HomeMy WebLinkAbout06062013 Code Enforcement Board MinutesCODE ENFORCEMENT MINUTES
MEETING OF JUNE 69 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 Duncan moved, seconded by Board Member Gutierrez, that the minutes of the May 2,
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 City of Pasco vs. Ruby, Kyle & Sandra, case number CEB2013 -0518 for the property
located at 1711 W. Octave Street
Mr. Nickolds called Debbie Scott, Code Enforcement Officer, to read the case facts into the
record.
Ms.
Scott
indicated that the cited violation on this
property
was Pasco
Municipal
Code (PMC)
8.02.190
—
Dog license(s) not renewed. The status
has been
corrected.
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A review of the dog license renewal records on March 1, 2013 revealed that the property
owners failed to license their dog before March 1, 2013 which was determined to be a third
offense violation. Previous notices were sent on July 9, 2010, . case number 2010 -1445. Again
on April 12, 2011, case number 2011 -0550 and on July 17, 2012, case number 2012 -1227 for
failing to license their dog before March 1" of each year. In each case the license was obtained
late. A third offense notice of civil violation was issued on April 29, 2013 via certified mail.
The property owners were legally notified on May 3, 2013 of the violations which are believed
to be a third offense violation of the Pasco Municipal Code. On May 14, 2013 the property
owners licensed their dog and are now in compliance for 2013.
The City recommended that Kyle and Sandra Ruby shall pay $200 for a third offense penalty.
Kyle Ruby, 1711 W. Octave Street, spoke on behalf of this property and explained the
circumstances. He explained that he thought the licenses were for one year from the date of
purchase of the license.
CODE BOARD DECISION: Board Member Speer moved, seconded by Board Member
Duncan, 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 Gutierrez, that a repeat
penalty of $300 be imposed and held in abeyance for 12 months and be dismissed if no
additional violations occur within that 12 month period. The motion carried four to one with
Board Member Duncan dissenting.
ii. Cite of Pasco vs. Valdez, Gregorio & Flor Estela, case number CEB2013 -1693 &
CEB2013 -2730 for the property located at 603 W. Shoshone Street
Mr. Nickolds called Erin Spence, Code Enforcement Officer, to read the case facts into the
record.
Ms. Spence indicated that the cited violations on this property were Pasco Municipal Code
(PMC) 16.04.010 — Failure to secure a City of Pasco building permit for a patio cover and
second floor addition. The status has not been corrected.
The property was inspected on May 7, 2013 and construction on a patio cover was found to be
underway without a building permit. A stop work order was posted on all unpermitted work on
the property until a permit is issued for work on the site. A permit for this work was applied for
on April 22, 2013 but the work could not be approved and a denial letter was issued on May 7,
2013. On May 16, 2013 the property was inspected again and work was again found to be
underway on a second story structure without a permit. Another stop work order and correction
notices were posted advising work to cease on the property until permits were obtained. As of
May 17, 2013 applications for building permits have not been received and the unpermitted
structures were still standing on the property. A repeat civil violation for an unpermitted patio
cover and second repeat notice of civil violation for the second story structure were issued that
day for violations to the Pasco Municipal Code. Notices were issued on May 17, 2013 via
certified mail and the property owners were legally notified on May 22, 2013 of the conditions
in which are believed to be repeat violations of the PMC.
The City recommended that Gregorio & Flor Estela
Valdez pay
$400 for the second
repeat
penalty and $100 for the repeat penalty and be given
10 days to
correct the property
of any
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Page 2 of 5
remaining violations or pay a penalty of $100 per day for 10 days for CEB2013 -1693 and pay a
penalty of $200 per day for 10 days for CEB2013 -2730.
Flor Estela Valdez, 603 W. Shoshone Street, spoke on behalf of this property and explained the
circumstances.
There was input regarding this case and questions answered by Mr. Nickolds and Ms. Spence.
CODE BOARD DECISION: Board Member Duncan moved, seconded by Board Member
Gutierrez, that violation of the PMC had occurred and were shown by a preponderance of the
evidence. The motion carried unanimously.
Board Member Duncan further moved, seconded by Board Member Gutierrez, that a penalty of
$400 for a second repeat penalty and $100 for a repeat penalty be paid and the respondent be
given 10 days to correct any remaining violations or be given a penalty of $100 per day for 10
days for CEB2013 -1693 and a penalty of $200 per day for 10 days for CEB2013 -2730. The
motion carried unanimously.
