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HomeMy WebLinkAbout02032011 Code Enforcement Board PacketMEMORANDUM DATE: January 27, 2011 Distribution D Cooper TO: Code Enforcement Board D Duncan D Gottschalk FROM: Mitch Nic' D Speer Inspections Services Manager M Gutierrez Community & Economic Development SUBJECT: CEB Determination Hearing February 3, 2011 I am writing to confirm that the Code Enforcement Board will meet on February 3, 2011 at 7:00 p.m., in Pasco City Council chambers. Please find attached the following: (1) An agenda for February 3, 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 /cs 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, February 3, 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- 26371327 N 22ND AVE - MENDOZA, RAMIRO. owner Debbie Scott, Code Enforcement Officer Description: PMC 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 -2834 821 S 6TH AVE - FELLOWS. MARCUS. owner Debbie Scott, Code Enforcement Officer Description: NO PERMIT ON FILE FOR THE NEW FENCE AT THIS LOCATION. PMC 16.04. 010 (1) Violation: Failure to secure a City of Pasco building permit. (2) Corrective Action: Discontinue all construction activities and submit an application for a building permit from the City of Pasco (please call (509) 543 -5726 for information on permit requirements). If no permit can be obtained, unpermitted construction must be removed. CEB2010 -2883 1220 E CLARK ST - ANDREWS. BARBARA. owner Debbie Scott, Code Enforcement Officer Description: WEEDS ON ENTIRE PROPERTY PMC 9.60.030 (16) (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. CEB Agenda Page 1 of 2 Description: PMC 9.60.040 (1) Violation: Failure to secure an unoccupied or abandoned building. (2) Corrective Action: Close all openings or damaged windows with 1/2" exterior grade plywood painted a solid black color or another solid color that will match the exterior of the structure. Plywood must be cut so that it evenly covers and secures the opening(s). c. Amendments d. Dismissals e. Motion E. STAFF REPORT AND OTHER BUSINESS F. ADJOURNMENT CEB Agenda Page 2 of 2 CODE ENFORCEMENT MINUTES MEETING OF JANUARY 6, 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 4th 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 frames, 01 -06 Minutes Page 1 of 4 cornices, etc.) are not maintained in good condition, IPMC 304.3: Lack of or improper 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, deterioration or damage), IPMC 704.2 Failure to provide smoke detector in all required 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. Citv of Pasco vs. Zucker, George 1, case number CEB2010 -2847 for the property at 719 S Ore6on 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. 0 1 -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. W. City of Pasco vs. Garcia, Riaoberto, 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 -Jj*f)wzz-" MildWickolds, Secretary MN /cs 01 -06 Minutes Page 4 of 4 MEMORANDUM January 19, 2011 TO: Rick White, Director, ComrnLinity & Economic Development FROM: Mitch Nicko) "section Services Manager SUBJECT: Code Enforcement Activity Reports Reports for the Month of December 2010 Please find attached copies of the Code Enforcement Activity Reports for the month of December: (1) CEB Resolution, December 2, 2010 The resolution shows all the Code Enforcement Board actions and cases that the Board has ruled on at their monthly hearing. (2) Status Report Code Enforcement Inspections. December, 2010 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. (3) Code Enforcement Compliance Actions/Rental Inspections /Certifications 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 Page 2 (4) Pasco Rental License Program: January- December 2010 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, 5,036 dwelling units have been licensed or certified as non - rentals. This is 87% of the