Cheney police department Capt. Rick Campbell explained to the city’s Planning Commission at its Feb. 12 meeting why it’s a good idea for residents to make sure their grass is mowed and yards are free of debris.
Campbell has been handling code enforcement duties since the department took over the responsibility from the fire department in mid-2016. The intent was to move away from a complaint-driven approach to enforcing compliance with the city’s list of 18 designated property nuisances to one that is more proactive — and it’s paid off.
From Jan. 1, 2015 to May 31, 2016, the city processed 143 code violations. From June 1, 2016 when the police department took over the task to Dec. 31, 2017, 1,121 violations have been dealt with.
The penalty for a resident not addressing a code violation, once being notified, is $513 per violation per day. Consequences for putting off dealing with a violation can therefore add up.
“Pretty rapidly, I’m going to approach the value of your house in citations,” Campbell said.
If monetary fines don’t fix the problem, the city’s process can lead to abatement measures, liens on the property and even confiscation. Campbell said none of the citations he’s issued have gone that far, with most property owners responding immediately to notice letters, adding the intent of enforcement is to get compliance, not collect fines.
Of the 662 cases handled in 2017, all but six were taken care of by owners quickly after receiving the letters.
“The six were buildings in foreclosure,” Campbell told the commission. “Eventually, five of the six were sold to new owners who took care of the violations.”
Campbell’s area of code enforcement focus as he drives around Cheney runs from the street to the building. Anything attached to a structure in violation of code is forwarded to building inspector Shane Nilles.
If there are occupancy issues, Campbell sends those to senior planner Brett Lucas, and anything that might run afoul of fire code goes to fire department battalion chief Ken Johnson. Most code issues are listed under Cheney’s Municipal Code, with those not addressed covered under the International Property Maintenance Code which was adopted by the city.
Commissioner Dan Turbeville questioned Campbell on what is being done regarding parking issues, noting street parking — particularly around residences where college students “live 12 to a room” and on narrow streets — can interfere with snow plowing, creating hazards.
Campbell said parking enforcement falls to the police department and he does issue citations when he sees violations. Department volunteers often go out and mark the violators too, and the vehicles can and have been towed if not moved.
“We heard lots of comments during hearings about (residential) occupancy,” Commissioner Rick Mount said. “How many calls do you get a year?”
Campbell said he wasn’t sure, but “anecdotally, 10-12.” Cheney’s code specifies “A dwelling unit may be occupied by only one family or functional family plus a number of unrelated persons” depending on the dwellings zoning. Single-family residential homes allow for one unrelated person.
“Under the Cheney Municipal Code, it’s really difficult to prove,” Campbell said, adding that under the IPMC, it’s clearer.
Public Works Director Todd Ableman said the international code defines occupancy as the number of bedrooms in a residence and an allowable number of people per a square feet. City Administrator Mark Schuller added the city is currently having its attorney Stanley Schwartz review those codes for legality and feasibility of implementing.
“I’m all over that,” Turbeville said.
John McCallum can be reached at jmac@cheneyfreepress.com.
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