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HomeMy WebLinkAbout10062011 Code Enforcement Board PacketMEMORANDUM DATE: September 29, 2011 Distribution D Cooper TO: Code Enforcement Board D Duncan D Gottschalk FROM: Mid D Speer Insp t Services Manager M Gutierrez Comm nity & Economic Development SUBJECT: CEB Determination Hearing October 6. 2011 I am writing to confirm that the Code Enforcement Board will meet on October 6, 2011 at 7:00 p.m., in Pasco City Council chambers. Please find attached the following: (1) An agenda for October 6, 2011; (2) Minutes of the previous CEB meeting; (3) Code Enforcement Activity Reports for the previous month. If you have any questions, please call 509 -543 -5743. MN /fs Attachments: As stated. Cc: Gary Crutchfield, City Manager Stan Strebel, Deputy City Manager Rick White, Community & Economic Development Director Rick Terway, Administrative & Community Services Director Code Enforcement Officers: Debra Scott, Martin 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, October 6, 2011 at 7:00 pm A. CALL TO ORDER B. ROLL CALL a. Board Members Present C. ADOPTION OF MINUTES D. HEARINGS a. Administration of Oaths b. Hearings Scheduled CEB2011 -0265 1800 W LEWIS ST - SOHAL DEVELOPMENT LLC %, MOHINDER S SOHAL owner Debbie Scott, Code Enforcement Officer Description: NO PERMIT FOR EXTENSIVE INTERIOR REMODEL AND DEMOLITION. PMC 16 04.010 (I) 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. CEB2011 -0331 312 N OWEN AVE - GONZALEZ, MARIA, owner Debbie Scott, Code Enforcement Officer Description: BOAT PARKED 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: TWO DOGS NOT LICENSED 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). CEB2011 -2669 919 S 6TH AVE - ACOSTA, LUIS, owner Debbie Scott, Code Enforcement Officer Description: REAR FENCE IS DILAPIDATED AND ArEEDS TO BE FIXED PROPERLY. PMC 9.60.030 (11) CEB Agenda Page I of 10 (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: (REPEAT)PROPERTY BEING MAINTAINED AS A JUNKYARD FOR STORING VEHICLE PARTS 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) PLACING LARGE Q UANTITY OF MISCELLANEOUS DEBRIS IN THE REAR YARD. 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: VEHICLE PARTS, SCRAP MFTAL MACHINERY, DISASSEVBLED VEHICLES LOCATED ON THIS PROPERTY. 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- 26741617 E LEWIS ST - CABRERA, ROGACIANO & RAQUEL, owner Erin Roginski, Code Enforcement Officer Description: Exterior doors are not weather tight (especially on upper level). IPMC 304.13 (1) Violation: Windows, skylights, doors and/or frames are not being kept in good repair and weather tight. (2) Corrective Action: Make any necessary repairs to the above areas so that they are weather tight. Maintain all such areas in good repair at all times. Description: Bathroom window is broken. IPMC 304.13.1 (1) Violation: Windows have cracks, holes or are completely broken out. (2) Corrective Action: CEB Agenda Page 2 of 10 Repair or replace all damaged or destroyed windows. Description: Ceiling in bedroom upstairs shows evidence of water leak (stained). IPMC 304.6 (1) Violation: Exterior walls are not free of holes, breaks, and/or loose or rotting materials and have not been maintained weatherproof with the surface properly coated (where required) to prevent deterioration. (2) Corrective Action: Repair any roof defects so that the Ieak in the interior of the house is fixed. Description: Holes in the walls upstairs in the kitchen behind the stove and behind the refrigerator. Downstairs bathroom ceiling appears water damaged. Mold/mildew in upstairs bedrooms on ceilings. Paint in upstairs bedroom is peeling. IPMC 305.3 (1) Violation: Interior surfaces (i.e. windows, doors, floors, ceilings, etc.) are unsanitary or damaged. (2) Corrective Action: Clean and sanitize all interior surfaces and/or repair peeling, chipping, flaking or abraded paint. Cracked or loose plaster, decayed wood and other defective surface conditions need to be repaired. Surfaces which cannot be repaired must be replaced. Description: Railing around porch is loose and falling down. IPMC 305.5 (1) Violation: Failing to maintain every handrail and guard in good condition, firmly fastened and capable of supporting normally imposed loads. (2) Corrective Action: Repair or replace any defective handrails /guards so that they meet the requirements. Description: Lots of cockroaches observed in the upstairs of this property. IPMC 308.1 (1) Violation: Rental dwelling unit is infested with rodents or insects. (2) Corrective Action: Promptly exterminate rodents or insects by an approved process that