estimated total. December Code Enforcement /Rental License Program Highlights In December, a City of Pasco code enforcement officer began assisting the City of Richland Fire Department with residential inspections of up to 500 rental dwellings, to help determine if a residential rental licensing and certification program would be beneficial there. The City of Richland requested our assistance as Pasco has a proven rental licensing and certification program in place, and 13 years experience and expertise in the certification and inspection of rental housing. It is anticipated the program will be completed by the end of March, 2011. The January report will be submitted on February 10, 2011. 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 Ahmad Qayoumi, Public Works Director Denise Mellene, Media Specialist Community Development Staff (Route Copy) Code Enforcement Board CITY OF PASCO CODE ENFORCEMENT BOARD RESOLUTION RESOLUTION NO. 2010 -12 A RESOLUTION finding that code violations have been corrected and may be dismissed without penalty, deferring action on certain cases pending proper notification, accepting voluntary correction agreements, and assessing penalties on certain cases. WHEREAS, the City of Pasco has found that there exist conditions on certain properties that constitute violations of the Pasco Municipal Code; and WIIEREAS, the Code Enforcem6nt Board has the authority to affirm, dismiss, or modify notices of civil violations issued by the City: NOW BE IT RESOLVED BY THE CODE ENFORCEMENT BOARD OF THE CITY OF PASCO; That the following cases be dismissed without penalty: Service CE112010 -0823. BARRAGAN, ISIDRO CEB2010 -0870 KYSAR, JEREMY W CEB2010 -0880 SNYDER, HELEN CEB2010 -0885 GRAY, GEOFFREY CEB2010 -0894 RIVARD, TOMMY CEB2010 -0895 FRANCO, EDFL13ERTO D. CEB2010 -0898 DALLAS, SFIERRIE CEB2010 -0916 ANDRADE, ROCIO CEB2010 -0924 PRESTON, CINDY J CEB2010 -0927 DE JESUS, ALICIA CEB2010 -2316 TREJO, ANAYELO TORRE CEB2010 -2506 HOLLINGSWORTH, CHRIS CEB2010 -2532 SALDANA, VICTOR Repeat Daily Monetary Page 1 of 4 Service Repeat Daily Monetary CEB2010 -2539 POWELL -PASCO LLC CEB2010 -2574 dba: SMART ELECTRIC LLC CEB2010 -2718 STEVENS, JOHN E CEB2010 -2729 OLIVERA, ISMAEL & MARIA CEB2010 -2731 HISSAM, WILLIAM & REBECCA CEB2010 -2762 GARCIA, BERTHA D CEB2010 -2796 CHAVEZ, MACARIO CEB2010 -2810 DAVALLE, ROBERT G & SHIRLEY A Be it further resolved the following people were not properly notified of alleged violations of the Pasco Municipal Code and hearings for their cases should be deferred until such times as they are properly notified: Service Repeat Daily Monetary CEB2010 -0841 MADRIGAL, BENEDICTA CEB2010 -0850 BAILIE, BRITTANIE A. CEB2010 -0867 TALAVERA, RAFAEL CEB2010 -0869 GONZALEZ, LORENA CEB2010 -0875 QUIGLEY, RENAE & TODD CEB2010 -0883 WALSI3, JESSE R CEB2010 -0891 MCCULLOUGIi, REID D CE132010 -0902 STONEKING, STEVE CEB2010 -0908 WRIGHT, GREG CEB2010 -0919 JOJOLA, TED CEB2010 -0925 FLORES, DAVILA A & PAULA Page 2 of 4 Service CEB2010 -1188 GARZA, AMADELIA CEB2010 -2451 MOLINA, REYNA CEB2010 -2602 GARCIA, NATIVIDAD M CEB2010 -2705 NUNEZ, FRED Repeat Dail fifty dollars ($50) CEB2010 -2777 GARCIA, RUBEN thirty-five dollars ($35) fifty dollars ($50) Be it further resolved that the Code Enforcement Board accepts or continues the below listed cases and voluntary correction agreements: Service CEB2010 -0764 ESPINOSA, JESUS SANCHEZ CEB2010 -2533 DELAMORA, FILEMON & GUADALUPE Repeat Daily . Monetary Monetary Be it further resolved that the following cases are now in compliance. However, proper notification of certain people required use of a professional process server and a monetary service penalty of thirty-five dollars ($35.00) is assessed in each case therefor; and certain properties and people were found in repeat violation of the Pasco Municipal Code and a. minimum mandatory monetary penalty of two hundred