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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. 07-07-11 Minutes Page 1 of 7 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.---- -- - -- 07-07-11 Minutes Page 2 of 7 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. 07-07-11 Minutes Page 3 of 7 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;- -. - -- 07-07-11 Minutes Page 4 of 7 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. 07-07-I1 Minutes Page 5 of 7 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 - - - - 07-07-11 Minutes Page 6of7 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 07-07-11 Minutes Page 7 of 7