HomeMy WebLinkAbout07112013 Code Enforcement Board PacketMEMORANDUM
DATE: July 05, 2013 Distribution
D Cooper
TO: Code Enforcement Board D Duncan
D Gottschalk
FROM: Mitch Nick D Speer
Inspection Se .es Manager M Gutierrez
Community & Economic Development
SUBJECT: CEB Determination Hearing
July 11, 2013
I am writing to confirm that the Code Enforcement Board will meet July 119 2013
at 7:00 p.m., in Pasco City Council chambers.
Please find attached the following:
(1) An agenda for July 11, 2013;
(2) Minutes of the previous CEB meeting;
(3) Code Enforcement Activity Reports for May.
If you have any questions, please call (509) 543 -5743.
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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
July 11, 2013 at 7:00 pm
A. CALL TO ORDER
B. ROLL CALL
a. Board Members Present
C. ADOPTION OF MINUTES
D. HEARINGS
a. Administration of Oaths
b. Hearings Scheduled
CEB2013 -0411 1111 LINCOLN DR - NELY FLORIAN, owner
Debbie Scott, Code Enforcement Officer
Description: Dog license(s) not renewed. PMC 8.02.190
(1) Violation: All dogs over seven (7) months of age must be licensed with the City of Pasco. (2) Corrective Action:
License all dogs over the age of seven (7) months with the City of Pasco (please call (509) 545 -3488 for more
information).
CEB2013 -0502 1615 W IRVING ST - RAUL & ROSE ALEJANDRO, owner
Debbie Scott, Code Enforcement Officer
Description: Dog license(s) not renewed. PMC 8.02.190
(1) Violation: All dogs over seven (7) months of age must be licensed with the City of Pasco. (2) Corrective Action:
License all dogs over the age of seven (7) months with the City of Pasco (please call (509) 545 -3488 for more
information).
CEB2013
-0594
204
N
17TH
AVE
-
FRANCISCO
& NOELIA
MENDOZA,
owner
Debbie
Scott,
Code
Enforcement Officer
Description: Dog license(s) notrenewed. PMC 8.02.190
(1) Violation: All dogs over seven (7) months of age must be licensed with the City of Pasco. (2) Corrective Action:
License all dogs over the age of seven (7) months with the City of Pasco (please call (509) 545 -3488 for more
information).
CEB2013 -0701 319 N CHARLES AVE - CAROLINA URIARTE, owner
Debbie Scott, Code Enforcement Officer
Description: Dog license(s) not renewed. PMC 8.02.190
(1) Violation: All dogs over seven (7) months of age must be licensed with the City of Pasco. (2) Corrective Action:
License all dogs over the age of seven (7) months with the City of Pasco (please call (509) 545 -3488 for more
information).
CEB2013 -0824 419 ARBUTUS AVE - MICHELLE JENKINS, owner
Debbie Scott, Code Enforcement Officer
Description: Dog license(s) not renewed. PMC 8.02.190
CEB Agenda Page I of3
(1) Violation: All dogs over seven (7) months of age must be licensed with the City of Pasco. (2) Corrective Action:
License all dogs over the age of seven (7) months with the City of Pasco (please call (509) 545 -3488 for more
information).
CEB2013 -0868 4311 MESSARA LN - GUILLERMO & CRUZ I (JR) GARCIA owner
Martin Barajas, Code Enforcement Officer
Description: Dog license(s) not renewed. PMC 8.02.190
(1) Violation: All dogs over seven (7) months of age must be licensed with the City of Pasco. (2) Corrective Action:
License all dogs over the age of seven (7) months with the City of Pasco (please call (509) 545 -3488 for more
information).
CEB2013 -1134 5916 WESTMINSTER LN - DELL F SPAULDING, owner
Martin Barajas, Code Enforcement Officer
Description: Dog license(s) not renewed. PMC 8.02.190
(1) Violation: All dogs over seven (7) months of age must be licensed with the City of Pasco. (2) Corrective Action:
License all dogs over the age of seven (7) months with the City of Pasco (please call (509) 545 -3488 for more
information).
CEB2013 -1262 7 W A ST - JOSE C VENEGAS. owner
Debbie Scott, Code Enforcement Officer
Description: Dog license(s) not renewed. PMC 8.02.190
(I) Violation: All dogs over seven (7) months of age must be licensed with the City of Pasco. (2) Corrective Action:
License all dogs over the age of seven (7) months with the City of Pasco (please call (509) 545 -3488 for more
information).
