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HomeMy WebLinkAbout11012012 Code Enforcement Board Minutes - DRAFTCODE ENFORCEMENT MINUTES MEETING OF NOVEMBER 1, 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 Dennis Duncan Mary Gutierrez C. ADOPTION OF MINUTES: Board Member Duncan moved, seconded by Board Member Cooper, that the minutes of the October 4, 2012 meeting be approved as mailed. The motion carried unanimously. D. DETERMINATION HEARIN 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. Mitch Nickolds, Inspection Services Manager asked the Code Enforcement Board if anyone opposed hearing all five cases simultaneously since they were all issued to the same people and were all the same violations that occurred at different times. A single ruling would then apply to all five cases. There were no objections. 11012012 Ceb Minutes Page 1 of 3 i. City of Pasco vs. Nelly & Michael Ice Cream case numbers: CEB2012 -3277, CEB2012 -3278, CEB2012 -3279, CEB2012 -3280 and CE132012 -3281 Mr. Nickolds called Debra Scott, Code Enforcement Officer, to read the case facts into the record. Ms. Scott indicated that the cited violations were Pasco Municipal Code (PMC) 5.10A.090 - Operating in the City of Pasco without a current mobile vendor license monthly. Ms. Scott was notified about the five unlicensed ice cream trucks which were observed still operating in the City of Pasco by the City Clerk on September 19, 2012. The itinerant vendor has been licensed off and on since 2006 and is fully aware of the conditions of licensing fees in the City of Pasco. Ms. Scott advised that the business paid their license of $10 per truck for May and June but failed to renew their licenses for July and August. This is a first offense on each operating truck. When the first offense notice was issued they immediately came in and paid for their license fees for July and August for five trucks and September for four trucks as one truck is out of service. Ms. Scott advised that the business owners are in compliance at this time. The City recommended the business owners of Nelly & Michael Ice Cream, pay $100 for each first offense violation for a total of $500. Maximino Castillo and Rosanaly Marroquin, 2625 W. Clearwater, Kennewick, WA spoke for the record. CODE BOARD DECISION: Board Member Duncan moved, seconded by Board Member Gutierrez, that violation of the PMC had occurred. The motion carried unanimously. Board Member Duncan moved, seconded by Board Member Cooper, that the business owners pay a penalty of $100 per mobile vendor truck for a total of $500 to be held in abeyance for a period of twelve months and dismissed if no additional violations occur. The motion carried unanimously. c. Amendments i. City of Pasco vs. Espinoza, Ruben and Kandace case number CEB2012 -3505 for the Property located at 1424 N. 4th Avenue This case was continued to the December 6, 2012 hearing. d. Dismissals 11012012 Ceb Minutes Page 2 of 3 e. Motion Board Member Cooper made a motion to approving Resolution No. 2012 -11 as amended, Board Member Duncan seconded. The motion carried unanimously. E. STAFF REPORT AND OTHER BUSINESS: Mitch Nickolds, Inspection Services Manager, stated that the Code Enforcement Officers have made significant progress on a backlog of complaints that had accumulated while officers were busy with pet licensing in the spring and summer. Staff has been dedicating some of their weekend time to dealing with the backlog complaints. In addition, building permitting picked up in the month of October with 28 new homes permitted that month which matches new homes permitted in 2011 in the same month. F. ADJOURNMENT There being no further business before the Pasco Code Enforcement Board, the meeting was adjourned by Chairperson Gottschalk at 7:26 p.m. J i Nic olds, ecretary MN /ks 11012012 Ceb Minutes Page 3 of 3