HomeMy WebLinkAbout04112013 Code Enforcement Board PacketDATE: April 04, 2013
TO: Code Enforcer
FROM: Mitch Nicko
Inspection S
Community &
MEMORANDUM
Distribution
D Cooper
vent Board D Duncan
D Gottschalk
D Speer
vices Manager M Gutierrez
Economic Development
SUBJECT: CEB Determination Hearing
April 11, 2013
am writing to confirm that the Code Enforcement Board will meet April 11, 2013 at
7:00 p.m., in Pasco City Council chambers.
Please find attached the following:
(1) An agenda for April 11, 2013;
(2) Minutes of the previous CEB meeting;
(3) Code Enforcement Activity Reports for February.
If you have any questions, please call (509) 543 -5743.
13T -12 1
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
April 11, 2013 at 7:00 pm
A. CALL TO ORDER
B. ROLL CALL
Board Members Present
C. ADOPTION OF MINUTES
D. HEARINGS
Administration of Oaths
Hearings Scheduled
CEB2013 -0233 224 N 9TH AVE - RESIDENTIAL RENTALS I LLC, owner
Martin Barajas, Code Enforcement Officer
Description: Auto parts (tires), scrap metal, and abandoned material stored throughout the property and in/on
vehicles in the front yard. PMC 9.60.030 (9)
(1) Violation:
Scrap metal, ashes, bric-a-brac, broken stone or cement, broken crockery, broken glass, broken plaster, automobile bodies
and /or parts, and all such trash or abandoned material that are not kept in approved containers.
(2) Corrective Action:
Remove all vehicle parts, scrap metal, machinery, disassembled vehicles, etc. from the property or store these items in an
enclosed container or building. Remove and lawfully dispose of alljunk items (e.g. any items or which have served their
intended original purpose) and unusable vehicle parts.
CEB2013 -0367 2712 FLEMING LN - THOMAS M HINOJOSA, owner
Martin Barajas, Code Enforcement Officer
Description: Dogs not licensed. PMC 8.02.190
(1) Violation:
All dogs over seven (7) months of age must be licensed with the City of Pasco.
(2) Corrective Action:
License all dogs over the age of seven (7) months with the City of Pasco (please call (509) 545 -3488 for more information).
No more than three (3) dogs are allowed on the property (PMC 25.32.030 (5)).
Amendments
Dismissals
Motion
E. STAFF REPORT AND OTHER BUSINESS
F. ADJOURNMENT
CEB Agenda Page I of 1
CODE ENFORCEMENT MINUTES
MEETING OF MARCH 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 Don Cooper
Dwayne Speer
Dennis Duncan
Mary Gutierrez
C. ADOPTION OF MINUTES:
Board Member Duncan moved, seconded by Board Member Gutierrez, that the minutes of the
February 7, 2013 meeting be approved as mailed. The motion carried unanimously.
D. DETERMINATION HEARINGS:
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.
03072013 CEB Minutes
Page 1 of 3
i. City of Pasco vs. Tomas Hernandez, case number CEB2012 -3834 for the property
located at 907 W Ainsworth Avenue
Mr. Nickolds called Debra Scott, Code Enforcement Officer, to read the case facts into
the record.
Ms. Scott indicated that the cited violation was Pasco Municipal Code (PMC)
5.10A.110(I) — Conducting business as a mobile vendor after sunset. Ms. Scott explained
that the status of this violation is corrected. Ms. Scott stated that this was a second
offense violation. Two previous notices were sent, one on May 14, 2011, case number
CEB2011 -1557, for operating an itinerant cart without a license and failure to comply
with itinerant vendor standards. This case was considered a correction notice and was
not heard by the Code Board. On August 16, 2011, case number CEB2011 -2853 was
dismissed as Mr. and Mrs. Hernandez stated that the cart did not belong to them, however
the Health Department has the cart licensed with the sister of Tomas Hernandez but there
is no paperwork on the sale. The second notice was issued on May 22, 2011, case
number CEB2011 -1584 for one or more of the sited violations listed above. This case
resulted in a first offense penalty by the Code Board on August 4, 2011. A second
offense notice of civil violation was issued on December 17, 2012 via counter contact.
The property owner was legally notified on February 21, 2013 of the conditions which
are believed to be a second offense violation of the Pasco Municipal Code. Based on the
final inspection of the itinerant vendor completed on March 16, 2013, the itinerant vendor
is in compliance at this time.
The City recommended the business owner, Tomas Hernandez, pay $500 for a second
offense penalty.
Chairman Gottschalk asked Ms. Scott to explain what an itinerant vendor is.
Ms. Scott explained that an itinerant vendor works on the street but can only locate in one
spot for two hours and then has to move locations. They are allowed to be on City right -
of -way as long as the cart is continuously moved and they cannot operate after dark.
Tomas Hernandez, 907 W. Ainsworth Avenue, appeared before the board along with
Leticia Garcia, 100 S. 5`h Avenue, who translated for Mr. Hernandez.
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 Speer moved, seconded by Board Member Duncan, that the itinerant
business owner pay a repeat penalty of $500. The motion carried unanimously.
Chairman Gottschalk explained to Mr. Hernandez that he would be fined $500 and if this
is repeated his business license will be revoked.
03072013 CEB Minutes
Page 2 of 3
c. Amendments
d. Dismissals
e. Motion
Board
Member
Duncan
made a motion
to approving
Resolution No. 2013 -003 as amended,
Board
Member
Gutierrez
seconded. The
motion carried
unanimously.
E. STAFF REPORT AND OTHER BUSINESS:
Board Member Duncan made a motion rescheduling the April Code Board Meeting of April 4, 2013
to April 11, 2013, Board Member Gutierrez seconded. The motion passed unanimously.
Mitch Nickolds, Inspection Services Manager, reported that staff is wrapping up dog canvassing and
that recent Commercial and Industrial development was underway in addition to a new jail and
elementary school.
Rick White, Community & Economic Development Director, advised the Code Enforcement Board
that the interviews for the new Code Enforcement Officer had been completed as of Friday, March 1,
2013.
F. ADJOURNMENT
There being no further business before the Pasco Code Enforcement Board, the meeting was
adjourned by Chairperson Gottschalk at 7:28 p.m.
/0/ t
Mitch Nickolds, Secretary
MN /ks
03072013 CEB Minutes
Page 3of3
MEMORANDUM
March 11, 2013
TO: Rick White, Director,
Community & Economic Development
FROM: Mitch Nickoifpf ction Services Manager
SUBJECT: Code Enforcement Activity Reports
Reports for the Month of February 2013
Please find attached copies of the Code Enforcement Activity Reports for the
month of February:
(1) CEB Resolution, February 7, 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 February, 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 ".
Code Enforcement Activity Report
06M
(4) Pasco Rental License Program: January- December 2013
This report
tracks progress in
the
annual licensing of rental
units.
As of
February 1,
2013, we estimated
that
there are 6,357 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 February 28, 5,284 dwelling units have been licensed or
certified as non - rentals. This is over 83% of the estimated total.
February Code Enforcement/Rental License Pram Highlights
In February, electrical power was restored in an unsafe home on South 10t'
Avenue, to aid the owners in renovation of the home. In late 2012, code
enforcement officers declared the home "unsafe to occupy" following a call from
the Metro Task Force when, during service of a warrant, they discovered basement
of the home had been converted to a hydroponic marijuana grow operation. The
electrical wiring for the grow equipment and dehumidifying system had been
modified to illegally bypass the electric meter and breaker system; thus creating an
imminent threat of fire and injury for the mother and children living in the home
above the grow operation.
The March report will be submitted on April 10, 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
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