HomeMy WebLinkAbout11032011 Code Enforcement Board PacketMEMORANDUM
DATE: October 27, 2011
TO Code Enforcement
FROM: Mitch Ni
Inspecti6ns Services Manager
Community & Economic Development
SUBJECT: CEB Determination Hearing
November 3, 2011
Distribution
• Cooper
• Duncan
• Gottschalk
D Speer
M Gutierrez
I am writing to confirm that the Code Enforcement Board will meet on November
3, 2011 at 7:00 p.m., in Pasco City Council chambers.
Please find attached the following:
(1) An agenda for November 3, 2011
(2) Minutes of the October 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 Barajas, Erin Roginski
Cross Connect Specialists: Lloyd Coughlin, Jake Hickman
Angela Zilar, Tri- Cities Animal Control
Agenda for the
Code Enforcement Board
of the
City of Pasco, Washington
Thursday, November 3, 2011 at 7:00 pm
A. CALL TO ORDER
B. ROLL CALL
a. Board Members Present
C. ADOPTION OF MINUTES
D. HEARINGS
a. Administration of Oaths
b. Hearings Scheduled
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
(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 -0714 925 S MAITLAND AVE - TORRES, RAMIRO & MARIA, owner
Debbie Scott, Code Enforcement Officer
Description: NO PERMIT FOR ADDITION TO THIS COMAIERCL4L BUILDING 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 pen-nit requirements). If no permit can be obtained, unpermitted construction
must be removed.
CEB2011 -2899
510 S
22ND
AVE - EMILIO (ETAL)
PALACIO, owner
Debbie
Scott,
Code
Enforcement Officer
Description: FAIL URE TO LICENSE THE DOGSAT 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 LLAMA IN RESIDENTL4L ZONE, WITHIN THE CITY LIMITS. PMC 9.60.030 (2)
CEB Agenda Page 1 of 4
(1) Violation: i —
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 -2968 6515 YANKEE DR - NATHANIEL A DIDIER, owner
Martin Barajas, Code Enforcement. Officer
Description: Front yard is landscaped with mostly rock and does not contain at least 50% live vegetation PMC
25.75.050 (4)
(1) Violation:
At least fifty percent (50 %) of the required front yard area has NOT been landscaped with live vegetation.
(2) Corrective Action:
Install live ground cover, such as grass, on at least 50% of the front yard portion of your property. All areas not
landscaped with live vegetation must be landscaped with mulches or decorative rock.
Description: Weeds throughout the property's front and side yards 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 -3047 808 S 5TH AVE - JOANN FARRIS, owner
Debbie Scott, Code Enforcement Officer
Description: EXPIRED PERMIT #B10 -1069 REFERES TO PMC 16.04. 010 ON PREVIO US NOTICE. 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: SIGN LOCATED ON THE SE CORNER OFA STAND 5THAVE. PMC 17.13. 010
(1) Violation:
Erecting, maintaining, locating or relocating any unpermitted off- premise sign of any kind within the City of Pasco.
(2) Corrective Action:
Remove all unpermitted off - premise signs.
Description: WOOD CABINETS AND WOOD THAT IS BEING USED TO CONSTR UCT CABINETS STORED
INFRONTDRIVEWAY, PMC 25.78.030 (2)
(1) Violation: STORAGE OF WOOD MATERIALS AND CABINETS IN THE FRONT DRIVEWAY.
Using the driveway for the storage of equipment or materials.
(2) Corrective Action:
Discontinue any of the actions described above. Equipment and other materials must also be stored within an enclosed
building.
CEB Agenda Page 2 of 4
Description: VEHICLES PARKED ON UNAPPROVED SURFACE (MOTORCYLCE FRONTY YARD AND
TRUCKACROSS THE STREET).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 tune
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: NO LICENSE ON FILE FOR A B USINESS A T THIS L OCA TION. PMC 5.04.02 0
(1) Violation:
Engaging in business within the City of Pasco without a required City of Pasco business license.
(2) Corrective Action:
Apply for a City of Pasco business license. Discontinue ALL business activities until such time as a business license
can be obtained. Please call the City Clerk's office at (509) 545 -3402 for information on licensing requirements or view
requirements online at http: / /www.pasco- wa.gov /LicensePermits,
Description: LARGE QUANTITY OF FURNITURE AT THIS LOCATION. 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- 3051220 N 10TH AVE - GEORGE W & LORRAINE WOODHEAD, owner
Debbie Scott, Code Enforcement Officer
Description: WEEDS ON THIS ENTIRE PROPERTYENCROACHING ON CITYRIGHT OF WAYAND
NEIGHBORING PROPERTIES, 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 -3124 905 W COURT ST - MELESIO AGUILAR, owner
Debbie Scott, Code Enforcement Officer
Description: EXPIRED PERMIT #B08 -0904 FOR WINDOWS. IRC RI 05.5
(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: REPEAT - -NO REQ UIRED LANDSCAPING ON THE FRONT YARDS OF THIS PROPERTY.
PMC-25,75,050 (4)
(1) Violation:
CEB Agenda Page 3 of 4
At least fifty percent (50 %) of the required front yard area has NOT been landscaped with live vegetation.