will not be injurious to human health. After extermination, proper precautions need to be taken to prevent reinfestation. Proof of use of professional extermination services (such as a receipt) must be provided to the Code Enforcement office. Description: Main room downstairs is not habitable space and cannot be used as living area since it doesn't have any windows. IPMC 403.1 (1) Violation: No openable window in a habitable space. (2) Corrective Action: Discontinue use of the basement as habitable space. Description: No exhaust system for kitchen stove downstairs (recirculating exhaust only). IPMC 403.4 (1) Violation: No local exhaust ventilation system in area where injurious, toxic, irritating or noxious fumes, dusts or mists are generated. (2) Corrective Action: Remove the unpermitted kitchen equipment from the basement. Description: Bathroom sink upstairs is severely plugged and won't drain properly. The handle used for turning on the shower is broken and needs to be replaced. IPMC 504.1 (1) Violation: CCB Agenda Page 3 of 10 Plumbing fixtures are not kept in working order or are not free of obstructions, leaks. or defects. (2) Corrective Action: Repair or replace plumbing fixture(s) so that it is in good working order and able to perform the functions for which it was designed. Description: Hot water in upstairs bathroom sink does not work. IPjWC 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. Description: No heater in the upstairs bedroom and bathroom. IPMC 602.3 (1) Violation: Allowing occupancy of a dwelling or sleeping unit without adequate heat in all habitable rooms. (2) Corrective Action: Install or repair heating system so as to supply adequate heat to all habitable rooms, bathrooms, and toilet rooms. Description: Upstairs kitchen stove does not work on a consistent basis (stove burners). IPMC 603.1 (1) Violation: Allowing unsafe conditions or improper installation of mechanical appliance, fireplace, solid fuel - burning appliance, cooking appliance or water heating appliance. (2) Corrective Action: Repair or replace appliance so that it is in a safe working condition and capable of performing its intended function. Description: Missing switches in the breaker box (exposed wiring), switches in box not properly labeled, outlets in kitchen are not covered (exposed wiring) and bathroom light switch will not stay in on position. IPMC 604.3 (1) Violation: 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). (2) Corrective Action: Make necessary corrections to the electrical system in the structure to eliminate the hazard. Secure proper permits as required. Description: No smoke alarms in the bedrooms; smoke alarm in hall upstairs does not work. IPMC 704.2 (1) Violation: Failure to provide smoke detector in all required habitable areas. (2) Corrective Action: Install smoke detector in all habitable spaces as required: outside of each separate sleeping area in the immediate vicinity of bedrooms, in each bedroom and in each story within the dwelling unit including basement. Description: Grade at the rear of the house has been modified and is beginning to erode. IRC R401.3 (1) Violation: The property has NOT been graded in compliance with the adopted code. (2) Corrective Action: The lot must be graded to meet current standards. A permit from the City of Pasco Engineering division is required. Please call (509) 545 -3444 for information on grading permits. Description: Conversion of the basement of this single family dwelling unit to a duplex without a City of Pasco CEB Agenda Page 4 of 10 building permit. PMC 16 04.010 (1) Violation: Failure to secure a City of Pasco building permit. (2) Corrective Action: Vacate the unpermitted basement unit within twenty (20) days. After unit is vacated, remove all unpermitted construction and restore property to a single family dwelling. Maintain as a single family dwelling hereafter. Description: Large portions of the property are not landscaped and are not protectedfrom erosion and blowing dust. Especially the area behind the house. 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: Water piping is exposed at the north west corner of the house. UPC 609.1 (1) Violation: Water service piping is NOT at least thirty six (36) inches below the finished grade. (2) Corrective Action: Cover all exposed water piping to meet the requirments above. CEB2011 -2683 1911 N 13TH AVE - DUNYON, PATRICK & JO, owner Debbie Scott, Code Enforcement Officer Description: FAILURE TO MAINTAIN REQUIRED GARBAGE SERVICE. PMC 6 04.090 (1) Violation: Lack of required garbage service through Basin Disposal Inc. (service is required for all occupied residences and businesses within the City). (2) Corrective Action: Start or restart garbage service (please call Basin Disposal Inc. at (509) 547- 2476). CEB2011 -2782 1304 E MARVIN ST - RIGOBERTO HERNANDEZ C /O: GUZMAN ELFEGA owner Debbie Scott, Code Enforcement Officer Description: FAILURE TO SECURE PERMIT & A STOP WORK ORDER WAS POSTED. 