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HomeMy WebLinkAbout03072013 Code Enforcement Board PacketMEMORANDUM DATE: February 28, 2013 Distribution D Cooper TO: Code Enforcement Board D Duncan D Gottschalk FROM: Mitch Nick D Speer Inspection ervices Manager M Gutierrez Community & Economic Development SUBJECT: CEB Determination Hearing March 07, 2013 I am writing to confirm that the Code Enforcement Board will meet March 07, 2013 at 7:00 p.m., in Pasco City Council chambers. Please find attached the following: (1) An agenda for March 07, 2013; (2) Minutes of the previous CEB meeting; (3) Code Enforcement Activity Reports for January. If you have any questions, please call (509) 543 -5743. ITUIlb 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 March 07, 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 -3834 907 W AINSWORTH AVE #1 - TOMAS HERNANDEZ, owner Debbie Scott, Code Enforcement Officer Description: COND UCTING B USINESS AFTER DARK. PMC 5.10A.110 (I) (1) Violation: Conducting business as a mobile vendor after sunset. (2) Corrective Action: Discontinue all mobile vending business activities at sunset. c. Amendments d. Dismissals e. Motion E. STAFF REPORT AND OTHER BUSINESS F. ADJOURNMENT CEB Agenda Page I of I CODE ENFORCEMENT MINUTES MEETING OF FFRBRUARY 7, 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 Dwayne Speer Don Cooper Dennis Duncan Mary Gutierrez Secretary Nickolds called the roll, noted all five Board members were present and a quorum was attained. C. ADOPTION OF MINUTES: Chairperson Gottschalk called for a motion to approve the CEB minutes of January 10, 2013, Board Member Duncan moved approved the January 10, 2013 CEB minutes as mailed. Member Gutierrez seconded. The motion to approve the minutes of the January 10, 2013 Code Enforcement Board meeting was unanimously approved. D. DETERMINATION HEARINGS: a. Administration of Oaths Chairperson Gottschalk administered the oath of truthfulness to City staff and respondents in the audience who intended to speak and offer testimony. b. Hearings Scheduled 1) CEB2013 -0018 - 5922 Thistle Down Drive — Victor D & Griselda Martinez Jr. — Repeat violations. Storage of landscaping business materials, vehicles and equipment in front yard, obstructing public sidewalk (with truck bed cover) and accumulated tumbleweeds. Secretary Nickolds asked Erin Spence, code enforcement officer to read the case facts into the hearing record.. Officer Spence read the case facts, indicating a repeat violation of the Pasco Municipal Code had occurred on the premises but had been corrected, and stated the City of Pasco's recommendation that a monetary penalty of $200 be imposed for a Repeat violation of the Pasco Municipal Code. Respondent Victor Martinez, Jr, then spoke to the Board and testified that the reason all the equipment had been stored in his front yard was because he had closed down his landscaping business and moved all his equipment to his home. Mr Martinez, Jr, also testified that the high wind in December had blown the truck bed cover into the street (which he had retrieved and places on the sidewalk temporarily) and the tumbleweeds into his front yard. After receiving the testimony from the City and rebuttal from the respondent, Chairperson Gottschalk determined the record was complete and closed the hearing. The Board Members Ceb 02 07 13 Minutes Page 1 of 4 deliberated the case facts, with Board Member Speer moving that a violation of the Pasco Municipal Code had occurred. Board Member Cooper seconded the motion. The Motion Passed unanimously. The Board then deliberated the City's recommendation for a Repeat penalty. Boarded Member Speer moved that the Board accept the City recommendation and impose a $200 penalty for repeat violation of the Pasco Municipal Code. Board Member Cooper seconded the motion. The Motion passed unanimously. 2) CEB2012 -3863 1208 N 20th Avenue — Leopold & Maribeth Gomez — Vendor operating with an expired City of Pasco business license (second violation). Secretary Nickolds asked Debra Scott, code enforcement officer to read the case facts into the hearing record. Officer Scott read the case facts, indicating a second violation of the City of Pasco Municipal Code (stationary vendor standards) had occurred on the premises but had been corrected, and stated the City of Pasco's recommendation that a monetary penalty of $500 be imposed for a Repeat violation of the Pasco Municipal Code, but held in abeyance for a period of one year and dismissed if no additional violations occur. Respondent Maribeth Gomez then spoke to the Board and testified that the reason the license had expired without renewal was because her brother had failed to notify her of the monthly license renewal date when he had asked her to assumed the administrative aspects of their food vending business. As such, she had missed the license renewal deadline but renewed it as soon as she received the City's violation notice. After receiving the testimony from the City and rebuttal from the respondent, Chairperson Gottschalk determined the record was complete and closed the hearing. The Board Members deliberated the case facts, with Board Member Speer moving that a violation of the Pasco Municipal Code had occurred. Board Member Cooper seconded the motion. The Motion Passed unanimously. The Board then deliberated the City's recommendation for a Repeat penalty. Boarded Member Cooper moved that the Board accept the City recommendation of a monetary penalty of $500 be imposed for a Repeat violation of the Pasco Municipal Code, but held in abeyance for a period of one year and dismissed if no additional violations occur.. Board Member Duncan seconded the motion. The Motion passed unanimously. 