HomeMy WebLinkAbout02022012 Code Enforcement Board MinutesCODE ENFORCEMENT MINUTES
MEETING OF FEBRUARY 2, 2012
A. CALL TO ORDER
Chairperson Gottschalk called the regular meeting of the Code Enforcement Board to order at 7:00
p.m.
B. ROLL CALL
a. Board Members
MEMBERS ABSENT
Mary Gutierrez Daniel Gottschalk, Chairperson
Dwayne Speer Don Cooper
Dennis Duncan
C. ADOPTION OF MINUTES:
Chairperson Duncan moved, seconded by Board Member Duncan, that the minutes of the January 5,
2012 meeting be approved as mailed. The motion carried unanimously.
D. DETERMINATION HEARINGS:
Chairperson Gottschalk explained the procedure and purpose for the meeting, noting that the City of
Pasco was the Petitioner and property owners and their authorized representatives who had appeared
to discuss the alleged violations of the Pasco Municipal Code were the Respondents.
a. Administration of Oaths
Mitch Nickolds, Inspection Services Manager, asked that all City staff, respondents and
any witnesses who had appeared to offer testimony before the Board be sworn to
truthfulness. Chairperson Gottschalk asked the audience if there were any objections to
any Board Member hearing any matter. There were no objections.
All City staff, respondents and witnesses who wished to provide testimony before the
Board were sworn to truthfulness.
b. Hearings Scheduled
Chairperson Gottschalk advised that the Board was now ready to proceed with the
hearings and asked the City to begin presentation of the cases to be heard.
i. City of Pasco vs. McCledon, Thomas Rvker case number CEB2011 -3374 for the
property at 3702 Stearman Ave
Mr. Nickolds called Debbie Scott, Code Enforcement Officer, to read the case facts into the
record.
Ms. Scott indicated that the cited violation on this property was Pasco Municipal Code
(PMC) 16.04.010 The complete interior demo, reconstruction of walls, mechanical,
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H.
plumbing, electrical, and ceilings. Failure to secure a City of Pasco building permit. Ms.
Scott advised the Board that the violation has not been corrected.
The City recommended that the property owners be given 10 days to correct the violation
or pay a penalty of $100 per day for 10 days.
CODE BOARD DECISION: Board Member Duncan moved, seconded by Board Member
Gutierrez, that violation of the PMC had occurred and were shown by a preponderance of
the evidence. The motion carried unanimously.
Board Member Duncan further moved, seconded by Board Member Gutierrez, be given 10
days to correct the violation or pay a penalty of $100 per day for 10 days.
Mr. Nickolds called Erin Roginski, Code Enforcement Officer, to read the case facts into
the record.
Ms. Roginski indicated that the cited violations on this property were International Property
Maintenance Code (IPMC) 504.1 Plumbing fixtures are not kept in working order or are
not free of obstructions, leaks, or defect, IPMC 602.3 Allowing occupancy of a dwelling or
sleeping unit without adequate heat in all habitable rooms, IPMC 704.2 Failure to provide
smoke detector in all required habitable areas, IPMC 304.13.1 Windows have cracks, holes
or are completely broken out, IPMC 304.13.2 Window(s) is /are not easily openable or
capable of being held in position by the window hardware, IPMC 604.3 Defects to the
electrical system in the structure constitute a hazard to the occupants (i.e. inadequate
service, improper fusing, insufficient receptacle and lighting outlets, improper wiring or
installation, deterioration or damage), IPMC 108.1.3 Allowing a structure that is in
disrepair, lacks maintenance, is insanitary, vermin or rat infested, lacks ventilation or heat,
or other essential equipment or is determined to be a hazard for any other reason by the
code official to be occupied, International Mechanical Code (IMC) 309 Failing to provide
interior space(s) intended for human occupancy with an active or passive space- heating
system capable of maintaining a minimum indoor temperature of 68 degrees Fahrenheit at a
point 3 feet above the floor. The installation of portable space heaters shall NOT be used to
achieve compliance with this section, IPMC 304.10 Stairway, deck, porch, and/or balcony
is not in structurally sound condition or is in bad repair and /or not capable of supporting the
imposed loads, IPMC 304.14 Required bug screen is missing on window or door of a
habitable room, food preparation area, or food service area, IPMC 305.1 The interior
structure or equipment therein in not in good repair, is structurally unsound, or is in an
unsanitary condition, IPMC 305.3 Interior surfaces (i.e. windows, doors, floors, ceilings,
etc.) are unsanitary or damaged, IPMC 403.1 No openable window in an area used as
habitable space, IPMC 702.3 Egress door(s) are not readily openable from the side from
which egress is to be made without the need for keys, special knowledge or effort, PMC
16.04.010 Failure to secure a City of Pasco building permit and IPMC 702.1 The
continuous path of travel to the public way is obstructed and is creating an unsafe means of
egress. Ms. Roginski advised the Board that the violations have not been corrected.
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The City recommended that the property owners be assessed $200 for repeat violation and
be given 10 days to correct the violations or pay a penalty of $100 per day for 10 days.
CODE BOARD DECISION: Board Member Duncan moved, seconded by Board Member
Gutierrez, that violation of the PMC had occurred and were shown by a preponderance of
the evidence. The motion carried unanimously.
Board Member Duncan further moved, seconded by Board Member Gutierrez, be assessed
$400 for repeat violation and be given 10 days to correct any life safety violations or pay a
penalty of $100 per day for 10 days and be given 90 days to complete the remaining
violations or pay a penalty of $100 per day for 10 days.
c. Amendments
Resolution 2012 -02 was amended to reflect that case CEB2011 -3464 will be dismissed
without penalty.
d. Dismissals
None
e. Motion
Board Member Duncan made a motion to accept Resolution No. 2012 -02 as amended,
Board Member Gutierrez seconded. The motion carried unanimously.
E. STAFF REPORT AND OTHER BUSINESS:
None
F. ADJOURNMENT
There being no further business before the Pasco Code Enforcement Board, the meeting was
adjourned by Chairperson Gottschalk at 8:12 p.m.
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