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Home My WebLink About09052013 Code Enforcement Board PacketMEMORANDUM DATE: August 29, 2013 Distribution D Cooper TO: Code Enforcement Board D Duncan D Gottschalk FROM: Mitch Nick D Speer Inspection ervices Manager M Gutierrez Community & Economic Development SUBJECT: CEB Determination Hearing September 05, 2013 I am writing to confirm that the Code Enforcement Board will meet September 05, 2013 at 7:00 p.m., in Pasco City Council chambers. Please find attached the following: (1) An agenda for September 05, 2013; (2) Minutes of the previous CEB meeting; (3) Code Enforcement Activity Reports for July. If you have any questions, please call (509) 543 -5743. 0Q1 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 CODE ENFORCEMENT MINUTES MEETING OF AUGUST 1, 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 Don Cooper Dwayne Speer Mary Gutierrez Dennis Duncan C. ADOPTION OF MINUTES: Board Member Speer moved, seconded by Board Member Duncan, that the minutes of the July 11, 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. Flores, Juan A (JR) case number CEB2013 0535 for the Property located at 1732 W Yakima St 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. That status has been corrected. A review of the dog license renewal records on March 1, 2013 revealed that the property owner failed to license his two dogs prior to March 1, 2013 which was determined to be a second offense violation of the 08012013 CEB Minutes Page 1 of 6 H, Pasco Municipal Code. Previous notices were sent on May 28, 2011, case number CEB2011- 1729 and on June 1, 2012, case number CEB2012 -2523 for failure to license the dogs at this location. Both years the license was obtained and the cases were closed. A second notice of civil violation was issued on June 3, 2013. The property owner was legally notified on July 20, 2013 via process server of the violations believed to be a second offense violation of the code. Based on a review of the dog license database, the dog licenses were renewed on June 12, 2013 and the property is in compliance at this time. The City recommended that Juan Flores shall pay $45 to reimburse the City for the cost of personal service of the notice and to impose a second offense penalty of $100. Juan Flores, 1732 W Yakima 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 Duncan further moved, seconded by Board Member Speer, that a penalty of $45 be imposed to reimburse the City and $100 for the second offense penalty. The motion carried unanimously. 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 as of July 12, 2013. A review of the dog license renewal records on March 1, 2013 revealed that the property owner failed to license their dog which was determined to be a second offense violation of the Pasco Municipal Code. Previous notices were sent on April 26, 2011, case number CEB2011 -0884 and on May 1, 2012, case number CEB2012 -1091 for failure to license a dog at this location. Both years the license was obtained and the cases closed. A second offense notice of civil violation was issued on May 9, 2013 via certified mail. The property was legally notified on May 10, 2013 of the violations believed to be a second offense of the code. The City recommended that Gloria Garcia shall pay $100 for a second offense penalty. Esmeralda Garcia, 2116 N. 196' Avenue, spoke on behalf of the property owner and explained the circumstances. CODE BOARD DECISION: Board Member Duncan moved, seconded by Board Member Speer, 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 Speer, that a $100 penalty be imposed for a second offense violation. The motion carried unanimously. 08012013 CEB Minutes Page 2 of 6 iii. City of Pasco vs. Ritch. Stefanie, case number CEB2013 -0851 for the Property located at 4219 Marie Ct _ 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. It was corrected on July 10, 2013. A review of the dog licensing records on March 1, 2013 showed that the dog license had not been renewed at this property and was determined to be a second offense violation. Previous notices were issued on June 1, 2011, case number CEB2011 -1934 and on June 1, 2012, case CEB2012 -2551 both for dog license not renewed. A second offense notice of civil violation was issued on May 17, 2013 and delivered via certified mail on May 24, 2013 for the conditions