Loading...
HomeMy WebLinkAbout05022013 Code Enforcement Board PacketMEMORANDUM DATE: April 25, 2013 TO: Code Enforcement Board FROM: Mitch Nicko�t Inspection Services Manager Community & Economic Development SUBJECT: CEB Determination Hearing May 02, 2013 Distribution D Cooper D Duncan D Gottschalk D Speer M Gutierrez I am writing to confirm that the Code Enforcement Board will meet May 02, 2013 at 7:00 p.m., in Pasco City Council chambers. Please find attached the following: (1) An agenda for May 02, 2013; (2) Minutes of the previous CEB meeting; (3) Code Enforcement Activity Reports for March. If you have any questions, please call (509) 543 -5743. 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 May 02, 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 -0175 1427 N 4TH AVE - MIRNA AGUAYO, owner Debbie Scott, Code Enforcement Officer Description: Failure to maintain required garbage service. PMC 6 04.090 (1) Violation: Lack of required garbage service through Basin Disposal Inc. (service is required for all occupied residences and businesses within the City). (2) Corrective Action: Start or restart garbage service (please call Basin Disposal Inc. at (509) 547- 2476). CEB2013 -0212 4307 COCHINS LN - HEATHER J DVORAK, owner Martin Barajas, Code Enforcement Officer Description: Driveway extended without a City of Pasco buildingpermit. PMC 16 04.010 (1) Violation: Failure to secure a City of Pasco building permit. (2) Corrective Action: Remove all unpermitted hard surface in the front yard; or File an application (with a site plan detailing the location and dimension of the subject hard surface) for City of Pasco building permit and, upon the City's review and approval of the project, pay a doubled building permit fee and secure the necessary building permit. CEB2013 -1630 4315 PHOENIX LN - AHO CONSTRUCTION I INC, owner Erin Spence, Code Enforcement Officer Description: No dust control on site (REPEAT). PMC 9.56.030, 9.56.040 (1) Violation: Failing to employ the best available dust control methods to prevent dust from leaving the property. (2) Corrective Action: Treat all exposed and /or disturbed soils with an approved dust control treatment (i.e. hydro seed, mulch, landscaping, sprinkler, etc.) to prevent blowing dust from leaving the property. Maintain dust control at all times. CEB Agenda Page I of 2 CEB2013 -1631 4111 PHOENIX LN - AHO CONSTRUCTION I INC. owner Erin Spence, Code Enforcement Officer Description: No dust control on the property (REPEAT). PMC 9.56.030, 9.56.040 (1) Violation: Failing to employ the best available dust control methods to prevent dust from leaving the property. (2) Corrective Action: Treat all exposed and /or disturbed soils with an approved dust control treatment (i.e. hydro seed, mulch, landscaping, sprinkler, etc.) to prevent blowing dust from leaving the property. Maintain dust control at all times. Description: Construction trash and debris on the ground throughout the site. PMC 9.60.030 (6) (1) Violation: Any parcel within the City which is filthy, littered or trash- covered due to placing, dropping, disposing, throwing away, or otherwise discarding litter, garbage, refuse, cans, bottles, paper or paper material, metal, organic or inorganic material on areas of the property other than approved garbage containers. (2) Corrective Action: Remove and lawfully dispose of all litter, garbage, junk or vegetative waste on the property. CEB2013 -1632 4220 PHOENIX LN - AHO CONSTRUCTION I INC. owner Erin Spence, Code Enforcement Officer Description: No dust control on site (REPEAT). PMC 9.56030, 9.56.040 (1) Violation: Failing to employ the best available dust control methods to prevent dust from leaving the property. (2) Corrective Action: Treat all exposed and /or disturbed soils with an approved dust control