County releases restrictive covenant on Emerson property after code compliance corrections

The Wasco County Board on Wednesday approved termination and release of a restrictive covenant recorded in 2013 against a property at 198 South Lakewood Road, owned by Russ and Sharon Emerson, after county code‑compliance staff reviewed evidence that the violations identified in 2013 had been corrected.

Code Compliance Officer Ted Volner told the board the original 2013 enforcement case found two illegally connected 30‑amp electrical services and a septic cleanout installed contrary to county code; after an enforcement hearing the county recorded a restrictive covenant that required correction prior to any transfer of the property.

Volner said the owners asked in March 2025 to remove the covenant and supplied photos showing the electrical outlets had been disconnected and capped and the septic cleanout had been glued and buried. Volner confirmed the corrections did not require additional building permits and that staff and building-code services judged the work sufficient to meet the covenant’s intent. Volner recommended termination and release and presented a recording document from county legal counsel.

Commissioners discussed the potential for owners to later reinstall disconnected components and were told the covenant had not specified the extent of removal in 2013; staff checked with building services and confirmed the current repairs (capping electrical, sealing and burying the septic cleanout) did not require additional permitting. Volner said if the systems were reinstalled in the future, that would create another compliance case.

The board voted unanimously to approve the termination and release of restrictive covenant document (code compliance case 2013-003825; file code NFDash13Dash04Dash2Dash0026). The property owners will be responsible for recording costs and related fees.