Kootenai County directs written notice, sets March 13 deadline for Windsong Lane easement owner after repeated code violations

Kootenai County commissioners directed Community Development staff on Feb. 27 to deliver a written notice to the owner of a 1.3‑acre recorded easement on Windsong Lane, setting a compliance deadline of March 13, 2025 and warning that legal action would follow if the owner did not remove debris and other materials.

Craig Davidson, Deputy Director of Operations, told the Board that the parcel "is basically a recorded easement and it's about a 1.3 acre" parcel and that the county has taken possession of the property on multiple prior occasions because of tax issues. Davidson said the county has documented three code enforcement cases, including temporary RV occupancy, recorded nuisance/garbage violations and an outstanding zoning infraction related to unsecured domestic fowl. The notice of violation for rubbish and debris was recorded Feb. 14, 2025; the zoning infraction was due to be recorded March 14, 2025, Davidson said.

David Callahan, Director of Community Development, said the county treasurer has sold similar parcels at tax sale and that some parcels later proved unsuitable for private ownership because they are road easements or otherwise unbuildable. "This property is unbuildable. It's a road easement," Callahan said, adding that when such parcels are sold at tax sale the county would normally advise that they be sold to abutting neighbors rather than to a private party.

Code Compliance Supervisor George Sepulveda inspected the site earlier in the week and confirmed remaining debris, fabric, fencing materials and mattresses within the easement. Davidson said the RV that previously occupied the parcel had been removed and that the owner still owes fees; the county's main enforcement focus, he said, is the rubbish and garbage left on the easement. Davidson described possible enforcement options under the county's code, including continued recorded status, setting a date certain for compliance, initiating an enhanced civil penalty of up to $1,000 per day, or initiating a notice of intended legal action.

During deliberations, Commissioners discussed steps to ensure adequate notice. Commissioner Eberlein said phone contact was insufficient and recommended providing a written list of specific items to be removed, leaving a copy at the property and attempting personal service or mailing to a relative the county has on file. Commissioner Duncan said he supported issuing notice of legal action now and adding the $1,000‑per‑day penalty if the owner returns and reoccupies or increases violations. Chair Metoyer summarized the direction: staff should issue a written notice with a specific removal list, set a compliance inspection for March 13, 2025, and, if noncompliant, file the March 14 notice and proceed with legal action.

The commissioners did not take a formal, recorded vote on a penalty amount during the meeting; they gave staff direction to pursue written notice and legal action if the March 13 inspection shows noncompliance. The county also noted that the easement's status and sale history will be reviewed by department heads and commissioners to consider whether such parcels should be handled differently at tax sale in the future.

Next steps: Community Development staff said they would prepare the written notice and make sure it is issued by Monday; March 13, 2025 will be the compliance inspection date. If the owner has not complied by the inspection, staff will file the recorded notice on March 14, 2025 and proceed with enforcement as appropriate.