treatment (i.e. hydro seed, mulch, landscaping, sprinkler, etc.) to prevent blowing dust from leaving the property. Maintain dust control at all times. Amendments Dismissals Motion E. STAFF REPORT AND OTHER BUSINESS F. ADJOURNMENT CEB Agenda Page 2 of 2 CODE ENFORCEMENT MINUTES MEETING OF APRIL 11, 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 ABSENT Daniel Gottschalk, Chairperson Dennis Duncan Dwayne Speer Don Cooper Mary Gutierrez C. ADOPTION OF MINUTES: Board Member Gutierrez moved, seconded by Board Member Cooper, that the minutes of the March 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. i. Mr. Nickolds explained that Eric Jones was to appear on the behalf of Residential Rentals LLC but was unable to attend. Mr. Nickolds asked Code Enforcement Officer Martin Barajas to testify that the notice was correct.. 04112013 CEB Minutes Page 1 of 2 Mr. Barajas stated in reference to this case that notice to the property owner was served properly, that it was documented and that violations have occurred. Notification of this case was received by Eric Jones of Residential Rentals LLC via certified mail. Mr. Nickolds asked the Code Board to move the case to the resolution for disposition. c. Amendments i. City of Pasco vs. Thomas Hinoiosa case number CEB2013 -0367 for the properri' located at 2712 Fleming Lane This case was continued to the May 2, 2013 hearing. d. Dismissals i. City of Pasco vs. Francisco Castellanos, case number CEB2012 -3630 for the property located at 1814 W. Octave Street This case was dismissed due to compliance. e. Motion Board Member Cooper made a motion to approving Resolution No. 2013 -004 as amended, Board Member Gutierrez seconded. The motion carried unanimously. E. STAFF REPORT AND OTHER BUSINESS: Mitch Nickolds, Inspection Services Manager, advised the Code Enforcement Board that a special meeting might be necessary on May 15, 2013 to handle delinquent dog licenses and business licenses. F. ADJOURNMENT There being no further business before the Pasco Code Enforcement Board, the meeting was adjourned by Chairperson Gottschalk at 7:09 p.m. M d /Z Mitch Nickolds, Secretary MN /ks 04112013 CEB Minutes Page 2 of 2 MEMORANDUM April 25, 2013 TO: Rick White, Director, Community & Economic Development FROM: Mitch Nick ction Services Manager SUBJECT: Code Enforcement Activity R orts Reports for the Month of March, 2013 Please find attached copies of the Code Enforcement Activity Reports for the month of March: (1) CEB Resolution, March 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, March 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 Om (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 March 31, 5,284 dwelling units have been licensed or certified as non - rentals. This is over 83% of the estimated total. March Code Enforcement/Rental License Pro ram Highlights In March, following two rounds of courtesy phone calls to owners of businesses and dogs who had failed to renew their City business or dog licenses for 2013, Pasco customer service division referred 491 delinquent business licenses and 761 delinquent dog licenses to Pasco code enforcement officers for formal code violation notices. To hear the large number of delinquent dog and business license notices, in addition their regular monthly meetings, special meetings of the Pasco Code Enforcement Board will likely be necessary in May and June. The April report will be submitted on May 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 CITY OF PASCO CODE ENFORCEMENT BOARD RESOLUTION RESOLUTION NO. 2013 - 3 A RESOLUTION finding that code violations have been corrected and may be dismissed without penalty, deferring action on certain cases pending proper notification, accepting voluntary correction agreements, and assessing penalties on certain