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HomeMy WebLinkAbout04072011 Code Enforcement Board PacketMEMORANDUM DATE: March 31, 2011 Distribution D Cooper TO: Code Enforcement Board D Duncan D Gottschalk FROM: Erin ogi ski on behalf of Mitch Nickolds, D Speer Inspections Services Manager M Gutierrez Community & Economic Development SUBJECT: CEB Determination Hearing April 7, 2011 I am writing to confirm that the Code Enforcement Board will meet on April 7 2011 at 7:00 p.m., in Pasco City Council chambers. Please find attached the following: (1) An agenda for April 7, 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. -RI 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 Baraj as, 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, April 7, 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 -2607 620 W SHOSHONE ST - BAUMGARTNER, DUANE D owner Debbie Scott, Code Enforcement Officer Description: Two vans on unapproved surface. PMC 25.78.030 (4) (1) Violation: Vehicles are being parked on an unapproved surface (such as dirt or grass) and /or more than four (4) vehicles at a time are being parked in the front driveway. (2) Corrective Action: Park ALL vehicles on an approved surface such as asphalt, gravel or concrete and /or discontinue parking more than 4 vehicles at a time in the front driveway. Description: weeds in rear of 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. Description: Trash, litter and miscellaneous debris located on this property. 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. CEB2011 -0065 408 N OWEN AVE - GUICE, RAYFORD & LOPEZ, AURORA owner Debbie Scott, Code Enforcement Officer Description: FENCE SCREENING OF UNAPPROVED MATERIALS PMC 25.75.050 (1) (E) CEB Agenda Page 1 of 4 (1) Violation: Fence(s) constructed out of unpermitted materials (such as vehicle parts, pallets, bed springs, tarps, plastic sheets, corrugated sheet metal, or other materials not specifically manufactured for the construction of fences) or fences constructed from chicken wire or other similar wire -type fencing materials. (2) Corrective Action: Apply for and obtain a building permit (543 -5726) for all fences on the property or remove all unpermitted fences and screening. Description: FAILURE TO MAINTAIN GARBAGE SERVICE PMC 604.090 (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). Description: 3 DOGS NO LICENSES AT THIS LOCATION. PMC 8.02.190 (1) Violation: All dogs over seven (7) months of age must be licensed with the City of Pasco. (2) Corrective Action: License all dogs over the age of seven (7) months with the City of Pasco (please call (509) 545 -3488 for more information). Description: TRASH, AND MISCELLANEOUS DEBRIS ON THIS PROPERTY FRONT AND BACK 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. Description: SCRAP METAL & HOUSEHOLD APPLL4NCE IN REAR YARD PMC 9.60.030 (9) (1) Violation: Scrap metal, ashes, bric -a -brac, broken stone or cement, broken crockery, broken glass, broken plaster, automobile bodies and /or parts, and all such trash or abandoned material that are not kept in approved containers. (2) Corrective Action: Remove all vehicle parts, scrap metal, machinery, disassembled vehicles, etc. from the property or store these items in an enclosed container or building. Remove and lawfully dispose of all junk items (e.g. any items or which have served their intended original purpose) and unusable vehicle parts. CEB2011 -0113 1431 W LEWIS ST - ESCAMILLA, ALFONSO & MARGARITA owner Debbie Scott, Code Enforcement Officer Description: WATER SERVICE HAS BEEN DELINQUENTLY SHUT OFF. 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. CEB2011 -0122 419 MADRONA AVE - GARZA, BLANCA (ET VIT) & ZARAGOZA AGUSTIN owner Debbie Scott, Code Enforcement Officer CEB Agenda Page 2 of 4 Description: NO GARBAGE SERVICE PMC 604.090 (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). CEB2011 -0345 524 S SYCAMORE AVE - FUENTES, JOSEPHINE D, owner Debbie Scott, Code Enforcement Officer Description: UNPERMITTED USE OF PROPERTYINA R -1 ZONE. PMC 25.28.030 (2) (1) Violation: Using a property in an R -1 zone for an unpermitted home occupation. (CUTTING UP AND SCRAPPING OUT VEHICLES). (2) Corrective Action: Discontinue the unpermitted home occupation. Permitted home occupations are defined by PMC 25.12.220 as "a profession, trade, skill or service possessed and utilized, in whole or in part, by a family member(s) for monetary gain within or upon the premises of a permanent dwelling units in a residential district. A home occupation shall NOT involve wholesale or retail sales of any general or specific line of merchandise, products, goods or wares upon said premises, unless such articles are produced thereon in the conduct of the profession, trade, skill or service. " ALL home occupations require a City of Pasco Home Occupation business license. Description: THE DISASSEMBLING OFAUTOMOBILES, TRUCKS, VEHICLE PARTSANDTIRES. 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: LARGE QUANTITY OF MISCELLANEOUS DEBRIS LOCATED ON THIS PROPERTY. 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. Description: HOUSEHOLD APPLIANCES, SCRAP METAL AND VEHCILE PARTS PMC 9.60.030 (9) (1) Violation: Scrap metal, ashes, bric -a -brac, broken stone or cement, broken crockery, broken glass, broken plaster, automobile bodies and/or parts, and all such trash or abandoned material that are not kept in approved containers. (2) Corrective Action: Remove all vehicle parts, scrap metal, machinery, disassembled vehicles, etc. from the property or store these items in an enclosed container or building. Remove and lawfully dispose of all junk items (e.g. any items or which have served their intended original purpose) and unusable vehicle parts. CEB Agenda Page 3 of 4 c. Amendments d. Dismissals e. Motion E. STAFF REPORT AND OTHER BUSINESS a. Discussion regarding the need for a special Code Enforcement Board meeting on May le, 2011. b. Motion to approve the special meeting. F. ADJOURNMENT CEB Agenda Page 4 of 4 CODE ENFORCEMENT MINUTES MEETING OF MARCH 3, 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 Don Cooper Dennis Duncan Mary Gutierrez Dwayne Speer C. ADOPTION OF MINUTES: Board Member Duncan moved, seconded by Board Member Cooper, that the minutes of the February 3, 2011 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. Thornhill, Timothy, case number CEB2010 -2458 for 1219 S 13TH Ave Mr. Nickolds called Debbie Scott, Code Enforcement Officer, to read the case facts into the record. 