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Home My WebLink About11032011 Code Enforcement Board Minutes CODE ENFORCEMENT MINUTES MEETING OF NOVEMBER 3, 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 Dennis Duncan Mary Gutierrez Dwayne Speer Don Cooper C. ADOPTION OF MINUTES: Chairperson Speer moved, seconded by Board Member Cooper, that the minutes of the October 6, 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. Torres, Ramiro and Maria, case number CEB2011-0714 for the property at 925 S Maitland Ave Mr. Nickolds called Debbie Scott, Code Enforcement Officer, to read the case facts into the record. I1-03-11 MINUTES.Docx Page 1 of 5 Ms. Scott indicated that the cited violation on this property was Pasco Municipal Code (PMC) 16.04.010 Failure to secure a City of Pasco building permit. Ms. Scott 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. Ramiro and Maria Torres of 410 S Fir St Kennewick, WA spoke for the record. 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 Speer further moved, seconded by Board Member Gutierrez, that the property owner be given 30 days with extensions for work in progress to remove all unpennitted construction or pay a daily penalty of$50 per day for 10 days. The motion carried unanimously. H. City of Pasco vs. Cabrera, Roeaciano and Raquel, case number CEB2011-2674 for the Property at 1617 E Lewis St 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) 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 304.6 Exterior walls are not free of holes, breaks, and/or loose or rotting materials and have not been maintained weatherproof with the surface properly coated (where required)to prevent deterioration, IPMC 305.3 Interior surfaces (i.e. windows,doors,floors,ceilings,etc.) are unsanitary or damaged, IPMC 305.5 Failing to maintain every handrail and guard in good condition,firmly fastened and capable of supporting normally imposed loads, IPMC 308.1 Rental dwelling unit is infested with rodents or insects,IPMC 403.1 No openable window in a habitable space, IPMC 403.4 No local exhaust ventilation system in area where injurious, toxic, irritating or noxious fumes, dusts or mists are generated, IPMC 504.1 Plumbing fixtures are not kept in working order or are not free of obstructions, leaks, or defects,IPMC 505.1 Plumbing fixtures(i.e. sink, toilet, shower,etc.) are not connected to an approved water system and/or are not supplied with hot and cold running water, 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, International Residential Code (IRC)R401.3 The property has NOT been graded in compliance with the adopted code,PMC 16.04.010 Failure to secure a City of Pasco building permit,PMC 25.75.050 (5)Portions of your property that are not 11-03-11 MINUTES.Docx Page 2 of 5 landscaped or covered with improvements have NOT been treated to prevent blowing dust and erosion and Uniform Plumbing Code (UPC)Water service piping is NOT at least thirty six(36) inches below the finished grade.Ms. Roginski advised the Board that the violations have not been corrected. The City recommended that the property owners keep the property vacant until a City of Pasco Code Enforcement Officer inspects the property and determines all IMPC violations have been corrected or pay a penalty of$200 per day for 10 days. The property owner must permanently discontinue the use of the property as a multifamily rental property or pay a penalty of $200 per day for 10 days and be given 10 days to correct the remaining violations or pay a penalty of$50 per day for 10 days. Rogaciano Cabrera of 323 N Douglas Ave spoke for the record with the aid of Martin Barajas, Code Enforcement Officer. CODE BOARD DECISION: Board Member Cooper 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 Speer further moved, seconded by Board Member Cooper,that the property owners keep the property vacant until a City of Pasco Code Enforcement Officer inspects the property and determines all IMPC violations have been corrected or pay a penalty of $200 per day for 10 days. The property owner must permanently discontinue the use of the property as a multifamily rental property or pay a penalty of$200 per day for 10 days and be given 10 days to correct the remaining violations or pay a penalty of$50 per day for 10 days or the City of Pasco will abate all violations at the property. The motion can:ied unanimously. iii. City of Pasco vs. Didier,Nathaniel A case number CEB2011-2968 for the property at 6115 Yankee Dr Mr.Nickolds called Martin Barajas, Code Enforcement Officer,to read the case facts into the record. Mr. Barajas indicated that the cited violation on this property were PMC 25.75.050 (4) At least fifty percent(50%) of the required front yard area has NOT been landscaped with live vegetation and PMC 9.60.030 (16) Weeds, noxious weeds, grass, and other vegetation which constitutes a fire hazard, encroaches on sidewalks or neighboring properties, is damaging public improvements, impairs the vision of traffic signs or signals, and/or has reached a height of twelve inches (12"). Mr. Barajas advised the Board that these violation have not been corrected. The City recommended that the property owner be given until April 30, 2012 to correct the remaining violations, property must remain free of weeds, or pay a penalty of$100 per day for 10 days. 11-03-11 MINUTES.Docx Page 3 of 5 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 property owner be given until April 30, 2012 to correct the remaining violations or pay a penalty of$100 per day for 10 days. The motion carried unanimously. iv. City of Pasco vs. Farris,Joann, case number CEB2011-3047 for the property at 808 S 5t 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 were IRC R105.5 Failure to complete your construction project before your building permit expired, PMC 17.13.010 Erecting, maintaining, locating or relocating any unpermitted off-premise sign of any kind within the City of Pasco, PMC 25.78.030 (2) STORAGE OF WOOD MATERIALS AND CABINETS IN THE FRONT DRIVEWAY. Using the driveway for the storage of equipment or materials, PMC 25.78.030 (4) Vehicles are being parked on an unapproved surface (such as dirt or grass) and/or more than four(4)vehicles at a time are being parked in the front driveway, PMC 5.04.020 Engaging in business within the City of Pasco without a required City of Pasco business license and 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 have been corrected. The City recommended that the property owners be assessed $800 for a fourth repeat violation. 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. Board Member Gutierrez further moved, seconded by Board Member Cooper, be assessed $800 for a fourth repeat violation. The motion carried unanimously. v. City of Pasco vs. Aguilar,Melesio, case number CEB2011-3124 for the Property at 905 W Court St 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 were IRC R105.5 Failure to complete your construction project before your building permit expired, PMC 25.75.050 (4) At least fifty percent (50%) of the required front yard area has NOT been landscaped with live vegetation and PMC 9.60.030 (16) Weeds, noxious weeds, grass, and other 11-03-11 MINUTES.Docx Page 4 of 5 vegetation which constitutes a fire hazard, encroaches on sidewalks or neighboring properties, is damaging public improvements, impairs the vision of traffic signs or signals, and/or has reached a height of twelve inches (12"). Ms. Scott advised the Board that these violations have been corrected. The City recommended that the property owners be assessed $200 for a second 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 Gutierrez further moved, seconded by Board Member Speer, the property owners be assessed $200 for a second repeat violation to be held in abeyance for a period of 12 months. The motion carried unanimously. c. Amendments Resolution 2011-10 was amended to reflect cases CEB2011-0265, CEB2011-2899, CEB2011-3116 and CEB2011-3196 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. 2011-11 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 8:16 p.m. wx� Mitts Nickol s, Secretary MN/cs 11-03-11 MINUTES.Docx Page 5 of 5