HomeMy WebLinkAbout08042011 Code Enforcement Board PacketMEMORANDUM
DATE:
August 1, 2011
TO:
Code Enforcement Board
FROM:
Mitch Nick
Inspections e
s Manager
Community & Economic Development
SUBJECT:CEB Determination Hearing
August 4, 2011
I am writing to confirm that the Code Enforcement Board will meet on August 4,
2011 at 7:00 p.m., in Pasco City Council chambers.
Please fmd attached the following:
(1)An agenda for August 4, 2011;
(2)Minutes of the two July CEB meetings;
(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
Distribution
D Cooper
D Duncan
D Gottschalk
D Speer
M Gutierrez
Agenda for the
Code Enforcement Board
of the
City of Pasco, Washington
Thursday, August 4, 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
CEB2010-0506 4906 TRUMAN LN - LOUDERBACK, EARLS& DENNAG,owner
Erin Roginski,Code Enforcement Officer
Description: Side and rear yards have not been landscaped or treated for dust control. PMC 25.75.050 (5)
(1)Violation:
Portions of your property that are not landscaped or covered with improvements have NOT been treated to prevent blowing
dust and erosion.
(2)Corrective Action:
Install live ground cover, such as grass, on all portions of the property that have not been landscaped or treat those portions
with a cover that prevents blowing dust (i.e. pea gravel, bark, decorative rock, etc.).
Description: Dust from unlandscaped rear/side yards is blowing onto neighboring properties. PMC 9.56.030,
9.56.040
(1)Violation:
Allowing blowing (fugitive) dust to leave the property.
(2)Corrective Action:
Treat all exposed and/or disturbed soils with an approved dust control treatment (i.e. hydro seed, mulch, landscaping, sprinkler,
etc.) to prevent blowing dust from leaving the property.
CEB2011-02411503WLEWIS ST - AGUILAR, MELESIO, owner
Debbie Scott, Code Enforcement Officer
Description: A PERMIT WAS OBTAINED BUT NOT FOR THE SCOPE OF WORK BEING PREFORMED. PMC
16.04.010
(1)Violation:
Failure to secure a City of Pasco building permit that incompasses all work being done at this location.
(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.
Description: Advertise a business not licensed. PMC 17.09.050
(1) Violation:
CEB Agenda
Page 1 of 5
Any sign, including support frames, now or hereafter existing which no longer advertises a bona fide business conducted, or a
product sold or service rendered.
(2) Corrective Action:
Remove the advertising copy by painting or coating out within 30 days. All sign frames and supports of abandoned signs must
be removed within one year of the date of abandonment or business closure.
Description: POLE SIGN IN FRONT OF PROPERTY IS FADED AND NEEDS TO BE MAINTAINED AND
PROFESSIONALLY RESTORED. PMC 17.11.020 (F)
(1)Violation:
Failing to maintain all signs/sign faces, visible from the street and/or allowing your sign(s)/sign face(s) to be distracting to
motorists, unclear, illegible, or incompatible with other permitted signs within that zoning district.
(2)Corrective Action:
Ensure that your sign(s)/sign face(s) are visible from the street and/or that your sign(s)/sign face(s) are not distracting to
motorists, that they are readable and legible and that they are compatible with other permitted signs in your zoning district (for
information on compatible signs, please contact a City of Pasco planner at 545-3441).
CEB2011-1487 622 W CLARK ST - IGLESIA EVANGELICA CRISTIANA, owner
Jake Hickman, Code Enforcement Officer
Description: PMC 13.16.020 (b) (c)
(1)Violation:
Installing or maintaining a cross-connection from the public water supply to any other water supply system, operating a private
water supply while connected to City water, and/or failing to install and maintain an approved backflow prevention assembly.
(2)Corrective Action:
Submit documentation showing an approved backflow prevention assembly has been properly installed and meets minimum
Washington State Department of Health and City of Pasco requirements.
CEB2011-14881215 W COURT ST - IGLESIA EVANGELICA CRISTIANA E, owner
Jake Hickman, Code Enforcement Officer
Description: PMC 13.16.020 (b) (c)
(1)Violation:
Installing or maintaining a cross-connection from the public water supply to any other water supply system, operating a private
water supply while connected to City water, and/or failing to install and maintain an approved backflow prevention assembly.
