Opt-outs lead to ethical dilemmas

By BRIAN WALKER

Staff Writer

COEUR d'ALENE — Nearly a month into Kootenai County's new opt-out option on building permits — and now last week's election, which could reverse the direction as soon as January — there continues to be inquiries and discussions before the commissioners.

Community Development Director David Callahan told the board on Monday that his inspectors have found themselves in an ethical dilemma when they check on some sites and setbacks and also happen to see sloppy construction by property owners who have voluntarily opted out of the building permit process.

Therefore, Callahan asked, and was granted, permission from the board to allow inspectors to kindly suggest ways to property owners to improve safety when they come across such situations.

"We are already seeing things that are obviously unsafe and the inspectors would at least like to be able to knock on the door and suggest an alternative," Callahan said. "We would like to be able to contact the owner and, with the utmost diplomacy, suggest ways to improve safety.

"We don't feel comfortable to just ignore it."

Site and setback reviews by county inspectors occur even if property owners choose to opt out of the building permit process.

Commissioners, including Bob Bingham, who was the author of the opt-out program, were sympathetic to Callahan's request.

"Trying to help citizens should always be a good thing — if what we're doing is truly helpful," Bingham said.

Commissioners gave Callahan and his inspectors permission on the condition that the property owner doesn't have to act on the guidance.

Callahan said that as of Monday, the county had received 91 total opt-out applications since the program went into effect three weeks ago. Forty-one of the applications are for single-family homes. The program went into effect April 30.

Callahan said his department has been hopping since the program started, but hasn't gotten to the point he plans to ask for hiring another staff member.

Once the newness of the program wears off, Callahan said he expects the pace to return to about what it was before opt-out was implemented.

Further, Bill Brooks, who defeated Marc Eberlein in last week's primary and has no opponent for November's general election, presumably taking the seat in January, and Chris Fillios could rescind the opt-out program altogether.

With that political stage set, Larry Spencer, executive director of the Idaho Property Owners Association, asked commissioners at Monday’s meeting to create a process that would extend the voluntary opt-out program through development agreements so a new board couldn't rescind what has been been approved for the property.

"It gives certainty to the property owner to not have the rules changed (after the agreement is signed)," said Spencer, adding that the development agreements would have a fee to be determined.

Commissioners didn't make a decision on Spencer's request, but the tone of the discussion didn't appear to be favorable.

"Kick it around; see what you think," Eberlein told the other commissioners.

Fillios let it be known at the meeting what he thought.

"What you’re doing is you're trying to circumvent the political process," Fillios told Spencer. "You're trying to tie the hands of the future board."

Spencer fired back: "I'm trying to protect property owners so they can build in the future."

Callahan said he doesn't believe such development agreements are necessary.

"Building permits, once issued, can be good for decades," he said. "I have never tried to intercede on that. Once you're in, you're in. I'm not going to tell people that they are not approved anymore."

The opt-out program is available only to property owners who are planning to build or improve a residential structure on property in unincorporated Kootenai County. Property owners who apply to opt out still are required to meet state requirements for electrical, plumbing and mechanical permits. Panhandle Health District and fire district requirements still apply as well.