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09062012 Code Enforcement Board Packet
MEMORANDUM DATE: August 30, 2012 TO: Code Enforcement Board FROM: Mitch Nick Inspection Services Manager Community & Economic Development SUBJECT: CEB Determination Hearing September 06, 2012 Distribution • Cooper • Duncan • Gottschalk • Speer M Gutierrez I am writing to confirm that the Code Enforcement Board will meet September 06, 2012 at 7:00 p.m., in Pasco City Council chambers. Please find attached the following: (1) An agenda for September 06, 2012; (2) Minutes of the previous CEB meeting; (3) Code Enforcement Activity Reports for July. If you have any questions, please call (509) 543 -5743. 1""I 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 Spence 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, September 6, 2012 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 CEB2012 -2767 2120 N 4TH AVE - RAMIRO CASTILLEJA, owner Debbie Scott, Code Enforcement Officer Description: FAIL URE TO MAINTAINREQUIRED GARBAGE SERVIC 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). CEB2012 -2972 4316 FINNHORSE LN - ANTHONY ZEKO, owner Martin Barajas, Code Enforcement Officer Description: Failure to renew City of Pasco business license PMC 5.04.020 (Renewal) (1) Violation: Failing to renew your City of Pasco business license and engaging in business within the City of Pasco without a required City of Pasco business license. (2) Corrective Action: Renew your City of Pasco business license and pay all outstanding fees and late fees. Discontinue ALL business activities until such time as your license has been renewed. Licenses are to be renewed annually on the first regular business day of January, but in no case later than the last regular working day of February each year. Please call the City Clerk's office at (509) 545 -3402 for fee information. IF YOU ARE OUT OF BUSINESS, YOU MUST CALL THE CITY CLERK'S OFFICE AT THE NUMBER LISTED ABOVE. CEB2012 -3033 720 W LEWIS ST 112 - SERGIO PEREZ, owner Debbie Scott, Code Enforcement Officer Description: PMC 5.04.020 (Renewal) (1) Violation: Failing to renew your City of Pasco business license and engaging in business within the City of Pasco without a required City of Pasco business license. CEB Agenda Page 1 of 2 (2) Corrective Action: Renew your City of Pasco business license and pay all outstanding fees and late fees. Discontinue ALL business activities until such time as your license has been renewed. Licenses are to be renewed annually on the first regular business day of January, but in no case later than the last regular working day of February each year. Please call the City Clerk's office at (509) 545 -3402 for fee information. IF YOU ARE OUT OF BUSINESS, YOU MUST CALL THE CITY CLERK'S OFFICE AT THE NUMBER LISTED ABOVE. c. Amendments d. Dismissals e. Motion E. STAFF REPORT AND OTHER BUSINESS F. ADJOURNMENT CEB Agenda Page I of 2 CODE ENFORCEMENT MINUTES MEETING OF AUGUST 2, 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 MEMBERS ABSENT Daniel Gottschalk, Chairperson Dwayne Speer Don Cooper Mary Gutierrez Dennis Duncan C. ADOPTION OF MINUTES: Board Member Cooper moved, seconded by Board Member Duncan, that the minutes of the July 12, 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. Garza. David & Cecilia case number CEB2012 -2761 for the property at 2404 W Octave St Mr. Nickolds called Erin Spence, Code Enforcement Officer, to read the case facts into the record. Ms. Spence indicated that the cited violations on this property were: IPMC 304.13 —Units have at least one window that does not stay in the window track and needs repair /replacement, IPMC 304.13.1 — Multiple windows cracked in most of the units, IMPC 304.14 No bug screens on most windows, IPMC 304.18.2 — Multiple windows do not have sash locking devices, IPMC 304.2 —Attic vent blocked, rotting fascia boards around roof lines, peeling paint throughout, IPMC 304.6 — Broken siding underneath the living room window of unit C, peeling paint throughout the exterior of the structure, water leaking in to the dining area of unit D, IPMC 304.7 —No flashing around the roof line causing extensive rot/deterioration, roof is sagging over unit C, IPMC 305.1 —All units are in some state of disrepair and lack regular maintenance, IPMC 305.3 —(Repeat) Extensive mold /mildew in unit C (bathroom, bedrooms, living room), mold /mildew around windows in all units, IPMC 308.1— 08022012 CEB Minutes Page 1 of 3 (Repeat) Cockroach infestation in all units, IPMC 502.1 —Unit B has a damaged toilet (no flushing handle), IPMC 504.1— (Repeat) Kitchen faucet in unit C drips when off, plumbing from unit C appears to be leaking into unit A causing water damage in the bathroom and entry way, IPMC 603.1 — Water heaters in all units have been improperly installed, pressure relief valves (PRV's) are not properly drained to the outside of the building or a floor drain and pose a safety hazard to the occupants in the event of a hot water release and IPMC 704.2 — (Repeat) No smoke alarms in the bedrooms of unit A & D. no smoke alarms at all in unit C. Ms. Spence advised the property was inspected on July 10, 2012 for violations of the Pasco Municipal Code. Ms. Spence advised the Board that violations were observed and considered to be repeat violations. A repeat notice of civil violation was issued on July 12, 2012 via certified mail and the property owners were legally notified on July 13, 2012. Unit C was