(2)Corrective Action:
Submit documentation showing an approved backflow prevention assembly has been properly installed and meets minimum
Washington State Department of Health and City of Pasco requirements.
CEB2011-1571911 N 15TH AVE - PARRA, JULIAN &ANGE, owner
Debbie Scott, Code Enforcement Officer
Description: PERMIT #B10-0984 EXPIRED FOR FENCE INREAR AND DRIVEWAY WITH APPROACH IRC
R105.5
(1)Violation:
Failure to complete your construction project before your building permit expired.
(2)Corrective Action:
Renew your building permit with the City of Pasco Building Department. For questions regarding permit renewals or other
-permit-questions,please call-theBuilding-Departmentat(509)_543-5726.___
Description: HOUSEHOLD APPLIANCE AND MISCELLANEOUS DEBRIS SPILLING OUT OF THIS VAN ONTO
THE SIDEWALK AND STREET OBSTRUCTING THE PUBLIC RIGHT OF WAY. PMC 9, 60.020 (3)
(1) Violation:
CEB Agenda
Page 2 of 5
Unlawfully interfering with, obstructing or tending to obstruct or render dangerous for passage any public right-of-way (i.e.
stream, public park, parkway, square, street, highway or sidewalk) in the city.
(2) Corrective Action:
Remove all items/objects/vehicles/etc. which may be obstructing any public right-of-way.
Description: FENCE WILL BE INSPECTED ON PERMIT. 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: STORAGE OF JUNK VEHICLE FILLED WITH DEBRIS, FLAT TIRES AND JACK UNDER IT ON
CITY RIGHT OF WAY. 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: (REPEAT) MISCELLANEOUS DEBRIS IN THE REAR AND FRONT YARD AREAS. 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.
CEB2011-2568 5904 TAFT DR - GARCIA, NATIVIDAD M, owner
Martin Barajas, Code Enforcement Officer
Description: Semi tractor (black) parked on the street PMC 10.52.030 (2)
(1)Violation:
Parking a vehicle with a maximum gross weight of fourteen thousand (14,000) pounds or more anywhere on or off the street in
a residential zone of the City.
(2)Corrective Action:
Discontinue the parking of ANY vehicles exceeding 14,000 pounds in ANY residential zone within the City.
CEB2011-2670 726 S HUGO AVE -ROOT,BRANDON W&NIKKI L, owner
Debbie Scott, Code Enforcement Officer
Description: DRIED WEEDS IN REAR YARD (FIRE HAZARD) PMC 9.60.030 (16)
(1) Viôlâtion:
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").
CEB Agenda
Page 3 of 5
(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.
CEB2011-2673 418 S 23RD AVE - CASEY (ETAL), MICHAEL, owner
Debbie Scott,Code Enforcement Officer
Description: TENT BEING OCCUPIED/USED ON THIS PROPERTY AS TEMPORARY STRUCTURE IBC 107.1
(1)Violation:
Temporary-type structure has been erected without a building permit from the City of Pasco.
(2)Corrective Action:
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, the unpermitted structure must be removed.
Description: PROPERTY'S NOT ZONED FOR RECREATIONAL OCCUPATIONAND BURNING IS
ENDAGERING THE COMFORT, REPOSE, HEALTHAND SAFETY OF OTHERS. PMC 9.60.020 (1)
(1)Violation:
Any action or inaction which unreasonably annoying injuring or endangering the comfort, repose, health or safety of others.
(2)Corrective Action:
Discontinue any act which violates the provisions of this ordinance.
Description: DRIED WEEDS CAUSING A FIRE HAZARD 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.
CEB2011-26751603WLEWIS ST - LINDSTROM, FRANK, owner
Debbie Scott,Code Enforcement Officer
Description: (REPEAT) WEEDS 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.
CEB2011-2681314WB ST - RIVERA, JOSEFINA, owner
Debbie Scott,Code Enforcement Officer
Description.: (REPEAT)DANGEROUSE, UNSIGHTLY,DILAPIDATED, ABANDONED BUILDING,PMC 9.60.030_
(11)
(1) Violation: UNSIGHTLY, DILAPIDATED, DANGEROUSE, ABANDONED BUILDING. 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.