3) CEB2013 -0050 1311 West Shoshone Street— Genevieve A Herigstad— Obstructed egress windows in sleeping rooms, junk inoperable vehicles stored on public view, premises in sue for vehicle disassembly and wrecking, accumulated combustible trash, tree branches, leaves on premises. Secretary Nickolds asked Erin Spence, code enforcement officer to read the case facts into the hearing record. Officer Spence read the case facts, indicating violations of the City of Pasco Municipal Coe had occurred on the premises but had been completely corrected, and stated the City of Pasco's recommendation that Genevieve A Herigstad be ordered to abate all remaining violations on the premises within 10 days or monetary penalty of $50 per day would be imposed. Respondents Genevieve A Herigstad and Larry Barnes then spoke to the Board and testified that the reason the windows were obstructed was that Ms. Herigstad's husband (now deceased) had installed the air conditioners many years ago and she had not been asked to remove them during previous inspections by other Pasco code enforcement officers, and the cars in question had been removed and that multiple loads of branches, trash and leaves had already been removed and the remainder would be removed by the end of the week. After receiving the testimony from the City and rebuttal from the respondent, Chairperson Gottschalk determined the record was complete and closed the hearing. The Board Members Ceb 02 07 13 Minutes Page 2 of 4 deliberated the case facts, with Board Member Duncan moving that a violation of the Pasco Municipal Code had occurred. Board Member Cooper seconded the motion. The Motion Passed unanimously. The Board then deliberated the City's recommendation for a 10 day abatement period and $50 per day penalty thereafter. Boarded Member Speer moved that the Board accept the City recommendation that all remaining violations on the premises be abated within 10 days or monetary penalty of $50 per day would be imposed. Board Member Gutierrez seconded the motion. The Motion passed unanimously. 4) CEB2012 -3544 510 South 22 "d Avenue — Emilio Palacio & Terry Fuentes — Unpermitted auto junk yard, wrecking, disassembly and salvage and outdoor part storage and vehicle storage on an unimproved surface in a residential district. Secretary Nickolds asked Debra Scott, code enforcement officer to read the case facts into the hearing record. Officer Scott read the case facts, indicating a violation of the City of Pasco Municipal Code had occurred on the premises (unpermitted auto junk yard, wrecking, disassembly and salvage and outdoor part storage and vehicle storage on an unimproved surface in a residential district), and stated the City of Pasco's recommendation that Emilio Palacio & Terry Fuentes be ordered to abate all remaining violations on the premises within 10 days or monetary penalty of $50 per day would be imposed. Respondent Terry Fuentes ( Palacio) then spoke to the Board and testified that she had been unaware of the condition of the property as she did not live there and had not visited the property in a while. Ms. Fuentes also testified that all the vehicles and parts belonged to her children (who occupy the premises) and that she would have the in remove the vehicles and parts and clean the property up. After receiving the testimony from the City and rebuttal from the respondent, Chairperson Gottschalk determined the record was complete and closed the hearing. The Board Members deliberated the case facts, with Board Member Speer moving that a violation of the Pasco Municipal Code had occurred. Board Member Cooper seconded the motion. The Motion Passed unanimously. The Board then deliberated the City's recommendation for a 10 day abatement period and $50 per day penalty thereafter. Boarded Member Speer moved that the Board accept the City recommendation Emilio Palacio & Terry Fuentes be ordered to abate all remaining violations on the premises within 10 days or monetary penalty of $50 per day violation of the Pasco Municipal Code, but held in abeyance for a period of one year and dismissed if no additional violations occur.. Board Member Gutierrez seconded the motion. The Motion passed unanimously. c. Amendments Secretary Nickolds reported that there were no amendments to the resolution. d. Dismissals None. e. Motion Board Member Duncan made a motion to approve Resolution No. 2013 -02 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 was seconded by Board Member Cooper, The motion carried unanimously. Ceb 02 07 13 Minutes Page 3 of 4 E. STAFF REPORT AND OTHER BUSINESS: Secretary Nickolds advised the Board that the year had started out with 170 permits issued through January, many of which were for repairs to homed damaged by the big December wind storm. Secretary Nickolds also advised the Board that the annual city wide dog license canvassing effort was underway with two part time employees going door -to -door to all residences in the City that were not know to have a licensed dog on the premises. Secretary Nickolds further advised the Board that, through January, initial canvassing data suggested that approximately 17% of all homes visited contained one or more potentially unlicensed dog. F. ADJOURNMENT There being no further business before the Pasco Code Enforcement Board, the meeting was adjourned by Chairperson Gottschalk at 8:08 p.m. Mitch Nickolds, Secretary MN/ks Ceb 02 07 13 Minutes Page 4 of 4 MEMORANDUM February 12, 2013 TO: Rick White, Director, Community & Economic Development FROM: Mitch Nicko K *e on Services Manager SUBJECT: Code Enforcement Activity Reports Reports for the Month of January, 2013 Please find attached copies of the Code Enforcement Activity Reports for the month of January: (1) CEB Resolution, January 10, 2013 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, January, 2013 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 2013 -2014 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 ". G y' O n � y 4 W ro b➢ y G G �+ R %I Y G y a 7 � d L GY L .J N w J W U I O C G O C a � ° 4 S3. G G w ro y � V c U t1 � bL ~ a ? U {I R O N W L iy fJ } U 0 ❑ � J Cc u� w 7I L vI a N U > � w l7 G ` ✓+ � G C o R W ° � — .. � U at CL cc QI LI cJ r G ,G j I V�{ .ri x E N O w b cC .0 v y o w G Y y O ti N @ a.o O @ O A G :- x _c ' 7 8 s c @ � u �• o L b a�i A 0 u �f O =k. � � L W _n O E � 'in @ v b � L a G o q J � vi @ ai � 4 G Y r L � @ Q � O O G h C @ Y O u 0 0 o m o°i E � b vG. 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