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
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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.
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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
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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.
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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.
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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.
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WX
Mitch Nickolds, Secretary
MN /ks
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