also ordered to vacate on July 10, 2012 within 24 hours due to unsafe and unsanitary living conditions. Ms. Spence advised the board that this property is not in compliance at this time. The City recommended the property owners, David and Cecilia Garza, pay $200 for repeat penalty and be given 10 days to correct any remaining violations or they shall pay a penalty of $100 per day for 10 days. David Garza, 1489 Desert Springs, Richland, WA spoke for the record. CODE BOARD DECISION: Board Member Duncan moved, seconded by Board Member Cooper, that violation of the PMC had occurred. The motion carried unanimously. Board Member Duncan moved, seconded by Board Member Cooper, that the property owners pay a repeat penalty of $400, be given a timeframe of 30 days to correct remaining violations or pay a penalty of $100 per day after thirty days and the property is still in violation. The motion carried unanimously. c. Amendments i, City of Pasco vs. Aguilar, Melesio case number CEB2011 -2660 for the property at 1623 W Lewis St This case was continued to the September 6, 2012 meeting. H. City of Pasco vs.Giacumakis, Stephen & Lana case number CEB2012 -2661 for the property at 7807 White Bluffs Ct This case was continued to the September 6, 2012 meeting. W. City of Pasco vs. Orellana, Jose & Esneranza case number CEB2012 -2492 for the property at 828 S 5th Ave This case was continued to the September 6, 2012 meeting. iv. City of Pasco vs. Castilleia, Ramiro case number CEB2012 -2767 for the property at 2120 N 4th Ave This case was continued to the September 6, 2012 meeting. v. City of Pasco vs. Meiia, Guadalupe case number CEB2012 -1058 for the property at 8 W "A" St This case was continued to the September 6, 2012 meeting due to improper notification. 08022012 CEB Minutes Page 2 of 3 A. City of Pasco vs. Wilson - Jenkins, Michell & Wayne case number CEB2012 -2468 for the property at 419 Arbutus Ave This case was continued to the September 6, 2012 meeting for work in progress. d. Dismissals L City of Pasco vs. Rojas, Melguiades & Graciela case number CEB2012 -2635 for the property at 5616 Washougal Ln This case was dismissed due to compliance. ii. City of Pasco vs. Castilleia, Ramiro case number CEB2012 -2785 for the Property at 2120 N 4th Ave This case was dismissed due to compliance. W. City of Pasco vs. Hernandez, Maria case number CEB2012 -1214 for the property at 1507 W Howard St This property was dismissed due to compliance. iv. City of Pasco vs. Birtch, Denise case number CEB2012 -2651 for the property at 6113 10eldtat Ln This property was dismissed due to compliance. v. City of Pasco vs. Barajas Juan case number CEB2012 -2629 for the property at 6410 Alpine Lakes Dr This property was served. Service was verified and they are on the resolution for compliance determination. e. Motion Board Member Duncan made a motion to approving Resolution No. 2012 -08 as amended, Board Member Cooper seconded. The motion carried unanimously. E. STAFF REPORT AND OTHER BUSINESS: Mitch Nickolds, Inspection Services Manager, gave a brief update on property nuisance compliance. Code Enforcement Officers are working diligently to catch up on those cases. There have been a number of off - premise signs removed from rights -of -way that were around the City as home sales have picked up. There were a number of agencies putting those signs in right -of -ways contrary to City of Pasco regulations for off - premise signs. Initially as a courtesy, the City removes the signs and agents are notified to let them know the signs have been removed and they then have the opportunity to pick up those signs at the City Hall. F. ADJOURNMENT There being no further business before the Pasco Code Enforcement Board, the meeting was adjourned by Chairperson Gottschalk at 7:41 p.m. kvloxK' Mitch Secretary MN/ks 08022012 CEB Minutes Page 3 of 3 MEMORANDUM August 15, 2012 TO: Rick White, Director, Community & Economic Development FROM: Mitch Nick, on Services Manager SUBJECT: Code Enforcement Activity Reports Reports for the Month of July, 2012 Please find attached copies of the Code Enforcement Activity Reports for the month of Jam: (1) CEB Resolutions, July 12, 2012 The resolutions show all the Code Enforcement Board actions and cases that the Board has ruled on at their monthly hearing. (2) Status Report Code Enforcement Inspections, July, 2012 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 2011 -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 i (4) Pasco Rental License Program: January- December 2012 This report tracks progress in the annual licensing of rental units. As of February, 2009, 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 July 31, 5,155 dwelling units have been licensed or certified as non - rentals. This is over 89% of the estimated total. July Code Enforcement/Rental License Program Highlights In July, Pasco code enforcement officers issued 189 businesses that had failed to license their business issuance of 441 initial correction notices for in owners either licensed as required, or advised the business in Pasco; the 189 remaining in violation August Code Enforcement Board hearings, violation notices to owners of in Pasco for 2012, following June. Of those, 252 business City they were no longer in have been scheduled for the The August report will be submitted on September 10, 2012. If you have any questions during the interim, please call. 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