HomeMy WebLinkAbout10062011 Code Enforcement Board Minutes CODE ENFORCEMENT MINUTES
MEETING OF OCTOBER 6, 2011
A. CALL TO ORDER
Chairperson Gottschalk called the regular meeting of the Code Enforcement Board to order at 7 : 00
p .m.
Be 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 Gottschalk moved, seconded by Board Member Speer, that the minutes of the
September 1 , 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. Gonzalez, Maria, case number CEB2011 -0331 for the Property at
312 N Owen Ave
Mr. Nickolds called Erin Debbie Scott, Code Enforcement Officer, to read the case facts
into the record.
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b
Ms . Scott indicated that the cited violation on this property was Pasco Municipal Code
(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
and PMC 8 .02 . 190 All dogs over seven (7) months of age must be licensed with the City of
Pasco . Ms. Scott advised the Board that the violations have been corrected.
The City recommended that the property owners be assessed $200 for a repeat penalty.
Alex Gonzalez of 312 N Owen Ave 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 Cooper, that the property
owner be assessed $200 for a repeat violation to be held in abeyance for a period of 12
months . The motion carried unanimously.
H. City of Pasco vs Acosta, Luis case number CEB2011 -2669 for the property at 919 S
6th 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 9 . 60 . 30 ( 11 ) Any
unsightly building, billboard, fence, excavation, or other structure, or any abandoned or
partially destroyed building, fence, excavation or structure, or any building, fence,
excavation or structure commenced and left unfinished, PMC 9 . 60 .030 ( 12) All places used
or maintained as junkyards, br dumping grounds, or for the wrecking or disassembling of
automobiles, trucks, tractors, or machinery of any kind, or for the storing or leaving of
worn-out, wrecked or abandoned automobiles, trucks, tractors, or machinery of any kind, or
of any of the parts thereof, or for the storing or leaving of any machinery or equipment used
by contractors or builders or by other persons, 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 and PMC 9 .60 .030 (9) Scrap metal, ashes, bric-a-brac, broken stone or cement,
broken crockery, broken glass, broken plaster, automobile bodies and/or parts, and all such
trash or abandoned material that are not kept in approved containers. Ms. Scott advised the
Board that the violations have not been corrected.
Sam Zamora of 919 S 6th Ave spoke for the record.
The Cityy recommended that the property owners be assessed $200 for the repeat penalty
and be given 10 days to correct the remaining violations or pay a penalty of $ 100 per day
for 10 days .
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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, pay $200 for the
repeat penalty and be given 10 days to correct the remaining violations or pay a penalty of
$ 100 per day for 10 days . The motion carried unanimously.
iii. City of Pasco vs Dunyon, Patrick A and Joy case number CEB2011 -2683 for the
property at 1911 N 13th 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 was PMC 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 this violation
has been corrected.
The City recommended that the property owners be assessed $200 for a repeat violation.
Board Member Gutierrez excused herself from the case .
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 Speer further moved, seconded by Board Member Duncan, that the
property owner be assessed $50 for a repeat violation and the remaining $ 150 to be held in
abeyance for a period of 12 months . The motion carried unanimously.
iv, City of Pasco vs. Zucker, George case number CEB2011-2794 for the property at 719
S Oregon 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 was International Property
Maintenance Code (IPMC) 505 . 1 FAILURE TO RECONNECT WATER SERVICE AT
THIS LOCATION WITH THE OPEN OPERATING BUSINESS "LES ' S AFFORDABLE
TRANSMISSION" OWNER LONNIE SANFORD , (PICTURES TAKEN) 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 and PMC 13 . 16 . 020 (b) (c) NO SURVEY
DONE FOR BACKFLOW PROTECTION. Ms . Scott advised the Board that these
violations have been corrected.
The City recommended that the property owners be assessed $35 for the service penalty,
$400 for the second repeat penalty and $200 previously held in abeyance for a repeat
penalty.
