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HomeMy WebLinkAbout01062011 Code Enforcement Board PacketMEMORANDUM DATE: December 28, 2010 TO: Code Enforcement Board FROM: Mitch Nickold Inspections Services anager Community & Economic Development SUBJECT: CEB Determination Hearing January 6, 2011 Distribution • Cooper • Duncan • Gottschalk D Speer M Gutierrez I am writing to confirm that the Code Enforcement Board will meet on January 6, 2011 at 7:00 p.m., in Pasco City Council chambers. Please find attached the following: (1) An agenda for January 6, 2011; (2) Minutes of the previous CEB meeting; (3) Code Enforcement Activity Reports for the previous month. If you have any questions, please call 509 -543 -5743. MN /fs Attachments: As stated. Cc: Gary Crutchfield, City Manager Stan Strebel, Deputy City Manager Rick White, Community & Economic Development Director Rick Terway, Administrative & Community Services Director Code Enforcement Officers: Debra Scott, Martin Barajas, Erin Roginski Cross Connect Specialists: Lloyd Coughlin, Jake Hickman Angela Zilar, Tri- Cities Animal Control Agenda for the Code Enforcement Board of the City of Pasco, Washington Thursday, January 6, 2011 at 7:00 pm A. CALL TO ORDER B. ROLL CALL a. Board Members Present C. ADOPTION OF MINUTES D. HEARINGS a. Administration of Oaths b. Hearings Scheduled CEB2010 -2742 207 W CLARK ST - PENALOZA, HECTOR A, owner Debbie Scott, Code Enforcement Officer Description: NO FRONT YARD LANDSCAPING (GRASS) PMC 25.75.050 (4) (1) Violation: At least fifty percent (50 %) of the required front yard area has NOT been landscaped with live vegetation. (2) Corrective Action: Install live ground cover, such as grass, on at least 50% of the front yard portion of your property. All areas not landscaped with live vegetation must be landscaped with mulches or decorative rock. Description: DILAPIDATED /DESTROYED FENCING. PMC 9.60.030 (11) (1) Violation: 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. (2) Corrective Action: Make necessary repairs to building s), billboard(s), fence(s) and /or other dilapidated structures, complete structure or excavation or demolish and lawfully remove structure(s) from the property. Description: JUNK, UNLICENSED VEHICLE & AUTO PARTS (TIRES) IN REAR YARD, PMC 9.60.030 (12) (1) Violation: 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. (2) Corrective Action: Discontinue wrecking or disassembling automobiles, trucks, etc. Remove and lawfully dispose of all wrecked or abandoned vehicles, machinery, etc. along with any parts thereof. Discontinue the storage of heavy machinery or equipment (i.e. front end loaders, dump trucks, backhoes, etc.) at this property. Description: WEEDS LOCATED ON THIS PROPERTYAND IN PLANTING STRIP. PMC 9.60.030 (16) CEB Agenda Page 1 of 3 (1) Violation: 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 "). (2) Corrective Action: Eradicate weeds by chemicals, cutting or other acceptable means so that they do not exceed twelve inches (12 "), encroach on neighboring properties, constitute a fire hazard, etc. Weeds that are cut or removed by the root must be removed from the property and lawfully disposed of. Description: TRASH, LITTER AND MISCELLANEOUS DEBRIS LOCATED ON THIS PROERTYPMC 9.60.030 (6) (1) Violation: 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. (2) Corrective Action: Remove and lawfully dispose of all litter, garbage, junk or vegetative waste on the property. CEB2010 -2847 719 S OREGON AVE - ZUCKER, GEORGE I, owner Debbie Scott, Code Enforcement Officer Description: FAILURE TO ALINTAINREQUIRED WATER SERVICE IPMC 505.1 (1) Violation: 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. (2) Corrective Action: Reconnect residence to an approved water system and /or ensure that all required fixtures are supplied with hot and cold water. CEB2010 -2907 6411 BURDEN BLVD - GARCIA, RIGOBERTO, owner Mitch Nickolds, Code Enforcement Officer Description: PMC 5.10A.090 (1) Violation: 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. (2) Corrective Action: Make all necessary corrections to comply with all laws, rules and regulations pertaining to vehicles and /or food handling procedures as set forth by the Benton - Franklin Health Department and Pasco Municipal Code, Description: PMC 6 04.090 (1) Violation: Lack of required garbage service through Basin Disposal Inc. (service is required for all occupied residences and businesses within the City). (2) Corrective Action: Start or restart garbage service (please call Basin Disposal Inc. at (509) 547- 2476). CEB2010 -2930 528 W CLARK ST - OCHOA, SIMON P & ANITA, owner Debbie Scott, Code Enforcement Officer Description: OFF PREMISE SIGNAT THIS LOCATION PMC 17.07. 010 CEB Agenda Page 2 of 3 (1) Violation: Erecting, constructing, altering, relocating or modifying any sign without first obtaining a permit. (2) Corrective Action: Discontinue all current sign work. Obtain a sign permit from the City of Pasco Building Department (509 - 543 -5726) before continuing with any sign work. If work has already be completed, a permit must be obtained or the unpermitted sign must be removed. Description: OFF PREMISE SIGNAT THIS LOCATIONPMC 17.13. 010 (1) Violation: Erecting, maintaining, locating or relocating any unpermitted off- premise sign of any kind within the City of Pasco. (2) Corrective Action: Remove all unpermitted off - premise signs. c. Amendments d. Dismissals e. Motion E. STAFF REPORT AND OTHER BUSINESS F. ADJOURNMENT CEB Agenda Page 3 of 3 CODE ENFORCEMENT MINUTES MEETING OF DECEMBER 2, 2010 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 Daniel Gottschalk, Chairperson Don Cooper Mary Gutierrez Dwayne Speer MEMBERS ABSENT 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. Bers, Zachariah, case number CEB2010 -2668 for the vacant lot at Rd 68 & Sandifur Pl;wy Mr. Nickolds called Erin Roginski, Code Enforcement Officer, to read the case facts into the record. 