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. CEB2011 -2794 71.9 S OREGON AVE - GEORGE ZUCKER. owner Debbie Scott, Code Enforcement Officer Description: OPEN OPERATING BUSINESS LES'SAFFORDABLE TRANSMISSION'OWNER LONNIE SANFORD, AT THIS LOCATION WITHOUT WATER SERVICE. IPMC 505.1 (1) Violation: FAILURE TO RECONNECT WATER SERVICE AT THIS LOCATION WITH THE OPEN OPERATING BUSINESS "LES'S AFFORDABLE TRANSMISSION" OWNER LONNIE SANFORD. (PICTURES TAKEN) Plumbing fixtures (i.e. sink, toilet, shower, etc.) are not connected to an approved water system and/or are not supplied CEB Agenda Page 5 of 10 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. Description: POSSIBLE B.4CKFLOW ISSUES. PMC 13.16 020 (b) (c) (1) Violation: NO SURVEY DONE FOR BACKFLOW PROTECTION. (2) Corrective Action: SCHEDULE A CROSS CONNECT SERVEY WITH THE CITY OF PASCO. CEB2011 -2807 33 E B CIRCLE - JOSE SR & CRISTINA LEDESMA, owner Martin Barajas, Code Enforcement Officer Description: (REPEAT) EXPIRED PERLIIT B09 -0608 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 the Building Department at (509) 543 -5726. Description: RESIDENTIAL OCCUPA TION IN A LIGHT INDUSTSTRIAL ZONE. PMC 25 52.0-70 (1) Violation: Using the property for an unpermitted use /purpose. (2) Corrective Action: Discontinue the unpermitted use of the property. Permitted uses include any use allowed in a C -3 district, building material storage yard, trucking, express and storage yards, contractor's plant or storage yards, electrical central power station, laboratories, experimental, automotive assembly and repair, creamery, bottling, ice manufacture and cold storage plant, blacksmith, welding or other metal shops, excluding punch presses over twenty tons rated capacity, drop hammers, and the like, the manufacturing, compounding, processing, packaging of cosmetics, pharmacology and food products, except fish and meat products, and the reducing and refining of fats and oils, printing plant and parking lots within 500 feet of a C -2 district boundary uncer certain conditions. Any use of the property, other than those noted above, is unpermitted and cannot be continued. Description: 6 -7 LARGE UNLICENSED DOGS 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). CEB2011- 28601304 E LEWIS ST - RIGOBERTO GARCIA, owner Debbie Scott, Code Enforcement Officer Description: FAILURE TO COMPLY WITH PASCO MUNICIPAL CODE. PMC 5.I OA. 090 (1) Violation: Failure to comply with all laws, rules and regulations regarding food handling and/or failing to make your vehicle used for the sale of food comply with all the laws, rules and regulations respecting such vehicles as established by the Benton - Franklin Health Department and as set forth in the Pasco Municipal Code. (2) Corrective Action: Make all necessary corrections to comply with all laws, rules and regulations pertaining to vehicles and/or food handling procedures as set forth by the Benton - Franklin Health Department and Pasco Municipal Code. CEB Agenda Page 6 of 10 Description: PRIMARY BUSINESS WAS NOT OPEN WHEN THE STATIONARY VENDOR WAS OPEN. PMC 5.1 OA. 100 (B) (1) Violation: Stationary vendors are not permitted to locate at a site where no permanent licensed business is operating. (2) Corrective Action: Discontinue all vending activities at this location. A new site must be found by you and approved by the City before vending activities can resume. CEB2011 -2861 712 N 20TH AVE - TOMAS HERNANDEZ, owner Debbie Scott, Code Enforcement Officer Description: FAILURE TO LICENSE THE VENDOR CART AND FAILURE TO HAVE HEALTHDEPARTMENT CERTIFICATION AS STATED IN PASCO MUNICIPAL CODE. PMC 5. IOA. 090 (1) Violation: Failure to comply with all laws, rules and regulations regarding food handling and/or failing to make your vehicle used for the sale of food comply with all the laws, rules and regulations respecting such vehicles as established by the Benton - Franklin Health Department and as set forth in the Pasco Municipal Code. (2) Corrective Action: Make all necessary corrections to comply with all laws, rules and regulations pertaining to vehicles and/or food handling procedures as set forth by the Benton - Franklin Health Department and Pasco Municipal Code. Description: FAILURE TO MOVE THIS CART EVERY HOUR PMC 5.10A.110 (A) (6) (1) Violation: Mobile vendors shall not locate within one (1) block for more than one (1) hour in any four (4) hour period. (2) Corrective Action: Discontinue all vending activities within the prohibited area. Description: SERVING CUSTOMERS ON STREET SIDE OF CART. PMC 5.10A.110 (D) (1) Violation: Serving customers on the street side of the mobile unit. (2) Corrective Action: All service must be on the curb side when the mobile unit is on or abutting a public street. Discontinue serving customers on the street side of the unit. Description: NO GARBAGE CAN FOR CUSTOMER USE PMC 5.10A.110 (E) l) Violation: Failing to provide a garbage receptacle for customer use. (2) Corrective Action: Provide a garbage receptacle for customer use. CEB2011 -2899 510 S 22ND AVE - EMILIO (ETAL) PALACIO. owner Debbie Scott, Code Enforcement Officer Description: FAILURE TO LICENSE THE DOGS 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: KEEPING A LLAMA INA RESIDENTIAL ZONE, WIITHIAr THE CITY LIMITS. PMC 9.60.030 (2) CEB Agenda Page 7 of 10 (1) Violation: Keeping of rabbits, chickens, goats, pigs, bees, mules, horses, mink, dogs, cats, muskrats, or any other animals within the city that create offensive smells, noises and conditions in the area they are kept. (2) Corrective Action: Any animal violating the provisions of this ordinance must be removed from the property. CEB2011 -2957 911 W AINSWORTH AVE - ALBERTO & ALICIA DIAZ, owner Debbie Scott, Code Enforcement Officer Description: Violation of the Pasco Municipal Code. PMC 5.10A.090 (1) Violation: Failure to comply with all laws, rules and regulations regarding food handling and/or failing to make your vehicle used for the sale of food comply with all the laws, rules and regulations respecting such vehicles as established by the Benton - Franklin Health Department and as set forth in the Pasco Municipal Code. (2) Corrective Action: Make all necessary corrections to comply with all laws, rules and regulations pertaining to vehicles and/or food handling procedures as set forth by the Benton - Franklin Health Department and Pasco Municipal Code. Description: Working after sunset. PMC 5.10A.110 (I) (1) Violation: Conducting business as a mobile vendor after sunset. (2) Corrective Action: Discontinue all mobile vending business activities at sunset. CEB2011 -3031 804 S 8TH AVE - ANTONIO R PEREZ (ETUX), owner Erin Roginski, Code Enforcement Officer Description: Front door is not properly finished and is not weather tight. IPMC 304.13 (1) Violation: Windows, skylights, doors and/or frames are not being kept in good repair and weather tight. (2) Corrective Action: Make any necessary repairs to the above areas so that they are weather tight. Maintain all such areas in good repair at all times. Description: Multiple windows throughout the building are cracked and /or broken out. IPMC 304.13.1 (1) Violation: Windows have cracks, holes or are completely broken out. (2) Corrective Action: Repair or replace all damaged or destroyed windows. Description: Peeling paint throughout the dwelling; also, wood near roof line is starting to decay. IPMC 304.2 (l) Violation: Exterior surfaces (i.e. doors, door and window frames, cornices, etc.) are not maintained in good condition. (2) Corrective Action: Paint or apply another protective treatment to all exterior wood surfaces that are not decay resistant. Remove all peeling, flaking and chipped paint and repaint the surface. Ensure all siding and masonry joints are weather resistant and water tight. Treat all metal surfaces subject to rust or corrosion with a rust /corrosion resistant coating, and stabilize all surfaces with rust or corrosion. Remove all oxidation stains from exterior surfaces. Description: Hole in concrete foundation wall near lower level back door. IPMC 304.5 CEB Agenda Page 8 of 10 (I) Violation: Foundation walls are not plumb and free from open cracks and breaks and/or are not kept in such condition so as to prevent the entry of rodents and other pests. (2) Corrective Action: Repair foundation so that it is maintained plumb and free from open cracks and breaks and can prevent the entry of rodents and other pests. Description: Peeling and abradedpaint in bathroom, flooring in bathroom is also damaged. Holes in the walls behind the doors. Mold'mildew in the closets (bedroom and living room) and in the caulking around the tub /shower surround (REPEAT). IPMC 305.3 (1) Violation: Interior surfaces (i.e. windows, doors, floors, ceilings, etc.) are unsanitary or damaged. (2) Convective Action: Clean and sanitize all interior surfaces and/or repair peeling, chipping, flaking or abraded paint. Cracked