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Home My WebLink About09012011 Code Enforcement Board Minutes CODE ENFORCEMENT MINUTES MEETING OF SEPTEMBER 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 Dennis Duncan Don Cooper Dwayne Speer C. ADOPTION OF MINUTES: Chairperson Gottschalk moved, seconded by Board Member Speer,that the minutes of the August 4, 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. Robert E Miles Trust, case number CEB2010-2830 for the property at 1116 W Shoshone St Mr.Nickolds called Erin Roginski, Code Enforcement Officer,to read the case facts into the record. 9-01-11 Minutes Page 1 of 5 Ms. Roginski indicated that the cited violation on this property was International Property Maintenance(IPMC)304.13 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 304.13.2 Windows are not easily openable, 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 308.1 Rental dwelling unit is infested with insects, IPMC 403.1 No openable window in a habitable space, IPMC 403.2 Allowing the dwelling unit to be overcrowded,possibly endangering the life,health, safety or welfare of the occupants, IPMC 403.4 No local exhaust ventilation system in area where injurious,toxic, irritating or noxious fumes, dusts or mists are generated, IPMC 404.5 Allowing the dwelling unit to be overcrowded,possibly endangering the life, health, safety or welfare of the occupants, 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)and IPMC 704.2 Failure to provide smoke detector in all required habitable areas. 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$50 per day for 10 days. Joyce Miles of West Richland spoke for the record. Adriana Estrada of 1116 W Shoshone St#C spoke for the record. CODE BOARD DECISION: Board Member Speer moved, seconded by Board Member Duncan,that violation of the PMC had occurred and were shown by a preponderance of the evidence. The motion carried unanimously. Board Member Duncan further moved, seconded by Board Member Speer, that the property owner be given 30 days to correct the remaining violations or pay a penalty of $100 per day for 10 days. ii. City of Pasco vs.Vasquez, Maria G(ET VIR)case number CEB2011-2509 for the property at 808 W Margaret 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 Pasco Municipal Code(PMC) 16.04.010 Failure to secure a City of Pasco building permit, PMC 25.28.020 (1)Allowing multiple dwelling units on your property and 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. Roginski advised the Board that the violations have not been corrected. 9-01-11 Minutes Page 2 of 5 Diego Leon of 808 W Margaret St spoke for the record. The City recommended that the property owners be assessed $35 for the service penalty and pay $200 for the repeat penalty and be given 5 days to correct the remaining violations or pay a penalty of$100 per day for 10 days. CODE BOARD DECISION: Board Member Duncan moved, seconded by Board Member Speer, 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 $35 for the service penalty and pay $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. The motion carried unanimously. W. City of Pasco vs.Martinez, Guadalupe case number CEB2011-2523 for the property at 221 N 9t"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 16.04.010 Failure to secure a City of Pasco building permit, PMC 16.24.090 House/building number is not visible, PMC 16.36.020 Failure to enclose swimming pool and/or hot tub with approved fencing material, 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 9.60.030 (11) Any unsightly building, structure commenced and left unfinished, PMC 9.60.030 (12) All places used or maintained as junkyards, or 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 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 this violation has not been corrected. The City recommended that the property owners be assessed $200 for a repeat violation and be given 10 days to correct the remaining violations or pay a penalty of$100 per day for 10 days. Angela Carrillo of 221 N 9b Ave spoke for the record. CODE BOARD DECISION: Board Member Speer moved, seconded by Board Member Duncan,that violation of the PMC had occurred and were shown by a preponderance of the evidence. The motion carried unanimously. 9-01-11 Minutes Page 3 of 5 Board Member Speer further moved, seconded by Board Member Duncan, that the property owner be assessed $200 for a repeat violation and be given 30 days 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. Gonzales,Noe case number CEB2011-2721 for the property at Pasco Mr.Nickolds,Inspection Services Manager,read the case facts into the record. Mr. Nickolds indicated that the cited violations on this property was PMC 17.13.010 Erecting, maintaining, locating or relocating any unpermitted off-premise sign of any kind within the City of Pasco. Ms. Nickolds advised the Board that these violations have been corrected. The City recommended that the Mr. Gonzales be assessed $200 for a repeat violation. CODE BOARD DECISION: Board Member Duncan moved, seconded by Board Member Speer, that violation of the PMC had occurred and were shown by a preponderance of the evidence. The motion carried unanimously. Board Member Duncan further moved, seconded by Board Member Speer, that the property owner be assessed $200 for a repeat violation and be held in abeyance for a period of 12 months. The motion carried unanimously. v. City of Pasco vs. Davis,William and Barbara, case number CEB2011-2834 for the property at 10003 Willow Way 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 was 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 violations have been corrected. The City recommended that the property owners be assessed $200 for a repeat violation and be held in abeyance for a period of 12 months. CODE BOARD DECISION: Board Member Speer moved, seconded by Board Member Duncan,that violation of the PMC had occurred and were shown by a preponderance of the evidence. The motion carried unanimously. Board Member Duncan further moved, seconded by Board Member Speer, that the property owners be assessed $200 for a repeat violation and be held in abeyance for a period of 12 months. The motion carried unanimously. c. Amendments 9-01-11 Minutes Page 4 of 5 Resolution 2011-08 was amended to reflect cases CEB2011-0241, CEB2011-2525 CEB2011-2603, CEB2011-2668 and CEB2011-2712 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 None. e. Motion Board Member Duncan made a motion to accept Resolution No. 2011-08 as amended, Board Member Speer seconded. The motion carried unanimously. E. STAFF REPORT AND OTHER BUSINESS: Dog License and Delinquent Licenses programs have been completed for this year. Kurtzman Phases 1 and 2 are completed. Downtown Development Association is looking for a Director. Block Grant Money has significantly decreased. F. ADJOURNMENT There being no further business before the Pasco Code Enforcement Board, the meeting was adjourned by Chairperson Gottschalk at 8:29 p.m. A r Mitch Nickolds, Secretary MN/cs 9-01-11 Minutes Page 5 of 5