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HomeMy WebLinkAbout11072013 Code Enforcement Board PacketMEMORANDUM DATE: October 31, 2013 Distribution D Cooper TO: Code Enforcement Board D Duncan D Gottschalk FROM: Mit CBO D Speer Inspection Services Manager M Gutierrez Community & Economic Development SUBJECT: CEB Determination Hearing November 07, 2013 I am writing to confirm that the Code Enforcement Board will meet November 07, 2013 at 7:00 p.m., in Pasco City Council chambers. Please fmd attached the following: (1) An agenda for November 07, 2013; (2) Minutes of the previous CEB meeting; (3) Code Enforcement Activity Reports for September. If you have any questions, please call (509) 543 -5743. II,/TI I 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 November 07, 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 CEB2013 -3361 407 W SHOSHONE ST - DALE & MINNIE PESINA, owner Debbie Scott, Code Enforcement Officer Description: EXPIRED PERMIT #B06 -0587 FOR HANDICAP RAMP IN FRONT YARD. PMC 16.04. 010 (1) Violation: Failure to secure a City of Pasco building permit. (2) Corrective Action: Discontinue all construction activities and submit an application for a building permit from the City of Pasco (please call (509) 543 -5726 for information on permit requirements). If no permit can be obtained, unpermitted construction must be removed. Description: VEHICLES IN REAR YARD PARKED ON UNAPPROVED SURFACE. PMC 25.78.030 (4) (1) Violation: Vehicles are being parked on an unapproved surface (such as dirt or grass) . (2) Corrective Action: Park ALL vehicles on an approved surface such as asphalt, gravel or concrete. Description: REPEAT: NO RENTAL LICENSE ON FILE, RENTER IS NOT RELATED TO OWNER. PMC 5.78.010 (1) Violation: BASEMENT IS BEING RENTED OUT. A City of Pasco rental license is required for all rental dwelling unit(s). (2) Corrective Action: Obtain a City of Pasco rental license from the City Clerk's office (please call (509) 545 -3402 for more information or obtain a license application online at http: / /pasco- wa.gov /RentalApp). Description: REAR YARD LITTERED WITHAUTOMOBHE BODIES, PARTS, TRASH, DEBRIS ENDANGERING THE HEALTH AND SAFETY OF OTHERS. PMC 9.60.020 (1) (1) Violation: Any action or inaction which unreasonably annoying injuring or endangering the comfort, repose, health or safety of others. (2) Corrective Action: Discontinue any act which violates the provisions of this ordinance. CEB Agenda Page I of 3 Description: BACK YARD SMELLS LIKE SOMETHING DIED IN IT. PMC 9.60.020 (2) (1) Violation: Any action or inaction which unreasonably offends the senses. (2) Corrective Action: Discontinue any act which violates the provisions of this ordinance. Description: LARGE QUANTITY OF TRASH, LITTER & DEBRIS IN REAR YARD. PMC 9.60.030 (10) (1) Violation: Trash, litter, rags, accumulations of empty barrels, boxes, crates, packing cases, mattresses, bedding, excelsior, packing hay, straw, or other packing material; lumber or scrap metal not neatly piled or anything which may be a fire danger. (2) Corrective Action: Remove and lawfully dispose of all trash, litter, and other debris which is not neatly piled and /or which is a fire danger. Description: DILAPIDATED FENCING IN REAR OF THIS 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. Description: REAR YARD BEING MAINTAINED AS A JUNKYARD. PMC 9.60.030 (12) (1) Violation: All places used or maintained as junkyards, or dumping grounds, or for the wrecking or disassembling of automobiles, trucks, tractors, or machinery of any kind, or for the storing or leaving of worn-out, wrecked or abandoned automobiles, trucks, tractors, or machinery of any kind, or of any of the parts thereof, or for the storing or leaving of any machinery or equipment used by contractors or builders or by other persons. (2) Corrective Action: Discontinue wrecking or disassembling automobiles, trucks, etc. Remove and lawfully dispose of all wrecked or abandoned vehicles, machinery, etc. along with any parts thereof: Discontinue the storage of heavy machinery or equipment (i.e. front end loaders, dump trucks, backhoes, etc.) at this property. Description: FILTHY, LITTERED, TRASH COVERED REAR YARD. PMC 9.60.030 (6) (1) Violation: Any parcel within the City which is filthy, littered or trash - covered due to placing, dropping, disposing, throwing away, or otherwise discarding litter, garbage, refuse, cans, bottles, paper or paper material, metal, organic or inorganic material on areas of the property other than approved garbage containers. (2) Corrective Action: Remove and lawfully dispose of all litter, garbage, junk or vegetative waste on the property. Description: VEHICLE PARTS, BODIES AND SCRAP METAL IN REAR YARD. PMC 9.60.030 (9) (1) Violation: Scrap metal, ashes, bric-a-brac, broken stone or cement, broken crockery, broken glass, broken plaster, automobile bodies and /or parts, and all such trash or abandoned material that are not kept in approved containers. (2) Corrective Action: Remove all vehicle parts, scrap metal, machinery, disassembled vehicles, etc. from the property or store these items in an enclosed container or building. Remove and lawfully dispose of all junk items (e.g. any items or which have served their intended original purpose) and unusable vehicle parts. CEB Agenda Page 2 of 3 CEB2013 -3380 1432 W CLARK ST - MELESIO C AGUILAR, owner Debbie Scott, Code Enforcement Officer