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P
C
George Zucker of 5301 Pasco Kahlotus Rd 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.
r Board Member Speer further moved, seconded by Board Member Gutierrez, be assessed
$35 for the service penalty and pay $200 for the repeat penalty and be assessed $400 for the
second repeat penalty to be held in abeyance for a period of 12 months . The motion carried
unanimously.
v. City of Pasco vs. Hernandez, Tomas and Lidia, case number CEB2011 -2957 for the
property at 911 W Ainsworth 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 was PMC 5 . 10A. 090 Failure to
comply with all laws, rules and regulations regarding food handling and/or failing to make
your vehicle used for the sale of food comply with all the laws, rules and regulations
respecting such vehicles as established by the Benton-Franklin Health Department and as
set forth in the Pasco Municipal Code and PMC 5 . 10A. 110 (I) Conducting business as a
mobile vendor after sunset. Ms. Scott advised the Board that these violations have been
corrected.
Tomas Hernandez of 907 W Ainsworth Ave and George Martinez spoke for the record.
The City recommended that the property owners be assessed $35 for the service penalty
and $500 for a second repeat violation.
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 Gutierrez, the property
owners be assessed $35 for the service penalty and pay $ 100 for the repeat penalty and the
remaining $400 to be held in abeyance for a period of 12 months. The motion carried
unanimously.
A. City of Pasco vs. Perez, Antonio, case number CEB2011 -3031 for the Property at 804
S 8" Ave
Mr. Nickolds called Erin Roginski, Code Enforcement Officer, to read the case facts into
the record.
Ms . Roginski indicated that the cited violation on this property was IPMC 304 . 5
Foundation walls are not plumb and free from open cracks and breaks and/or are not kept in
such condition so as to prevent the entry of rodents and other pests, IPMC 305 .3 Interior
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surfaces (i. e. windows, doors, floors, ceilings, etc .) are unsanitary or damaged, IPMC 403 .2
No operable fan or openable window in bathroom as required, IPMC 504. 1 Plumbing
fixtures are not kept in working order or are not free of obstructions, leaks, or defects,
IPMC 602 .3 Allowing occupancy of a dwelling or sleeping unit without adequate heat in
all habitable rooms, 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 702 .3
Egress door(s) are not readily openable from the side from which egress is to be made
without the need for keys, special knowledge or effort, IPMC 704 .2 Failure to provide
smoke detector in all required habitable areas and IPMC 308 . 1 Rental dwelling unit is
infested with rodents or insects . Ms. Roginski advised the Board ' that some of these
violations have not been corrected.
The City recommended that the property owners be assessed $200 for the repeat penalty
and be given 30 days to correct the remaining violations or pay a penalty of $ 100 per day
for 10 days.
Trinidad Perez of 4206 Road 105 spoke for the record.
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 Speer further moved, seconded by Board Member Gutierrez, that the
property owners be assessed $200 for the repeat penalty and be given 30 days to repair the
violations not IPMC violations. The motion carried unanimously.
c. Amendments
Resolution 2011 - 10 was amended to reflect cases CEB2011 -2782 will be moved to the
penalties section of the Resolution since the owner scheduled an appearance but failed to
appear at the hearing. Cases CEB2011 -2994, CEB2011 -2995 and CEB2011 -3006 will be
continued to the November 3 hearing.
d. Dismissals
Cases CEB2011 -2855 , CEB2011 -2860, CEB2011 -2861 and CEB2011 -2958 are to be
dimissed.
e. Motion
Board Member Duncan made a motion to accept Resolution No . 2011 - 10 as amended,
Board Member Speer seconded. The motion carried unanimously.
E. STAFF REPORT AND OTHER BUSINESS :
None,
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a ,
F. ADJOURNMENT
There being no further business before the Pasco Code Enforcement Board, the meeting was
adjourned by Chairperson Gottschalk at 8 : 41 p .m.
Q
Mitch Nick lds, Secretary
MN/cs
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