or loose plaster, decayed wood and other defective surface conditions need to be repaired. Surfaces which cannot be repaired must be replaced. Description: Cockroaches throughout the unit (REPEAT). IPMC 308.1 (1) Violation: Rental dwelling unit is infested with rodents or insects. (2) Corrective Action: Promptly exterminate rodents or insects by an approved process that will not be injurious to human health. After extermination, proper precautions need to be taken to prevent reinfestation. Description: Fan in unit I will not turn on (no window) (REPEAT). IPMC 403.2 (1) Violation: No operable fan or openable window in bathroom as required. (2) Corrective Action: Repair or install an approved mechanical ventilation system or an openable window (installation of windows and mechanical ventilation systems require a City of Pasco building permit). Description: Sink in bathroom leaks; kitchen sink faucet is loose and not properly sealed to prevent leaking around base offaucet. (REPEAT) IPMC 504.1 (1) Violation: Plumbing fixtures are not kept in working order or are not free of obstructions, leaks, or defects. (2) Corrective Action: Repair or replace plumbing fixture(s) so that it is in good working order and able to perform the functions for which it was designed. Description: Per tenant, the heaters will not stay on/turn on. IPMC 602.3 (1) Violation: Allowing occupancy of a dwelling or sleeping unit without adequate heat in all habitable rooms. (2) Corrective Action: Install or repair heating system so as to supply adequate heat to all habitable rooms, bathrooms, and toilet rooms. Description: Electrical wiring to water heater appears improperly wired. Bare wiring is exposed IPMC 604.3 (1) Violation: 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). CEB Agenda Page 9 of 10 (2) Corrective Action: Make necessary corrections to the electrical system in the structure to eliminate the hazard. Secure proper permits as required. Description: Common back doors for upstairs and downstairs units do not have door handles (only deadbolts) and cannot be easily opened (nothing to grab on to firmly). IPMC 702.3 (1) Violation: Egress door(s) are not readily openable from the side from which egress is to be made without the need for keys, special knowledge or effort. (2) Corrective Action: Repair or replace door or door locks so that egress can be made without the need for keys, special knowledge or effort. Description: No smoke alarm in bedroom of unit #1. IPMC 704.2 (1) Violation: Failure to provide smoke detector in all required habitable areas. (2) Corrective Action: Install smoke detector in all habitable spaces as required: outside of each separate sleeping area in the immediate vicinity of bedrooms, in each bedroom and in each story within the dwelling unit including basement. c. Amendments d. Dismissals e. Motion E. STAFF REPORT AND OTHER BUSINESS F. ADJOURNMENT CEB Agenda Page 10 of 10 CODE ENFORCEMENT MINUTES MEETING OF SEPTEMBER 1, 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 Dennis Duncan Don Cooper Dwayne Speer C. ADOPTION OF MINUTES: Chairperson Gottschalk moved, seconded by Board Member Speer, that the minutes of the August 4, 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. Robert E Miles Trust, case number CEB2010 -2830 for the Property at 1116 W Shoshone St Mr. Nickolds called Erin Roginski, Code Enforcement Officer, to read the case facts into the record. 9 -01 -11 Minutes Page 1 of 5 Ms. Roginski indicated that the cited violation on this property was International Property Maintenance (IPMC) 304.13 Doors and /or frames are not being kept in good repair and weather tight, IPMC 304.13.1 Windows have cracks, holes or are completely broken out, IPMC 304.13.2 Windows are not easily openable, IPMC 304.6 Exterior walls are not free of holes, breaks, and /or loose or rotting materials and have not been maintained weatherproof with the surface properly coated (where required) to prevent deterioration, IPMC 305.3 Interior surfaces (i.e. windows, doors, floors, ceilings, etc.) are unsanitary or damaged, IPMC 308.1 Rental dwelling unit is infested with insects, IPMC 403.1 No openable window in a habitable space, IPMC 403.2 Allowing the dwelling unit to be overcrowded, possibly endangering the life, health, safety or welfare of the occupants, IPMC 403.4 No local exhaust ventilation system in area where injurious, toxic, irritating or noxious fumes, dusts or mists are generated, IPMC 404.5 Allowing the dwelling unit to be overcrowded, possibly endangering the life, health, safety or welfare of the occupants, IPMC 504.1 Plumbing fixtures are not kept in working order or are not free of obstructions, leaks, or defects, IPMC 602.3 Allowing occupancy of a dwelling or sleeping unit without adequate heat in all habitable rooms, 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) and IPMC 704.2 Failure to provide smoke detector in all required habitable areas. Ms. Roginski advised the Board that the 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. Joyce Miles of West Richland spoke for the record. Adriana Estrada of 1116 W Shoshone St #C spoke for the record. 