believed to be second offense violations of the code. Based on the final inspection of the property completed on July 18, 2013 the property is now in compliance. The City recommended that Stefanie Ritch pay $100 for a second offense penalty. Stefanie Ritch, 4219 Marie Court, 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 tamed unanimously. Board Member Speer further moved, seconded by Board Member Duncan, that a penalty of $50 held in abeyance for 12 months and be dismissed if no additional violations occur within that 12 month period. The motion carried unanimously. iv. City of Pasco vs. Woehle. Melissa, case number CEB2013 -1043 for the nronerty located at 5207 Texada Ln 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. It was corrected on July 19, 2013. After a review of the dog license records on March 1, 2013 it revealed that the dog license had not been renewed at this location. Previous notices were sent on June 1, 2011, case number CEB2011 -2060 and on June 1, 2012, case number CEB2012 -2571 both for dog license not renewed. A second offense notice of civil violation was issued on May 23, 2013. The property owner was legally notified at the Pasco City Hall on July 19, 2013 for the conditions believed to be a second offense violation. Based on the final inspection of the property completed on July 23, 2013 the property is in compliance. The City recommended that Melissa Woehle shall pay $100 for a repeat penalty. Melissa Woehle, 5207 Texada Lane, spoke on behalf of this property and explained the circumstances. 08012013 CEB Minutes Page 3 of 6 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 Duncan, 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. V. City of Pasco vs. Abenth Keelan case number CE132013 1061 for the Property located at 5312 Montpelier Dr vi. Mr. Nickolds called Erin Spence, Code Enforcement Officer, to read the case facts into the record. Ms. Spence indicated that the cited violation on this property was Pasco Municipal Code (PMC) 8.02.190 — Dog license(s) not renewed. The status shows up as not corrected, however the property owner has brought in a receipt dated August 1, 2013, renewing the dog license. The property was inspected on March 1, 2013 for violations of the Pasco Municipal Code. Violations were observed after review of the dog records database and it was determined to be a second offense. Previous notices were issued on June 1, 2011, case number CEB2011 -2067 and on June 1, 2012, CEB2012 -2572 both for dog license not renewed. A second offense notice of civil violation was issued on June 20, 2013 via certified mail. The property owners were legally notified on July 1, 2013 of the conditions believed to be a second offense of the Pasco Municipal Code. The City recommended that Keelan Abenth shall pay $100 for a second offense penalty. Keelan Abenth, 5312 Montpelier Drive, 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 Duncan, 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. Mr. Nickolds called Erin Spence, Code Enforcement Officer, to read the case facts into the record. Ms. Spence 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 July 24, 2013. The property was inspected on March 1, 2013 for violations of the Pasco Municipal Code. Violations were determined to be a second offense. Previous notices were sent on July 9, 2010, CEB2010 -2261 and on April 15, 2011, rase number CEB2011 -0674 for dog license not renewed. A second offense notice of civil violation was issued on July 16, 2013 via 08012013 CEB Minutes Page 4 of 6 certified mail. The property owner was legally notified on July 20, 2013 of the conditions believed to be a second offense of the Pasco Municipal Code. Based on a final inspection of the property completed on July 31, 2013 the property is in compliance. The City recommended that Casey Byrne shall pay $100 for a second offense penalty. Casey Byrne, 9715 Balflour Drive, spoke on behalf of this property and explained the circumstances. CODE BOARD DECISION: Board Member Duncan moved, seconded by Board Member Speer, 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 Duncan, 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. c. Amendments i. City of Pasco vs. Perez. Jonathan & Duarte Tiffany, case number CEB2013 0237 for the Property located at 9416 Palomino Dr This case was continued. ii. City of Pasco vs. Ortiz, Maria & Isreal case number CEB2013 0982 for the property located at 4907 Mala2ra Dr This case was continued. iii. City of Pasco vs. Bolson, Cathrine, case number CEB2013 -1011 for the property located at 5020 W Irvine St This case was continued. iv. City of Pasco vs. Spaulding, Dell, case number CEB2013 -1134 for the Property located at 5916 Westminster Ln This case was continued. v. City of Pasco vs. Gillette, Richard & Sandra case number CEB2013 1317 for the Property located at 7903 Madeira Dr This case was continued. vi. City of Pasco vs. Doyle, Jackie, case number CEB2013 -1405 for the property located at S503 Hudson Ct This case was continued. 