Description: FAILURE TO MAINTAIN REQUIRED 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). Amendments Dismissals Motion E. STAFF REPORT AND OTHER BUSINESS F. ADJOURNMENT CEB Agenda Page 3 of 3 CODE ENFORCEMENT MINUTES MEETING OF OCTOBER 3, 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 Mary Gutierrez Dwayne Speer Dennis Duncan Don Cooper C. ADOPTION OF MINUTES: Board Member Duncan moved, seconded by Board Member Cooper, that the minutes of the September 5, 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. City of Pasco vs. Shreeve, Bryce, case number CEB2013 -2871 for the property located at 10827 W. Court Street Mr. Nickolds, Inspection Services Manager, called Debra 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) 9.60.030 (11) — Permit to finish basement remodel (B 13 -0127) has become abandoned and cannot be renewed or extended (REPEAT). A violation was observed on July 31, 2013 after a review of the building permit database and was determined to be a repeat violation of the Pasco 10032013 CEB Minutes Page 1 of 5 Municipal Code. On August 24, 2011 a correction notice was sent to Mr. Shreeve for case number CEB2011 -2766 for an expired permit B10 -0168 on the basement remodel at this location. The permit was renewed and issued on September 20, 2011 and the case was closed. On January 6, 2013 another correction notice was sent for case number CEB2013 -0008 for an expired permit B10 -0168 on the basement remodel at this location. A new permit B13 -0127 was issued on January 17, 2013 and this case was closed. A repeat notice of civil violation was issued on August 2, 2013 which was returned to the City. However, the property owner called and scheduled his appearance at this meeting and by appearance proves legal notice. After final inspection of the property completed on August 30, 2013 the property is in compliance in this time. A new permit B13 -1702 was issued on August 30, 2013. The City recommended the respondent pay $200 for a repeat penalty. Bryce Shreeve, 10827 W. Court Street, spoke on behalf of this case. 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 Speer further moved, seconded by Board Member Cooper, that a repeat penalty of $200 be imposed. The motion carried unanimously. ii. City of Pasco vs. Mata. Clara, case number CEB2013 -2928 for the property located at 939 N. Douglas Avenue Mr. Nickolds, Inspection Services Manager, asked Debra 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 — Unlicensed dog observed during 2013 canvassing. The property was canvassed and found to have a dog and was not license by March 1, 2013. It was determined to be a second offense violation of the Pasco Municipal Code. A previous correction notice was sent on May 28, 2011 for case number CEB2011 -2344 to license the dog found in the 2011 canvass at this location. No contact from the owner and no license at this location. The case was closed with notes of no contact. In 2012 a correction notice was sent on June 1, 2012, case number CEB2012 -2506 to license a dog found during the 2012 canvass. Per a phone call on June 25, 2012 for this case they stated that they did not have a dog, a note was made to the file and the case was closed. A second offense notice of civil violation was issue don August 26, 2013 via certified mail. The property was legally notified on August 28, 2013. Based on a final inspection of the property which was completed on October 2, 2013 the property is believed to be in compliance at this time. The dog was licensed on September 10, 2013. The City recommended a second offense penalty of $100 be imposed. Clara Mata, Arani Diaz and Audrey Sandoval, 939 N. Douglas Avenue, spoke on behalf of this case. CODE BOARD DECISION: Board Member Duncan 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. 10032013 CEB Minutes Page 2 of 5 iii. Board Member Speer further moved, seconded by Board Member Cooper, that the respondent pay an immediate penalty of $50 and an additional penalty of $50 be held in abeyance for one year. The motion carried unanimously. Mr. Nickolds, Inspection Services Manager, asked Debra Scott, Code Enforcement Officer, to read the case facts into the record. Ms. Scott indicated that the cited violations on this property were IPMC 108.1.4 — Possible occupation of the garage as habitable living space and PMC 25.28.020 (1) — Property is zoned R -1 for single family units only, but has a recognized nonconforming duplex (2 units) on site. The property was inspected on July 16, 2013 for violations of the Pasco Municipal Code. Violations were observed and were determined to be repeat violations. A previous notice was sent on October 4, 2012, case number CEB2012 -3434 and on November 28, 2012 Jose Rodrigo Garcia agreed to sign a voluntary correction agreement to: (1) Remove all improvements to the structure and return it to its original use which was a detached garage or storage and (2) Any unpermitted occupancy must cease. The structure must be vacated no later than December 10, 2012. Verification of vacancy must be scheduled and done prior to or on December 10, 2012. Mr. Rodrigo Garcia asked for and was given an extension of time for completion of the voluntary correction agreement on April 30, 2013 by Rick White, Director of Community & Economic Development. Mr. Rodrigo Garcia failed to schedule the required inspection and the City of Pasco could not verify compliance with