||| FROM MICHAEL DURLAND |||
SJC County Code has a procedure for appealing decisions you do not think follow County Code: 18.80.140 Appeals. At first it seems a daunting procedure but with careful reading, assistance from County employees, and some advice from one who has done it before it can be done without hiring an attorney.
I felt I had sufficient reasons and knowledge and documentation to appeal my neighbors after-the-fact building and change of use permit to change a barn into a guest house. The barn was a pole building sitting 17” from my property line in the shoreline. During my Shoreline Development Permit process in 1986 the builder of the barn admitted to County officials that he built it illegally too close to the property line. As an illegal building it could not be remodeled and could have been torn down. I agreed to let it stand as a buffer between the residential property and my proposed industrial property. The Compliance Plan the neighbors were given stated the barn had a building permit. A recent Department Head also documented before the Courts that the official position of SJC was that a building permit had been issued and the required setback was ten feet from the property line.
During my appeal I was told my boundary line moved, I was told private agreements supersede County setback regulations, I was intimidated by County attorneys, I was served two Notice Of Violations threatening fines and removal of my development permits, documents that helped my case were withheld from me and the Courts or ‘lost’, I was told I had to get a building permit for a container when no building permits were required for containers, a ‘Suggested Outline’ showed up in County files that reeks of witness tampering and attorney malfeasance, I was banned from talking to Council members. When the County realized that I would prevail if there was a building permit for the illegally built barn they argued before the Courts that there was “No evidence of a building permit…”
We need a change of leadership on the County Council. Rick Hughes has been in office throughout this appeal and he has listened to my concerns but done nothing. The County Charter states duties of the Council – “Section 2.31 – Executive Powers and Duties (c) Ensure that all actions of the County are compliant with all San Juan County codes, laws and procedures… “ I can cite numerous violations of the above Duties of the Council. Council actions and non actions are vigorously defended by their attorneys spending your money so it is very rare that actions like this are brought to light or that the official is charged.
Citizens must rely on the honor and trustworthiness of their elected officials. This is why this election is important. I invite Bill Watson, Jamie Stephens, and Rick Hughes to stand up to their Oath and the Charter and investigate actions of this County and to reach out to me to discuss my concerns.
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Michael:
From your narrative it sounds like you have ‘issues’ with a lot of people, neighbors, organizations, SJ County, attorneys – and all three SJC Council members.
What or Who is the common denominator in all of these relationships?
I am glad to learn that Rick did not abuse his office by intervening on behalf of an aggrieved property owner. That is not a council member’s role, and his involvement in substantive outcome would have been improper. Council members are not free lawyers for those with issues with their neighbors.
The fact that Rick Hughes listened to your complaint is to his credit. The fact that he expected you to hire a lawyer to proceed as the law provides rather than that he improperly interfere in a pending proceeding is also to his credit.
I take exception with Bill Appel stating that Rick Hughes and the Council did not abuse the office of County Council. If a citizen cannot depend on the statements and documentation of County Department Heads then who can they depend on. As you see above the Council duties are to “Ensure that all actions of the County are compliant with all San Juan County Codes and procedures” I asked in Council session for the Council to address the contradiction between their Department Head and their attorney and was ignored. Who is right here, The Department Head who supplies documentation of her decision or the Council attorney who litigates to prevail at all costs? I invite Rich Hughes and his partners on the Council to answer that question. I do not think the majority of County citizens would agree with you that they should have to hire an attorney to defend a Department Head decision in order to protect their property rights from an encroaching neighbor.
In answer to Joseph J. Cohen, there were two sides to this relationship. The County Department of Community Development who have stated for over 30 years and provided documentation that a building permit was issued and for the barn in question and that it was built illegally without required setbacks and the Prosecuting Attorneys Office, with the blessing of the Council, who argued the opposite with no documentation. Ask your Council member Rick Hughes who he thinks is the common denominator.