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Home My WebLink About05032012 Code Enforcement Board MinutesCODE ENFO1.RCEMENT MINUTES MEETING OF MAY 39 2012 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 Dwayne Speer Don Cooper Dennis Duncan Mary Gutierrez MEMBERS ABSENT C. ADOPTION OF MINUTES: Board Member Duncan moved, seconded by Board Member Gutierrez, that the minutes of the April 5, 2012 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. Perez, Gerardo case number CEB2011 -3399 for the property at 829 S Myrtle Ave Mr. Nickolds called Debra Scott, Code Enforcement Officer, to read the case facts into the record. 05032012 Ceb Minutes Page 1 of 7 T✓Is. Scott indicated that the cited violations on this property We. Pasc(� M7771 1 (�i al Code a. (PMC) 25.78.030 (4) Driving and parking on unapproved surface, (PMC) 9.60.030 (16) Weeds. (PMC) 9.60.030 (9) Automobile bodies and parts, and (PMC) 9.60.040 Unsecured vacant building. Ms. Scott advised the property was inspected on November 14, 2011 for violations of the Pasco Municipal Code. Ms. Scott advised the Board that violations were observed and the property is not in compliance with the Pasco Municipal Code at this time. The City recommended the property owner, Gerardo Perez, be given 10 days to correct the remaining violations or pay a penalty of $50 per day for 10 days. Victor Mejarez, 1712 N. 24th spoke for the record. CODE BOARD DECISION: Board Member Speer moved, seconded by Board Member Duncan, that violation of the PMC had occurred. The motion carried unanimously. Board Member Duncan moved, seconded by Board Member Gutierrez, that the property owner has a timeframe of 20 days and a long -term penalty of $50 per day be imposed if the timeframe expires and the property is still in violation. The motion carried unanimously. ii. Citv of Pasco vs. Alpizar, Jose & Rafaela case number CEB2011 -3400 for the Property of 811 S Myrtle Ave Mitch Nickolds called Debra Scott, Code Enforcement Officer, to read the case facts into the record. Ms. Scott indicated that the cited violations on this property were Pasco Municipal Code (PMC) 25.52.020 Unpermitted use of property as an auto wrecking /dismantling facility and (PMC) 9.60.020 (3) Vehicles parking /loading in alley way are obstructing access to alley for garbage pick -up. Ms. Scott advised the Board that violations were observed and the property is not in compliance with the Pasco Municipal Code at this time. 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. Victor Mejarez, 1712 N. 24th spoke for the record. Jaime Alpizar, 5112 Lucena Drive spoke for the record. CODE BOARD DECISION: Board Member Duncan moved, seconded by Board Member Cooper, to dismiss this case without penalty with a recommendation that the property owners contact the City for follow up. The motion carried unanimously. 05032012 Ceb Minutes Page 2 of 7 iii r;� of paenn �Je f am ;a Rnrnina rngen niwmher CFUIni 1 _3519 111. VK&T Vl1 O{w U• V V,.a K Ate. v V alarJV i� Mr. Nickolds called Debra Scott, Code Enforcement Officer, to read the case facts into the record. Ms. Scott indicated that the cited violations on this property were Pasco Municipal Code (PMC) 25.78.030 (4) Vehicles parked on unapproved surface, (PMC) 9.60.030 (10) Large pile of limb debris causing an extreme fire danger, (PMC) 9.60.030 (11) Two large piles of dirt deposited in the front and rear yard areas, and (PMC) 9.60.030 (6) Large amount of grass clippings, limb debris, yard waste and black garbage bags located on this property. Ms. Scott advised the Board that violations were observed and the property is not in compliance with the Pasco Municipal Code at this time. The City recommended that the property owner be given 10 days to correct the remaining violations or pay a penalty of $50 per day for 10 days. Bernice Cave, 1216 N 161h Avenue spoke for the record. CODE BOARD DECISION: Board Member Speer moved, seconded by Board Member Gutierrez, that violation of the PMC had occurred. The motion carried unanimously. Board Member Speer further moved, seconded by Board Member Gutierrez, that the property owner be given 30 days to comply with a monetary penalty of $50 per day if the timeframe expires and the property is still in violation and to authorize the City to approve extensions and timeframe for work in progress. The motion carried unanimously. iv. City of Pasco vs. Gutierrez, Maria & Manuel case number CEB2012 -0041 for the property of 216 N Wehe Ave Mr. Nickolds called Debra Scott, Code Enforcement Officer, to read the case facts into the record. Ms. Scott indicated that the cited violations on this property were Pasco Municipal Code (IPMC) 505.1 Water has been disconnected, (PMC) 25.78.030 (4) Vehicle parked on unapproved surface, (PMC) 9.60.030 (6) Miscellaneous debris front and rear yard (Repeat), and (PMC) 9.60.030 (9) Tires in the rear yard. Ms. Scott advised the Board that the violations have been corrected and the property is in compliance at this time. The City recommended that the property owners be assessed $200 for repeat violations. Manuel Gutierrez, 920 N Elm Avenue spoke for the record. CODE BOARD DECISION: Board Member Speer moved, seconded by Board Member Duncan, that violation of the PMC had occurred. The motion carried unanimously 05032012 Ceb Minutes Page 3 of 7 Board Member Sneer further moved, seconded by Board Member Gutierrez, that the 1 W property owners be assessed $200 for a repeat violation that has been corrected, to be held in abeyance for a period of 12 months and be dismissed if no other violations occur in that 12 month period. The motion carried unanimously. V* City of Pasco vs. Uvalle, Felipe & Amelia case number CEB2012 -0107 for the property of 1724 W Clark St Mr. Nickolds called Debra Scott, Code Enforcement Officer, to read the case facts into the record. Ms. Scott indicated that the cited violations on this property were Pasco Municipal