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�
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...� �..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.
Attachment
Distribution: Gary Crutchfield, City Manager
Stan Strebel, Deputy City Manager
Rick Terway, Administrative Services Director
Bob Alberts, Public Works Director
Denise Mellene, Media Specialist
Community Development Staff (Route Copy)
Code Enforcement Board
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