Mason County is not enforcing two ordinances which could make a huge difference. Learn more below.
Mason County is not enforcing two ordinances which could make a huge difference. Learn more below.
We all know the properties which contribute to the problem. People living in tents, cars, or RV's, surrounded by trash, and -- if we're lucky -- using a porta potty for sanitation. Cars and/or people coming and going at all hours. Drug use. Sex trafficking. Aggressive behavior. Disrespect for the personal and property rights of others. Intimidating long-term residents into becoming home-bound hostages in their once-pleasant neighborhoods.
Two ordinances are on the books which, if enforced as written, would significantly reduce the number of these problem properties. But Mason County Community Development is choosing to blanketly not enforce these codes. The stated reason: fear of increasing homelessness.
Per the July 23, 2024 Board of Health minutes: "Ian Tracy [Mgr, Environmental Health - Mason County Community Services] discussed the Sanitation Policy which is to provide guidance to staff and ensure consistency around non-permitted living conditions i.e. tents, recreational vehicles (RVs), campers, sheds, cars etc. Currently there is no support to prosecute these cases." Note that the County Commissioners hold seats on this board and Randy Neatherlin is the Chair.
Washington State health code (WAC 246-272A-0240) prohibits permanent residential usage of porta potties. Only temporary, emergency usage is permitted. Mason County sanitary code, specifically MCC 6.76 (On-Site Sewage Regulations) cannot be less strict than WAC 246-272A due to a subordination clause at 6.76.050(4). This means Mason County is violating state law and its own local codes when it allows these properties to use a porta potty for sanitation instead of installing a proper septic system.
Mason County's RV Park ordinance, MCC 16.22, requires that RV's set up in permanent fashion be permitted as residences. This process would require meeting certain building codes AND installing a permanent septic system. This code contains ample protections for property owners simply storing their RV or having family and friends visit on a short-term basis.
Absent enforcement of these codes, people are moving out here with just a car or RV and not enough money for a septic or to properly support themselves on rural land. Many have underlying addiction problems. Decrepit properties tend to attract crime and further local deterioration. For the majority of these residents, enforcement of these codes will lead to one of two outcomes: 1.) either they will comply with the codes or 2.) they will move back to housing they can better afford, such as a mobile home/RV park or an apartment. After all, we don't get to live beyond our means just because we really want it. What will remain is a much smaller subset of people who are truly on hard times -- and we can better focus our resources on helping them. Perversely, by not enforcing these codes out of a well-intentioned desire not to increase homelessness, Community Development is actually attracting the problem from neighboring counties. Word has gotten out on social media that you can move here with just an RV because, "Mason County lets you." If not corrected soon, we will be dealing with this issue long after neighboring counties have righted their ships.
Enforcing these codes will also result in fair taxation of these properties. Currently, by not making these properties install septic tanks or pull building permits, the parcels remain taxed as "vacant land" regardless how many people are living on them. They pay less than their fair share of taxes despite frequently consuming more than their fair share of community resources. That loss is compensated for by increasing taxes on the rest of us. In the end, the taxpayers of Mason County wind up subsidizing the lifestyle of these problem residents.
Community Development is not the legislative branch of County government; though they have discretion to determine whether or not to enforce code in a specific instance, they may not blanketly choose to disregard an ordinance. They are only able to do so because the current County Commission is turning a blind eye. But the Commissioner seats come up for election every four years, and the opportunity for change exists. VOTE FOR COMMISSIONERS WHO CARE AS MUCH ABOUT YOU AS THEY DO THE ADDICTS. Scroll to the bottom of this page to read what each of the current Commissioners and each candidate has to say about this specific issue and click the links to email them your thoughts.
Would it surprise you to know that your governmental officials have a form of qualified immunity provided by something called the "Public Duty Doctrine?" Per that doctrine, if the county government owes a duty to "all" citizens, then it effectively owes a duty to "no one" -- meaning you cannot sue for damages resulting from governmental action/inaction when the government is acting in a purely governmental function, such as code enforcement. There are four narrow exceptions which are difficult and expensive to prove.
By blanketly failing to enforce the cited provisions of the septic and RV codes, Community Development has opened itself up to a lawsuit for a writ of mandamus -- a judge's order requiring them to enforce the codes. Such a lawsuit would be expensive and the plaintiffs would not recoup their legal fees. Further, because code enforcement officers have a form of "prosecutorial discretion" in which they can pick and choose when and when not to act on specific cases, the plaintiff's specific code violations would still likely go unaddressed in retaliation following issuance of a writ of mandamus. In other words, 1.) Environmental Health would still likely find that a porta potty sited uphill from a travel trailer is receiving waste water despite the surrounding clay being soaked with grey water and 2.) code enforcement would still contort themselves in order to find that a retired WSDOT trailer stamped as a "Commercial Coach" inside the door frame (per the Washington State Factory Assembled Structures Division) and with the letters "WSDOT" painted across the door is somehow an RV and not a Commercial Coach -- without even performing a site visit.
When governmental officials so obviously flaunt their duties, political change is the only viable remedy.
For those in situations which cannot wait, the law does provide a viable, though expensive, solution -- a nuisance lawsuit. Some code violations meet the criteria for such a lawsuit -- such as a neighbor whose sewage disposal methods have the potential to pollute your own well. Expect to pay tens of thousands of dollars in legal fees and be forewarned that generational trash tends to know what levers to pull to drive up your costs -- including using code enforcement's lack of action as a defense. This is not a solution for most people. But all Americans have the ability to vote.
No response to repeated inquiries. Incumbent since 2013. Has been in power as this situation deteriorated, supported Community Development policies which made it worse, and therefore bears responsibility. Was given an opportunity to correct course in the 2024 election but ignored our concerns. Up for reelection in 2028 and is our #1 target to unseat.
Supportive of Enforcement
"It is time to expect more from your government ... The reason we have government ... is to protect your rights and one of those key rights is your property rights ... If we do not enforce these laws, does that mean that people get to pick and choose which ones to follow?"
Elected in 2019; up for reelection in 2026. Now is a good time to determine where Ms. Trask stands on this issue such that her position can inform your vote.
Contact Ms. Trask at 360-427-9670 x 419 or by filling out the email form at: https://www.masoncountywa.gov/commissioners/index.php
Stance to be Determined
Stance to be Determined
But it Doesn't Have to be this Way. Those who came before us gave us the tools to fix this, and they are codified in law. Enforce the laws on the books; restore our quality of life.