HomeMy WebLinkAbout12012011 Code Enforcement Board Minutes CODE ENFORCEMENT MINUTES
MEETING OF DECEMBER 1,2011
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
Mary Gutierrez
Dwayne Speer
Don Cooper
Dennis Duncan
C. ADOPTION OF MINUTES:
Chairperson Speer moved, seconded by Board Member Cooper, that the minutes of the November
3, 2011 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. Ponce, Hermelindo, case number CE132011-3203 for the property
at 919 W Agate
Mr.Nickolds called Erin Roginski, Code Enforcement Officer,to read the case facts into
the record.
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Ms. Roginski indicated that the cited violation on this property was International Property
Maintenance Code 304.13 Windows, skylights,doors and/or frames are not being kept in
good repair and weather tight,IPMC 304.13.1 Windows have cracks,holes or are
completely broken out, IPMC 304.2 Exterior surfaces(i.e. doors, door and window frames,
cornices, etc.)are not maintained in good condition,IPMC 304.7 Defects in the roof or
flashing admit rain or do not drain properly to prevent dampness or deterioration in the
walls or interior portions of the structure,IPMC 305.3 Interior surfaces(i.e.windows,
doors, floors, ceilings, etc.)are unsanitary or damaged, IPMC 305.4 The stairs,ramp,
landing,porch, deck, and/or other walking surface is damaged or in disrepair, IPMC 403.4
No local exhaust ventilation system in area where injurious,toxic, irritating or noxious
fumes, dusts or mists are generated, IPMC 602.3 Allowing occupancy of a dwelling or
sleeping unit without adequate heat in all habitable rooms,IPMC 603.1 Allowing unsafe
conditions or improper installation of mechanical appliance,fireplace, solid fuel-burning
appliance, cooking appliance or water heating appliance,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 704.2 Failure to provide smoke detector in all
required habitable areas,Pasco Municipal Code (PMC) 5.78.010 A City of Pasco rental
license is required for all rental dwelling unit(s)and IPMC 304.16 Failing to secure a
basement/crawlspace hatchway from rodents,rain and/or surface drainage. Ms.Roginski
advised the Board that the violations have not been corrected.
The City recommended that the property owners be given 10 days to correct the remaining
violations or pay a penalty of$100 per day for 10 days.
Velma Ponce of 919 W Agate St spoke for the record.
CODE BOARD DECISION: Board Member Duncan moved, seconded by Board Member
Cooper, that violation of the PMC had occurred and were shown by a preponderance of the
evidence. The motion carried unanimously.
Board Member Speer further moved, seconded by Board Member Gutierrez, that the
property owners be given 10 days to correct IPMC 304.13.1, 304.7, 305.3, 305.4, 602.3,
604.3, 704.2 and PMC 5.78.010 or pay a penalty of$100 per day for 10 days and be given
90 days to correct the remaining items or pay a penalty of$50 per day for 10 days. The
motion carried unanimously.
ii. City of Pasco vs. Farias Mendez, Norma, case number CEB2011-3389 for the
property at 807 S 7th 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 Pasco Municipal Code
6.04.090 Lack of required garbage service through Basin Disposal Inc. (service is required
for all occupied residences and businesses within the City).Ms. Scott advised the Board
that the violations have not been corrected.
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The City recommended that the property owners pay $200 for a repeat penalty and be given
10 days to correct the remaining violations or pay a penalty of$100 per day for 10 days.
CODE BOARD DECISION: Board Member Speer moved, seconded by Board Member
Cooper, that violation of the PMC had occurred and were shown by a preponderance of the
evidence. The motion carried unanimously.
Katia Mendez of 807 S 7h Ave spoke for the record.
Board Member Speer further moved, seconded by Board Member Cooper, to dismiss the
violation without penalty. The motion carried, 1 opposed and 4 in favor.
c. Amendments
Resolution 2011-12 was amended to reflect cases CEB2011-2974 will be moved to the
penalties section of the Resolution since the owner scheduled an appearance but failed to
appear at the hearing.
d. Dismissals
e. Motion
Board Member Duncan made a motion to accept Resolution No. 2011-12 as amended,
Board Member Speer seconded. The motion carried unanimously.
E. STAFF REPORT AND OTHER BUSINESS:
Certified mail not being picked up by respondents; The City of Pasco in those cases must attempt to
serve the notices via a process server per City Attorney. The July Code Enforcement meeting will
change to July 12, 2012; all others will remain the same. Home construction is strong this year, only
30 homes away from the number of homes built in 2010. Commercial and Industrial construction is
not strong, has declined every year since 2006. New water plant at Road 113 come on line this year.
The city is working on a comprehensive plan for a new water plant, the current plant is at capacity.
Pasco has a very successful water reuse facility for the food industry. City of Pasco wishes to expand
the capabilities so that the food industry will expand. Budget for 2012 is nearly complete and it is
stable.
F. ADJOURNMENT
There being no further business before the Pasco Code Enforcement Board, the meeting was
adjourned by Chairperson Gottschalk at 7:58 p.m.
Mitch Nickolds, Secretary
MN/cs
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