08012013 CEB Minutes Page 5 of 6 d. Dismissals e. Motion Board Member Duncan made a motion to approving Resolution No. 2013 -008 as amended, Board Member Speer seconded. The motion carried unanimously. E. STAFF REPORT AND OTHER BUSINESS: There was no further business. F. ADJOURNMENT There being no further business before the Pasco Code Enforcement Board, the meeting was adjourned by Chairperson Gottschalk at 7:53 p.m. W - A*/ Mitch Nickolds, Secretary MN/ks 08012013 CEB Minutes Page 6 of 6 Agenda for the Code Enforcement Board of the City of Pasco, Washington September 05, 2013 at 7:00 pm A. CALL TO ORDER B. ROLL CALL Board Members Present C. ADOPTION OF MINUTES D. HEARINGS Administration of Oaths Hearings Scheduled CEB2012 -3851 611 N 12TH AVE - JOSE & MAYRA ROMERO, owner Debbie Scott, Code Enforcement Officer Description: UNPEPMITTED ENCLOSURE OF CARPORT. PMC 16 04.010 (1) Violation: CARPORT WAS ENCLOSED AFTER PERMIT WAS DENIED. UNPERMITTED CONSTRUCTION. (2) Corrective Action: UNPERMITTED CONSTRUCTION MUST BE REMOVED AND CARPORT RESTORED TO ORIGINAL. (PICTURES ENCLOSED) CEB2013 -1120 5804 TAFT DR - ANTHONY JAMES (ETUX) HAWORTH, owner Erin Spence, 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 -1451 919 W PARK ST - DEBRA WILSON, 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 -2838 307 N 8TH AVE - JOSE RODRIGO GARCIA, owner Debbie Scott, Code Enforcement Officer Description: Possible occupation of the garage as habitable living space. IPMC 108.1.4 (I) Violation: Allowing a structure to be occupied contrary to law. (2) Corrective Action: CEB Agenda Page 1 of 2 Any unpermitted occupancy must cease and the structure must be vacated. Description: Garage converted to livingldwelling space. Property is zoned R -1 for single family units only, but has a recognized nonconforming duplex (2 units) on site. PMC 25.28.020 (1) (1) Violation: The garage in this zone has never been permitted to be converted or used as dwelling/living space. Allowing multiple dwelling units on your property in an RI Zone. (Single family homes are the only type of permitted dwellings in this zone). (2) Corrective Action: Garage cannot be used as living space. Remove all unpermitted alterations (including sinks, bathroom, kitchen, etc.) and restore the garage to its original use as a garage. Amendments Dismissals Motion E. STAFF REPORT AND OTHER BUSINESS F. ADJOURNMENT CEB Agenda Page 2 of 2 MEMORANDUM August 7, 2013 TO: Rick ector, Community & Economic Development FROM: Mitch Nickolds, Inspection Services Manager SUBJECT: Code Enforcement Activity Reports Reports for the Month of July 2013 Please find attached copies of the Code Enforcement Activity Reports for the month of July: (1) CEB Resolution, July 11, 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 Jules 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 (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 July 31, 5,319 dwelling units have been licensed or certified as non - rentals. This is over 83% of the estimated total. July Code Enforcement/Rental License Program Highlight In July, in response to 486 dog license violation notices issued in June by Pasco code enforcement officers, Pasco dog owners renewed 241 dog licenses (paying $7,890 in license and late fees) for 2013. In addition, at the July I Vh monthly hearings the Code Enforcement Board dismissed 202 corrected dog license violations, and imposed monetary penalties of up to $200 for each of 44 repeat offenders (dog owners who have repeatedly failed to renew their licenses 2 or 3 years in a row). The August report will be submitted on September 10, 2013. If you have any questions during the interim, please call. 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