City of Pasco vs. Martinez, Jose, case number CEB2013 -1704 for the property located
at 3632 W. Ruby Street
Mr. Nickolds called Martin Barajas, Code Enforcement Officer, to read the case facts into the
record.
Mr. Barajas indicated that the cited violation on this property was Pasco Municipal Code
(PMC) 9.60.030 (16) — Dry weeds over 12 inches tall along the fence and sidewalk. The status
has been corrected.
The property was inspected on May 8, 2013 for violations of the Pasco Municipal Code.
Violations were observed and were determined to be repeat violations. A previous notice was
issued on July 22, 2011, case CEB2011 -2702 for the same violation noted. A repeat notice of
civil violation was issued on May 9, 2013 via certified mail. The properties owners were
legally notified on May 25, 2013 of the conditions of which are believed to be in violation.
Based on a final inspection completed on Jute 5, 2013 it has been determined that the status has
been corrected.
The City recommended that Jose Martinez pay $200 for the repeat penalty.
Jose Martinez, 3632 W.
Ruby
Street, spoke on
behalf of this property and explained the
circumstances.
CODE BOARD DECISION: Board Member Speer moved, seconded by Board Member
Duncan, 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 Cooper, that a penalty of
$200 be paid for a repeat violation to be held in abeyance for 12 months and be dismissed if no
additional violations occur within that 12 month period. The motion carried unanimously.
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iv.
Mr. Nickolds called Martin Barajas, Code Enforcement Officer, to read the case facts into the
record.
Mr. Barajas indicated that the cited violation on this property was Pasco Municipal Code
(PMC) 6.04.090 — Failure to maintain garbage service.
The property was inspected on April 30, 2013 for violations of the Pasco Municipal Code.
Violations were observed and determined to be a third repeat violation. Previous notices were
sent on June 23, 2011 in case CEB2011 -2491 and on December 5, 2011 in case CEB201 1 -3496
for the same violation noted above. A third repeat notice of civil violation was issued on May
15, 2013 via certified mail. The property owner was legally notified on May 16, 2013 of the
conditions believed to be a third repeat violation of the Pasco Municipal Code. Based on the
final inspection done on the property completed on June 5, 2013 the status is not in compliance
at this time. There still is no garbage service.
The City recommended that Ramiro Castilleja pay $600 for the third repeat penalty and be
given 5 days to correct any remaining violations or pay a penalty of $300 per day for 10 days.
Ramiro Castilleja, 2120 N. 4 °i Avenue, spoke on behalf of this property and explained the
circumstances.
CODE BOARD DECISION: Board Member Cooper moved, seconded by Board Member
Duncan, 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 Cooper, that a third repeat
penalty of $600 be held in abeyance for 12 months and be dismissed if no additional violations
occur within that 12 month period and give 15 days to abate the violation or pay a daily penalty
of three hundred dollars per day for 10 days. The motion carried unanimously.
c. Amendments
L City of Pasco vs. Soto, Antonio & Anita, case number CEB2013 -0599 for the property
located at 209 N. Franklin Avenue
ii.
This case was continued.
This case was continued.
iii. City of Pasco vs. Harris, Katie, case number CEB2013 -0760 for the property located at
4 Apeldorn Court
This case was moved to the resolution for penalty.
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iv.
This case was moved to the resolution for penalty.
d. Dismissals
i. City of Pasco vs. Ortiz, Armando, case number CEB2013 -0584 for the property located
at 1931 W. Shoshone Street
This case was dismissed. This owner no longer lives at this residence.
e. Motion
Board Member Duncan made a motion to approving Resolution No. 2013 -006 as amended, Board
Member Gutierrez seconded. The motion carried unanimously.
E. STAFF REPORT AND OTHER BUSINESS:
Mitch Nickolds, Inspection Services Manager, advised the Code Board Members that scheduled for the
July Meeting there are 185 cases, mostly for dog licensing with the possibility of an additional 150 more
cases added to that agenda, however most of those might voluntarily comply prior to the meeting.
F. ADJOURNMENT
There being no further business before the Pasco Code Enforcement Board, the meeting was adjourned by
Chairperson Gottschalk at 8:01 p.m.
Mitch ickolcrs, Secretary
MN /ks
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