cases. WHEREAS, the City of Pasco has found that there exist conditions on certain properties that constitute violations of the Pasco Municipal Code; and WHEREAS, the Code Enforcement Board has the authority to affirm, dismiss, or modify notices of civil violations issued by the City: NOW BE IT RESOLVED BY THE CODE ENFORCEMENT BOARD OF THE CITY OF PASCO; That the following cases be dismissed without penalty: Service Repeat Daily Mon e Dismissed Other CEB2012 -1302 CECILIA M MANDUJANO CEB2012 -2762 ALBA AREVALO CEB2012 -2781 LYNN M (TR) JONES CEB2012 -3305 LAURA B HUDDLESTON CEB2012 -3316 ROBERT W & SONDA LADEAUX CEB2012 -3327 DONALD J & AMY E WELCH CEB2012 -3330 KAILEY SALLEE CEB2012 -3335 DOUGLAS M & BRIANNA L JENSEN CEB2012 -3417 MARK W BETHMANN CEB2012 -3429 ENRIQUE F MEDINA- BECKWITH CEB2012 -3430 NICOLAS K & BRIANNE C HINKLE CEB2012 -3475 L DEAN & RACHEL BUCK (JTWROS) Page 1 of 5 Service Repeat RdLy Monet ary Dismissed Other CEB2012 -3508 MARIA SANCHEZ CEB2012 -3510 ANTONIO & ALMA L DIAZ CEB2012 -3536 GREGORY LEWIS CEB2012 -3639 NELSON (ETAL) TRAHAN & MAMIE J CEB2012 -3645 ANDRES MENDEZ CEB2012 -3750 JOANN (ETAL) PARTIDA CEB2012 -3784 CAROL MODEST CEB2013 -0087 JOSE & MAYRA ROMERO CEB2013 -0096 K SCOTT & DEBORAH WATKINS CEB2013 -0122 OLIN HOMES LLC CEB2013 -0123 OLIN HOMES LLC Be it further resolved the following people were not properly notified of alleged violations of the Pasco Municipal Code and hearings for their cases should be deferred until such times as they are properly notified: Service Rock Daily Monetary Dismissed Other CEB2012 -3326 CLAIR W RUMSEY - CEB2012 -3334 DALE V LOCKE CEB2012 -3497 JEFF ANHELUK CEB2012 -3509 KELLY E POYNOR CEB2013 -0175 MIRNA AGUAYO CEB2013 -0192 RICARDO SOLTERO (ETAL) Be it further resolved that the Code Enforcement Board accepts or continues the below listed cases and voluntary correction agreements: Page 2 of 5 Service Repeat Daily Monetary Dismissed Other CEB2012 -0048 J BRUCE FORBES CEB2012 -2867 UPPER COLUMBIA MISSION SOCIETY CEB2012 -3047 RAFAEL (ETUX) ARRIAGA CEB2012 -3480 TINA SHERRY LARSEN CEB2012 -3711 LEWIS STREET ASSOCIATES LLC CEB2012 -3792 MELESIOAGUILAR CEB2012 -3846 LUCIANO HERNANDEZ CEB2013 -0067 BERNARDO CUEVAS (ETUX) CEB2013 -0097 JANICE CHAFIN CEB2013 -0146 MARCO A QUEZADA CEB2013 -0.150 HAYDEN HOMES City abatement CEB2013 -0164 JASON PUMPHREY CEB2013 -0176 ZAG INVESTMENTS LLC Be it further resolved that the following cases are now in compliance. However, proper notification of certain people required use of a professional process server and a monetary service penalty of forty -five dollars ($45.00) is assessed in each case therefor; and certain properties and people were found in repeat violation of the Pasco Municipal Code and a minimum mandatory monetary penalty of two hundred dollars ($200.00) is assessed for each repeat violation therefor; and certain properties and people were assessed a minimum mandatory monetary penalty of fifty dollars ($50.00) for certain violation(s) of the Pasco Municipal Code therefor: Service Reheat Daily Mon e i ed Other CFB2012 -3369 JAIME A VARGAS forty-five dollars ($45) CEB2012 -3638 CRISELDA BALLARDO- GARCIA forty-five dollars ($45) CEB2012 -3866 ENCARCION GALVEZ forty-five dollars ($45) one hundred dollars ($100) CEB2013 -0051 ALVARO ACEVEDO CONTRERAS (ETU) two hundred dollars ($200) Page 3 of 5 Be it further resolved that, pursuant to PMC 11.02.060 (4)(d), any person who fails to collect or accept the certified mail copy Service Re eat Daily Monetary Dismissed Other CEB2013 -0167 PATRICK JOHNSON two hundred dollars ($200) CEB2013 -0174 MARLON OLIVERA one hundred dollars ($100) Be it further resolved that the following people were properly notified of alleged violations of the Pasco Municipal Code but have failed to appear before the Pasco Code