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Kootenai County staff consider $1,000-per-day fine for unpermitted three‑story building over aquifer
Summary
Community Development Director David Callahan told commissioners a completed three‑story building near Athol was built without permits or inspections, may house children and sits over an aquifer; he proposed using a $1,000-a-day fine authorized by recent land-use code amendments if owner does not respond after staff outreach.
Director David Callahan told the Kootenai County Board of Commissioners on Feb. 4 that county staff have discovered a three‑story building near Athol constructed without building permits, plan review, or inspections and that neighbors reported children living in the structure.
"We have in my view a very serious situation near the Athol area where a owner has built a 3 story building without the benefit of a building permit or inspections or plan review," Callahan said, adding the county issued a stop-work order and a notice of violation that were not heeded. He said neighbors reported occupancy and that the building "happens to be over the aquifer and we have no idea what the sewage disposal is."
Callahan told commissioners he intends to seek legal remedies with county counsel and cited a recent land‑use code amendment the board approved that allows the director, with board permission or by code authority, to impose fines up to $1,000 per day for ‘‘egregious’’ violations, capped at $20,000. "In this case, I would like to do $1,000 fine to see if that gets this property owner's attention and then proceed from there," he said.
Deputy Director for Operations Craig Davidson said county files show three code violations (one from 2023 and two from 2024) and no record of direct owner contact seeking remedy; later staff noted one contact on Jan. 7, 2025 in which the owner asked what was needed for a permit and was referred to building/plan review. Callahan said no permit has been submitted as of the Feb. 4 meeting.
Commissioners asked about next steps and authorities. Callahan said the amended code authorizes him to act without prior board approval but that he had sought the board discussion before imposing fines. Commissioners directed staff to follow up with the owner and to report status. Commissioner Eberlein suggested exhausting recent owner contact because it occurred in January; Callahan agreed to personally contact the owner, clarify intent, request permission to inspect if appropriate, and return with a status update.
Callahan described enforcement options: withholding building permits until fines are resolved, civil enforcement in district court, and seeking judicial remedies that could include vacating the structure if occupancy presents hazards. He said staff would coordinate with legal counsel to confirm enforcement mechanics and any lien or billing procedures.
No formal vote or fine was imposed at the Feb. 4 meeting; staff left with direction to pursue owner contact, clarify permit status and inspection access, coordinate with legal counsel, and provide a status update to commissioners.
