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HomeMy WebLinkAbout03032011 Code Enforcement Board Minutes CODE ENFORCEMENT MINUTES MEETING OF MARCH 3,2011 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 Dennis Duncan Mary Gutierrez Dwayne Speer C. ADOPTION OF MINUTES: Board Member Duncan moved, seconded by Board Member Cooper, that the minutes of the February 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. Thornhill,Timothy, case number CEB2010-2458 for 1219 S 13TH Ave Mr. Nickolds called Debbie Scott, Code Enforcement Officer,to read the case facts into the record. 03-11 Minutes Pagel of 4 Ms. Scott indicated that the cited violations on this property were Pasco Municipal Code (PMC) 25.75.050 (4) At least fifty percent (50%) of the required front yard area has NOT been landscaped with live vegetation, 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 (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. Ms. Scott advised the Board that these violations have not been corrected. The City recommended that the property owners be given 30 days to convect the remaining violations or pay a penalty of $50 per day for 10 days and be given until April 1st to complete the front yard landscaping. CODE BOARD DECISION: Board Member Duncan moved, seconded by Board Member Cooper, 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 owners be given 45 days and the property will be inspected every two weeks, if there is no visible progress the property owner be assessed a penalty of$50 per day for 10 days. At the end of the 45 days the property must be in compliance or owners must pay a penalty of$50 per day for 10 days. ii. City of Pasco vs.Thornton,Edwin &Lynda, case number CEB2010-2989 for the property at 1740 N 14th 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 (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. Ms. Scott advised the Board that the violations had been corrected. The City recommended that the property owners be assessed $200 for a repeat violation. 03-11 Minutes Page 2 of 4 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, that the property owner be assessed a $200 repeat penalty to be held in abeyance for 12 months and dismissed if the property is in compliance 12 months. iii. City of Pasco vs. Hazen, Kermit, case number CEB2011-0159 for the property at 824 W Marie St Mr. Nickolds called Debbie Scott, Code Enforcement Officer,to read the case facts into the record. Ms. Scott stated that the cited violation was 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 had been corrected. The City recommended that the property owners be assessed $200 for a repeat violation. CODE BOARD DECISION: Board Member Speer 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 further moved, seconded by Board Member Cooper, that the property owner be assessed a $50 repeat penalty to be held in abeyance for 12 months and dismissed if the property is in compliance for 12 months. c. Amendments Resolution 2011-03 was amended to reflect case CEB2011-0121 would be moved to the penalties section of the Resolution since the owner scheduled an appearance but failed to appear at the hearing. Resolution 2011-03 was amended to reflect case CEB2010-0645 has been continued to the next meeting. Mr. Nickolds asked that the Board approve resolution 2011-03 as amended. d. Dismissals None e. Motion Board Member Duncan made a motion to accept Resolution No. 2011-03 as amended, Board Member Cooper seconded. The motion carried unanimously. E. STAFF REPORT AND OTHER BUSINESS: Remembrance of Bud King, Housing development remains strong this year, Announcement of Executive Director Position Open for the newly formed Down Town Pasco Development Authority. 03-11 Minutes Page 3 of 4 F. ADJOURNMENT There being no further business before the Pasco Code Enforcement Board, the meeting was adjourned by Chairperson Gottschalk at 7:43 p.m. On behalf of Mitch Nickolds, Secretary MN/cs 03-11 Minutes Page 4 of 4