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HomeMy WebLinkAbout02072013 Code Enforcement Board PacketMEMORANDUM DATE: January 31, 2013 TO: Code Enforcement Board FROM: Mitch Nick4ervfis Inspection Ma nager Community & Economic Development SUBJECT: CEB Determination Hearing February 07, 2013 Distribution • Cooper • Duncan • Gottschalk • Speer M Gutierrez I am writing to confirm that the Code Enforcement Board will meet February 07, 2013 at 7:00 p.m., in Pasco City Council chambers. Please find attached the following: (1) An agenda for February 07, 2013; (2) Minutes of the previous CEB meeting; (3) Code Enforcement Activity Reports for December. If you have any questions, please call (509) 543 -5743. 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, February 7, 2013 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 -3758 NKA CITY OF PASCO - MAXIMINO CASTILLO, owner Debbie Scott, Code Enforcement Officer Description: FAILED TO LICENSE THE ITENERANT VENDOR WITHIN S DAY GRACE PERIOD PMC 5.10A.090 (1) Violation: 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. (2) Corrective Action: Make all necessary corrections to comply with all laws, rules and regulations pertaining to vehicles and /or food handling procedures as set forth by the Benton - Franklin Health Department and Pasco Municipal Code. CEB2012 -3759 NKA CITY OF PASCO - MAXAMINO CASTILLO, owner Debbie Scott, Code Enforcement Officer Description: FAILED TO LICENSE THE ITENERANT VENDOR WITHIN S DAY GRACE PERIOD PMC 5.10A.090 (1) Violation: 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. (2) Corrective Action: Make all necessary corrections to comply with all laws, rules and regulations pertaining to vehicles and /or food handling procedures as set forth by the Benton - Franklin Health Department and Pasco Municipal Code. CEB2012 -3760 NKA CITY OF PASCO - MAXIMINO CASTILLO, owner Debbie Scott, Code Enforcement Officer Description: FAILED TO LICENSE THE ITENERANT VENDOR WITHIN S DAY GRACE PERIOD PMC 5.10A.090 (1) Violation: 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. CEB Agenda Page 1 of 5 (2) Corrective Action: Make all necessary corrections to comply with all laws, rules and regulations pertaining to vehicles and/or food handling procedures as set forth by the Benton - Franklin Health Department and Pasco Municipal Code. CEB2012 -3761 NKA CITY OF PASCO - MAXIMINO CASTILLO, owner Debbie Scott, Code Enforcement Officer Description: FAILED TO LICENSE THE ITENERANT VENDOR WITHIN 5 DAY GRACE PERIOD PMC 5.10A.090 (1) Violation: 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. (2) Corrective Action: Make all necessary corrections to comply with all laws, rules and regulations pertaining to vehicles and/or food handling procedures as set forth by the Benton - Franklin Health Department and Pasco Municipal Code. CEB2012 -3863 1208 N 20TH AVE - LEOPOLD & MARIBETH GOMEZ, owner Debbie Scott, Code Enforcement Officer Description: STATIONARY VENDOR LICENSE EXPIRED 121412012 RENEWED 1211712012 (NOT IN S DAY GRACE PERIOD). PMC 5.10A. 010 (1) Violation: FAILURE TO RENEW IN A TIMLY MANNER. City of Pasco itinerant vendor business license is required for all itinerant vendors. (2) Corrective Action: Discontinue all vending until a license has been obtained from the City of Pasco. CEB2013 -0018 5922 THISTLE DOWN DR - VICTOR D & GRISELDA (JR) MARTINEZ, owner Erin Spence, Code Enforcement Officer Description: Storage of landscaping business materials and multiple business vehicles in the driveway. (REPEAT) PMC 25.66.040 (6) (1) Violation: Storing materials, supplies, products, byproducts or equipment pertaining to the home occupation outside of an enclosed structure. (2) Corrective Action: Move all items as described above to a fully- enclosed building or remove those items from the property. Only one (1) occupational vehicle which does not