Chelan County Resolution No. 2020-42

A Resolution Allowing Pre-Existing Home Sales Agreements to Proceed During the Stay Home Stay Healthy Proclamation

WHEREAS, on February 29, 2020, the Governor of the State of Washington issued Proclamation 20-05, proclaiming a State of Emergency for all counties throughout Washington as a result of the COVID -19 outbreak in the United States and confirmed person-person spread of COVID-19 in Washington State; and

WHEREAS, the Governor of the State of Washington found that the outbreak significantly impacts the life and health of the people of the State of Washington, as well as the economy of Washington State; and

WHEREAS, on March 17, 2020, the Chelan County Board of Commissioners declared a State of Emergency in Chelan County due to the COVID-19 outbreak (Resolution 2020-32); and

WHEREAS, on March 23, 2020, the Governor of the State of Washington issued Proclamation 20-25, which amended 20-05, defined permitted and prohibited activities, and ordered non­essential businesses to cease operations at midnight of that day; and

WHEREAS, on March 27, 2020, the Governor of the State of Washington issued a memorandum providing for Real Estate and Mortgage guidance in the context of essential activities; and

WHEREAS, the Governor recognized that some construction activity was necessary to prevent detriment to essential activities, and also to prevent damage or unsafe conditions regarding nonessential businesses and residential structures, and thus provided further guidance via Governor’s 03/25/2020 guidance memorandum regarding construction pertaining to Proclamation 20-25.

WHEREAS, the Governor of the State of Washington recognized the potential for significant legal liability and displacement for thousands of people in transitional mortgage and real estate transactions, and approved such real estate transactions as essential activities subject to certain restrictions and limitations (Governor’s 03/27/2020 guidance memorandum re: Proclamation 20- 25).

NOW THEREFORE, the Chelan County Board of Commissioners, do hereby proclaim that current, pre-existing home sales may proceed to build completion as an essential activity under the Governor of the State of Washington’s guidance subject to the following conditions:

  1. A signed affidavit stating there is an existing Purchase and Sale agreement or Real Estate contract for a single-family residence only and an issued building permit on or before March 27, 2020 must be provided.
  2. Due to rising lake level (spoliation) of the Lake Chelan controlled reservoir, seawalls, piers/docks that require pilings or concrete foundations that have building permits issued on or before March 27, 2020 are eligible for consideration.
  3. The Director of the Community Development Department will then determine if said building is at a stage where spoliation may occur if the construction is discontinued.
  4. An authorization letter will then be issued by the Chelan County Community Development Department and will only be applicable to projects referred to in (1) and (2).
  5. Property viewings, inspections, appraisals and final walk-throughs shall be arranged by appointment only, and be limited to two people at each occurrence. Inspections may require additional measures as required by the building inspector.
  6. All persons on site must observe social distancing guidelines and applicable health and worker protection measures, as per Governor Inslee’s Proclamation 20-25.
  7. County authorization letter must be posted on site.
  8. Chelan County inspections and authorization to continue work does not supersede nor waive the obligation of the applicant to meet permitting requirements or approvals of other agencies of jurisdiction.
  9. This Resolution may be rescinded or superseded any time at the direction of the Chelan County Board of Commissioners.
  10. Nothing herein is intended to be inconsistent with Governor Inslee’s Proclamations 20-05 and 20-25.

Dated at Wenatchee, Washington, this 14th day of April, 2020.

Chelan County Resolution No. 2020-42 PDF