HomeMy WebLinkAbout02072013 Code Enforcement Board Minutes
02072013 Code Enforcement Board Minutes
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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
Daniel Gottschalk, Chairperson
MEMBERS
ABSENT
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
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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
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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 22nd 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 m 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.
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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