exceed 14,000 Gross Vehicle Weight (GVW) may be stored on the property. Additionally, under the conditions of your license ( #16612) you are to store the utility trailer in the garage. Any other business vehicles may not be stored on the property. Description: Truck bed cover is blocking the sidewalk in front of the house. PMC 9.60.020 (3) (1) Violation: Unlawfully interfering with, obstructing or tending to obstruct or render dangerous for passage any public right -of -way (i.e. stream, public park, parkway, square, street, highway or sidewalk) in the city. (2) Corrective Action: Remove all items /objects /vehicles /etc. which may be obstructing any public right -of -way. Description: Tumbleweeds throughout the front driveway. 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 CEB Agenda Page 1 of 5 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 CEB2013- 00501311 W SHOSHONE ST - GENEVIEVE A HERIGSTAD, owner Erin Spence, Code Enforcement Officer Description: Front window in one unit in one of the buldings ( #1315) has a large crack through the glass that has been taped over. IPMC 304.13.1 VOIDED (ER 1/30/2013) (1) Violation: Windows have cracks, holes or are completely broken out. (2) Corrective Action: Repair or replace all damaged or destroyed windows. Description: Multiple windows have been modified by installation of air conditioning units and are not longer openable IPMC 304.13.2 VOIDED (ER 1/13/2013) (1) Violation: Window(s) is /are not easily openable or capable of being held in position by the window hardware. (2) Corrective Action: Repair or replace window or window hardware so that window can be held in position. Installation of new windows requires a City of Pasco building permit. Description: Multiple windows have been modified by installation of air conditioning units and are no longer openable. You were advised to correct this in the letter you were sent by the City dated 6112112. IPMC 403.1 (1) Violation: No openable window in a habitable space. (2) Corrective Action: Repair or install an openable window in every habitable space as required. Installation of new windows requires a City of Pasco building permit. Description: Two gold colored vehicles stored behind the buildings next to the alleyway. These vehicles are missing engines and their front ends. PMC 25.70.150 (2) (a -d) (1) Violation: Only one (1) inoperable vehicle may be stored outside of a fully enclosed building on the property in any residential zone. The vehicle shall not be stored upon a public right -of -way or in the front or side yard areas of the property. The vehicle must be locked and secured at all times it is unattended and must be stored on an approved hard surface (i.e. gravel, asphalt or concrete) behind a completely enclosed six (6) foot fence, which is fully sight obscuring. All vehicle parts not properly installed upon a vehicle shall be stored inside a fully enclosed building or within the vehicle itself. (2) Corrective Action: Store all inoperable vehicles within an enclosed building (such as a garage or shed). One vehicle may be stored outside an enclosed building in compliance with the provisions above. All other vehicles must be removed from the property or made operable. Store all vehicle parts in an enclosed building, within the vehicle or remove the parts from the property. Description: Vehicles being disassembled from the parking area behind the property next to the alley. PMC 25.78.030 (2) (1) Violation: Using off street parking for the storage of equipment or materials, or for the sale, repair or servicing of vehicle(s). (2) Corrective Action: CEB Agenda Page 1 of 5 Discontinue any of the actions described above. All vehicle repairs must be for personal vehicles only and must be performed within a fully enclosed building. Equipment and other materials must also be stored within an enclosed building. Description: Leaves, lots of tree branches and trash throughout the properties and especially next to the alleyway. 