CEB Agenda
Page 4 of 5
(2) Corrective Action: RESTORE, REPAIR OR REMOVE THE UNSIGHTLY, DILAPIDATED, DANGEROUSE,
ABANDONED BUILDING AT THIS LOCATION. PERMITS MUST BE OBTAINED TO DEMOLISH, RESTORE OR
REPAIR. 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: (REPEAT)--DRIED WEEDS, CAUSINGA FIRE HAZARD. 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: VEHICLE TIRES DUMPED AT THIS LOCATION. 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.
Description: UNSECURED, DELAPIDATED STRUCTURE. PMC 9.60.040
(1)Violation: BROKEN WINDOWS CAUSING PROPERTY TO BE UNSECURED. Failure to secure an unoccupied or
abandoned building.
(2)Corrective Action: SECURE THE STRUCTURE BY BORDING UP ALL OPENINGS. 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).
Description: PROPERTYBEING GRAFFITIED ONA REGULAR BASIS. PMC 9.85.050 (1) (2)
(1)Violation: GRAFFITI
Permitting graffiti to remain unabated on any portion of any property.
(2)Corrective Action: CONTINUE TO MAINTAIN THIS PROPERTY FREE OF GRAFFITI AT ALL TIMES.
Remove or paint over all graffiti until it is no longer visible. Maintain property free from graffiti.
c.Amendments
d.Dismissals
e.Motion
E. STAFF REPORT AND OTHER BUSINESS
a. Note that CEB2011-2601 in re: 903 N 7t11 Ave (expired rental license) was assessed a penalty in error at the previous
special meeting of the Code Enforcement Board on July 20, 2010 due to a miscommunication between departments.
This case will be placed on Resolution 2011-8 showing that the case has been dismissed without penalty.
- -- F.-_^DJOURNMENT _ __-
CEB Agenda
Page 5 of 5
CODE ENFORCEMENT MINUTES
MEETING OF JULY 7,2011 .
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
Dwayne Speer
Don Cooper
Dennis Duncan
Mary Gutierrez
C.ADOPTION OF MINUTES:
Board Member Duncan moved, seconded by Board Member Gutierrez, that the minutes of the June
2, 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. Diaz, Benito, case number CEB2010-2802 for the property at
NKA Vacant Property 112081475
Mr. Nickolds called Debbie Scott, Code Enforcement Officer, to read the case facts into the
record.
07-07-11 Minutes
Page 1 of 7
Ms. Scott indicated that the cited violations on this property were Pasco Municipal Code
(PMC) 25.69.040 (1) Occupying recreational vehicle(s) overnight while not in a
recreational vehicle park, PMC 25.75.050 (1) (E) 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, PMC
5.04.020 Engaging in business within the City of Pasco without a required City of Pasco
business license and 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. Ms. Scott advised the Board that PMC 5.04.020 and 9.60.030 (12) violations
have not been corrected.
The City recommended that the property owners be given 10 days to correct the remaining
violations or pay a penalty of $50 per day for 10 days.
Mr. Eric C. Eisinger, Mr. Diaz Lawyer, added exhibits to the case, including a sworn
declaration under oath from Mr. Diaz.
CODE BOARD DECISION: Board Member Duncan 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 Speer further moved, seconded by Board Member Cooper, that the property
owner be given 90 days to correct PMC 9.60.30 (12) or pay a penalty of $50 per day for 10
days. Board Member Speer further moved, seconded by Board Member Gutierrez that
PMC 5.04.020 be dismissed.
ii. City of Pasco vs. Martinez, Rodolfo, case number CES2010-2803 for the property at
216 N Idaho 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 International Residential
Code ()RC) R109.1.6 Failure to schedule a final inspection for your construction project,
PMC 5.04.020 Engaging in business within the City of Pasco without a required City of
Pasco business license, PMC9.60.030 (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 and 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
07-07-11 Minutes
Page 2 of 7
material on areas of the property other than approved garbage containers. Ms. Scott advised
the Board that PMC 5.04.020 and 9.60.030 (12) violations have not been corrected
The City recommended that the property owners be given 10 days to correct the remaining
violations or pay a penalty of $50 per day for 10 days.