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 Duncan further moved, seconded by Board Member Speer, that the property owner be given 30 days to correct the remaining violations or pay a penalty of $100 per day for 10 days. ii. City of Pasco vs. Vasquez, Maria G (ET VIR) case number CEB2011 -2509 for the property at 808 W Margaret 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 Pasco Municipal Code (PMC) 16.04.010 Failure to secure a City of Pasco building permit, PMC 25.28.020 (1) Allowing multiple dwelling units on your property and 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. Roginski advised the Board that the violations have not been corrected. 9 -01 -11 Minutes Page 2 of 5 W. Diego Leon of 808 W Margaret St spoke for the record. The City recommended that the property owners be assessed $35 for the service penalty and pay $200 for the repeat penalty and be given 5 days to correct the remaining violations or pay a penalty of $100 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 assessed $35 for the service penalty and pay $200 for the repeat penalty and be given 30 days to correct the remaining violations or pay a penalty of $100 per day for 10 days. The motion carried unanimously. Mr. Nickolds called Debbie Scott, Code Enforcement Officer, to read the case facts into the record. Ms. Scott indicated that the cited violation on this property was PMC 16.04.010 Failure to secure a City of Pasco building permit, PMC 16.24.090 House /building number is not visible, PMC 16.36.020 Failure to enclose swimming pool and /or hot tub with approved fencing material, 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 (11) Any unsightly building, structure commenced and left unfinished, 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 (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 this violation has not been corrected. The City recommended that the property owners be assessed $200 for a repeat violation and be given 10 days to convect the remaining violations or pay a penalty of $100 per day for 10 days. Angela Carrillo of 221 N 9b Ave spoke for the record. 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. 9 -01 -11 Minutes Page 3 of 5 Board Member Speer further moved, seconded by Board Member Duncan, that the property owner be assessed $200 for a repeat violation and be given 30 days to correct the remaining violations or pay a penalty of $100 per day for 10 days. The motion carried unanimously. iv. City of Pasco vs. Gonzales, Noe case number CEB2011 -2721 for the property at Pasco Mr. Nickolds, Inspection Services Manager, read the case facts into the record. Mr. Nickolds indicated that the cited violations on this property was PMC 17.13.010 Erecting, maintaining, locating or relocating any unpermitted off - premise sign of any kind within the City of Pasco. Ms. Nickolds advised the Board that these violations have been corrected. The City recommended that the Mr. Gonzales be assessed $200 for a repeat violation. 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 Duncan further moved, seconded by Board Member Speer, that the property owner be assessed $200 for a repeat violation and be held in abeyance for a period of 12 months. The motion carried unanimously. v. City of Pasco vs. Davis, William and Barbara, case number CEB2011 -2834 for the property at 10003 Willow Way Mr. Nickolds called Martin Barajas, Code Enforcement Officer, to read the case facts into the record. Mr. Barajas indicated that the cited violation on this property was 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 "). Mr. Barajas advised the Board that these violations have been corrected. The City recommended that the property owners be assessed $200 for a repeat violation and be held in abeyance for a period of 12 months. 