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Home My WebLink About10072010 Code Enforcement Board Minutes I CODE ENFORCEMENT MINUTES j MEETING OF OCTOBER 7, 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 I MEMBERS PRESENT MEMBERS ABSENT i Daniel Gottschalk, Chairperson Dwayne Speer Dennis Duncan Don Cooper Mary Gutierrez C. ADOPTION OF MINUTES : Board Member Duncan moved, seconded by Board Member Cooper, that the minutes of the September 2, 2010 meeting be approved as mailed, with a correction made to reflect that Rick White, Community and Economic Development Director, was not in attendance at the meeting. 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. Cindy Adams (Etal), case number CEB2010-0380 for the property at 3415 Churchill Downs Ln. Mr. Nickolds called Erin Roginski, Code Enforcement Officer, to read the case facts into the record. 100710 Code Enforcement Minutes Page 1 of 4 Ms. Roginski indicated that the cited violations on this property were Pasco Municipal Codes (PMC) 25 . 75 . 050 (5) : Side yard is not landscaped or treated to control blowing dust and PMC 5 . 78 . 010 : No rental license for the property. Ms . Roginski advised the Board that neither violation had been corrected. The City recommended that the property owners be given 10 days to correct any remaining violations or pay a penalty of $ 50/day for 10 days. CODE BOARD DECISION : Board Member Duncan moved, seconded by Board Member Gutierrez, that violations 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 Duncan, that the owners be given 60 days to comply with the Pasco Municipal Code and a monetary penalty of $50/day for 10 days would be imposed thereafter if they failed to comply in that timeframe. The motion carried unanimously. ii. Citv of Pasco vs. Daniel Rezendes, case number CEB2010-0782 for the property at 1625 W. A St. #D 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 . in. Citv of Pasco vs. Upper Columbia Mission, case number CEB2010-2272 for the property at 2200 E. Adelia St., represented by Carol Webber, 6305 Chapel Hill Blvd. Pasco Mr. Nickolds called Jake Hickman, Cross Connection Specialist, to read the case facts into the record. Mr. Hickman stated that the cited violation was PMC 13 . 16 .020 : The owner failed to submit documentation showing that the backflow assemblies on the property met minimum Washington State Department of Health requirements, which was a second repeat violation. Mr. Hickman advised the Board that the violation had since been corrected and the property was now in compliance. The City recommended that the property owner pay a $400 monetary penalty for a second repeat violation. CODE BOARD DECISION: Board Member Duncan 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. Board Member Duncan further moved, seconded by Board Member Gutierrez, that the penalty be dismissed. The motion carried unanimously. I 100710 Code Enforcement Minutes Page 2 of 4 i iv. Citv of Pasco vs. Rafael Morales, case number CEB2010-2446 for the property at 930 W. A St. This case was continued administratively prior to the hearing and was placed on the Resolution, for the Board' s approval, as a continued case . v. City of Pasco vs. Kelly Astley, case number CEB2010-2552 for the property at 4409 W. Octave St. Mr. Nickolds advised that this case would be added to the Resolution and would be continued to the next regular meeting of the Code Enforcement Board on November 4, 2010 , A. City of Pasco vs. Gaylord Real Estate LLC, case number CEB2010-2580 for the property at 115 S. lOt" Ave., represented by Lee Perez, 115 S loth Ave Pasco and Ted Owens, general manger of Fiesta Foods. Mr. Nickolds called Debra Scott, Code Enforcement Officer, to read the case facts into the record. Ms. Scott stated that the cited violations were PMC 25 .74 . 070 : Water backs up from roof drainage when it rains, PMC 9 . 60 .030 (6) : Trash, litter and miscellaneous debris scattered and deposited in the rear alley of this property, which was a repeat violation, PMC 9 . 60 .030 (8) : Grease and vegetable oil leaking from containers in alley way and running down alley, and PMC 9 . 60 .030 (9) : Broken shelving and broken carts . Ms . Scott advised the Board that none of the violations had been corrected. The City recommended the property owner pay a $200 monetary penalty for the repeat violation and be given 10 days to correct any remaining violations or pay a monetary penalty of $ 100/day for 10 days . CODE BOARD DECISION : Board Member Duncan moved, seconded by Board Member Cooper that a violation of the PMC had occurred and was shown by a preponderance of the evidence . The motion carried unanimously. Board Member Duncan further moved, seconded by Board Member Gutierrez, that the property owner pay .a $200 monetary penalty for the repeat violation and be given 10 days to correct any remaining violations or pay a monetary penalty of $ 100/day for 10 days . The motion carried unanimously. c . Amendments Resolution 2010- 10 was amended to reflect that case CEB2010-0782 was placed on the Resolution since the owner had failed to appear, and that case CEB2010-2552 had been continued until the next hearing date. Mr. Nickolds asked that the Board approve Resolution 2010- 10 as amended. d. Dismissals 100710 Code Enforcement Minutes Page 3 of 4 I I None e. Motion Board Member Duncan made a motion to accept Resolution No . 2010- 10 as amended, Board Member Cooper seconded. The motion carried unanimously. E. STAFF REPORT AND OTHER BUSINESS : Mr. Nickolds advised the Board that there would be future opportunities for training in parliamentary procedures . Mr. White also stated that the city attorney would be putting together a quasi-judicial workshop for the benefit of new members of the Code Enforcement Board and Planning Commission, F . ADJOURNMENT There being no fiirther business before the Pasco Code Enforcement Board, the meeting was adjourned by Chairperson Gottschalk at 7 : 57 p .m. y ' Mite Nickolds, S etary MN/cs i 100710 Code Enforcement Minutes Page 4 of 4