(2) Corrective Action:
Install live ground cover, such as grass, on at least 50% of the front yard portion of your property. All areas not
landscaped with live vegetation must be landscaped with mulches or decorative rock.
Description: REPEAT- -WEEDS ON THE ENTIRE PROPERTY. PMC 9.60.030 (16)
(1) Violation:
Weeds, noxious weeds, grass, and other vegetation which constitutes a fire hazard, encroaches on sidewalks or
neighboring properties, is damaging public improvements, impairs the vision of traffic signs or signals, and /or has
reached a height of twelve inches (12 ").
(2) Corrective Action:
Eradicate weeds by chemicals, cutting or other acceptable means so that they do not exceed twelve inches (12 "),
encroach on neighboring properties, constitute a fire hazard, etc. Weeds that are cut or removed by the root must be
removed from the property and lawfully disposed of.
CEB2011 -3196 830 W A ST - MARK S & TAE S CHO, owner
Debbie Scott, Code Enforcement Officer
Description: (REPEAT) TEMPORARYSTRUCTURE CONSTRUCTED WITHOUTA PERMIT. 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: (REPEAT) VEHICLES 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.
c. Amendments
d. Dismissals
e. Motion
E. STAFF REPORT AND OTHER BUSINESS
F. ADJOURNMENT
CEB Agenda I Page 4 of 4
P �
CODE ENFORCEMENT MINUTES
MEETING OF OCTOBER 6, 2011
A. CALL TO ORDER
Chairperson Gottschalk called the regular meeting of the Code Enforcement Board to order at 7:00
p.m.
B. ROLL CALL
a. Board Members
MEMBERS PRESENT
Daniel Gottschalk, Chairperson
Mary Gutierrez
Dwayne Speer
Don Cooper
MEMBERS ABSENT
Dennis Duncan
C. ADOPTION OF MINUTES:
Chairperson Gottschalk moved, seconded by Board Member Speer, that the minutes of the
September 1, 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. Gonzalez, Maria, case number CEB2011 -0331 for the Property at
312 N Owen Ave
Mr. Nickolds called Erin Debbie Scott, Code Enforcement Officer, to read the case facts
into the record.
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Page 1 of 6
b
ii.
Ms. Scott indicated that the cited violation on this property was Pasco Municipal Code
(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
and PMC 8.02.190 All dogs over seven (7) months of age must be licensed with the City of
Pasco. Ms. Scott advised the Board that the violations have been corrected.
The City recommended that the property owners be assessed $200 for a repeat penalty.
Alex Gonzalez of 312 N Owen Ave spoke for the record.
CODE BOARD DECISION: Board Member Speer moved, seconded by Board Member
Gutierrez, that violation of the PMC had occurred and were shown by a preponderance of
the evidence. The motion carried unanimously.
Board Member Speer further moved, seconded by Board Member Cooper, that the property
owner be assessed $200 for a repeat violation to be held in abeyance for a period of 12
months. 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 violations on this property were PMC 9.60.30 (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, PMC 9.60.030 (12) All places used
or maintained as junkyards, br dumping grounds, or for the wrecking or disassembling of
automobiles, trucks, tractors, or machinery of any kind, or for the storing or leaving of
worn -out, wrecked or abandoned automobiles, trucks, tractors, or machinery of any kind, or
of any of the parts thereof, or for the storing or leaving of any machinery or equipment used
by contractors or builders or by other persons, PMC 9.60.030 (6) Any parcel within the
City which is filthy, littered or trash - covered due to placing, dropping, disposing, throwing
away, or otherwise discarding litter, garbage, refuse, cans, bottles, paper or paper material,
metal, organic or inorganic material on areas of the property other than approved garbage
containers 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 the violations have not been corrected.
Sam Zamora of 919 S 6th Ave spoke for the record.
The Cityy recommended that the property owners be assessed $200 for the repeat penalty
and be given 10 days to correct the remaining violations or pay a penalty of $100 per day
for 10 days. .
10 -06 -11 Minutes
Page 2 of 6
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 Speer further moved, seconded by Board Member Cooper, pay $200 for the
repeat penalty and be given 10 days to correct the remaining violations or pay a penalty of
$100 per day for 10 days. The motion carried unanimously.
iii. Citv of Pasco vs._Dunyon, Patrick A and Joy case number UEJJZUll-
property at 1911 N 13 "' Ave
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 6.04.090 Lack of
required garbage service through Basin Disposal Inc. (service is required for all occupied
residences and businesses within the City). Ms. Scott advised the, Board that this violation
has been corrected.
The City recommended that the property owners be assessed $200 for a repeat violation.
Board Member Gutierrez excused herself from the case.
CODE BOARD DECISION: Board Member Speer 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 Duncan, that the
property owner be assessed $50 for a repeat violation and the remaining $150 to be held in
abeyance for a period of 12 months. The motion carried unanimously.
iv, City of Pasco vs. Zucker, George case number CEB2011 -2794 for the property at 719
S Oregon Ave
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 International Property
Maintenance Code (IPMC) 505.1 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 with hot and cold running water and PMC 13.16.020 (b) (c) NO SURVEY
DONE FOR BACKFLOW PROTECTION. Ms. Scott advised the Board that these
violations have been corrected.
