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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. 06062013 CEB Minutes Page I of 5 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 06062013 CEB Minutes 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. 06062013 CEB Minutes Page 3 of 5 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. 06062013 CEB Minutes Page 4 of 5 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 06062013 CEB Minutes Page 5 of 5