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HomeMy WebLinkAbout04072011 Code Enforcement Board Minutes CODE ENFORCEMENT MINUTES MEETING OF APREL 7, 2011 A. CALL TOO 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 Gutierrez moved, seconded by Board Member Cooper, that the minutes of the March 3, 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. Escamilla Alfonso and Margarita, case number CEB2011-0113 for the property at 1740 N 14a' Ave. Mr. Nickolds called Debbie Scott, Code Enforcement Officer, to read the case facts into the record. 04-11 Minutes Page 1 of 4 Ms. Scott indicated that the cited violations on this property were International Property Maintenance Code (IPMC) 505.1 Plumbing fixtures (i.e. sink, toilet, shower, etc.) are not connected to an approved water system and/or are not supplied with hot and cold running water. Ms. Scott advised the Board that these violations have been corrected. The City recommended that the property owners be assessed $35 for personal service and $200 for repeat penalty and held abeyance for a period of 12 months and dismissed if the same violation or similar violations do not occur within the 12 month period. CODE BOARD DECISION: Board Member Cooper 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 Cooper further moved, seconded by Board Member Duncan, which the property owner is assessed $35 for personal service and $200 repeat penalty to be held in abeyance for 12 months and dismissed if the same violation or similar violations do not occur within the 12 month period. iL City of Pasco vs Guice Raeford & Lopez, Aurora case number CED2011-0065 for 408 N Owen 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) 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 6.04.90 Lack of required garbage service through Basin Disposal Inc. (service is required for all occupied residences and businesses within the City), PMC 8.02.190 All dogs over seven (7) months of age must be licensed with the City of Pasco, 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 a repeat violation and be given 10 days to correct the remaining violations or pay a penalty of $100 per day for 10 days. Angie Rada resident of 408 N Owen Ave spoke in behalf of the owner. CODE BOARD DECISION: Board Member Cooper moved, seconded by Board Member - - -- - -- - - - -- - - - - - - Gutierrez, that violations to the PMC had occurred and were shown by a preponderance of the evidence. The motion carried unanimously. 04-11 Minutes Page 2 of 4 Board Member Gutierrez further moved, seconded by Board Member Cooper, pay $200 for a repeat violation. m. City of Pasco vs. Fuentes Josephine, case number CEB2011-0345 for the property at 524 S Sycamore 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 25.28.030 (2) Using a property in an R-I zone for an unpermitted home occupation. (CUTTING UP AND SCRAPPING OUT VEHICLES), 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, 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 been corrected. The City recommended that the property owners be assessed $200 for a repeat violation and held in abeyance for a period of 12 months and dismissed if the same violation or similar violations do not occur within the 12 month period. Chris Farris resident of 524 S Sycamore Ave and Cathy Eldhardt resident of 1707 W Bonneville spoke in behalf of the owner. Ms. Fuentes is deceased. CODE BOARD DECISION: Board Member Gutierrez 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 Cooper further moved, seconded by Board Member Cooper, that the property owner be assessed a $200 repeat penalty to be held in abeyance for 12 months and held in abeyance for a period of 12 months and dismissed if the same violation or similar violations do not occur within the 12 month period. c. Amendments Resolution 2011-04 was amended to reflect cases CEB2011-2607, CEB2011-0122 and CEB2011-0308 would be moved to the penalties section of the Resolution since the owner scheduled an appearance but failed to appear at the hearing, Mr. Nickolds asked that the Board approve resolution 2011-04 as amended. 04-11 Minutes Page 3 of 4 d. Dismissals None e. Motion Board Member Cooper made a motion to accept Resolution No. 2011-04 as amended, Board Member Duncan 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. F. ADJOURNMENT There being no further business before the Pasco Code Enforcement Board, the meeting was adjourned by Chairperson Gottschalk at 7:45 p.m. 5Z of Nicko ds, Secretary Wes 04-11 Minutes Page 4 of 4