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HomeMy WebLinkAbout08042011 Code Enforcement Board Minutes CODE ENFORCEMENT MINUTES MEETING OF AUGUST 4,2011 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 July 7, 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. Garcia,Natividad M & Martha, case number CEB2011-2568 for the property at 5904 Taft Dr Mr.Nickolds called Martin Barajas, Code Enforcement Officer,to read the case facts into the record. 08-04-11 Minutes Page 1 of 5 Mr. Barajas indicated that the cited violation on this property was Pasco Municipal Code (PMC) 10.52.030 (2) Parking a vehicle with a maximum gross weight of fourteen thousand (14,000)pounds or more anywhere on or off the street in a residential zone of the City. Mr. Barajas advised the Board that the violation has been corrected. The City recommended that the property owners be assessed $200 for a repeat violation. Greg Soto spoke on behalf of Natividad Garcia. 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 Speer further moved, seconded by Board Member Cooper,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. ii. City of Pasco vs.Parra.Julian &Ange, case number CEB2010-1571 for the property at 911 N 15th 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 International Residential Code R105.5 Failure to complete your construction project before your building permit expired, PMC 9.60.030(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(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,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 9.60.020 (3)Unlawfully interfering with, obstructing or tending to obstruct or render dangerous for passage any public right-of- way(i.e. stream,public park,parkway, square, street,highway or sidewalk) in the city. Ms. Scott advised the Board that the violations have been corrected. The City recommended that the property owners be assessed $400 for a second 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. 08-04-11 Minutes Page 2 of 5 Board Member Speer further moved, seconded by Board Member Duncan, that the property owner be assessed $400 for second repeat violation. The motion carried unanimously. iii. City of Pasco vs. Root,Brandon W & Nikki L, case number CEB2011-2670 for the property at 726 S Hugo 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 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"). 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. Mrs. Root added Exhibit A. 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 Speer further moved, seconded by Board Member Duncan, 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. iv. City of Pasco vs. Casey (ETAL),Michael, case number CEB2011-2673 for the property at 418 S 23`d 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 International Building Code 107.1 Temporary-type structure has been erected without a building permit from the City of Pasco, PMC 9.60.020 (1) Any action or inaction which unreasonably annoying injuring or endangering the comfort, repose, health or safety of others 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"). Ms. Scott advised the Board that these violations have been corrected. The City recommended that the property owners be assessed$200 for a repeat violation. 08-04-11 Minutes Page 3 of 5 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 assessed $50 for a violation and be held in abeyance for a period of 12 months. The motion carried unanimously. v. City of Pasco vs.Rivera,Josefina,case number CEB2011-2681 for the property at 314 W B St 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 9.60.030 (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"), 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, PMC 9.60.040 BROKEN WINDOWS CAUSING PROPERTY TO BE UNSECURED. Failure to secure an unoccupied or abandoned building, PMC 9.85.050 (1) (2) GRAFFITI Permitting graffiti to remain unabated on any portion of any property and PMC 9.60.030 (11) UNSIGHTLY, DILAPIDATED, DANGEROUSE, ABANDONED BUILDING. 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. Ms. Scott advised the Board that these violations have 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. Code Enforcement Officer Martin Barajas translated for Ms.Rivera. 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 $200 for a repeat violation and $100 be held in abeyance for a period of 12 months. The motion carried unanimously. c. Amendments Resolution 2011-08 was amended to reflect cases CEB2011-1487, CEB2011-1488 CEB2011-2675 will be moved to the penalties section of the Resolution since the owner 08-04-11 Minutes Page 4 of 5 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 very successful and it is possible that the programs will continue next year. 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. Mitch Nickolds, Secretary MN/cs 09-01-11 Minutes Page 5 of 5