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Code Enforcement Building Department

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Introduction

I would like to share how the Code Enforcement process works and answer some of the questions that the public often asks about the process.

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1. What is code enforcement and why is it needed?2. What department is code enforcement in?3. Code Enforcement Complaint Procedure4. Why is code enforcement reactive and not proactive?5. Why do I have to fill out a form to request an

investigation of violations?6. Why does the process take so long?7. Why does it appear some complaints are enforced

and others are not?8. Why do I have to clean up my property and my

neighbors do not?9. What are some common enforceable examples of

request for investigation?10. What are some common requests for investigation,

not under the jurisdiction of code enforcement?

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What is Code Enforcement?

The Code Enforcement Officer is a zoning official. By comparing actual land use against that which is allowed by the adopted ordinance, the Code Enforcement Officer determines compliance or noncompliance. The purpose of code/zoning enforcement is intended to promote public health, safety and welfare by regulating land use and development, i.e. a business may be out of place in a single-family neighborhood. A large collection of trash and debris on one parcel may affect adjacent parcels etc.

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What Department is Code Enforcement in? Code Enforcement is located in the

Benton County Building Department at

5600 N. Canal Dr. Suite C, Box 105-A,

Kennewick,WA 99336.

Telephone # (509) 735-3500

Jackie Mcwherter is the Code Enforcement Officer and she reports to the Building Department Manager, Steve Brown.

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Code Enforcem ent Com plaint Procedure

C a se is ta ken to theP ro secu to r's O ff ice

a n d c ita tio n is is su e d .

If the o ffe n de r still do e s n o t com p lyth e ca se is a ga in se n t to the

P ro secu to r's O ffice fo r fu rth e r a c tona n d p o ssib le se co n d c ita tio n .

P ro p erty re -in sp ec te d .If the p ro p erty iss t ill in vio la t ion

P ro p erty re -in spe c tedif v io la tio n co rre c ted

ca se c lo sed

If th e p ro p erty is s till inv io la t io n a fin a l n o tice is sen t to the

p ro pe rty o w ne r g iv in g a n o th er1 5 d ays o r a c ita tio n w ill b e is su e d .

P ro p erty re -in sp ec te d . P ro p erty re -in spe c tedif v io la tio n co rre c ted

ca se c lo sed

If p ro p erty is st ill in vio la tion a seco nd no tice is se n t to p ro pe rty

o w n er g ra n ting the m th irty a d d it io na l d ays to co m p ly.

In th irty da ys a re -in spe c tion o f th e p ro pe rty is p e rfo rm e d .

If v io la t io n (s) e x is tsA C orre c tion N o tice is issu e d to th e p ro pe rty ow n er

n o ting the vio la tio n (s ) an d th e co rre c tive ac tion s ne e de d. A th irty da y t im e fra m e is g iven to p e rfo rm th e n e ed e d co rre c tio n s.

Y e s

C o m p la in ta n t is se n t a le tte r sta t ing w hy noco de en fo rce m e nt a ctio n can be taken

C a se is c lo se d .

N o

A s ite v is it is p e rfo rm edto va rify if th e vio la t ion (s ) e x is t.

T h e co m p la in ts a re e n te re d in toth e C od e E n fo rcem en t d a ta b ase .

T h e fo rm a lso req u ire s th e a lle ge d o ffe nd e rsa d dre ss, p ho ne n um be r an d ta x p a rce l n u m b er

T h e fo rm req u ire s th e co m p la in ta n ts na m e, a dd ress an d p h on e nu m b e r.T h e co m p la in tan t ca n o p t to rem a in an o nym o u s.

C o m p la in ts a re f ile d in th e fo rm o f R e qu e st fo r In ves tiga tionT h e y m u s t b e su b m itte d in w ritin g . T h e y a re tu rn ed in by m a il o r pe rson a lly.

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Why is code enforcement reactive and not proactive?

In an effort to be fair, by not singling out individuals or areas, Benton County has

implemented a policy of investigation and enforcement by public request only. In addition, Benton County has just one Code Enforcement Officer. Enforcement

action upon random areas within the County would require more personnel,

resources and legal review for such action.

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Why do I have to fill out a Request for Investigation form? In order to facilitate consistency

and efficiency, a minimal amount of information is required to locate, identify and respond to both the offender and the complainant.

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Why does the process take so long? Requests for investigation are

reviewed in the order received. If the property is found to be in violation of the adopted codes, refer to Code Enforcement Complaint Procedure page number 3 for estimated timelines for compliance and or penalties.

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Why does it appear some complaints are enforced and others not? Enforcement is directly related to

what is adopted and addressed in the Benton County Code. No action can be taken otherwise.

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Why do I have to clean up my property and my neighbors do not?

In order to be consistent and fair, code enforcement action is initiated by public request only. As a result, a request for investigation may not have been filed on the adjacent properties.

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What are some common enforceable examples of request for investigation?

Illegal construction (construction without required permits), trash and debris, inoperable/junk/hulk vehicles, number and type of animals in a specific zone. Use of recreational vehicles as dwellings.

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What are some common request for investigation, not under the jurisdiction of Code Enforcement?

Noise = Benton County Sheriff

Vicious Dogs = Benton County Sheriff

Solid waste = Benton Franklin Health Department

Septic and drain fields = Benton Franklin Health Department

Blowing dust = Benton Franklin Clean Air Authority

Animal Control = currently Benton County has no animal control

Maintenance of access easement = As per Benton County Code 9.04.034 maintenance of access easement is not the responsibility of Benton County.

Weed Control = applicable only to residential, commercial or industrial zones. Not applicable to fences, shrubs or to buildings setback thirty feet or greater from property lines.