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HomeMy WebLinkAbout1993/09/24 - Board of Health MASON COUNTY BOARD OF HEALTH APPEAL HEARING SEPTEMBER 24, 1993 An Appeal Hearing of the Board of Health was called to order at 10:04AM by Chairperson Mary L. Faughender. ATTENDANCE : Mary L. Faughender, Chairperson William O. Hunter, Board Member Laura E. Porter, Board Member Amos Gordon, Appellant Brad Banner, Health Services Director Mike Tokos, Environmental Health Specialist Chairperson Faughender explained to Mr. Gordon the procedures for conducting an Appeal Hearing. As each participant began, they would be sworn in. A Staff Report on the situation would be presented first, then Mr. Gordon would have the opportunity to respond. Each party would then have time for additional response, and finally there would be an open forum time for any additional comments or questions from the Board. At the conclusion of the hearing the Board would adjourn, then advise Mr. Gordon as to when the Board would present its' Findings and Conclusions in writing to him. Mike Tokos, Environmental Health Specialist, 7442 Yolanda Dr., Olympia, WA 98512, was swom in. He noted the Board would be hearing the appeal of the Mason County Dept. of Health Services Health Director's orders requiring that Mr. Gordon abate solid waste related physically hazardous public health threats on his property located on Cedar St. off Highway 106 in Mason County. The regulations governing the issue include state regulations WAC 173-304, Minimum Functional Standards for Solid Waste Handling as adopted by Article 9, Mason County Solid Waste Handling and Facilities Ordinance; and WAC 173-304-190. Mason County Article 9 Policy Statements further define what constitutes satisfactory solid waste handling, and determinations are made using a Public and Environmental Health Threats Assessment Sheet. Mr. Tokos then presented Exhibit A, the sheet entitled Public and Environmental Health Threats - Residential Solid Waste Risk Assessment, that was used to make the determination on Mr. Gordon's property. A score of 4 or greater received on the assessment denotes a health threat that is in need of abatement. The conditions found on the property were determined to present a physically hazardous public health threat. Comments on the back of the assessment described the conditions observed that were used to make the determination. The conditions resulting in the violation included the determination of physically hazardous public health threats due to the physically hazardous conditions; the number of children in the area, reported to be between 40-50; and the uncontrolled, open accessibility of the property. The property is located along the main access road of the Lakewood Heights residential development. There is no residence located on the property to discourage children from entering the property, there is no fencing to restrict access to the property, and there are no nearby residences to monitor children's activities on the property. Mr. Tokos then presented Exhibit CT-C13, 13 photographs of the property. He noted that photo exhibit C12 was taken by him at the beginning of the investigation, with the cars lined up in upright positions. Photographs Cl-Cl l and C13 were taken on September 13, 1993 by_a neighborhood resident. Photo Exhibit Cll now showed that the vehicle on the left was overturned. Chairperson Faughender had Mr. Gordon review the photographs to verify that they were representative of his property. He questioned Photo Exhibit C13, noting that it could have been taken anywhere. The Board concurred and had it removed from evidence. Mr. Tokos stated that conditions on the property resulting in physical hazards included 3 hulk vehicles, which had many sharp edges and broken glass. One vehicle had been rolled over onto its' top since the investigation began. Broken glass was also on Mason County Board of Health September 24, 1993 - Page 2 the ground. Chemical hazards on site included containers of Rustoleum, lacquer thinner and spray paint. A complainant reported witnessing a child pouring lacquer thinner into a lawn mower on site. Mr. Tokos presented Exhibit B, which was a letter from Mr. Tim Wing, President of the Lakewood Heights Homeowners Association, which expressed the neighborhood's similar concerns as the Health Department's regarding conditions on the property. Mr. Gordon has indicated to the Health Dept. his intention to utilize the property as a storage site and to continue to deposit similar materials. Its' the Health Department's determination that the waste handling practices are inappropriate and unsatisfactory, resulting in an attraction to the property and physical hazards for a large number of children who are not yet of an age to be responsible to take the proper precautions