HomeMy WebLinkAbout07072011 Code Enforcement Board Minutes CODE ENFORCEMENT MINUTES
MEETING OF JULY 7,2011 .
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
Dwayne Speer
Don Cooper
Dennis Duncan
Mary Gutierrez
C. ADOPTION OF MINUTES:
Board Member Duncan moved, seconded by Board Member Gutierrez,that the minutes of the June
2, 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.
L City of Pasco vs. Diaz, Benito, case number CEB2010-2802 for the property at
NKA Vacant Property 112081475
Mr.Nickolds called Debbie Scott, Code Enforcement Officer,to read the case facts into the
record.
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Ms. Scott indicated that the cited violations on this property were Pasco Municipal Code
(PMC) 25.69.040 (1) Occupying recreational vehicle(s) overnight while not in a
recreational vehicle park, PMC 25.75.050 (1) (E) Fence(s) constructed out of unpermitted
materials (such as vehicle parts, pallets, bed springs, tarps, plastic sheets, corrugated sheet
metal, or other materials not specifically manufactured for the construction of fences) or
fences constructed from chicken wire or other similar wire-type fencing materials, 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 (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. Ms. Scott advised the Board that PMC 5.04.020 and 9.60.030 (12)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.
Mr. Eric C. Eisinger, Mr. Diaz Lawyer, added exhibits to the case, including a sworn
declaration under oath from Mr.Diaz.
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 Cooper,that the property
owner be given 90 days to correct PMC 9.60.30 (12) or pay a penalty of$50 per day for 10
days. Board Member Speer further moved, seconded by Board Member Gutierrez that
PMC 5.04.020 be dismissed.
ii. City of Pasco vs.Martinez,Rodolfo, case number CEB2010-2803 for the property at
216 N Idaho 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 (IRC)RI 09.1.6 Failure to schedule a final inspection for your construction project,
PMC 5.04.020 Engaging in business within the City of Pasco without a required City of
Pasco business license,PMC9.60.030 (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.---- -- - --
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material on areas of the property other than approved garbage containers.Ms. Scott advised
the Board that PMC 5.04.020 and 9.60.030 (12)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.
Carolina Munoz of 832 N Sycamore Ave spoke on behalf of Mr.Martinez.
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 given 90 days to correct the remaining violations or pay a penalty of$50
per day for 10 days.
iii. City of Pasco vs. Gomez SR,Nelson A(ETUX)& Bravo,Irene,case number
CEB2011-0249 for the property at 928 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 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 (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 these 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.
Herson Urrieta spoke in behalf of Mr. Gomez.
CODE BOARD DECISION: Board Member Duncan 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 furt her moved, seconded by Board Member Gutierrez, that the
property owner be given 10 days to correct the remaining violations or pay a penalty of$50
per day for 10 days.
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iv. City of Pasco vs. Gomez,Nelson A,case number CEB2011-1482 for the property at
416 W Shoshone 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 25.28.020 (1)
Allowing multiple dwelling units on your property, PMC 5.78.010 A City of Pasco rental
license is required for all rental dwelling unit(s), PMC 5.78.020 A certificate of inspection
is required to be submitted to the City for all rental dwelling unit(s) and 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. 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.
Erson Urrieta spoke on behalf of Mr. Gomez.
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 Duncan further moved, seconded by Board Member Speer, that the
property owner be assessed $200 for a repeat violation, be given 6 months to restore the
illegally occupied garage to a garage and be given 10 days to correct the remaining
violations or pay a penalty of$100 per day for 10 days and
v. City of Pasco vs.Ponce, Tovias G&Antonia, case number CEB2011-0710 for the
property at 1020 S Stn 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 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, 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 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 (16)
Weeds, noxious weeds, grass, and other vegetation which constitutes a fire hazard,
- -- -- - - --- encroaches-on sidewalks or-neighboring properties,-is-damaging-public-improvements;- -. - --
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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 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.
Board Member Gutierrez excused herself from the case.
CODE BOARD DECISION: Board Member Duncan 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 Cooper,that the property
owner be assessed $200 for a repeat violation and $100 be held in abeyance for a period of
12 months and be given 10 days to correct the remaining violations or pay a penalty of
$100 per day for 10 days.
vi. City of Pasco vs. PROMOCIONES NOE,case number CEB2011-1585 conductin6
business at 6600 Burden Blvd.
Mr.Nickolds, Inspection Services Manager,read the case facts into the record.
Mr.Nickolds indicated that the cited violations on this property were PMC 17.13.010
Erecting,maintaining, locating or relocating any unpermitted off-premise sign of any kind
within the City of Pasco,PMC 5.04.020 Engaging in business within the City of Pasco
without a required City of Pasco business license and PMC 9.61.020(C) (1)Allowing
sounds made by.the use of a musical instrument,whistle, sound amplifier,juke box,radio,
television, or other similar device to emanate from your building, structure, or property
between the hours of 10:00 p.m. and 7:00 a.m.Mr.Nickolds advised the Board that these
violations have been corrected.
The City recommended that the property owners be assessed$35 for a service penalty and
immediately pay$350 for operating a business without a license.
Noe Gonzalez of Portland, OR spoke on behalf of PROMOCIONES NOE.
CODE BOARD DECISION: Board Member Duncan 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 Duncan further moved, seconded by Board Member Gutierrez, that the
property owner be assessed $35 for a service penalty and immediately pay $350 for
operating a business without a license. PROMOCIONES NOE shall hire professional
sound monitoring services for any future events in Pasco where amplified sound will be
used. All costs for the sound level monitoring service will be paid by PROMOCIONES
NOE.
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vii. City of Pasco vs. Soto,Antonio (E'TAL,),case number CEB2010-2799 for the property
at NKA Vacant Property 112102037
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 16.04.010 Failure
to secure a City of Pasco building permit, 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 9.56.030, 9.56.040 Allowing blowing
(fugitive) dust to leave the property,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 (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 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.
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 given 90 days to correct the remaining violations or pay a penalty of$50
per day for 10 days.
viii. City of Pasco vs. Soto,Antonio &Anita, case number CEB2010-2800 for the
property at 209 N Franklin 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 16.04.10 Failure to
secure a City of Pasco building permit, 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,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 9.30.030(16)-Weeds;noxious - - - -
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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 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.
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 given 10 days to correct PMC 9.60.030 (16) and be given 90 days to
correct the remaining violations or pay a penalty of$50 per day for 10 days.
c. Amendments
Resolution 2011-07 was amended to reflect cases CEB2011-0550 and CEB2011-1454 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..2011-07 as amended,
Board Member Cooper seconded. The motion carried unanimously.
E. STAFF REPORT AND OTHER BUSINESS:
A special hearing will be held on Wednesday, July 20th, 2011,to discuss alleged violations of the
Pasco Municipal Code, specifically Business Licenses. Dog canvassing numbers are not available
but a greater number of dog licenses were issued. About 1700 notices were sent to vacant lots within
the city informing owners about property maintenance.
F. ADJOURNMENT
There being no further business before the Pasco Code Enforcement Board, the meeting was
adjourned by Chairperson Gottschalk at 9:53 p.m.
us'
MitA ickolds, ecretary
MN/cs
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