HomeMy WebLinkAbout12022010 Code Enforcement Board Minutes CODE ENFORCEMENT MINUTES
MEETING OF DECEMBER 2, 2010
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 PRESENT MEMBERS ABSENT
Daniel Gottschalk, Chairperson Dennis Duncan
Don Cooper
Mary Gutierrez
Dwayne Speer
C . ADOPTION OF MINUTES :
Board Member Gutierrez moved, seconded by Board Member Speer, that the minutes of the
November 4, 2010 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.
L City of Pasco vs. Berg, Zachariah, case number CEB2010-2668 for the vacant lot at
Rd 68 & Sandifur Pkwy
Mr. Nickolds called Erin Roginski, Code Enforcement Officer, to read the case facts into
the record.
12- 10 Minutes
Page 1 of 3
Ms . Roginski indicated that the cited violations on this property were Pasco Municipal
Codes (PMC) 17. 13 . 010 : Erecting, maintaining, locating or relocating any unpermitted off-
premise sign of any kind within the City of Pasco . Ms . Roginski advised the Board that
these violations had been corrected.
The City recommended that the property owners be assessed a '$200 penalty for a 2nd repeat
violation.
CODE BOARD DECISION : Board Member Speer 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 Cooper further moved, seconded by Board Member Gutierrez, that the
owners be assessed a $200 penalty for a 2nd repeat of the violations and that the penalty be
held in abeyance and dismissed after a period of one year if no further violations occur on
the property.
H. City of Pasco vs. Matilda Harris, case number CEB2010-27630 for the property at 319
N 2nd Ave.
Mr. Nickolds called Debbie Scott, Code Enforcement Officer, to read the case facts into the
record.
Ms . Scott indicated that the cited violations on this property were PMC 5 .04. 020 : Engaging
in business within the City of Pasco without a required City of Pasco business license PMC
9 .60 . 030 (6) : Any parcel within the City which is filthy, littered or trash-covered due to
placing, dropping, disposing, throwing away, or otherwise discarding litter, garbage, refuse,
cans, bottles, paper or paper material, metal, organic or inorganic material on areas of the
property other than approved garbage containers. Ms . Scott advised the Board that these
violations had been corrected.
The City recommended that the property owners be assessed $200 penalty for a 2nd repeat
of the violations and that the penalty be held in abeyance and dismissed after a period of
one year if no further violations occur on the property.
CODE BOARD DECISION: Board Member Cooper moved, seconded by Board Member
Speer, that violation of the PMC had occurred and were shown by a preponderance of the
evidence. The motion carried unanimously.
Board Member Gutierrez further moved, seconded by Board Member Cooper, that the
City' s recommendation should stand and the owners be assessed a $200 penalty for a 2nd
repeat of the violations and that the penalty be held in abeyance and dismissed after a
period of one year if no further violations occur on the property.
W. City of Pasco vs. Jesus Jose Higadera, case number CEB2010-2815 for the property
at 720 N 20" Ave
Mr. Nickolds called Debbie Scott, Code Enforcement Officer, to read the case facts into the
record.
12- 10 Minutes
Page 2 of 3
Ms. Scott stated that the cited violation was PMC 5 . 10A. 010 : City of Pasco itinerant
vendor business license is required for all itinerant vendors PMC 5 . 10A. 100 (D) : Signs
which cannot be contained on the vehicle or conveyance used to sell food are not permitted.
Ms. Scott advised the Board that these violations had not been corrected.
The City recommended that the owner of the property be assessed a $ 100 stationary vendor
first offense and be given five (5) days to correct the violations or pay a penalty of $50 per
day for ten ( 10) days .
Board Member Gottschalk stated that the lives near the property and recused himself
from the hearing.
Gerardo Silva, owner of stationary vendor, spoke for the record.
CODE BOARD DECISION: Board Member Gutierrez moved, seconded by Board
Member Speers that a violation of the PMC had occurred and was shown by a
preponderance of the evidence. The motion carried unanimously.
Board Member Speer further moved, seconded by Board Member Cooper, that the owners
be assessed a $20 penalty at this time and that the remaining $ 80 penalty be held in
abeyance and dismissed after a period of one year if no further violations occur on the
property.
c . Amendments
None
d. Dismissals
None
e. Motion
Board Member Cooper made a motion to accept Resolution No . 2010- 12 as amended,
Board Member Speer 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 7 :42 p .m.
M'lVch Nickolds, Secretary
MN/Cs
12- 10 Minutes
Page 3 of 3