RSSBig hole problems keep getting deeper
Yakima Herald-Republic
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YAKIMA -- Yakima County regulators and a large orchard owner are in a stare-down over the county's demand that a permit be obtained for the extensive excavation of earth from a hill overlooking Cowiche Canyon.
Owner Z&O LLC, a firm controlled by Evans Fruit Co. owner Bill Evans, contends the dig creating a hole 30 feet deep and 300 feet long is a farming practice and not governed by the building code.
While the firm plans to stabilize the sheer slopes created by the dig -- performed to spread soil elsewhere on the property northwest of the intersection of Vertner Road and 79th Avenue -- it won't submit to the permit process.
The county issued a cease-and-desist order in early April after neighbors complained about the excavation they said created an eyesore, damaged habitat and degraded aesthetic values near the Cowiche Canyon Conservancy, a popular hiking area northwest of Yakima.
The county wants to see a grading plan that would stabilize the hole's walls and avoid erosion that could affect neighboring properties.
Z&O initially agreed to comply and, according to correspondence obtained under a public records request filed by the Yakima Herald-Republic, offered to enter a voluntary agreement to resolve the order.
But the firm changed its mind after reviewing the International Building Code, state law and county codes. Attorneys for the firm informed the county of its decision not to seek a permit.
The firm's stance creates a problem for Dave Saunders, director of permit services for the county.
Saunders said Z&O's attorneys are misreading state law and county ordinance. But he's not ready to seek legal action.
Such action could include criminal or civil penalties or corrective measures conducted by the county at Evans' expense.
"Rather than get into suits and countersuits which could go on for months or years, we would prefer to get them to comply with the law," Saunders said.
He said he hopes additional discussion about the county's authority to act will result in voluntary compliance.
However, such an agreement doesn't appear likely any time soon.
Brendan Monahan, a Yakima attorney representing Z&O, said the county lacks authority to impose measures on his client.
"What we have is a legitimate legal debate about whether a farming entity that performs exclusively a farming activity and that activity is contained on the farm property must obtain a permit under the county building code," Monahan said.
Deputy county prosecuting attorney Paul McIlrath said the county's authority in the clearing and grading of property is plainly outlined in state law and the building code.
"The reason for getting a permit allows us to assess if there is a need for mitigation to prevent erosion or to stabilize the area that is disturbed," he said.
* David Lester can be reached at 577-7674 or dlester@yakimaherald.com.