12 -10 Minutes Page 1 of 3 ii. Ms. Roginski indicated that the cited violations on this property were Pasco Municipal Codes (PMC) 17.13.010: Erecting, maintaining, locating or relocating any unpermitted off - premise sign of any kind within the City of Pasco. Ms. Roginski advised the Board that these violations had been corrected. The City recommended that the property owners be assessed a $200 penalty for a 2nd 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 Cooper further moved, seconded by Board Member Gutierrez, that the owners be assessed a $200 penalty for a 2nd repeat of the violations and that the penalty be held in abeyance and dismissed after a period of one year if no further violations occur on the property. 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 5.04.020: Engaging in business within the City of Pasco without a required City of Pasco business license 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 had been corrected. The City recommended that the property owners be assessed $200 penalty for a 2nd repeat of the violations and that the penalty be held in abeyance and dismissed after a period of one year if no further violations occur on the property. CODE BOARD DECISION: Board Member Cooper 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 Gutierrez further moved, seconded by Board Member Cooper, that the City's recommendation should stand and the owners be assessed a $200 penalty for a 2nd repeat of the violations and that the penalty be held in abeyance and dismissed after a period of one year if no further violations occur on the property. iii. Citv of Pasco vs. Jesus Jose HiLyadera, case number CEB2010 -2815 for the at 720 N 20`° Ave Mr. Nickolds called Debbie Scott, Code Enforcement Officer, to read the case facts into the record. 12 -10 Minutes Page 2 of 3 Ms. Scott stated that the cited violation was PMC 5.10A.010: City of Pasco itinerant vendor business license is required for all itinerant vendors PMC 5.10A.100 (D): Signs which cannot be contained on the vehicle or conveyance used to sell food are not permitted. Ms. Scott advised the Board that these violations had not been corrected. The City recommended that the owner of the property be assessed a $100 stationary vendor first offense and be given five (5) days to correct the violations or pay a penalty of $50 per day for ten (10) days. Board Member Gottschalk stated that the lives near the property and recused himself from the hearing. Gerardo Silva, owner of stationary vendor, spoke for the record. CODE BOARD DECISION: Board Member Gutierrez moved, seconded by Board Member Speers that a violation of the PMC had occurred and was shown by a preponderance of the evidence. The motion carried unanimously. Board Member Speer further moved, seconded by Board Member Cooper, that the owners be assessed a $20 penalty at this time and that the remaining $80 penalty be held in abeyance and dismissed after a period of one year if no further violations occur on the property. c. Amendments None d. Dismissals None e. Motion Board Member Cooper made a motion to accept Resolution No. 2010 -12 as amended, Board Member Speer seconded. The motion carried unanimously. E. STAFF REPORT AND OTHER BUSINESS: None F. ADJOURNMENT There being no further business before the Pasco Code Enforcement Board, the meeting was adjourned by Chairperson Gottschalk at 7:42 p.m. Mitch Nickolds, Secretary MN /cs 12 -10 Minutes Page 3 of 3 MEMORANDUM January 11, 2010 TO: Rick White, Director, Community & Economic Development FROM: Mitch Nick t a� n Services Manager SUBJECT: Code Enforcement Activity Reports Reports for the Month of December, 2009 '"ECEIVED to 4� k O .t E f�tn, rItIr ...� �..i..�.41 F {. Please find attached copies of the Code Enforcement Activity Reports for the month of December.: (1) CEB Resolution, December, .2009 (2) (3) The resolution shows all the Code Enforcem.ennt Board actions and cases that the Board has ruled on at their monthly hearing. This report lists all inspections performed by individual staff for the month. To be counted. as an "inspection" a written "correction notice must have been issued as a result of the initial inspection. 2009- 2010. This report lists the total number of residential rental dwellings, by district (No. 1 -8), requiring inspection certification over the two year period noted. Each rental unit inspected and certified as in compliance with minimum habitability standards is marked "passed ". Those that do not pass the initial inspection or require substantial repair: are marked "failed ". Code Enforcement Activity Report I' (4) Pasco Rental License Program: This report tracks progress in the annual licensing of rental units. As of February, 2009, we estimated that there were 5,788 rental units in the City. As license applications and non - rental certifications are received, these units are deleted from the figure of our original estimate of the total number of rental units. As of December 31, 4,718 dwelling units have been licensed or certified as non - rentals. This is over 81% of the estimated total. 'C In December, in accordance with a 2006 State law requiring installation of fire sprinkler systems in all nightclubs with dance floors over 350 square feet in area by December 1, 2009, owners of three Pasco nightclubs that had not complied with the law were issued notices to install fire sprinkler systems. At this time two permits have been issued and work is underway. The third permit application is under review. The January report will be submitted on February 10, 2010. If you have any questions during the interim, please call. 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