in protecting themselves against these type of health threats. Mr. Amos Gordon, 261 Wheelright St., Allyn, WA 98524, was sworn in. He first commented that he had no way to control who traveled along Cedar St. in Belfair. He had taken steps to control access to the property, including posting No Trespassing signs along each side of the entrance and installing a cable across the driveway opening. The cable is 30 inches above the ground and has a piece of reflective tape on it. These measures will inform others .that private property exists beyond the entrance, and he felt that parents should give instruction and guidance to their children regarding respecting private property. He also noted that there was no other cleared access to the property. He totally disagreed with Exhibit A regarding the vehicles being a physical threat. He had rolled one of the vehicles over to remove a part from it. The broken glass and sharp edges of this vehicle were now next to the ground and did not constitute a hazard to any child. He considers the items on his property to be in storage, which he will use and which have value to him. He has covered the broken windshield of the vehicle depicted in photo exhibits C8 and C9 with a piece of carpet to shield them. He had met Mr. Tim Wing, but was unaware of Mr. Wing's concern about the items on his property. Mr. Wing had expressed to him the homeowner's association concern for damage to the street caused by a bulldozer Mr. Gordon had hired to open an entrance into the property; noting that the Lakewood Heights Homeowner's Association had paid for the street. Mr. Gordon stated that the bulldozer had caused no damage to the street. Mr. Gordon felt the Homeowner's Association's intent was racially motivated to harass him, and that the items on his property were not a threat to anyone as long as they obeyed the law and stayed within the bounds of the street they were traveling on. Mr. Gordon presented Photo Exhibit D1-D5, showing the posted No Trespassing signs and the driveway cable. Commissioner Hunter asked when the entry cable had been installed, and Mr. Gordon stated it had been done after the investigation had been started. Chairperson Faughender asked why a bulldozer had been used, and Mr. Gordon noted that there had been a high bank in front of the property, denying access to it. The bulldozer had been used to create a driveway to utilize the property. Mr. Gordon stated that Mason County Solid Waste Policies do not preclude having 3 vehicles on the property. Commissioner Porter asked if the Solid Waste Policy Statement defining State and County Solid Waste Policies contained in the Solid Waste Regulations that the county. adopted were different from the Solid Waste Policies contained in the Solid Waste regulation. Brad Banner, Director of Health Services, E. 230 John's Creek Dr., Shelton, WA 98584, was sworn in and explained that the Solid Waste Policy Statements were the same. When the Board of Health reviewed them, they reviewed them as a separate document, and they were then subsequently incorporated into the policy manual, which also was adopted. Mr. Gordon presented Exhibit E, an envelope of broken glass. He noted that this was an example of the broken safety glass on the ground that came from the car windows, and that it posed no threat to a child, unless it was swallowed. If stepped on, it would push into the ground. Mason County Board of Health 1/ September 24, 1993 - Page 3 Mr. Tokos noted that the Health Department's involvement was in regards to the conditions on the property, and that it wasn't involved with other neighborhood issues or why somebody may have turned in a complaint. The complaint system is a vehicle for citizens to be able to report conditions anonymously. The Department feels that access to the property has not been controlled for the kinds of threats it is concerned about relating to children. The physical hazards remain, including sharp metal and broken glass, reported chemicals on the property; along with future materials that Mr. Gordon has indicated he would like to deposit. The Department feels that children should be counseled by their parents to stay off the property, but at the same time realizes that children of such a young age cannot be expected to not play in an area like this; and that the conditions are creating something that is inappropriate and unnecessary to subject children to. Commissioner Porter asked for clarification of the order from the Department. Mr. Tokos presented Exhibit F, which was the Notice of Violation to Mr. Gordon from the Health Dept. Along with noting the violation, it required the Gordon's to submit a disposal plan and dates for removal to the County, with a deadline for completion no later than August 23, 1993. The Hearing was briefly recessed so