Carolina Munoz of 832 N Sycamore Ave spoke on behalf of Mr. Martinez.
CODE BOARD DECISION: Board Member Duncan 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 Speer further moved, seconded by Board Member Duncan, that the
property owner be given 90 days to correct the remaining violations or pay a penalty of $50
per day for 10 days.
iii. City of Pasco vs. Gomez SR, Nelson A (ETUX) & Bravo, Irene, case number
Ave.CEB2011-0249 for the property at 928 S 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 (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 and PMC 9.60.030 (9) 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. Ms. Scott advised the Board that these violations have not been
corrected.
The City recommended that the property owners be given 10 days to correct the remaining
violations or pay a penalty of $50 per day for 10 days.
Herson Urrieta spoke in behalf of Mr. Gomez.
CODE BOARD DECISION: Board Member Duncan 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 Gutierrez, that the
property owner be given 10 days to correct the remaining violations or pay a penalty of $50
per day for 10 days.
07-07-11 Minutes
Page 3 of 7
iv.City of Pasco vs. Gomez, Nelson A, case number CEB2011-1482 for the property at
416 W Shoshone St.
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 25.28.020 (1)
Allowing multiple dwelling units on your property, PMC 5.78.010 A City of Pasco rental
license is required for all rental dwelling unit(s), PMC 5.78.020 A certificate of inspection
is required to be submitted to the City for all rental dwelling unit(s) and PMC 9.60.030 (11)
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. Ms. Scott advised the Board that
these violations have not been corrected.
The City recommended that the property owners be assessed $200 for a repeat violation
and be given 10 days to correct the remaining violations or pay a penalty of $100 per day
for 10 days.
Erson Urrieta spoke on behalf of Mr. Gomez.
CODE BOARD DECISION: Board Member Cooper 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 Duncan further moved, seconded by Board Member Speer, that the
property owner be assessed $200 for a repeat violation, be given 6 months to restore 'die
illegally occupied garage to a garage and be given 10 days to correct the remaining
violations or pay a penalty of $100 per day for 10 days and
v.City of Pasco vs. Ponce, Tovias G&Antonia, case number CEB2011-0710 for the
property at 1020 S 5thAve.
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 10.52.030 (2)
Parking a vehicle with a maximum gross weight of fourteen thousand (14,000) pounds or
more anywhere on or off the street in a residential zone of the City, 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 and PMC 9.60.030 (16)
Weeds, noxious weeds, grass, and other vegetation which constitutes a fire hazard,
-encroaches-on-sidewalks-or--neighbor-ing-properties;- is-damaging-public improvements;--- -
-
07-07-11 Minutes
Page 4 of 7
impairs the vision of traffic signs or signals, and/or has reached a height of twelve inches
(12"). Ms. Scott advised the Board that these violations have not been corrected.
The City recommended that the property owners be assessed $200 for a repeat violation
and be given 10 days to correct the remaining violations or pay a penalty of $100 per day
for 10 days.
Board Member Gutierrez excused herself from the case.
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.
Board Member Speer further moved, seconded by Board Member Cooper, that the property
owner be assessed $200 for a repeat violation and $100 be held in abeyance for a period of
12 months and be given 10 days to correct the remaining violations or pay a penalty of
$100 per day for 10 days.
vi. City of Pasco vs. PROMOCIONES NOE, case number CEB2011-1585 conducting
business at 6600 Burden Blvd.
Mr. Nickolds, Inspection Services Manager, read the case facts into the record.
Mr. Nickolds indicated that the cited violations on this property were PMC 17.13.010
Erecting, maintaining, locating or relocating any unpermitted off-premise sign of any kind
within the City of Pasco, PMC 5.04.020 Engaging in business within the City of Pasco
without a required City of Pasco business license and PMC 9.61.020 (C) (1) Allowing
sounds made by the use of a musical instrument, whistle, sound amplifier, juke box, radio,
television, or other similar device to emanate from your building, structure, or property
between the hours of 10:00 p.m. and 7:00 a.m. Mr. Nickolds advised the Board that these
violations have been corrected.
The City recommended that the property owners be assessed $35 for a service penalty and
immediately pay $350 for operating a business without a license.
