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Home My WebLink About05052011 Code Enforcement Board Minutes CODE ENFORCEMENT MINUTES MEETING OF MAY 5,2011 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 Don Cooper Dwayne Speer Dennis Duncan Mary Gutierrez C. ADOPTION OF MINUTES: Board Member Duncan moved, seconded by Board Member Gutierrez,that the minutes of the April 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. L City of Pasco vs. Saenz,Adolfo Jr&Martha Murillo-Flores, case number CEB2011- 0321 for the property at 323 N Beech Ave. Mr.Nickolds called Debbie Scott, Code Enforcement Officer,to read the case facts into the record. 05-05-11 Minutes Page 1 of 4 Ms. Scott indicated that the cited violations on this property were International Property Maintenance Code (IPMC) 304.13.1 Windows have cracks, holes or are completely broken out, Pasco Municipal Code (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 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 these violations have not been corrected. The City recommended that the property owners be assessed$200 for repeat penalty and be given 10 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 Gutierrez, which the property owner is assessed $200 repeat penalty to be held in abeyance for 90 days and dismissed if the same violation or similar violations do not occur within the 90 day period. H. City of Pasco vs.Espinoza,Ruben G case number CEB2011-0427 for 1424 N 4th 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 Pasco Municipal Code (PMC) 5.10A.100 (B) Stationary vendors are not permitted to locate at a site where no permanent licensed business is operating. Ms. Scott advised the Board that these violations have been corrected. The City recommended that the property owners be assessed$500 for a repeat violation. CODE BOARD DECISION: Board Member Speer moved, seconded by Board Member Duncan, that violations to 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, pay $500 for a repeat violation. iii. City of Pasco vs.Espinoza,Ruben G case number CEB2011-0428 for 1424 N 4th 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 16.04.010 Failure to secure a City of Pasco building permit, PMC 17.09.050 Any sign, including support frames, now or hereafter existing which no longer advertises a bona fide business conducted, or a product sold or service rendered, PMC 5.04.020 Engaging in business within the City of Pasco without a required City of Pasco business license, PMC 9.60.030 05-05-11 Minutes Page 2 of 4 (12) All places used of 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,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 (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 assessed$200 for repeat penalty and be given 10 days to correct the remaining violations or pay a penalty of$100 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 assessed $200 for repeat penalty and be given 10 days to correct the remaining violations or pay a penalty of$100 per day for 10 days. iv. City of Pasco vs. Espinoza,Ruben G case number CEB2011-0471 for 1424 N 41h 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 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 these violations have been corrected. The City recommended that the property owners be assessed$600 for a repeat violation. CODE BOARD DECISION: Board Member Speer moved, seconded by Board Member Duncan, that violations to 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$600 for a repeat violation. c. Amendments Resolution 2011-04 was amended to reflect cases CEB2011-0711 & CEB2010-2924 would be moved to the penalties section of the Resolution since the owner scheduled an 05-05-11 Minutes Page 3 of 4 appearance but failed to appear at the hearing. Mr.Nickolds asked that the Board approve resolution 2011-05 as amended. d. Dismissals Case CEB2010-2924 724 W Park St has been dismissed without penalty. e. Motion Board Member Duncan made a motion to accept Resolution No. 2011-05 as amended, Board Member Gutierrez seconded. The motion carried unanimously. E. STAFF REPORT AND OTHER BUSINESS: Special hearing to be held on the 2nd Thursday of May at 7 PM to discuss alleged violations of the Pasco Municipal Code, specifically Dog Licensing. Mitch Nickolds and Board Member Gottschalk meet board members and former mayor of the City of Umatilla. The Quasi Judicial Workshop is tentatively scheduled for June 14tH F. ADJOURNMENT There being no further business before the Pasco Code Enforcement Board, the meeting was adjourned by Chairperson Gottschalk at 7:57 p.m. Mitch Aol s, Secretary MN/cs 05-05-11 Minutes Page 4 of 4