County issues deadline for local company to get permits or face unspecified consequences
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RIGBY — Jefferson County Commissioners have issued an ultimatum to a local company demanding they come into compliance with county ordinances.
Challenger Pallet and Supply made its way into the news after a group of neighbors claimed the company has taken away their right to live peacefully. Since then, a detailed report has emerged showing that Challenger failed to get permits for the equipment the neighbors are complaining about.
Now the company is facing a deadline to apply for permits or the county promises further action will be taken, although they are not specifying what that action is.
“Since the structures were not permitted and at least one structure exceeds the allowable height limit, you will need to file for a ‘Conditional Use’ permit for these structures to determine if they will be allowed to remain in use,” Planning and Zoning Administrator Kevin Hathaway wrote in a letter to Challenger.
That letter gave owners Tad Hegsted and Kelly Bennion until Aug. 10, to apply for the permits. During a recent Commissioners meeting, Chairman Brian Farnsworth revealed Planning and Zoning, along with the county’s legal department, decided to extend that deadline to Sept. 6.
“They wanted to just make sure that they had plenty of time and opportunity to sufficiently prepare for and apply for permits,” Hathaway told EastIdahoNews.Com. “We wanted to do it as soon as possible because it is a critical thing to us. But we are trying to be reasonable and give them plenty of time to respond.”
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Hegsted told EastIdahoNews.com he did receive the letter from Planning and Zoning but said the matter is being looked into by his company’s attorneys.
“We need clarification on the laws and requirements — what law that they’re citing that we need permits and what ordinances they’re requiring permits for equipment,” Hegsted explained. “All three things that they’re saying that they need permits for are equipment. So we’re asking them to clarify where that’s stated in the law.”
In a previous interview with Hegsted and Bennion, they told EastIdahoNews.com they believed county permitting ordinances only apply to buildings, not equipment. They have the required permits for all of their buildings.
The homeowners were not pleased about the decision to extend the deadline arguing the county should at the very least shut the equipment in question down until permits are obtained.
“This is a health and safety issue,” Snake River Estates Home Owners Association President Tom O’Riley told the commissioners. “If someone was pouring material into the Snake River, I can guarantee you they wouldn’t get 30 days to keep doing it. It would immediately be stopped.”
O’Riley went on to show the commissioners a video he said was recorded on Aug. 10 showing sawdust blowing out the top of Challenger’s dust collection system directly into Snake River Estates. The dust collection system is one of the pieces of equipment that does not have the permits Planning and Zoning says it needs.
“Looking at it from the standpoint that we don’t have the data to prove what you’re saying,” Commissioner Scott Hancock said. “You can show that (video) but that doesn’t say that it exceeds certain standards. We don’t have that proof.”
The homeowners argued that the proof is shown in the 42-page report created by Planning and Zoning.
“I confirmed there was migration of material, noise, sawdust, and light issues (along with) general safety, quality of life issues, and potential fire safety issues, in my visits to the site,” Hathaway said in the report.
At the end of the commissioners meeting, one of the outspoken homeowners against Challenger Jay Hill asked the commissioners what they planned to do if the company failed to apply for the permits.
“I want to go to the Sept. 6 deadline to see if they’re going to come into compliance or to see if they’ll come to the table with us,” Farnsworth said. “If not, then we’ll look at it at that time.”