Enforcement Board for hearings on the date prescribed and said alleged violations have not been abated as required or were abated by the City and abatement costs, timeframes for compliance and daily monetary penalties in the amounts not to exceed those established by PMC 11.02.050 and as may be determined by the Community Development Director are assessed for each civil violation therefor: Service Reneat Daily Monetary Dismissed Other CEB2012 -3198 EDWARD L & JANET B BROWNING fifty dollars ($50) CEB2012 -3306 CRISOFORO VERDUZCO fifty dollars ($50) CEB2012 -3354 RICHARD P & HEATHER R BRUNNER forty-five dollars ($45) fifty dollars ($50) CEB2012 -3468 JUSTIN R HENNING fifty dollars ($50) CEB2012 -3635 MARIA ESTRADA fifty dollars ($50) CEB2012 -3644 MOISES B & MARIA MARROQUIN fifty dollars ($50) CEB2012 -3646 ARTEMIO (ETUX) CHAPA fifty dollars ($50) CEB2012 -3766 RIOS M CONTRERAS (ETAL) forty-five dollars ($45) two hundred dollars ($200) one hundred dollars ($100) - CEB2013 -0089 YELIS E ROJAS (ETUX) fifty -six dollars ($56) two hundred dollars ($200) one hundred dollars ($100) Be it further resolved that the following people were properly notified of alleged violations of the Pasco Municipal Code and have appeared before the Pasco Code Enforcement Board for hearings on the date prescribed and the Board issued orders therefor: Service Repeat Daily Monetary Dismissed Other CEB2012 -3834 TOMAS HERNANDEZ five hundred dollars ($500) Be it further resolved that, pursuant to PMC 11.02.060 (4)(d), any person who fails to collect or accept the certified mail copy of the Board's decision may be required to be served a copy of the decision via professional process server, and all such costs for personal service of the decision are hereby assessed. Page 4 of 5 Total number of cases: 58 Passed by the Code Ent rcement Board of the City of Pasco on March 7, 2013. ATTEST: WIN Daniel Gottschalk, Chairperson Mitch Nickolds, Inspection Services Manager Page 5 of 5 ADW STATUS REPORT CODE ENFORCEMENT INSPECTION MARCH OFFICER ► Martin B. Debra S. Erin S. Lloyd C. New Mitch N. MONTHLY Year to Jake H. Officer TOTAL Date VIOLATION TYPE (Not hired yet.) Property 32 16 33 0 0 O 81 258 Nuisances Housing Code 0 33 O O 0 0 33 51 Business Licenses 3 2 12 0 0 0 17 77 Dog Licenses/ 4 0 2 O 0 0 6 17 Animal Related Rental Inspection 4 96 20 O O 0 120 541 Corrections RV's /Utility 6 1 0 0 0 O 7 10 Trailers/ Rec Equip. in Streets CASES OPENED 49 148 67 0 0 0 264 954 MONTHLY TOTAL YEAR -TO -DATE 196 458 299 O 0 1 954 954 TOTALS CASES CLOSED 90 35 33 1 0 1 79 708 Note: counts reflect only code enforcement inspections that resulted in issuance of an initial written Correction Notice. MARCH 2013 STATUS REPORT CODE ENFORCEMENT COMPLIANCE ACTIONS RENTAL INSPECTIONS /CERTIFICATIONS 2013/2014 INSPECTION PERIOD BY LICENSED UNITS TO UNITS CORRECTIONS CORRECTIONS IN DISTRICT BE CERTIFIED INSPECTED PASS FAIL COMPLETED PROGRESS EST. TOTAL - 69357 DISTRICT 1- 2013 JANUARY - MARCH 651 342 1 328 14 2 12 DISTRICT 2 - 2013 0 APRIL - JUNE 423 0 0 0 0 DISTRICT 3 - 2013 JULY - SEPTEMBER 633 0 0 0 0 0 DISTRICT 4 - 2013 OCTOBER - DECEMBER 832 0 0 0 0 0 DISTRICT 5 - 2014 JANUARY - MARCH 747 16 16 0 0 0 DISTRICT 6 - 2014 APRIL - JUNE 846 3 3 0 0 0 DISTRICT 7 - 2014 JULY - SEPTEMBER 536 25 25 0 0 0 DISTRICT 8 - 2014 OCTOBER-DECEMBER 604 112 107 5 0 5 LICENSED TOTALS 59272 498 479 19 2 19 PASCO RENTAL LICENSE PROGRAM 2013 MARCH MONTH ESTIMATED # OF RENTAL UNITS TO BE LICENSED RENTAL UNITS LICENSED (From Applications and License Renewals) CERTIFIED NON- RENTAL UNITS ESTIMATED UNLICENSED RENTALS (Remaining) NOTICES ISSUED 1/1/13 6,357 5,169 1 1,187 JANUARY 6,357 103 0 1,084 9 FEBRUARY 6,357 11 0 1,073 0 MARCH 6,357 0 0 19073 12 APRIL MAY JUNE JULY AUGUST SEPTEMBER OCTOBER NOVEMBER DECEMBER TOTALS 69357 55283 1 1,073 9