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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, 02022012 Ceb Minutes Page 1 of 3 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. 02022012 Ceb Minutes Page 2 of 3 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. 10411111W Mitch Nickjfds, Secret; MN /cs 02022012 Ceb Minutes Page 3 of 3