‘Chronic nuisance’ properties condemned in Hoquiam

Nuisance properties are more than just a nuisance. They can create serious health and safety issues for entire neighborhoods.

The City of Hoquiam has made such properties a priority, and its code enforcement officer, building department and the Hoquiam Police Department teamed late in January to condemn two homes, one on Eklund Avenue, the other on Karr Avenue.

“We have five department focus points,” said Police Chief Jeff Myers. “Number 3 is chronic nuisance abatement. It’s been our focus and our mission to work with the building official and code enforcement officer to address those chronic nuisance locations.”

The city put money in its 2019-20 biennial budget to amp up its code enforcement activities, and now has a full-time enforcement officer, Dorian Wylie.

Chronic nuisance properties are often, but not always, connected with drug activity.

“These two addresses have had complaints to both the police and the city,” said Myers. “Both locations have been visited numerous times for a variety of issues.”

The owner of the home in the 300 block of Eklund Avenue has been cited more than 30 times for violations of various kinds, including a back yard full of garbage. To date he’s racked up some $8,500 in violations, according to city sources.

“Accumulated waste, a variety of very serious health and safety issues,” said Myers, “for the occupants and also the immediate neighbors.”

The proximity of homes next to one another punctuates the immediate impact on neighbors. “These homes were old mill homes,” said Myers. “They were built literally the width of a car apart.”

The house in the 100 block of Karr Avenue has been considered a nuisance property for 2-3 years, said Wylie.

“A lot of junk, solid waste, abandoned vehicles,” said Wylie.

The owner of this property, a local who now lives on the other side of the Cascades, has been renting out the place.

“This is a rental property that’s gone through a series of renters and occupants that have come and gone over time, and there have been complaints about drug activity and problems related to the house,” said Myers.

Condemnation usually comes after utilities have been shut off. In the Karr Avenue instance, Wylie said over the span of several years the address would have water for a month or two, then it would be shut off for lack of payment. He said the city had responded a couple of times since June, before condemning the property Jan. 28. He added the water there had apparently been turned back on since the posting.

Myers, Wylie and comments from neighbors on social media indicate the Eklund property had no water for some time, and there were complaints from neighbors about having water taken from their residences. After the home was condemned Jan. 28, the property owner did contact the city and an arrangement was made to allow the property owner until Feb. 7 to abate the nuisance.

In a letter dated Jan. 31 to the property owner from city building official Lon Howell, violations included lack of potable water and garbage service, lack of heat, and accumulation of combustibles and hazardous or insanitary premises. The notice states the residents can only enter the house between 8 a.m. and 5 p.m., and only to fix the violations.

Come Friday, “the building official will call for an inspection of the interior and exterior of the structure to verify that repairs have been made, deficiencies have been eliminated, the utilities have been restored, and that it is safe to occupy,” read the letter. If the problems are not corrected, inside and out, the property will be completely condemned and no one will be allowed in for any reason, said Wylie.

If it gets to that point, City Attorney Steve Johnson said the city’s uniform code really gives only one option, to tear down the house.

The homeowner “is given the order to repair it if it’s repairable or demolish it, and they are given 30 days generally” to comply, said Johnson. The homeowner can appeal that decision to the city’s building code council, made up mostly of contractors and carpenters, all volunteers.

“If he doesn’t appeal it, the order would become final and then the city would have the option of paying a contractor to go in and demolish it and putting a lien on the land,” said Johnson. Demolition depends in part on the city having the funds to pay for it. The city could recoup demolition costs from the property owner if the property is sold.

Reports about nuisance properties come from several sources, including the police.

“We’ve always partnered closely with the building department and if we see violations we invite them to come and inspect,” said Myers.

“Sometimes the Finance Department lets us know,” said Wylie. “Once they turn off (services) they have 10 days to pay, then they are forced to close it. A lot of times it’s from neighbors telling us.”

Contacting the police for criminal complaints and the code enforcement officer is critical to making the nuisance property laws in the city work. It’s a process, and neighbors of properties such as these discover it can be time consuming and frustrating.

“I try to tell people it’s a process, and in the end it does come through,” said Wylie. “In the meantime I know it looks like nothing is happening or going on, but there are some time frames and different hoops we have to jump through. Give us some time, and be patient, and most of the time it does come through.”

The process is dictated by the city’s municipal code. In the case of the Eklund property, Wylie said the city issued a chronic nuisance notice Nov. 4, saying the owner had 10 days to abate the nuisance, “or at least come into the office and give us a plan on what you are going to do to make it come into compliance.”

The 10 days came and went. Wylie returned to the property Nov. 21 and wrote the standard $250 infraction for non-compliance with the order. By city code, that fine is issued every day the property is out of compliance, or until the property owner arrives at an arrangement with the city.

Because that property owner did not respond to the municipal court citation, he was charged with a misdemeanor. The police went with city enforcement officers to the address, because of the history of complaints with the police, and the property owner was arrested for the misdemeanor and the home condemned Jan. 28.

In this case, the owner was released, but the following day police heard there were people again at the residence. Three were arrested, including a woman who had heroin in her possession, said Myers.

“Usually once it gets to the misdemeanor side, they usually respond and clean it up or at least call me and say they need time,” said Wylie.

The idea behind the law is to promote healthy and safe neighborhoods, and to give the city some leverage in gaining the cooperation of property owners to take care of their property.

“It’s also important to remember that most complaints are resolved as soon as the city brings the owner on notice with the corrections letter,” said Myers. “That’s the intent, to seek voluntary compliance to solve the problem. It’s seldom that these things turn into full-blown criminal cases.” He said these aren’t the only two properties the city is looking at either. There are many more in the process of chronic nuisance abatement.

Sometimes, other factors may make it difficult for a property owner to maintain their property, in which case there are things citizens can do to help.

“We’ve also had people that either because of economic or physical limitations were unable to address it, and church groups and neighbors come to assist,” said Myers. “It’s one of the benefits of Hoquiam I’ve experienced here, people are willing to help out” if it’s understood the property owner legitimately needs assistance.