that copies of Exhibit F could be made. Chairman Faughender then resumed the Hearing. Mr. Tokos noted that this case was different from others due to the fact that there was no residence on site or nearby to monitor the area. In other cases where there was somebody on site to monitor the situation, the Department might be less inclined to seek abatement. Mr. Gordon noted that Photo Exhibits D2 and D3 showed that someone had cut down the trees along the bank that had helped hide the vehicles, and had chipped the materials and used them for landscaping, thus exposing more of the property to view. Commissioner Hunter wondered if the . cutting had taken place within the street right-of-way. Mr. Gordon noted that the cut trees were L behind the property line stakes. He felt that the measures he had taken would prevent children from V getting hurt, provided the parents do their job as well. Empty alcohol containers found on the site belonged to others who left them there, as he and his family did not consume alcohol. He felt that there was no way to control that, unless he fenced in the area. Commissioner Hunter asked Mr. Tokos if he had observed natural screening during his investigating that had later been removed. Mr. Tokos noted that during his first investigation on June 22, 1993 the trees had been cut. If there had been any further cutting since, he could not verify. He felt that it was not relevant to the conditions being described and the access to them, and felt that having these materials on site was an attraction for people to hang out there and dump items. Commissioner Porter asked the size of the property, and Mr. Gordon replied it was 50' x 100', with 50' fronting on Cedar Street. Chairperson Faughender asked if Mr. Gordon had any plans to build on the property, and Mr. Gordon stated that he purchased it for storage purposes only with no plans to build on it. Mr. Tokos entered Exhibit G into the record for reference, which was Article IX - The Mason County Solid Waste Handling and Facilities Ordinance adopted September 2, 1992. It verified that the State WAC 173-304 referenced earlier had indeed been adopted by the County. Commissioner Hunter asked for the definition of solid waste as Mr. Tokos had referred to it several times. Mr. Tokos referenced WAC 173-304.100 - The Minimum Functional Standards For Solid Waste Handling. It basically included solid materials which are disposed of, discarded of, or not being actively used and which would need repair to be actively used. This could include wood waste, municipal garbage, hulk automobiles and discarded automobiles. r � Mason County Board of Health September 24, 1993 - Page 4 Mr. Gordon noted that he did not have the WAC 173-304.100 document that defined solid waste, though he did ask the County for all documents referring to solid waste. He then presented Exhibit H, which was a County Interoffice Request for complete information on solid waste regulations. According to Webster's definition of waste, it defined it as discarded as worthless, defective, or of no use. Mr. Gordon felt that items on his property did not fall into that category. Mr. Tokos noted that the regulations were referred to in the Violation Notice for Mr. Gordon to access at any public library or public agency that would have them. Mr. Tokos then read WAC 173-304.100, section 73 into the record. "Solid.Waste means all putrescible' and non-putrescible solid and semi-solid waste, including but not limited to garbage, rubbish, ashes, industrial wastes, swill, demolition and construction wastes, abandon vehicles or parts thereof, and discarded commodities. This includes all liquid, solid and semi-solid materials which are not primarily products of public, private, industrial, commercial, mining or agricultural operations. Solid waste includes, but is not limited to sludge from wastewater treatment plants and septage from septic tanks, wood waste, dangerous waste and problem waste." A copy was made for Mr. Gordon. Commissioner Porter asked Mr. Gordon if he was aware of any toxic wastes on his property, such as paints, thinners, etc. Mr. Gordon stated that he was not aware of such materials. Mr. Tokos asked the same question of Mr. Gordon, adding any toxic wastes that may have been placed there by anybody else. Mr. Gordon assured him that he was not aware of any, nor had he placed any there. It was moved by Commissioner Porter and seconded by Commissioner Hunter that the Appeal Hearing be adjourned. The motion passed unanimously and the Hearing adjourned at 10:55AM. The Board advised Mr. Gordon that written Findings and Conclusions' would be sent to him in approximately 2 weeks. Respectfully Submitted, Brent Long MASON COUNTY BOARD OF HEALTH M.L. Faughend4j Chairperson William O. Hunter, Board Member Laura E. Porter, Board Member