Noe Gonzalez of Portland, OR spoke on behalf of PROMOCIONES NOE.
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.
Board Member Duncan further moved, seconded by Board Member Gutierrez, that the
property owner be assessed $35 for a service penalty and immediately pay $350 for
operating a business without a license. PROMOCIONES NOE shall hire professional
sound monitoring services for any future events in Pasco where amplified sound will be
used. All costs for the sound level monitoring service will be paid by PROMOCIONES
NOE.
07-07-11 Minutes
Page 5 of 7
vii.City of Pasco vs. Soto, Antonio (ETAL), case number CEB2010-2799 for the property
at NKA Vacant Property 112102037
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 16.04.010 Failure
to secure a City of Pasco building permit, 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 9.56.030, 9.56.040 Allowing blowing
(fugitive) dust to leave the property, 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 and 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"). Ms. Scott advised the
Board that these violations have not been corrected.
The City recommended that the property owners be given 10 days to correct the remaining
violations or pay a penalty of $50 per day for 10 days.
CODE BOARD DECISION: Board Member Speer 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 Speer further moved, seconded by Board Member Duncan, that the
property owner be given 90 days to correct the remaining violations or pay a penalty of $50
per day for 10 days.
viii.City of Pasco vs. Soto, Antonio & Anita, case number CEB2010-2800 for the
property at 209 N Franklin 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 16.04.10 Failure to
secure a City of Pasco building permit, 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 5.04.020 Engaging in business within the City of
Pasco without a required City of Pasco business license, 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 côntraetPfs orbnild -ets or by ôfhr p&sons and PMC 9.30.030 (16) Weeds; rioxioUs
07-07-11 Minutes
Page 6 of 7
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"). Ms. Scott advised the
Board that these violations have not been corrected.
The City recommended that the property owners be given 10 days to correct the remaining
violations or pay a penalty of $50 per day for 10 days.
CODE BOARD DECISION: Board Member Duncan 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 Speer further moved, seconded by Board Member Duncan, that the
property owner be given 10 days to correct PMC 9.60.030 (16) and be given 90 days to
correct the remaining violations or pay a penalty of $50 per day for 10 days.
c.Amendments
Resolution 2011-07 was amended to reflect cases CEB2011-0550 and CEB2011-1454 will
be moved to the penalties section of the Resolution since the owner scheduled an
appearance but failed to appear at the hearing.
d. Dismissals
None
e. Motion
Board Member Duncan made a motion to accept Resolution No.. 2011-07 as amended,
Board Member Cooper seconded. The motion carried unanimously.
E.STAFF REPORT AND OTHER BUSINESS:
A special hearing will be held on Wednesday, July 20 th , 2011, to discuss alleged violations of the
Pasco Municipal Code, specifically Business Licenses. Dog canvassing numbers are not available
but a greater number of dog licenses were issued. About 1700 notices were sent to vacant lots within
the city informing owners about property maintenance.
F.ADJOURNMENT
There being no further business before the Pasco Code Enforcement Board, the meeting was
adjourned by Chairperson Gottschalk at 9:53 p.m.
07-07-11 Minutes
Page 7 of 7
CODE ENFORCEMENT MINUTES
MEETING OF JULY 20, 2011
A.CALL TO ORDER
Board Member Speer 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
Dwayne Speer
Daniel Gottschalk, Chairperson
Dennis Duncan
Don Cooper
Mary Gutierrez
C.ADOPTION OF MINUTES:
Board Member Duncan moved, seconded by Board Member Gutierrez, that the minutes of the June
2, 2011 meeting be approved as mailed. The motion carried unanimously.
D.DETERMINATION HEARINGS:
Member Speer 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. Member Speer 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
Member Speer 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. Grimm, Belinda, case number CEB2011-2508 for the property at
4606 Cholla Ct.
Mr. Nickolds called Martin Barajas, Code Enforcement Officer, to read the case facts into
the record.
07-20-11 Minutes
Page 1 of 2
Mr. Barajas indicated that the cited violation on this property was Pasco Municipal Code
(PMC) 5.78.010 (Renewal) Failure to renew your City of Pasco rental license. Mr. Barajas
advised the violations have been corrected
The City recommended that the property be assessed $200 for a repeat penalty.
