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.
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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
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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.
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