HomeMy WebLinkAbout03072013 Code Enforcement Board MinutesCODE 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