CODE BOARD DECISION: Board Member Duncan 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 Duncan further moved, seconded by Board Member Gutierrez, that the
property owner is assessed $200 repeat penalty to be held in abeyance for a period of 12
months.
c.Amendments
Resolution 2011-07-20 was amended to reflect case CEB2011-2422 will be moved to the
penalties section of the Resolution since the owner scheduled an appearance but failed to
appear at the hearing.
d. Dismissals
None
e. Motion
Board Member Duncan made a motion to accept Resolution No. 2011-07-20 as amended,
Board Member Gutierrez 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 Member Speer at 7:26 p.m.
07-20-11 Minutes
Page 2 of 2
MEMORANDUM'
July 14, 2011
TO:
Rick White, Director,
Cômmunity & Economic Development
rROM: . Mitch Nicko ^•r;^- ° •n Services Manager
SUBJECT:Code Enforcement Activity Reports
Reports for the Month of June, 2011
Please find attached copies of the Code Enforcement Activity Reports for the
month of June:
(1)CEB Resolution, June, 2011
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, June, 2011
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 ActiQns/Rental Ins.ections/Certifications
20011-2012
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 requiré 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 June 30; 5,070 dwelling units have 'been licensed or
certified as non-rentals. This is over 87% of the estimated total.
June Code Enforcement/Rental License Program Highlights
In June, following issuance of almost 1,700 courtesy notices encouraging
property. owners to voluntarily eliminate potential fire hazards and blowing dust
hazards on undeveloped lots, inspection of the affected properties found many
had been mowed and cleared of dried weeds and dead vegetation. The removal of
the combustible weeds on the fields nearest residential developments may have
played a role in the reduced number and damage caused by fires started with illegal
fireworks this year.
The July report will be submitted on August 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
Community Development Staff (Route COpy)
Code Enforcement Board
CITY OF PASCO
CODE ENFORCEMENT BOARD RESOLUTION
RESOLUTION NO. 2011 - 6
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 case's.
WHEREAS, the City of Pasco has found that there exist conditions on certain properties that constitirte violations of the Pasco Municipal Code; and
WHEREAS, the Code Enforcement 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:
CEB2011-0344 MARK KENNEWICK RESIDENTIAL II
.Service
Repeat
Daily JVionetan
CEB2011-0353 A.VALOS, ALICIA
CEB2011-0390 CORTEZ, GONZALO & MARIA E
CEB2011.-0442 SANDRA. K ALLEYNE FAMILY TRUST
CEB2011-0487 LOCKARD, KURT & CAMI
CEB2011-0496 ,PRATT, NATHAN R
CEB2011-0526 RAMIREZ, ANTONIO & OLIVA
CEB2011 :0545 ' MARTINEZ, MARIA R.
CEB2011-0556 ESPINOZA, CAROLINA
CEB2011-0557 GUEVARA,JESUS & NOE
CEB2011-0582 ROACH, HOLLY
CEB2011-0586 DE JESUS, FELIPE & WENDY
CEB2011-0609 WOODRUI+F, MICHAEL & MARILYN
Service.
Repeat
Daily
Monetary
CEB201P0622 THOMPSON, MICHAEL & ROBYN
CEB2011-0694 WEESE, JOHN & KAREN (III)
CEB2011-0695 MARTINEZ, JOSE EDUVIIES
CEB2011-0701 LEMON, DOUG
CEB2011-0715 OLIVERA, CUSTODIO &
CEB2011-1556 AHO CONSTRUCTION I INC
: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
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
CEB2011-0575 ESCALERA,RUBEN &. CARMEN thirty-five dollars ($35)
CEB2011-0651. MORA, JAVIERM
thirty-five dollars ($35)
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 havé 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 are assessed for each civil violation therefôre:
CEB2011-0474 CONTRERAS, JESUS SALVADOR
Service Repeat
two hundred dollars.($200)
CEB2011-0481 LOPEZ, ELIODORO CUEV thirty-five dollars ($35)
CEB201'1-0546 MILLS, KEVIN R ', thirty-five dollars ($35)
CEB2011-0603 LITTLER, JACQUELINE'
Be it further resolved that the Code Enforcement Board accepts or continues the below Iisted cases and voluntary correction agreements:
Service
Repeat
Daily
Monetary
Daily
Monetary
fifty dollars ($50)
fifty dollars ($50).
