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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