dollars ($200.00) is assessed for each repeat violation therefor; and certain properties and people were assessed a minimum mandatory monetary penalty of fifty dollars ($50.00) for certain violation(s) of the Pasco Municipal Code therefor: Service Repeat Daily Monetary Be it further resolved that the following people were properly notified of alleged violations of the Pasco Municipal Code but have failed to appear before the Pasco Code Enforcement Board for hearings on the date prescribed and said alleged violations have not been abated as required or were abated by the City and abatement costs, timeframes for compliance and daily monetary penalties in the amounts not to exceed those established by PMC 11.02.050 and as may be determined by the Community Development Director ace assessed for each civil violation therefore: Service Repeat Daily Monetary CEB2010 -2511 ASH, ANGIE M fifty dollars ($50) CEB2010 -2706 MORALES, OSCAR I (JR) fifty dollars ($50) CEB2010 -2708 SIDIBE, AISSATA fifty dollars CEB2010 -2778 SANDOVAL- MONTEJANO, MARIA fifty dollars CEB2010 -2786 CENICEROS, AURELIO two hundred dollars ($200) one hundred dollars ($100) Be it further resolved that the following people were properly notified of alleged violations of the Pasco Municipal Code and have appeared before the Pasco Code Enforcement Board for hearings on the date prescribed and the Board issued orders therefor--. Service Repeat Daily Monetary CEB2010 -2668 BERG, ZACHARIAH M two hundred dollars ($200) ;Page 3 of 4 Service CEB2010 -2730 HARRIS, MATILDA CEB2010 -2815 DIAZ, JESUS JOSE HIGAREDA Total number of cases: 4.7 1 Passe the Code E cement Board of the City.of Pasco on December 2, 2010 r ATTEST: Daniel Gottschalk, Chairperson R. epeat two hundred dollars ($200) twenty dollars ($20) Daily fifty dollars ($50) Mitch Nic olds, Inspection Services Manager Monetary Page 4 of 4 2010 STATUS REPORT CODE ENFORCEMENT INSPECTION DECEMBER OFFICER ► Martin B. Debra S. Erin R. Lloyd Mitch N. MONTHLY Year to (Martin's (Erin's is in C. TOTAL Date VIOLATION TYPE primary training to Jake .. duty is take over H. rental unit rental unit inspections) inspections in 2011. Property 1 111 1 2 16 131 1,355 Nuisances Housing Code 0 3 13 0 0 16 90 Business Licenses 0 2 2 0 3 7 333 Dog Licenses/ 0 0 1 0 0 1 1,264 Animal Related Courtesy 0 0 0 0 0 0 243 Correction Notices RV's /Utility 0 0 1 0 9 10 63 Trailers /Athletic Equipment Stored in Streets 1 116 18 2 28 165 3,348 TOTAL ► Note: Counts reflect only code enforcement inspections that resulted in issuance of an initial written Correction Notice. December 2010 STATUS REPORT CODE ENFORCEMENT COMPLIANCE ACTIONS RENTAL INSPECTIONS /CERTIFICATIONS 2009/2010 INSPECTION PERIOD LICENSED UNITS UNITS BY TO BE INSPECTED PASS FAIL CORRECTIONS CORRECTIONS DISTRICT CERTIFIED COMPLETED IN PROGRESS ESTIMATED TOTAL - 5,788 DISTRICT 1 -2009 JANUARY - MARCH 536 15 0 15 14 1 DISTRICT 2 -2009 APRIL -JUNE 649 544 543 1 1 0 DISTRICT 3 -2009 0 JULY - SEPTEMBER 638 609 604 5 5 DISTRICT 4 -2009 OCTOBER - DECEMBER 577 559 558 1 1 0 DISTRICT 5 -2010 JANUARY -MARCH 585 577 571 6 6 0 DISTRICT 6 -2010 APRIL -JUNE 606 600 599 1 1 0 DISTRICT 7 -2010 JULY - SEPTEMBER 643 627 626 1 1 0 DISTRICT 8 -2010 OCTOBER - DECEMBER 673 638 595 43 36 7 TOTALS 4,907 4,169 4,096 73 65 8 PASCO RENTAL LICENSE PROGRAM 2010 DECEMBER MONTH ESTIMATED # OF RENTAL UNITS TO BE LICENSED RENTAL UNITS LICENSED (From Applications and License Renewals) CERTIFIED NON- RENTAL UNITS ESTIMATED UNLICENSED RENTALS (Remaining) NOTICES ISSUED (4,718 = 2009 Total) JANUARY 5,788 +33 0 1,037 22 FEBRUARY 5,788 +37 0 1000 4 MARCH 5,788 +63 0 937 17 APRIL 5,788 +35 2 900 16 MAY 5,788 0 0 900 7 JUNE 5,788 +54 0 846 18 JULY 5,788 +14 0 832 26 AUGUST 5,788 +46 0 786 0 SEPTEMBER 5,788 +13 0 773 0 OCTOBER 5,788 +4 0 769 8 NOVEMBER 5,788 +11 0 758 1 DECEMBER 5,788 +5 1 752 3 TOTALS 5,788 5,033 1 3 1 752 122