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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. 10-06- 11 Minutes Page 1 of 6 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 . 10-06- 11 Minutes Page 2 of 6 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. 10-06- 11 Minutes Page 3 of 6 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 10-0641 Minutes Page 4 of 6 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, 10-06- 11 Minutes Page 5 of 6 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 10-06- 11 Minutes Page 6 of 6