Yard Birds Comes Into Partial Compliance With City Code, Though Questions Still Remain About Future Hurdles

Posted

Owners of the Yard Birds shopping center building have staved off legal challenges, for now, after satisfying a number of short-term compliance requirements brought by the City of Chehalis.

But more work will need to be done to bring the quirky and beloved shopping center into compliance with city code, and that’s left a number of questions for residents of an on-site RV park, the city and the owners.

“I think, so far, they’ve made good progress and showed good faith that they’re taking this seriously and that they’re trying to address the issues,” said Josh McDrummond, a permit technician with the City of Chehalis building and planning department, who noted that there’s still “a lot to be done there.”

A notice of violation and order to abate was originally posted on the doors of the shopping center Tuesday, Dec. 14. The order detailed a number of building and permit violations, as well as a number of requirements to be satisfied within 24 hours. The owners and managers can no longer allow people on its second floor after questions were raised about its use as a storage area. It must discontinue all residential use of storage units and any large gatherings. Long-term residents not allowed by city code are being evicted.

Owners were also required to post a notice at the building’s entrances that entering could “pose a significant risk to health, safety and life,” and city officials later voiced heavy concerns about the deteriorated nature of the building.

With concerns temporarily eased, work appears to be underway addressing the larger issue of the nine city code violations that for years reportedly went unaddressed by the property owners and unnoticed by city leadership.

From the date of the abatement issuance, Yard Birds has 60 days to correct its inadequate fire suppression system, provide the city with engineering reports on the second floor space which is currently supporting too much weight and has reportedly changed use, and fully evict RV tenants from the property.

“Some of the things (the city) has asked about take time,” said Yard Birds operator Brent Eaton, who’s in agreement to take over ownership of the shopping center. “We’re doing everything moving forward to come into compliance.”

A structural engineer has since visited the building to look at the second floor integrity of the structure. Eaton said they’re currently waiting on a report from the engineer to get the “hard numbers” to determine the actual weight capacity.

Contracting a professional to look at the capacity for fire suppression — which Eaton said has only ever been expanded or upgraded once since the building's construction — is taking longer than anticipated.

Eaton, 52, said he’s still confident in the structural integrity of the second-floor area and said he believes it can hold much more than the limit the city claims it can based on its current usage.

The situation surrounding the RV park and its permittance remains confusing.

Eaton, who claims things weren’t “exactly paperwork perfect” when he took over operations in January 2020, said this week they’ve been busy “digging up old permits” to determine what length of stay was permitted for RV tenants.

He claims Yard Birds had been permitted to offer 30-day leases, with the option of allowing tenants to legally go month-to-month. The city claims any stay longer than 14 days constitutes “permanent habitation” and thus goes against existing city code on recreational vehicles.



There has been some talk among residents about the possibility of the site being “grandfathered in” prior to the existing code on recreational vehicles and zoning, but it’s unclear if any such clause could exist in this circumstance.

Regardless, the situation remains dire for some of the dozen or so residents who live at the Yard Birds RV park. Eaton has given the residents until January to vacate, though he expects some may stay afterwards with nowhere to go. Many have begun making plans to leave.

Brian Graham, 65, has lived at Yard Birds for more than eight years in his camper. In 2009, he suffered a debilitating stroke and had to relearn to walk, he said. He’s been on dialysis the last five years and has a hard time getting around.

He’s been traveling up to Virginia Mason Medical Center regularly with hopes of receiving a kidney transplant. His son was driving him up to the hospital earlier this month when they hit black ice and crashed his car.

They eventually got home later that day. On his camper was taped the eviction notice from the City of Chehalis.

“If I can’t get housing, a homeless shelter. I could go to my son’s girlfriend’s for a week, that’s all they can allow (me to) stay there. I might end up at my sister’s if this is all need be,” Graham said. “But, you know, after all that I would be homeless.”

He has been looking for a studio apartment, but there have been some hurdles with getting assistance from local housing resources. His income is drawn solely from Social Security; finding work after his medical incident became nearly impossible, he said.

Paying $400 a month at Yard Birds has been “easy and handy,” Graham said.

“Some people bring in less than $1,000 a month, less than $800, $900 a month, so rent is perfect for them. There aren’t any low-income places around here,” said one resident who asked to remain anonymous. The person works as a truck driver and is looking at purchasing a house after January.

Willard Gabbard, 85, is retired and also lives at the park. When he first saw the eviction notice, he said he thought about fighting it. He told The Chronicle earlier this month that his housing options were few.

After further consideration, he said he’s now thinking about moving with his brother, who lives in Lacey. He still has the month of January to find housing, though, and he said he’s been keeping a positive outlook on the situation.

“That’s where it’s at,” he said.

But Gabbard said he's ready to “saddle up and go. I’m not going to mess with it.”