signs placed on indoor furniture and appliances that are then left along a property’s street side. Doing so is a violation of the city’s municipal code 19.18.050, with violators subject to a possible $513 fine.

Campbell said the couch was quickly taken from in front of a home, only to appear again in a business’s parking lot. It disappeared again, but another couch bearing a striking resemblance turned up in another parking lot — only to again vanish.

“I’m 95 percent certain it’s the same couch,” Campbell said.

Campbell took on code enforcement when the department reorganized in June 2016. Before, former Fire Chief Mike Winters handled code duties, addressing over 600 violations in the three years enforcement was under the department’s umbrella.

Those violations were largely complaint driven. Campbell has taken a more active approach.

Campbell and Volunteer In Policing member Phil Farmer patrol the city in sections, identifying homes not in compliance with one or several of the municipal code’s 18 definitions on what constitutes a nuisance. These don’t include illegal dumping or junk and abandoned vehicles on the street — they have their own subsection.

They’ve had some success. According to department statistics, there were 85 violations processed in 2015, and from Jan. 1 to May 31, 2016, when the police department took over code enforcement duties, there were 58.

From June 1 to Dec. 31, there were 459 violations addressed. Through Aug. 28 of this year, Campbell has closed 275 cases, has 49 active incidents, seven pending, two that weren’t violations, and four tickets — three coming after Aug. 11.

Tickets, however, aren’t the department’s focus.

“We’re not out to write tickets,” Police Chief John Hensley said. “We just want people to maintain their property.”

Hensley was originally skeptical about the department taking on code enforcement. While not unusual, officers usually lack the training and expertise to handle such complaints.

Since taking over the duties, Campbell has been to several training sessions, including those put on by the Washington Association of Code Enforcers.

“Rick’s done a good job,” Hensley said. “All in all, it’s been a very successful transition.”

Campbell said the work has benefited from the city’s adoption in 2015 of the International Property Management Code, which gives additional clarification on violations. Those vary widely and include not only lawn debris and the aforementioned furniture and appliances, but also posting of yard sale or lost pet signs on power poles.

Campbell said the biggest violation area is weeds. When weeds exceed 10 inches in height, he sends a letter requesting compliance, allowing 10 days with which to take action.

Legally, the city is only required to notify the property owners of a nuisance, but the law allows for ticketing not only the owner, but the property manager and the property occupants. A $513 ticket can be issued for every day the property is not in compliance.

Campbell said most owners respond quickly and take care of the issue. If they didn’t realize there was a violation, they ask for time to remedy the situation.

“As long as I have communication and see progress, we’ll work with you,” Campbell said.

The police department isn’t the only Cheney entity doing code enforcement. Campbell said his area of focus is from the city right of way to the structure, with building issues handled either by the building or fire departments.

Campbell also gets calls with alleged land use and occupancy code violations, something he said they pass along to the building or planning departments. Hensley added police probably won’t get to a level of expertise needed to handle these types of complaints, and will keep their main focus on property.

The numbers support the department’s success, but sometimes, a second, more forceful letter is sent before the city begins other remediation efforts. Those remedies include abatement, something Campbell said they have yet to dive into doing.

An extreme example of this took place almost 10 years ago when noncompliance with codes at the former Myers trailer park, now the site of Dow Landscaping and Materials, resulted in the city acquiring the site in a legal settlement.

“That’s code enforcement at its furthest out,” Campbell said. “Again, we’re not about writing tickets, but rather about getting compliance.”

WHAT’S IN THE CODE

Nuisance code violations fall under Chapter 19 of the city’s municipal code, specifically 19.18.050. A brief summation of the 18 definitions are listed below.

(2) b – Deals with accumulations of debris that might constitute a health or fire hazard or physical danger

(4) – Deals with household items left outside or used as outdoor items.

(5) – Vehicles, machinery or their parts not allowed

(11) – Maintaining vegetation along city right of ways including streets and sidewalks

John McCallum can be reached at [email protected].