The City recommended that the property owners be assessed $35 for the service penalty,
$400 for the second repeat penalty and $200 previously held in abeyance for a repeat
penalty.
10 -06 -11 Minutes
Page 3 of 6
C
George Zucker of 5301 Pasco Kahlotus Rd spoke for the record.
CODE BOARD DECISION: Board Member Speer moved, seconded by Board Member
Gutierrez, that violation of the PMC had occurred and were shown by a preponderance of
the evidence. The motion carried unanimously.
r Board Member Speer further moved, seconded by Board Member Gutierrez, be assessed
$35 for the service penalty and pay $200 for the repeat penalty and be assessed $400 for the
second repeat penalty to be held in abeyance for a period of 12 months. The motion carried
unanimously.
v. City of Pasco vs. Hernandez, Tomas and Lidia, case number CEB2011 -2957 for the
property at 911 W Ainsworth Ave
vi.
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 5.10A.090 Failure to
comply with all laws, rules and regulations regarding food handling and /or failing to make
your vehicle used for the sale of food comply with all the laws, rules and regulations
respecting such vehicles as established by the Benton - Franklin Health Department and as
set forth in the Pasco Municipal Code and PMC 5.10A.110 (I) Conducting business as a
mobile vendor after sunset. Ms. Scott advised the Board that these violations have been
corrected.
Tomas Hernandez of 907 W Ainsworth Ave and George Martinez spoke for the record
The City recommended that the property owners be assessed $35 for the service penalty
and $500 for a second repeat violation.
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 Speer further moved, seconded by Board Member Gutierrez, the property
owners be assessed $35 for the service penalty and pay $100 for the repeat penalty and the
remaining $400 to be held in abeyance for a period of 12 months. The motion carried
unanimously.
Mr. Nickolds called Erin Roginski, Code Enforcement Officer, to read the case facts into
the record.
Ms. Roginski indicated that the cited violation on this property was IPMC 304.5
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, IPMC 305.3 Interior
10 -06-11 Minutes
Page 4 of 6
surfaces (i.e. windows, doors, floors, ceilings, etc.) are unsanitary or damaged, IPMC 403.2
No operable fan or openable window in bathroom as required, 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), IPMC 702.3
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, IPMC 704.2 Failure to provide
smoke detector in all required habitable areas and IPMC 308.1 Rental dwelling unit is
infested with rodents or insects. Ms. Roginski advised the Board' that some of these
violations have not been corrected.
The City recommended that the property owners be assessed $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.
Trinidad Perez of 4206 Road 105 spoke for the record.
CODE BOARD DECISION: Board Member Speer 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 Gutierrez, that the
property owners be assessed $200 for the repeat penalty and be given 30 days to repair the
violations not IPMC violations. The motion carried unanimously.
c. Amendments
Resolution 2011 -10 was amended to reflect cases CEB2011 -2782 will be moved to the
penalties section of the Resolution since the owner scheduled an appearance but failed to
appear at the hearing. Cases CEB2011 -2994, CEB2011 -2995 and CEB2011 -3006 will be
continued to the November 3 hearing.
d. Dismissals
Cases CEB2011 -2855, CEB2011 -2860, CEB2011 -2861 and CEB2011 -2958 are to be
dimissed.
e. Motion
Board Member Duncan made a motion to accept Resolution No. 2011 -10 as amended,
Board Member Speer seconded. The motion carried unanimously.
E. STAFF REPORT AND OTHER BUSINESS:
None,
10 -06 -11 Minutes
Page 5 of 6
a
F. ADJOURNMENT
There being no further business before the Pasco Code Enforcement Board, the meeting was
adjourned by Chairperson Gottschalk at 8:41 p.m.
MN /cs
10 -06 -11 Minutes
Page 6 of 6
MEMORANDUM
October 14, 2011
TO: Rick White, Director,
Community & Economic Development
FROM: Mitch Nick ction Services Manager
SUBJECT: Code Enforcement Activity Reports
Reports for the Month of September, 2011
Please find attached copies of the Code Enforcement Activity Reports for the
month of September:
(1) CEB Resolution, September, 2011
The resolutions show all the Code Enforcement Board actions and cases that
the Board has ruled on at their September monthly hearing.
(2) Status Report Code Enforcement Inspections, September, 2011
(3)
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.
Hance 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- Deceinber 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 September 30, 5,084 dwelling units have been licensed or
certified as non - rentals. This is over 87% of the estimated total.
)er Code
iahts
With completion of the September Code Enforcement Board meeting, the Pasco
Code Enforcement Board has conducted 11 meetings in 2011 (including special
meetings in both May and July for dog and business license violations). And,
through September, over 50% (1,424) of all cases opened by Pasco code
enforcement officers in 2011 (2,668) have involved violations of the City's
business license or dog licensing regulations.
The October report will. be submitted on November 10, 2011.
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
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