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 Duncan further moved, seconded by Board Member Speer, that the property owners be assessed $200 for a repeat violation and be held in abeyance for a period of 12 months. The motion carried unanimously. c. Amendments 9 -01 -11 Minutes Page 4 of 5 Resolution 2011 -08 was amended to reflect cases CEB2011 -0241, CEB2011 -2525 CEB2011 -2603, CEB2011 -2668 and CEB2011 -2712 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 -08 as amended, Board Member Speer seconded. The motion carried unanimously. E. STAFF REPORT AND OTHER BUSINESS: Dog License and Delinquent Licenses programs have been completed for this year. Kurtzman Phases 1 and 2 are completed. Downtown Development Association is looking for a Director. Block Grant Money has significantly decreased. F. ADJOURNMENT There being no further business before the Pasco Code Enforcement Board, the meeting was adjourned by Chairperson Gottschalk at 8:29 p.m. A r Mitch Nickolds, Secretary MN /cs 9 -01 -11 Minutes Page 5 of 5 MEMORANDUM September 15, 2011 TO: Rick White, Director, Community & Economic Development FROM: Mitch Nicko e icy on Services Manager SUBJECT: Code Enforcement Activity Reports Reports for the Month of August, 2011 Please find attached copies of the Code Enforcement Activity Reports for the month of August: (1) CEB Resolution, August, 2011 The resolutions show all the Code Enforcement Board actions and cases that the Board has ruled on at their August monthly hearing. (2) Status Report Code Enforcement Inspections, August, 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 Actions/Rental Inspections /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 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 August 31, 5,079 dwelling units have been licensed or certified as non - rentals. This is over 87% of the estimated total. August Code Enforcement /Rental License Program Highlights In August, the inspection services division completed canvassing of all commercial and industrial businesses in the City, to verify the businesses operating at each location matched the City's business license and application information. A total of 1,568 businesses were visited during the project, which resulted in the discovery of 230 (14.5 %) businesses operating without a City license, 72 (4.5 %) had closed and were out of operation and 8 businesses had moved to new locations without the City's knowledge. The licensing data discrepancies will be forwarded to the City Clerk for record updating and to code enforcement staff for issuance of correction notices where appropriate. The September report will be submitted on October 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 - 8 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 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: ervice a eat ail M ne CEB2010 -0506 LOUDERBACK, EARL S & DENNA G CEB2011 -0382 MEJIA, MANUEL C CEB2011 -0524 KIDWELL, TOMMY CEB2011 -0532 ATTN: CHRIS BORNHOFT CEB2011 -1457 J & V PROPERTY INC CEB2011 -1598 BROWNING, EDWARD L & JANET B CEB201I -1603 YAIKOV, SERGY CEB2011 -2369 CRAWFORD, ROBERT & GAIL CEB2011 -2370 RUNGE, TIMOTHY W (ETUX) CEB2011 -2372 MUNIZ, ANA MARIA & RAFAEL CEB2011 -2405 MAGANA, ROSENDO & BE CEB2011 -2408 CAMPOS, ALFREDO & ROSA CE82011 -2467 UPCHURCH, JESSE WAYNE Page 1 of 6 Service Repeat Daily Monetary CEB2011 -2526 MORGAN, KATHLEEN J (ETAL) CEB2011 -2527 ELLENBEST, ROBERT M & RANDI E CEB2011 -2528 ALLEN, CHANCE E CEB2011 -2601 CORNEJO, DENISE CEB2011 -2610 TATE, ANTHONY M & KATHRYN L CEB2011 -2628 VELASCO, JORGE i CEB2011 -2631 CLARK, DARRELL CEB2011 -2635 SALAZAR, CANDACE JANE & BRUCE CEB2011 -2636 CHAVEZ, EDELMIRA CONTRERAS i CEB2011 -2639 OAK, SCOTT J (ETAL) CEB2011 -2640 VALDIVIA, GUSTAVO & IRMA CEB2011 -2642 BASS, STEVEN W CEB2011 -2644 BRAULT, RYAN A & JAMIE L CEB2011 -2645 SILAHUA, JUANA (ETAL) CEB2011 -2646 DAILEY, DAVID W CE B2011-2648 CURIEL, EDUARDO CEB2011 -2649 WOODHEAD, GEORGE W & LORRAINE CEB2011 -2650 CUNNINGHAM, DONALD (JR) CEB2011 -2651 SCALES, JOSEPH S (III, ETAL) CEB2011 -2652 BREWER, JIMMY & JANIS Page 2 of 6 CEB2011 -2653 heat Dai1v Monetary MENDEZ, GABRIEL (ETUX) Service Re Monet CEB2011 -2654 MENDOZA, MARIA GAITAN (ETAL) i j CEB2011 -2656 10111 LLC CEB2011 -2657 I MCDOW, AUDREY E CEB2011 -2660 AGUILAR, MELESIO 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: I Service Repeat Daily onetga CEB2011 -0141 FLAJOLE, SETH M & KRISTEN N CEB2011 -0528 MARTINEZ, CINDY LEE CEB2011 -1560 KESTERSON, MARK CEB2011 -2412 CUEVAS, GABRIEL CEB2011 -2460 I ROSENDO & BERTHA (ETAL) MAGANA CEB2011 -2529 HERRERA, JORGE A ! CEB2011 -2530 JOHNSON, EDWARD E & LYNN M CEB2011 -2531 TRAN, HAI P CEB2011 -2534 ATTN: MEGAN KAUFFMAN CEB2011 -2599 GONZALEZ, LEOBARDO CEB2011 -2603 CARDENAS, MARCO ANTONIO I { CEB2011 -2633 MENDOZA, DANIEL CEB201 I -2634 CAINE, HARVEY & PATRICIA M CEB2011 -2637 REYES, PEDRO & MARIA E Page 3 of 6 Service CEB2011 -2643 KORVER, DAVE J