Loading...
HomeMy WebLinkAbout01062011 Code Enforcement Board Minutes CODE ENFORCEMENT MINUTES MEETING OF JANUARY 69 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 Mary Gutierrez Don Cooper Dwayne Speer Dennis Duncan C . ADOPTION OF MINUTES : Board Member Gutierrez moved, seconded by Board Member Speer, that the minutes of the November 4, 2010 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. i. City of Pasco vs Welch, Edward & Patricia, case number CEB2010-2809 for 1218 S 01 Ave. Mr. Nickolds called Erin Roginski, Code Enforcement Officer, to read the case facts into the record. Ms. Roginski indicated that the cited violations on this property were International Property Maintenance Code (IPMC) 304.2 : Exterior surfaces (i .e . doors, door and window flames, 01 -06 Minutes Page 1 of 4 not maintained in good condition, IPMC 304 .3 : Lack of or improper cornices, etc.) are g premise identification, IPMC 504 . 1 Plumbing fixtures are not kept in working order or are not free of obstructions, leaks, or defects, IPMC 603 . 1 Allowing unsafe conditions or improper installation of mechanical appliance, fireplace, solid fuel-burning appliance, cooking appliance or water heating appliance, IPMC 604 .3 Defects to the electrical system in the structure constitute a hazard to the occupants (i . e . inadequate service, improper fusing, insufficient receptacle and lighting outlets, improper wiring or installation, ge IPMC 704 .2 Failure to provide smoke detector in all required. deterioration or damage), P habitable areas, International Residential Codes (IRC) M1801 . 1 Fuel burning appliances shall be vented to the outdoors in accordance with their listing and label and manufacturer' s installation instructions . The flue gas passageway shall be free of obstructions and combustible deposits, Pasco Municipal Code (PMC) 5 .78 . 010 A City of Pasco rental license is required for all rental dwelling unit(s) . Ms . Roginski advised the Board that some of these violations have not been corrected. The City recommended that the property owners be given 15 days to correct the remaining violations or vacate the unit. CODE BOARD DECISION : Board Member Cooper moved, seconded by Board Member Duncan, that violations to the IPMC, IRC and 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 Cooper, that the owners be assessed a $200 penalty for failing to fix the violations . The board further moved to give 15 more days to correct the violations and ordered the unit vacated if the repairs have not been made by January 21 , 2011 and ordered the unit condemned after that date if repairs were not made . ii. City of Pasco vs Zucker, George I, case number CEB2010-2847 for the property at 719 S Oregon Ave. Mr. Nickolds called Debbie Scott, Code Enforcement Officer, to read the case facts into the record. Board Member Cooper stated that he personally knows the Mr. Zucker, due to the Doctrine of Necessary the case continued. Ms. Scott indicated that the cited violations on this property were 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 the violation had not been corrected. The City recommended that the property owners be assessed a $35 for personal service and pay $200 for a repeat violation and be give 10 days to correct the remaining violations or pay $ 100 per day for ten days . 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. 01 -06 Minutes Page 2 of 4 Board Member Duncan further moved, seconded by Board Member Cooper, that the property owner be assessed a $200 repeat penalty to be held in abeyance for 30 days and dismissed if the property is in compliance within 10 day. If the property is not in compliance within 10 days, the Board ordered a penalty of $ 100 per day for ten days . iii. City of Pasco vs Garcia, Ri2oberto, case number CEB2010-2907 for the Property at 6411 Burden Blvd. Mr. Nickolds called himself to read the case facts into the record. Mr. Nickolds stated that the cited violation was PMC 06 .24 .010 : Permitting accumulations of filth, garbage, decaying animals or vegetable matter, etc., PMC 5 . 10A. 090 Failure to comply with all laws, rules and regulations regarding food handling and/or failing to make your vehicle used for the sale of food comply with all the laws, rules and regulations respecting such vehicles as established by the Benton-Franklin Health Department and as set forth in the Pasco Municipal Code . Mr. Nickolds advised the Board that these violations had not been corrected. Rigoberto Garcia of Kennewick spoke for the record. CODE BOARD DECISION : Board Member Duncan moved, seconded by Board Member Cooper, to dismiss the case without penalty. c. Amendments Resolution 2011 -01 was amended to reflect cases CEB2010-2742 and CEB2010-2930 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 -01 as amended. d. Dismissals None e. Motion Board Member Cooper made a motion to accept Resolution No . 2011 -01 as amended, Board Member Speer seconded. The motion carried unanimously. E. STAFF REPORT AND OTHER BUSINESS : Dog Canvassing has commenced, last year the City of Pasco earned about $28 ,000 in dog license fees. F . ADJOURNMENT There being no further business before the Pasco Code Enforcement Board, the meeting was adjourned by Chairperson Gottschalk at 8 : 14 p .m. 01 -06 Minutes Page 3 of 4 Mi ickol s, Secretary MN/cs 01 -06 Minutes Page 4 of 4