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