03 -11 Minutes Page 1 of 4 Ms. Scott indicated that the cited violations on this property were Pasco Municipal Code (PMC) 25.75.050 (4) At least fifty percent (50 %) of the required front yard area has NOT been landscaped with live vegetation, PMC 9.60.030 (16) 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 "), 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 have not been corrected. The City recommended that the property owners be given 30 days to correct the remaining violations or pay a penalty of $50 per day for 10 days and be given until April 1St to complete the front yard landscaping. CODE BOARD DECISION: Board Member Duncan moved, seconded by Board Member Cooper, that violations to the PMC had occurred and were shown by a preponderance of the evidence. The motion carried unanimously. Board Member Speer further moved, seconded by Board Member Duncan, that the owners be given 45 days and the property will be inspected every two weeks, if there is no visible progress the property owner be assessed a penalty of $50 per day for 10 days. At the end of the 45 days the property must be in compliance or owners must pay a penalty of $50 per day for 10 days. ii. City of Pasco vs. Thornton, Edwin & Lynda, case number CEB2010 -2989 for the pronerty at 1740 N 14t6 Ave. 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 25.78.030 (4) Vehicles are being parked on an unapproved surface (such as dirt or grass) and/or more than four (4) vehicles at a time are being parked in the front driveway, PMC 9.60.030 (12) 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, 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 the violations had been corrected. The City recommended that the property owners be assessed $200 for a repeat violation. 03 -11 Minutes Page 2 of 4 CODE BOARD DECISION: Board Member Cooper moved, seconded by Board Member Duncan, 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 Duncan, that the property owner be assessed a $200 repeat penalty to be held in abeyance for 12 months and dismissed if the property is in compliance 12 months. iii. City of Pasco vs. Hazen, Kermit, case number CEB2011 -0159 for the property at 824 W Marie St Mr. Nickolds called Debbie Scott, Code Enforcement Officer, to read the case facts into the record. Ms. Scott stated that the cited violation was PMC 6.04.090 Lack of required garbage service through Basin Disposal Inc. (service is required for all occupied residences and businesses within the City). Ms. Scott advised the Board that these violations had been corrected. The City recommended that the property owners be assessed $200 for a 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 Speer further moved, seconded by Board Member Cooper, that the property owner be assessed a $50 repeat penalty to be held in abeyance for 12 months and dismissed if the property is in compliance for 12 months. c. Amendments Resolution 2011 -03 was amended to reflect case CEB2011 -0121 would be moved to the penalties section of the Resolution since the owner scheduled an appearance but failed to appear at the hearing. Resolution 2011 -03 was amended to reflect case CEB2010 -0645 has been continued to the next meeting. Mr. Nickolds asked that the Board approve resolution 2011 -03 as amended. d. Dismissals None e. Motion Board Member Duncan made a motion to accept Resolution No. 2011 -03 as amended, Board Member Cooper seconded. The motion carried unanimously. E. STAFF REPORT AND OTHER BUSINESS: Remembrance of Bud King, Housing development remains strong this year, Announcement of Executive Director Position Open for the newly formed Down Town Pasco Development Authority. 03 -11 Minutes Page 3 of 4 F. ADJOURNMENT There being no further business before the Pasco Code Enforcement Board, the meeting was adjourned by Chairperson Gottschalk at 7:43 p.m. On behalf of Mitch Nickolds, Secretary MN /cs 03 -11 Minutes Page 4 of 4 MEMORANDUM March 24, 2011 TO: Rick. White, Director, Community & Economic Development FROM$ Mitch Nicko4sye tion Services Manager SUBJECT: Code Enforcement Activity Reports Reports for the Month of February 2011 Please find attached copies of the Code Enforcement Activity Reports for the month of Janua : (1) (2) (3) CEB Resolution, February 3, 2011 The resolution shows all the Code Enforcement Board actions and cases that the Board has ruled on at their monthly hearing. S ►rt Code En] 11 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. Code Enforc 20011 -2012 li ;ertifications 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 2011 This report tracks progress in the annual licensing of rental units. As of February, 2011, 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 February, 5,034 dwelling units have been licensed or certified as non - rentals. This is almost 87% of the estimated total. February Code Enforcement /Rental License Program Highlights In February, the City completed our annual effort to locate and identify as many unlicensed dogs in the City as possible. During the canvassing effort 1,233 potentially unlicensed dogs were located. Of those, 173 were voluntarily licensed prior to the February 28 deadline. The owners of the remaining 1,060 unlicensed dogs will be issued formal correction notices requiring them to license their dogs and pay late fees. In addition, approximately 130 dog owners will be issued Repeat Notices of Civil Violation for failing to license the same dogs they were notified to license in 2010. The February report will be submitted on April 11, 2011. If you have any questions during the interim, please call. 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