News Release 2002-10
October 1, 2002
Enforcement for Barge Landing at Jackson Beach
The San Juan County Permit Center issued a Notice of Violation for the barging of a home to San Juan Island on Tuesday, October 1, 2002. The Notice of Violation was issued to Nickel Brothers House Moving USA, Inc., the moving contractor and Friday Harbor Sand & Gravel Co., the owner of the barge-landing site at Jackson Beach.
"A Notice of Violation is like a citation," said Prosecutor Randall K. Gaylord. "It informs the land owner of the conduct that violates our land-use code, and provides a citation to the rules involved, and, in this case, orders that barging be stopped," Gaylord added.
"A Notice of Violation is appropriate in this instance," said Gaylord. "The County Commissioners, in adopting the land-use code enforcement provisions, specified that enforcement should begin with education, and then impose civil penalties. Criminal penalties are reserved for instances where intentional violations continue and civil penalties have been ineffective," said Gaylord.
"People should expect to comply with land-use codes. We expect compliance, and hold people accountable when they don’t comply," added Gaylord.
The facts of this case are complicated. The mover came to the County Permit Center and asked about the rules required to barge a house from Lopez Island to San Juan Island. Based upon the instructions from the Permit Center staff, they obtained a Hydraulics Permit from Washington State Department of Fisheries. On September 5, 2002, an exemption determination was granted by the Permit Center for landing on the shoreline at Jackson Beach. Based upon these approvals, the contracts were signed and the house moved.
On Thursday, September 25, 2002, John Brookbank of Griffin Bay Preservation Committee, filed an appeal of the exemption. Under a new rule that took effect in July 2002, the appeal had the effect of staying the determination that the house move was exempt from any land-use permits.
Gaylord said he considered whether to seek an injunction to halt the move, but determined that the County could not meet the legal standards for that action. Because the conduct involves a one-time move across the beach, it would be difficult to show irreparable harm. In addition, an injunction would unlikely be granted because Nickel Brothers came to the County and followed the procedures set forth by the Permit Center.
"Certainly, I can understand how Mr. Brookbank would be frustrated by the County’s action in approving the exemption, but Mr. Brookbank has received assurances, in writing, that the County will discontinue issuing exemption determinations at the Jackson Beach site," said Gaylord.
The larger issue of barging goods, products and homes to the islands will be presented to the Board of County Commissioners on October 15, 2002. The way the current code is written, barge-landing sites on ferry-served islands are only permitted on urban shorelines. The only urban shorelines on the four ferry-served islands are Roche Harbor, Friday Harbor, and Richardson on Lopez Island. "Other sites, such as Jackson Beach, are subject to the rules governing non-conforming uses," added Gaylord.
Randall K. Gaylord
San Juan County Prosecuting Attorney
350 Court Street, 2nd Floor
P.O. Box 760
Friday Harbor, WA 98250
(360)378-4101