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HomeMy WebLinkAbout11042010 Code Enforcement Board Minutes CODE ENFORCEMENT MINUTES MEETING OF NOVEMBER 4,2010 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 Duncan,that the minutes of the October 7,2010 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. Rafael Morales,case number CEB2010-2446 for the nronerty at 900 W A Street Mr.Nickolds called Debra Scott, Code Enforcement Officer,to read the case facts into the record. 11-10 Minutes Page 1 of 3 Ms. Scott indicated that the cited violations on this property were Pasco Municipal Codes (PMC) 9.60.030 (12) Vehicle Parts, PMC 9.60.030 (16): Weeds in excess of six feet, PMC 9.60.030(6): Trash and litter along alley way and barrels of liquid stored in rear of property and PMC 9.60.030 (9): Vehicle tires located in the rear of this building. Ms. Scott advised the Board that these violations have not been corrected. The City recommended that the property owners be assessed a$400 penalty for a 2nd repeat violation and be given 10 days to correct any remaining violations or pay a penalty of $100/day for 10 days. CODE BOARD DECISION: Board Member Duncan 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 Cooper further moved, seconded by Board Member Gutierrez, that the owners be assessed a$400 penalty for a 2nd repeat of the violations and be given 10 days to correct any remaining violations or pay a penalty of$100/day for 10 days thereafter if they failed to comply in that timeframe. The motion carried unanimously. ii. City of Pasco vs.Kelly Astley,case number CEB2010-2552 for the property at 4409 W Octave Street. Mr.Nickolds advised the Board that this case would be skipped since the owner had scheduled an appearance,but was not present at the hearing. Mr.Nickolds stated that the Resolution would be amended to include this case. iii. City of Pasco vs. Rawlins & Henry, case number CEB2010-2744 for the vacant lots at Road 110 and View Lane. Mr. Nickolds called Erin Roginski, Code Enforcement Officer, to read the case facts into the record. Board Member Duncan recused himself citing a personal friendship with the respondent. Ms. Roginski stated that the cited violation was PMC 9.60.030 (16): Tall weeds throughout the properties and along the streets adjacent to the properties and that the violation was a repeat. Ms. Roginski advised the Board that the violation had since been corrected and the property was now in compliance. The City recommended that the owners of the property be assessed a $200 penalty for a repeat violation. CODE BOARD DECISION: Board Member Speer moved, seconded by Board Member Gutierrez, that a violation of the PMC had occurred and was shown by a preponderance of the evidence. The motion carried unanimously. 11-10 Minutes Page 2 of 3 Board Member Cooper further moved, seconded by Board Member Gutierrez, that the penalty be held in abeyance and dismissed after a period of one year if no further violations occurred on the property. c. Amendments Resolution 2010-11 was amended to reflect that case CEB2010-2552 would be moved to the penalties section of the Resolution since the owner had scheduled an appearance but failed to appear at the hearing. Mr.Nickolds asked that the Board approve Resolution 2010-11 as amended. d. Dismissals None e. Motion Board Member Duncan made a motion to accept Resolution No. 2010-11 as amended, Board Member Cooper seconded. The motion carried unanimously. E. STAFF REPORT AND OTHER BUSINESS: Rick White, Community and Economic Development Director, advised the Board that there would a quasi-judicial workshop for the benefit of new members of the Code Enforcement Board and Planning Commission after January, 1, 2011. The Board was further informed that both liquor regulation initiatives failed in the November 2010 election which will help the City's budget since a revenue loss was projected if the either initiative passed. Mr. White also advised that the Building Department had permitted almost 500 single family dwellings this year, and due to the fast growing population, the Pasco School District will be holding a community forum to discuss the overcrowding issues in the District's schools. F. ADJOURNMENT There being no further business before the Pasco Code Enforcement Board, the meeting was adjourned by Chairperson Gottschalk at 7:29 p.m. Mitch Nickolds, Se etary MN/fs 11-10 Minutes Page 3 of 3