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. CEB2013 -0051 1316 N 15TH AVE - ALVARO ACEVEDO CONTRERAS (ETUX), owner Erin Spence, Code Enforcement Officer Description: Rear yard is being used for parking which has destroyed the landscaping since the rear yard has not been improved with a surface suitable for parking. PMC 25.75.050 (5) (1) Violation: Portions of your property that are not landscaped or covered with improvements have NOT been treated to prevent blowing dust and erosion. (2) Corrective Action: Install live ground cover, such as grass, on all portions of the property that have not been landscaped or treat those portions with a cover that prevents blowing dust (i.e. pea gravel, bark, decorative rock, etc.). Description: Vehicles are parking on the dirt in the rear yard. PMC 25.78.030 (4) (1) Violation: Vehicles are being parked on an unapproved surface (such as dirt or grass). (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: Basin Disposal Inc. reports that garbage service is inactive at this address (REPEAT). 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). Description: Full garbage bags, tree limbs, construction debris and other junk piled in the rear yard adjacent to the alley and in the alley. 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. "This violation may result in the City abating the nuisance condition by removing of the garbage described. Costs associated with the City conducting the abatement will be billed to the property owner and may become liens on the property. CEB Agenda Page 1 of 5 c. Amendments d. Dismissals e. Motion E. STAFF REPORT AND OTHER BUSINESS F. ADJOURNMENT CEB Agenda Page 1 of 5 CODE ENFORCEMENT MINUTES MEETING OF JANUARY 10, 2013 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 Don Cooper Dwayne Speer Dennis Duncan Mary Gutierrez C. ADOPTION OF MINUTES: Chairperson Gottschalk called for a motion to approve the CEB minutes of December 6, 2012, Board Member Speer moved approved the December 6, 2012 CEB minutes as mailed. Member Gutierrez seconded. The motion to approve the minutes of the December 6, 2012, Code Enforcement Board meeting was unanimously approved. D. DETERMINATION HEARINGS: a. Hearings Scheduled No hearings were scheduled. b. Amendments Secretary Nickolds reported that there were no amendments to the hearings agenda c. Dismissals Secretary Nickolds requested the Members review and adopt Resolution 2013 -01. d. Motion Board Member Duncan made a motion, seconded by Board Member Gutierrez, approving Resolution No. 2013 -01, finding that code violations have been corrected and may be dismissed, deferring action on certain cases until proper notification is made, accepting voluntary correction agreements, assessing penalties and imposing time frames on certain cases. The motion carried unanimously E. STAFF REPORT AND OTHER BUSINESS: Secretary Nickolds advised the Members that the 2013 door -to -door canvassing for unlicensed dogs was underway and that an additional code enforcement officer had been approved in the 2013 budget. F. ADJOURNMENT There being no further business before the Pasco Code Enforcement Board, the meeting was adjourned by Chairperson Gottschalk at 7:04 p.m. Mitch Nickolds, Secretary Ceb 01 -10 -13 Minutes Page 1 of 1 MEMORANDUM January 24, 2013 TO: Rick White, Director, Community & Economic Development FROM: Mitch Nicko ction Services Manager SUBJECT: Code Enforcement Activity Reports Reports for the Month of December, 2012 Please find attached copies of the Code Enforcement Activity Reports for the month of December: (1) CEB Resolution, December 6, 2012 The resolution shows all the Code Enforcement Board actions and cases that the Board has ruled on at their monthly hearing. (2) Status Report Code