fifty dollars ($50) •
Page 2of3
Service Repeat -
CEB2011-0549 PONCE, SALOMON & BEATRIZ
CEB2011-0562 WOODHEAD, GEORGE W
CEB2011-0577 SALAZAR, CHRISTOPHER & CHARITY thirty-five dollars ($35)
CEB2011-0579 BRADY, JAMES H thirty-five.dollars ($35)
CEB2011-0592 FLORES, BOBBY W thirty-five dollars ($35)
CEB2011-0730 AGUILAR, MELESIO two hundred dollars ($200)
Daily
Monetary
fifty dollars ($50)
fifty dollars ($50)
fifty dollars ($50)
fifty dollars ($50)
fifty dollars ($50)
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
Total number of cases: 31
--
Passed by the Code Enforcement Board of the City of Pasco on June 2, 2011.
ATTEST:
Daniel Gottschalk, Chairperson
Mitch Nichol 's, pection Services Manager
Page 3 of 3
2011
STATUS REPORT
CODE ENFORCEMENT INSPECTION
JUNE
OFFICER ►
VIOLATION TYPE
Martin B.
Performs
Weekend
Patrols
and
bulk/mass
notices
unlicensed
dogs
Debra S.
Performs
Weekend
Patrols
Erin R.
Erin's
primary duty
is rental
inspections
in 2011
Lloyd
C.
Jake
H.
public
Works
Mitch N.
Division
Manager
MONTHLY
TOTAL
Year to
Date
Property
Nuisances
9 25 1 9 1 47 632
Housing Code 0 0 3 0 0 3 46
Business Licenses 60 60 3 0 0 123 216
Dog Licenses/
Animal Related
2 0 0 0 0 0 1037
Courtesy
Correction
Notices
0 0 0 0 0 0 0
RV's/Utility
Trailers/Athletic
Equipment
Stored in Streets
0 0 0 0 0 0 44
MONTHLY TOTAL
71 85 7 9 1 173 1975
YEAR-TO-DATE
TOTALS
1,273 537 70 52 43 1975 1975
Note:Counts reflect only code enforcement inspections that resulted in issuance
of an initial written Correction Notice.
June 2011
•
STATUS REPORT
CODE ENFORCEMENT COMPLIANCE ACTIONS .
RENTAL INSPECTIONS/CERTIFICATIONS
2011/2012
INSPECTION PERIOD
BY
DISTRICT
LICENSED UNITS
TO BE
CERTIFIED -
UNITS
INSPECTED PASS FAIL CORRECTIONS
COMPLETED
CORRECTIONS
IN PROGRESS
EST. TOTAL - 5,788
DISTRICT 1-2011
JANUARY-MARCH 509 464 405 59 37 22
DISTRICT 2 -2011
APRIL-JUNE 622 540 537 3 1 2
DISTRICT 3 -2011
JULY-SEPTEMBER 630 0 0 0 0 0
DISTRICT 4 -2011
OCTOBER-DECEMBER 567 1 1 0 0 0
DISTRICT 5 -2012
JANUARY-MARCH 604 10 5 5 2 3
DISTRICT 6 -2012
APRIL-JUNE 608 0 0 0 0 0
DISTRICT 7 -2012
JULY-SEPTEMBER 649 3 2 1 1 0
DISTRICT 8 -2012
OCTOBER-DECEMBER 787 5 1 4 2 2
LICENSED TOTALS 4976 1023 951 72 43 29
PASCO RENTAL LICENSE PROGRAM
2011
JUNE
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
(5,033 - 2010 Total)
JANUARY 5,788 0 0 755 0
FEBRUARY 5,788 1 0 754 0
MARCH 5,788 18 0 736 10
APRIL 5,788 1 0 735 1
MAY - 5.788 11 0 724 8
JUNE 5,788 6 0 718.9
JULY
AUGUST
SEPTEMBER
OCTOBER
NOVEMBER
DECEMBER
TOTALS 5,788 5,070 0 718 28