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HomeMy WebLinkAbout07112013 Code Enforcement Board MinutesCODE ENFORCEMENT MINUTES MEETING OF JULY 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 Cooper moved, seconded by Board Member Gutierrez, that the minutes of the June 6, 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. City of Pasco vs. Aleiandro, Raul & Rose, case number CEB2013 -0502 for the property located at 1615 W Irvine 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. A review of the dog license renewal records on March L 2013 revealed that the property owners failed to license their dog and was determined to be a 07112013 CEB Minutes Page 1 of 6 second offense violation of the Pasco Municipal Code. Previous notices were sent on June 24, 2010, case number CEB2010 -1037 and again on April 26, 2011, case number CEB2011 -0820. Both years the license was obtained and the cases were closed. A second offense notice of civil violation was issued on June 2, 2013 via certified mail. The property owners were legally notified on June 4, 2013 of the conditions in which are believed to be the second offense of the Pasco Municipal Code. The dog license has been renewed on June 20, 2013 and the property is in compliance at this time. The City recommended that Raul & Rose Alejandro shall pay $100 for a second offense penalty. Rose Alejandro, 1615 W. Irving Street, spoke on behalf of this property and explained the circumstances. CODE BOARD DECISION: Board Member Speer 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 Speer further moved, seconded by Board Member Cooper, that a repeat penalty of $100 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 unanimously. ii. City of Pasco vs. Uvalle, Daniel & Gregoria, case number CEB2013 -1389 for the property located at 831 W. Henry 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) 8.02.190 — Dog license(s) not renewed. The status is corrected as of June 27, 2013. A review of the dog license renewal records on March 1, 2013 revealed that the property owners failed to license their dog and was determined to be repeat violation. Previous notices were sent in 2011, case number CEB2011 -2263 and in 2012, case number CEB2012 -2493. A second offense notice of civil violation was sent on June 18, 2013 delivered via certified mail. The property owners were legally notified on June 26, 2013 of the violation that is believed to be a second offense violation of the Pasco Municipal Code. The property is in compliance at this time. The City recommended that Raul & Rose Alejandro shall pay $100 for a second offense penalty. Rochelle Lepka, 831 W. Henry Street, spoke on behalf of the property owners and explained the circumstances. There was input regarding this case and questions answered by Mr. Nickolds and Ms. Spence. CODE BOARD DECISION: Board Member Speer 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. 07112013 CEB Minutes Page 2 of 6 Board Member Cooper further moved, seconded by Board Member Gutierrez, that a repeat penalty of $100 be imposed and held in abeyance for 12 months and be dismissed if no additional violations occur within that 12 month period. iii. City of the cited violation Pasco vs. was Pasco Municipal Code Trulson, — Failure to maintain Ryan & Justine, case number CEB2013 -1428 for the property located at 9011 Ryland Drive 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) 8.02.190 — Dog license(s) not renewed. The status has been corrected as of June 26, 2013. A review of the dog license renewal records on March 1, 2013 revealed that the property owners failed to license their dog and was determined to be repeat violation. Previous notices were issued on June 1, 2011, case number CEB2011 -2295 and June 1, 2012, case number CEB2012 -2602. A second offense notice of civil violation was issued on June 20, 2013 delivered via certified mail. The property owners were legally notified on June 22, 2013 of the violation that is believed to be a second offense of the Pasco Municipal Code. This property is in compliance at the time. The City recommended that Jose Martinez pay $100 for the repeat penalty. Ryan Trulson, 9011 Ryland Drive, spoke on behalf of this property and explained the circumstances. CODE BOARD DECISION: Board Member Gutierrez 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 Gutierrez, that a penalty of $50 be paid for a repeat violation. The motion carried unanimously. iv. Citv of 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 status has been corrected. The property was inspected on April 8, 2013 for violations of the Pasco Municipal Code and was determined to be repeat violations. A previous notice was sent on July 26, 2012, case number CEB2012 -2877. A repeat notice of civil violation was issued on April 16, 2013 via certified mail. The property owners were legally notified on April 24, 2013 of the conditions believed to be repeat violations of the Pasco Municipal Code. Based on the final inspection of the property completed on May 7, 2013 the property is in compliance and garbage service has been restored. The City recommended that Erik & Rosalinda Bosley shall pay $200 for a repeat penalty. 