Enforcement Inspections, December, 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 Page 2 (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 December 31, 5,223 dwelling units have been licensed or certified as non - rentals. This is over 90% of the estimated total. December Code Enforcement /Rental License Program Highlights In December, the City was divided into four separate code enforcement districts which will each be assigned and officer on a rotating basis. This will ensure all code enforcement officers gain experience in all the areas of the city, and in all types of enforcement cases. Beginning January 1, 2013, Each officer will be responsible for all code enforcement activity within the assigned district, including commercial and residential property maintenance, delinquent dog and business dog license enforcement, zoning code and sign code enforcement and rental dwelling certification inspections. The January report will be submitted on February 11, 2013. If you have any 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 Bob Gear, Fire Chief Bob Metzger, Chief of Police Jon Funfar, Media Specialist Community Development Staff (Route Copy) Code Enforcement Board CITY OF PASCO CODE ENFORCEMENT BOARD RESOLUTION RESOLUTION NO. 2012 - 12 ding that code violations have been corrected and may be dismissed without penalty, deferring action on certain cases pending proper notification, accepting voluntary correction agreements, an of Pasco has found that there exist conditions on certain properties that constitute violations of the Pasco Municipal Code; and Enforcement Board has the authority to affirm, dismiss, or modify notices of civil violations issued by the City: VED BY THE CODE ENFORCEMENT BOARD OF THE CITY OF PASCO; ises be dismissed without penalty: Service Reacat DAL hlonetary Dismissed JEN M & JERLENE K WILLIAMS d PAUL HILLEGAS 'ID A & SIERRA C GRIFFIN ORIA A LOVELAND VA MOLINA iE A HERRERA JAMES A S & FIDELFIA 1\I RAMOS ANDO (ETUX) HUIZAR ERTO TORRES )TMkL. L (ETAL) GARZA MORALES Service ReR,eat Dai 1 % Monetary Dismissed 4IEL MELENA GONZALEZ ;EN G & KANDACE K ESPINOZA Dismissed as unfounded by Board N A & LILIA E SHIRMAN NOEL CORPORATION RAY POLAND & SONS HAEL D (ETAL) HENDRICKS IIAN & MARIA GLORIA CARRILLO :R & CHRIS LLC IS & AMANDA SOTO V£ M DARROW DNIO PEREZ SANCHEZ 3 FRODEL ;O PROPERTIES INC aL DEVELOPMENT LLC :O ASSEMBLY OF GOD the following people were not properly notified of alleged violations of the Pasco Municipal Code and hearings for their cases should be deferred until such times as they are prope Service Repeat Daily Monetary Dismissed .MARIA S YOUNG )RRO E LOPE% (ETAL) that the Code Enforcement Board accepts or continues the below listed cases and voluntary correction agreements: Service Reae aj Daly. Monetary Dismissed LUCE FORBES WON G & KAREN JOHNSON A TAYLOR NCISCO LOPEZ CHAVEZ .IBIO & ROSARIO LAZARO ? RODR.iGO GARCIA CIN R HENNING GORY LEWIS NELIO & MARCELA (ETAL) CELE DRA L FAST i that the following cases are now in compliance. However, proper notification of certain people required use of a professional process server and a monetary service penalty of fort; i each case therefor; and certain properties and people were found in repeat violation of the Pasco Municipal Code and a minimum mandatory monetary penalty of two hundred do eat violation therefor; and certain properties and people were assessed a minimum mandatory monetary penalty of fifty dollars ($50.00) for certain violation(s) of the Pasco Municil etvice Repeat PAL Tvjonetar% Dismissed ;TEN & MONTE LEPOIDEVIN forty -five dollars ($45) AWN & ROSA M RUPP forty -five dollars ($45) ARD L & JANET B BROWNING forty-five dollars ($45) NA ROBINSON fort) -five dollars ($45) 1 that the following people were properly notified of alleged violations of the Pasco Municipal Code but have failed to appear before the Pasco Code