CEB2011 -2658 RAMIREZ, OLIVIA C & ANTONIO F Repeat Daily Be it further resolved that the Code Enforcement Board accepts or continues the below listed cases and voluntary correction agreements: Service CEB2011 -0241 AGUILAR, MELESIO Raeat aily Monggy oneta CEB2011 -0265 SOHAL DEVELOPMENT LLC % MOHINL CEB2011 -0385 BRANSON, REBECCA M & KEVIN E CEB2011 -0535 VASQUEZ, MARIA G (ETAL) & LEON CEB2011 -1534 FRICKE, LONNIE L CEB2011 -2509 VASQUEZ, MARIA G (ET VIR) CEB2011 -2523 MARTINEZ, GUADALUPE CEB2011 -2524 TORRES, ABRAHAM & GRACIELA CEB2011 -2532 BEJAR, SAUL CEB2011 -2632 RAMIREZ, MARIA CEB2011 -2668 GARCIA, ARMANDO & MA CEB2011 -2683 DUNYON, PATRICK & JO 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 Repe at Daily Monetary CEB2011 -0697 SAMANO, JOSE R (ETUX) thirty -five dollars ($35) CEB2011 -0699 GARCIA, ANA thirty -five dollars ($35) CEB2011 -2641 ANAYA, JOSE C (ETAL) two hundred dollars ($200) Page 4 of 6 CEB2011 -2675 LINDSTROM, FRANK Service Repeat two hundred dollars ($200) 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 are assessed for each civil violation therefore: Service Repeat Daily Monetary CEB2011 -0384 GONZALEZ, MARCO A & GRACE thirty -five dollars ($35) fifty dollars ($50) CEB2011 -0388 VALDIVIA, GUSTAVO & IRMA thirty -five dollars ($35) fifty dollars ($50) CEB2011 -0682 VIERA, MANUEL & ESTHER fifty dollars ($50) CEB2011 -1487 IGLESIA EVANGELICA CRISTIANA two hundred dollars ($200) one hundred dollars ($100) CEB2011 -1488 IGLESIA EVANGELICA CRISTIANA E CEB2011 -1553 SOHAL DEVELOPMENT LLC CEB2011 -1584 DIAZ, ALBERTO & ALIC CEB2011 -1605 BONNINGTON, JEFFREY CEB2011 -2629 CHU, HIEU two hundred dollars ($200) one hundred dollars ($100) fifty dollars ($50) one hundred dollars ($100) one hundred dollars ($100) fifty dollars ($50) fifty dollars ($50) fifty dollars ($50) fifty dollars ($50) CEB2011 -2630 CHU, HIEU fifty dollars ($50) fifty dollars ($50) CEB2011 -2638 ORTIZ, JESUS &ANA fifty dollars ($50) fifty dollars ($50)' i i CEB2011 -2647 LANGHAUSER, MICHAEL F (JR) fifty dollars ($50) fifty dollars ($50) CEB2011 -2655 MENDEZ, MARIA GUTIERREZ (ET VI fifty dollars ($50) fifty dollars ($50) i CEB2011 -2684 SPARKS, ANNIE M 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 CEB2011 -1490 GARCIA, FLORA & ALFR thirty-five dollars ($35) two hundred dollars ($200) CEB2011 -1571 PARRA, JULIAN & ANGE four hundred dollars ($400) Page 5 of 6 CEB2011 -2568 GARCIA, NATIVIDAD M & MARTHA i CEB20I 1 -2670 ROOT, BRANDON W & N= L I CEB20I1 -2673 CASEY (ETAL), MICHAEL CEB2011 -2681 RIVERA, JOSEFINA I Total number of cases: 90 Service Repeat Daily two hundred dollars ($200) two hundred dollars ($200) one hundred dollars ($100) i jPassed by th de Enfor ement Board of the City of Pasco on August 4, 2011. j ATTEST: Daniel Gottschalk, Chairperson Mitch Nick ds, spection Services Manager Monetary fifty dollars ($50) one hundred dollars ($100) Page 6 of 6 2011 STATUS REPORT CODE ENFORCEMENT INSPECTION AUGUST OFFICER ► Martin B. Debra S. Erin R. Lloyd Mitch N. MONTHLY Year to Performs Performs Erin's C. Division TOTAL Date VIOLATION TYPE Weekend Weekend primary duty Jake Manager Patrols and Patrols is rental H. bulk /mass inspections Public IV notices in 2011 Works unlicensed dogs Property 80 83 0 8 3 174 904 Nuisances Housing Code 0 0 2 0 0 2 63 Business Licenses 2 11 10 0 0 23 341 Dog Licenses/ 0 0 0 0 0 0 1037 Animal Related Courtesy 0 19 0 0 0 19 19 Correction Notices RV's /Utility 0 8 0 0 2 10 74 Trailers /Athletic Equipment Stored in Streets 82 121 12 8 5 228 2438 MONTHLY TOTAL YEAR -TO -DATE 1,401 739 181 62 55 2438 2438 TOTALS Note: Counts reflect only code enforcement inspections that resulted in issuance of an initial written Correction Notice. August 2011 STATUS REPORT CODE ENFORCEMENT COMPLIANCE ACTIONS RENTAL INSPECTIONS /CERTIFICATIONS 2011/2012 INSPECTION PERIOD LICENSED UNITS UNITS BY TO BE INSPECTED PASS FAIL CORRECTIONS CORRECTIONS DISTRICT CERTIFIED COMPLETED IN PROGRESS EST. TOTAL - 5,788 DISTRICT 1 -2011 JANUARY -MARCH 510 471 407 64 40 24 DISTRICT 2 -2011 APRIL -JUNE 621 575 572 3 2 1 DISTRICT 3 -2011 JULY- SEPTEMBER 626 338 338 0 0 0 DISTRICT 4 -2011 OCTOBER - DECEMBER 570 2 2 0 0 0 DISTRICT 5 -2012 JANUARY -MARCH 598 12 5 7 2 5 DISTRICT 6 -2012 APRIL -JUNE 608 0 0 0 0 0 DISTRICT 7 -2012 JULY - SEPTEMBER 650 4 3 1 1 0 DISTRICT 8 -2012 OCTOBER - DECEMBER 683 8 4 4 3 1 LICENSED TOTALS 4866 1410 1331 79 48 31 PASCO RENTAL LICENSE PROGRAM 2011 AUGUST 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 JUNE 5.788 5,788 11 6 0 0 724 718 8 9 JULY 5,788 4 0 714 83 AUGUST SEPTEMBER 5,788 5 0 709 10 OCTOBER NOVEMBER DECEMBER TOTALS 5,788 5,079 0 709 121