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HomeMy WebLinkAbout05022013 Code Enforcement Board MinutesCODE ENFORCEMENT MINUTES MEETING OF MAY 2, 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 Dennis Duncan Dwayne Speer Don Cooper Mary Gutierrez C. ADOPTION OF MINUTES: Board Member Speer moved, seconded by Board Member Duncan, that the minutes of the April 11, 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. L Mr. Nickolds called Debbie Scott, Code Enforcement Officer, to read the case facts into the record. Ms. Scott indicated that the cited violations on this property were Pasco Municipal Code (PMC) 6.04.010 —Failure to maintain garbage service. The status has been corrected. 05022013 CEB Minutes Page 1 of 3 Ms. Scott stated that the property was inspected on February 5, 2013. Violations were observed and it was determined to be a repeat violation. A previous notice was sent on November 17, 2011 for a sited violation of failure to maintain garbage service and the violation was corrected. A repeat notice of served violation was issued on February 15, 2013 via processed serve. The property owners were legally notified on March 22, 2013 of the conditions which are repeat violations of the PMC. Based on final inspection of the property completed on May 1, 2013 the property is in compliance at this time. The City recommended that Mirna Aguayo shall pay $35 to reimburse the City for the cost of personal service of the notice, pay $200 for the repeat penalty to be held in abeyance for one year and dismissed if no further violations of the same or similar occur within that time frame. Javier Rodriquez, 1427 N. 4`h Avenue, spoke on behalf of this property and explained the circumstances leading to the lack of garbage service. CODE BOARD DECISION: Board Member Duncan moved, seconded by Board Member Cooper, that violation of the PMC had occurred and were shown by a preponderance of the evidence. The motion carried unanimously. Board Member Speer further moved, seconded by Board Member Duncan, and assessed a $45 service fee to be paid immediately and a $50 penalty be imposed on this property but held in abeyance for one year and dismissed if no further violations of the same or similar occur within that time frame. The motion carried unanimously. c. Amendments i. This case was continued to the June 6, 2013 meeting. ii. City of Pasco vs. AHO Construction Inc.. case number CEB2013 -1630, for the property located at 4315 Phoenix Lane This case was scheduled to appear but was unable. AHO Construction did abate the problem and the recommendations were modified to impose a $200 repeat violation penalty but held in abeyance for one year and dismissed if no further violations of the same or similar occur within that time frame. iii. City of Pasco vs. AHO Construction Inc., case number CEB2013 -1631 for the property located at 4111 Phoenix Lane This case was scheduled to appear but was unable. AHO Construction did abate the problem and the recommendations were modified to impose a $200 repeat violation penalty but held in abeyance for one year and dismissed if no further violations of the same or similar occur within that time frame. 05022013 CEB Minutes Page 2 of 3 iv. City of Pasco vs. AHO Construction Inc., case number CEB2013 -1632 for the property located at 4220 Phoenix Lane This case was scheduled to appear but was unable. AHO Construction did abate the problem and the recommendations were modified to impose a $200 repeat violation penalty but held in abeyance for one year and dismissed if no further violations of the same or similar occur within that time frame. d. Dismissals e. Motion Board Member Speer made a motion to approving Resolution No. 2013 -005 as amended, Board Member Duncan seconded. The motion carried unanimously. E. STAFF REPORT AND OTHER BUSINESS: Mitch Nickolds, Inspection Services Manager, advised the Code Board Members that a Special Meeting needed to be adopted for Wednesday, May 15, 2013 to schedule delinquent dog license violations. Board Member Duncan made a motion to approve a Special Meeting for Wednesday, May 15, 2013 at 7:00 p.m., Board Member Gutierrez seconded. The motion carried unanimously. Mitch Nickolds, Inspection Services Manager, updated the Code Board Members that the City is roughly 200 building permits ahead of schedule from last year at this time. F. ADJOURNMENT There being no further business before the Pasco Code Enforcement Board, the meeting was adjourned by Chairperson Gottschalk at 7:25 p.m. f, Mitc''h Nickolds, Secretary MN /ks 05022013 CEB Minutes Page 3 of 3