CEB2013
-1281
709
S
ELM
AVE
-
BELEN
DIAZ,
owner
Debbie
Scott,
Code
Enforcement Officer
Description: Dog license(s) not renewed. PMC 8.02.190
(1) Violation: All dogs over seven (7) months of age must be licensed with the City of Pasco. (2) Corrective Action:
License all dogs over the age of seven (7) months with the City of Pasco (please call (509) 545 -3488 for more
information).
CEB2013 -1389 831 W HENRY ST - DANIEL & GREGORIA UVALLE, owner
Martin Barajas, Code Enforcement Officer
Description: Dog license(s) not renewed. PMC 8.02.190
(1) Violation: All dogs over seven (7) months of age must be licensed with the City of Pasco. (2) Corrective Action:
License all dogs over the age of seven (7) months with the City of Pasco (please call (509) 545 -3488 for more
information).
CEB2013 -1428 9011 RYELAND DR - RYAN & JUSTINE TRULSON- owner
Martin Barajas, Code Enforcement Officer
Description: Dog licenses) not renewed. PMC 8.02190
(1) Violation: All dogs over seven (7) months of age must be licensed with the City of Pasco. (2) Corrective Action:
License all dogs over the age of seven (7) months with the City of Pasco (please call (509) 545 -3488 for more
information).
CEB2013 -1591 804 W HENRY ST - JOSE GARCIA, owner
Martin Barajas, Code Enforcement Officer
Description: REPEAT - Failure to maintain the planting strip vegetation on the East side of this property. PMC
CEB Agenda Page 2 of 3
12.12.030
(1) Violation:
Failure of the owner, occupant or person having control of any real property is to maintain all vegetation in a healthy
and live condition on the planting strip or the drainage swale abutting the property.
(2) Corrective Action:
Restore /replace all vegetation in planting strips /swales to a live and healthy condition. Maintain planting strips and
swales in this manner at all times.
Description: Partially dilapidated fence at the southeast end of the property. PMC 9.60.030 (11)
(1) Violation:
Any unsightly building, billboard, fence, excavation, or other structure, or any abandoned or partially destroyed
building, fence, excavation or structure, or any building, fence, excavation or structure commenced and left unfinished.
(2) Corrective Action:
Make necessary repairs to building(s), billboard(s), fence(s) and /or other dilapidated structures, complete structure or
excavation or demolish and lawfully remove structure(s) from the property.
CEB2013 -1653 116 N 6TH AVE - ERIK & ROSALINDA BOSLEY, owner
Martin Barajas, Code Enforcement Officer
Description: No 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 -1707 3612 W AGATE ST - RUBEN O & CARMEN ESCALERA owner
Martin Barajas, Code Enforcement Officer
Description: Vehicle up on jacks in the driveway. PMC 25.70.150 (2) (a -d)
(1) Violation:
Only one (I) inoperable vehicle may be stored outside of a fully enclosed building on the property in any residential
zone. The vehicle shall not be stored upon a public right -of -way or in the front or side yard areas of the property.
(2) Corrective Action:
Store the inoperable vehicle within an enclosed building (such as a garage or shed). it may be stored outside provided it
is locked and secured at all times it is unattended and must be stored on an approved hard surface (i.e. gravel, asphalt or
concrete) behind a completely enclosed and sight obscuring six (6) foot fence. All vehicle parts not properly installed
upon a vehicle shall be stored inside a fully enclosed building or within the vehicle itself.
c. Amendments
d. Dismissals
e. Motion
E. STAFF REPORT AND OTHER BUSINESS
F. ADJOURNMENT
CEB Agenda Page 3 of 3
CODE 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
MEMORANDUM
June 10, 2013
TO: Rick White, Director,
Community & Economic Development
FROM: Mitch Nickokd�i� Services Manager
SUBJECT: Code Enforcement Activity Reports
Reports for the Month of May 2013
Please find attached copies of the Code Enforcement Activity Reports for the
month of May:
(1) CEB Resolution, May 2, 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, May, 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
0.M
(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 May 31, 5,290 dwelling units have been licensed or
certified as non - rentals. This is over 83% of the estimated total.
May Code Enforcement/Rental License Program Hiahlights
In May, Pasco code enforcement officers issued 969 correction notices to owners
of unlicensed dogs. The unlicensed dogs were discovered during the 2013 annual
dog canvassing effort in January and February. The properties of the dog owners
who fail to respond to these notices - by either licensing their dogs or calling the
City to advise they no longer have a dog- will be canvassed again in 2014. If
unlicensed dogs are found on their properties a 2nd time, the City will issue Notices
of Civil Violation which require mandatory hearings before the Code Enforcement
Board, and impose a minimum monetary penalty of $50 for each unlicensed dog
on the premises..
The June report will be submitted on July 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
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