Enforcement Board for hearing Llleged violations have not been abated as required or were abated by the City and abatement costs, timeframes for compliance and daily monetary penalties in the amounts not to e 11.02.050 and as may be determined by the Community Development Director are assessed for each civil violation therefor: Service Repeat Daily Monetary Disrniqsed ,O E GODINEZ filly dollars ($50) .DA VELIZ forty-five dollars ($45) fifty dollars ($50) Service Re2at Daily Nlonetary Dismissed EMY W & JONI E KYSAR fit, dollars ($50) .LISTER. SUSAN (ETAL) two hundred dollars ($200) one hundred dollars ($100) UA RAMIREZ two hundred dollars ($200) one hundred dollars ($100) fifty dollars ($50) DY LEE MARTINEZ forty-five dollars ($45) two hundred dollars ($200) one hundred dollars ($100) fifty dollars ($50) LS A KIRK forty-five dollars ($45) fifty dollars ($50) 1RIEL DELRAY UA DOLORES PALACIOS E VAN HOY fort) -five dollars ($45) fit dollars ($50) forty -five dollars ($45) two hundred dollars ($200) one hundred dollars ($100) fiftv dollars ($50) :RIS VANDERGRIFF fifty dollars ($50) ES A KIRK fifty dollars ($50) RICK & KATHY STEVENSON forty -five dollars ($45) fifty dollars ($50) DALUPE & DELMA C RIOS fifty dollars ($50) IUEL C MEJIA fifh dollars ($50) I that the following people were properly notified of alleged violations of the Pasco Municipal Code and have appeared before the Pasco Code Enforcement Board for hearings on tl orders therefor: Service Repea Daily Monctaa DismiSs ed I that, pursuant to .PNIC 11.02.060 (4)(d), any person who fails to collect or accept the certified mail copy of the Board's decision may be required to be served a copy of the decision 11 such costs for personal service of the decision are hereby assessed. of cases: 58 Enforcement Board of the City of Pasco on December 6, 2012, ATTEST: Ch erson Mitc Nickolds, Inspection Services Manager 2012 STATUS REPORT CODE ENFORCEMENT INSPECTION DECEMBER OFFICER ► Martin B. Debra S. Erin S. Lloyd Mitch N. MONTHLY Year to (Erin's C. TOTAL Date VIOLATION TYPE primary Jake duty is H. rental inspections in 2012.) Property 45 57 1 3 1 107 1201 Nuisances Housing Code 0 1 0 0 0 1 100 Business Licenses 14 4 0 0 0 18 408 Dog Licenses/ 3 0 0 0 0 3 2092 Animal Related RV's /Utility 3 3 0 0 0 6 109 Trailers/Rec. Equip. in Streets CASES OPENED 65 65 1 3 1 135 3910 MONTHLY TOTAL YEAR -TO -DATE 1752 1819 173 134 32 3910 3910 TOTALS CASES CLOSED 36 89 3 4 0 132 4,028 Note: Counts reflect only code enforcement inspections that resulted in issuance of an initial written Correction Notice. December 2012 STATUS REPORT CODE ENFORCEMENT COMPLIANCE ACTIONS RENTAL INSPECTIONS /CERTIFICATIONS 2011/2012 INSPECTION PERIOD BY LICENSED UNITS TO UNITS CORRECTIONS CORRECTIONS IN PASS FAIL DISTRICT BE CERTIFIED INSPECTED COMPLETED PROGRESS EST. TOTAL - 5,788 DISTRICT 1 - 2011 JANUARY - MARCH 487 484 416 68 55 13 DISTRICT 2 - 2011 APRIL - JUNE 740 593 590 3 3 0 DISTRICT 3 - 2011 JULY - SEPTEMBER 657 630 630 0 0 0 DISTRICT 4 - 2011 OCTOBER-DECEMBER 680 551 549 2 2 0 DISTRICT 5 - 2012 JANUARY - MARCH 609 601 575 26 22 4 DISTRICT 6 - 2012 APRIL - JUNE 606 604 603 1 1 0 DISTRICT 7 - 2012 JULY - SEPTEMBER 670 680 672 8 5 3 DISTRICT 8 - 2012 OCTOBER-DECEMBER 695 520 489 31 24 7 LICENSED TOTALS 5144 4663 4524 139 112 27 PASCO RENTAL LICENSE PROGRAM 2012 DECEMBER MONTH ESTIMATED # OF RENTAL UNITS TO BE LICENSED RENTAL UNITS LICENSED (From Applications and License Renewals) CERTIFIED NON- RENTAL UNITS ESTIMATED UNLICENSED RENTALS (Remaining) NOTICES ISSUED 5,788 5,100 — 2011 Total 0 688 JANUARY 5,788 14 0 674 41 FEBRUARY 5,788 0 0 674 38 MARCH 5,788 4 0 670 0 APRIL 5,788 1 0 669 3 MAY 5.788 9 0 660 6 JUNE 5,788 8 0 652 11 JULY 5,788 18 1 633 63 AUGUST 5,788 8 0 625 2 SEPTEMBER 5,788 9 0 616 49 OCTOBER 5,788 34 0 582 8 NOVEMBER 5,788 17 0 565 12 DECEMBER 5,788 13 0 552 16 TOTALS 5,788 5,235 1 552 249