Code (PMC) 9.60.030 (10) Boxes, trash, plastic thrown in the rear of this property and blowing onto neighboring properties (Repeat), (PMC) 9.60.030 (6) Plastic boxes (crates) stored in public view, and (PMC) 9.60.030 (9) Commercial equipment (refrigerators) stored in rear of this property in public view. Ms. Scott advised the Board that the violations have been corrected and the property is in compliance at this time. The City recommended that the property owners be assessed $200 for repeat violations. Jose Felipe and Martin Uvalle, 672 Sedwick Place, Richland spoke for the record. CODE BOARD DECISION: Board Member Duncan moved, seconded by Board Member Speer, that violations of the PMC had occurred and were shown by a preponderance of the evidence. The motion carried unanimously. Board Member Duncan moved, seconded by Board Member Speer, that the property owners be assessed $200 for a repeat violation that has been corrected, to be held in abeyance for a period of 12 months and be dismissed if no other violations occur in that 12 month period. The motion carried unanimously. vi. City of Pasco vs. Pasco First Place LLC case number CEB2012 -0260 for the property of the entire site 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 Pasco Municipal Code (PMC) 9.56.030, 9.56.040 Blowing dust from entire site, including vacant lots in Phase 1. Mr. Barajas indicated that second repeat violation has been corrected and the property is in compliance at this time. The City recommended that the property owners be assessed $400 for second repeat I iolation. 05032012 Ceb Minutes Page 4 of 7 Shane Picker, 3701 S Highlands Blvd, West Richland spoke for the record. CODE BOARD DECISION: Board Member Gutierrez moved, seconded by Board Member Cooper, that violations of the PMC had occurred and were shown by a preponderance of the evidence. The motion carried unanimously. Board Member Gutierrez moved, seconded by Board Member Duncan, that the property owners be assessed $1,200 for repeated violations of the PMC. The motion carried unanimously. Vile City of Pasco vs. Ochoa, Simon & Anita case number CEB2012 -0310 for the Property of 520 W Clark St Mr. Nickolds called Debra Scott, Code Enforcement Officer, to read the case facts into the record. Ms. Scott indicated that the cited violation on this property was Pasco Municipal Code (PMC) 6.04.090 Retail clothing business has failed to maintain required garbage service. Ms. Scott advised the Board that the violation has been corrected and the property is in compliance at this time. The City recommended that the property owners be assessed $200 for repeat violations. Ofelia Ochoa, 109 Murfield Lane spoke for the record and translated for Anita Ochoa. Anita Ochoa, 109 Murfield Lane spoke for the record. Gerardo Estrada, 520 W Clark Street 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 Cooper moved, seconded by Board Member Duncan, that the property owners be assessed $200 for a repeat violation that has been corrected, to be held in abeyance for a period of 12 months and be dismissed if no other violations occur in that 12 month period. The motion carried unanimously. Ville City of Pasco vs. Barro, Louis & Debra case number CEB2012 -0994 for the Property of 304 W B St Mr. Nickolds called Debra Scott, Code Enforcement Officer, to read the case facts into the record. 05032012 Ceb Minutes Page 5 of 7 Ms. Scott indicated that the cited violations on this properly were Pasco Municipal Code (PMC) 9.60.030 (10) Rags and boxes and (PMC) 9.60.030 (6) Buckets, clothes, trash and miscellaneous debris stored in public view. Ms. Scott advised the Board that the violations have been corrected and the properly is in compliance at this time. The City recommended that the property owners be assessed $200 for repeat violation. Louis Barro, 2724 E Pacific Avenue, Spokane spoke for the record. 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 Cooper moved, seconded by Board Member Duncan, that the property owners be assessed $200 for a repeat violation that has been corrected, to be held in abeyance for a period of 12 months and be dismissed if no other violations occur in that 12 month period. The motion carried unanimously. ix. City of Pasco vs. Farias, Javier (Etux) case number CEB2012 4581 for the property of 802 N Owen Ave Mr. Nickolds called Debra Scott, Code Enforcement Officer, to read the case facts into the record. Ms. Scott indicated that the cited violation on this property was Pasco Municipal Code (PMC) 10.52.030 (2) Commercial vehicle (semi- truck) parked in front yard again. Ms. Scott advised the Board that the violations have been corrected and the property is in compliance at this time. The City recommended that the property owner be assessed $200 for repeat violations. Javier Farias, 802 N Owen 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. Board Member Duncan moved, seconded by Board Member Cooper, that the property owners be assessed $200 for a repeat violation that has been corrected, to be held in abeyance for a period of 12 months and be dismissed if no other violations occur in that 12 month period. The motion carried unanimously. c. Amendments d. Dismissals None 05032012 Ceb Minutes Page 6 of 7 e. Motion Board Member Speer made a motion to approving Resolution No. 2012 -05 as amended, Board Member Duncan seconded. The motion carried unanimously. E. STAFF REPORT AND OTHER BUSINESS: Upcoming summer session was discussed. Many correction notices have been written for unlicensed dogs and delinquent and unlicensed businesses. A second Code Board meeting will be necessary in June just to deal with dog licensing issues that have been cited over the course of the last month. F. ADJOURNMENT There being no further business before the Pasco Code Enforcement Board, the meeting was adjourned by Chairperson Gottschalk at 8:57 p.m. Mitch Nrickolds Secretary MN /cs 05032012 Ceb Minutes Page 7 of 7