The Island County Health Department has enforced three separate ultimatums for the Oak Harbor Safeway to fix the seagull-caused health concern.

Earlier this month, the county food safety team found a large seagull population on the Safeway roof and enforced the removal of any dead birds. While some customers have been concerned about fecal particles escaping from the air vents, these claims are unfounded, said Heather Kortuem, environmental health manager.

The problem boils down to a nuisance, she said, which is the level that the department is enforcing it. Strong nuisance odors can cause customers to experience nausea, headaches or vomiting, but if there was an imminent health hazard the county would shut the store down.

The first step, Kortuem said, was consulting with the U.S. Fish & Wildlife Service, as seagulls are protected under the federal Migratory Bird Treaty Act. Following seagulls’ established protections, they could enforce clean-up measures.

Aug. 23, a contractor shut off the air system, as the store’s heat ran around the clock with a door open to the roof, so the air was bypassing any filtration. Then, the store was given three ultimatums: seven days to ensure the heat system is not associated with other ventilation systems and can remain off while the roof is cleaned, 10 days for the roof to be cleaned and 30 days to install deterrents to discourage gulls from nesting in the future.

These deadlines have been given in line with food licensing requirements, but anything beyond that — such as ventilation concerns or general cleanliness of the building or property — falls under city of Oak Harbor code.

Magi Aguilar, the city’s communications officer, did not respond to questions regarding possible code violations and what Oak Harbor has done or plans to do.

Dan Barrett, store director of Oak Harbor’s Safeway, said he could not comment on the seagulls around the store.

Seagulls battle for the best spot atop the Oak Harbor Safeway Thursday afternoon. (Photo by Sam Fletcher)