07112013 CEB Minutes Page 3 of 6 Richard Bosley, 116 6'h Avenue, spoke on behalf of this property and explained the circumstances. CODE BOARD DECISION: Board Member Cooper 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 Cooper further moved, seconded by Board Member Gutierrez, that a repeat penalty of $200 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 unanimously. V. City Street, spoke of circumstances. Pasco vs. Escalera, Ruben & Carmen, case number CEB2013 -1707 for the property located at 3612 W. Agate 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) 25.70.150 (2) (a -d) — Vehicle up on jacks in the driveway. The status has been corrected. The property was inspected on May 8, 2013 for violations of the Pasco Municipal Code and was determined to be a repeat violation. A previous notice was issued on September 27, 2011 for a similar violation. A repeat notice of civil violation was issued on May 9, 2013 via process server. The property owner was legally notified on June 18, 2013 of the conditions believed to be in violation of the Pasco Municipal Code. Based on a final inspection of the property completed on July 9, 2013 the property is in compliance. The City recommended that Ruben & Carmen Escalera pay $45 to reimburse the City for the cost of the personal service of the notice and impose a repeat penalty of $200. Ruben Escalera, 3612 W. Agate Street, spoke on behalf of this property and explained the circumstances. CODE BOARD DECISION: Board Member Speer 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 Gutierrez further moved, seconded by Board Member Speer, that the property owners pay $45 to reimburse the City for the cost of personal service of the notice and a repeat penalty of $200 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 unanimously. c. Amendments i. City of Pasco vs. Sandlin, Dean, case number CEB2013 -0419, for the property located at 11200 W. Court Street This case was continued. 07112013 CEB Minutes Page 4 of 6 d. Dismissals ii. This case was added to the resolution. iii. City of Pasco vs. Soto, Antonio & Anita, case number CEB2013 -0599 for the property located at 209 N. Franklin Avenue This case was added to the resolution. iv. City of Pasco vs. Uriarte, Carolina, case number CEB2013 -0701 for the propertv located at 319 N. Charles Avenue This case was added to the resolution. v. City of Pasco vs. Jenkins, Michelle, case number CEB2013 -0824 for the property located at 419 Arbutus Avenue This case was added to the resolution. vi. City of Pasco vs. Garcia, Guillermo & Cruz I (JR), case number CEB2013 -0868 for the property located at 4311 Messara Lane This case was added to the resolution. vii. City of Pasco vs. Spauldine, Dell, case number CEB2013 -1134 for the property located at 5916 Westminster Lane This case was added to the resolution. viii. City of Pasco vs. Venegas, Jose, case number CEB2013 -1262 for the property located at 7 W. A Street This case was added to the resolution. e. Motion Board Member Cooper made a motion to approving Resolution No. 2013 -007 as amended, Board Member Gutierrez seconded. The motion carried unanimously. 07112013 CEB Minutes Page 5 of 6 E. STAFF REPORT AND OTHER BUSINESS: Mitch Nickolds, Inspection Services Manager, advised the Code Board that in July more notices have been issued than in any previous months. This means that the August case load is going to be even larger. Most of the violations will be for dog licensing and business licensing. They will also most likely be in September. In October, regular nuisance abatement and code enforcement will be back on track. F. ADJOURNMENT There being no further business before the Pasco Code Enforcement Board, the meeting was adjourned by Chairperson Gottschalk at 7:57 p.m. r'W -4 WX Mitch Nickolds, Secretary MN /ks 07112013 CEB Minutes Page 6 of 6