How to approach resolving an enforcement
Ok, you built or dug or cut down something without talking to the County or City. Personally, I’m a fairly risk-averse rule follower so this happens more than I like to think. But I see you out there.
Someone called it in and now you’re facing not only a fine and enforcement action, but you don’t know how to go about retroactively permitting something that’s already happened.
Here’s what I recommend to my clients:
Don’t ignore the notice of a code violation or enforcement action. It will not just go away, and often your fines are tied to days that you’re not in compliance. Ignoring a notice could cost you a lot of money (and angst).
Don’t contact the agency until you know the facts. Gather all your permits, site plans, photos, and correspondence. If you made changes without permits, document what was done and when. Read the code citations and understand the rules.
Remind yourself of what you have in common with the City and County, and that they’re people just like you. I took a course, one of the most useful of my undergraduate studies, about environmental mediation and we read a book called “Getting Past No” by William Ury. The tactics are useful in all areas of our lives. It’s important to remember and even verbalize what things you agree on with all parties you’re negotiating with. We all love living living in the Pacific Northwest and protecting our natural resources. Part of how the state and many agencies protect those resources from a tragedy of the commons is through code.
Be honest about what happened. No negotiation or repairing can happen until you admit that you did something you shouldn’t have, whatever your reason is. We can see aerial images, photos from your neighbors, visiting the property, and permit records so it’s not going to be possible for you to hide that you cut down some trees or built a new structure.
Call a professional early. Being proactive when you receive a notice goes a long way with coming to an amenable resolution. Land use consultants can help you interpret the notice, navigate the process, and open a productive line of communication with the agency. If you wait until the 11th hour to phone a friend, it may not be enough time for us to define and charge a clear path forward for your situation.
Land use consultants can help in the event you find yourself with an enforcement action. We can assemble a team to help with mitigation plans, as-builts, and can be the direct communicators with jursidiction representatives. Sometimes it helps de-escalate and work toward a resolution to have a third party support these conversations and to help you understand the options you have.
If you’re ever unsure of what you can do on your property, I always recommend asking the jurisdiction. It costs nothing and saves you a lot of money and heartache in the end.