the voluntary correction agreement after April 30, 2013. A demand for payment was sent and a penalty was imposed. A repeat notice of civil violation was issued on July 16, 2013 via certified mail. The property owner was legally notified on July 19, 2013 of the conditions believed to be a repeat violation of the Pasco Municipal Code; (1) Allowing a structure to be occupied contrary to law and (2) The garage in this zone has never been permitted to be converted or used as dwelling living space, allowing multiple dwelling units on the property in an R -1 zone. Single- family dwelling units are the only units allowed in this zone. Based on failure of the property owner to schedule an inspection to verify that the garage had been vacated and all unpermitted alterations had been removed, including sinks, bathrooms and kitchens and the garage restored to its original use by October 2, 2013. The property is not in compliance at this time. The City recommended a repeat penalty of $200 be imposed with 10 days to correct any remaining violations or pay a penalty of $100 per day for 10 days. Jose Rodrigo Garcia and John Ziobro, 307 N. 8"' Avenue, spoke on behalf of this case. This case was continued to allow for City Staff to review the material presented by Mr. Ziobro and to allow time for the property owner to look further into his options. CODE BOARD DECISION: Board Member Duncan moved, seconded by Board Member Gutierrez that the case be continued. The motion carried unanimously. c. Old Business iv. City of Pasco vs. Acker. Bill d.b.a. Bill Acker Asphalt case number CEB2013 -2855 for the property located at 1803 W. Court Street 10032013 CEB Minutes Page 3 of 5 Mitch Nickolds, Inspection Services Manager, read the case facts into the record. Mr. Nickolds explained that this case was heard at the previous month's hearing. During that hearing, Mr. Acker appeared and discussed a number of points he felt the City had an opportunity to stop the job sooner; he had also attempted to get a permit and was unable to get a permit for the job and he brought up the concept of the expense of the project and the City's requirements for development of the site to deal with storm drainage. Along those lines the board brought up the question of whether or not there was an opportunity to speak with the property owner. Since the City had issued the notice to Mr. Acker instead of the property owner, staff had not asked the property owner to appear on behalf of Mr. Acker or the City. In this particular case, the property owner has asked to be heard to discuss the case in front of the board. There was no determination scheduled for this meeting, just information only. Carolyn Jacamo, 1803 W. Court Street, spoke on behalf of the property and there was discussion between her and the Board. Bill Acker, the contractor, spoke on behalf of the property. d. Amendments i. City of Pasco vs. Aguilar, Melesio, case number CEB2013 -3380 for the property located at 1432 W. Clark Street This case has been continued. ii. City of Pasco vs. Rodriguez. Octavio, case number CEB2013 -2939 for the property located at 1432 W. Clark Street This case has been continued. e. Dismissals L City of Pasco vs. Weese, Arlie & Virginia, case number CEB2013 -2903 for the property located at 712 E. B Street This case was moved to the resolution. ii. City of Pasco vs. Mi Tierra Real Estate Investments, case number CEB2013 -2904 for the property located at NKA Undeveloped Lot This case was moved to the resolution. f. Motion Board Member Speer made a motion to approving Resolution No. 2013 -010 as amended, Chairperson Duncan seconded. The motion carried unanimously. 10032013 CEB Minutes Page 4 of 5 E. STAFF REPORT AND OTHER BUSINESS: Rick White, Community & Economic Development Director, briefed the Code Board about the case heard regarding 18103 W. Court Street, CEB2013 -2855. He stated that the Jacamo's have come in and signed the Storm Water Agreement. The City Attorney will sign it and then they will have five years to install onsite drainage in conformance with State Laws. Their permit is also ready to be issued. F. ADJOURNMENT There being no further business before the Pasco Code Enforcement Board, the meeting was adjourned by Chairperson Gottschalk at 8:36 p.m. ijjkolzlo*o� Mitch Nic colds, Secretary MN/ks 10032013 CEB Minutes Page 5 of 5 MEMORANDUM October 23, 2013 TO: Rick White, Director, Community /& Economic Development FROM: Mitch Nickoyl£ ion Services Manager 0 SUBJECT: Code Enforcement Activity Reports Reports for the Month of September, 2013 Please find attached copies of the Code Enforcement Activity Reports for the month of September: (1) CEB Resolution, September 5, 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 September, 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 Page 2 (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 August 31, 5,341 dwelling units have been licensed or certified as non - rentals. This is over 84% of the estimated total. September Code Enforcement/ Rental License Program Highlights In September City code enforcement officers were advised of an unpermitted asphalt surfacing project underway in the gravel parking lot a local church. The City stopped the unpermitted work in progress and issued a correction notice to the unlicensed paving company, ordering the removal of the unpermitted asphalt. They refused, arguing they had a contract to pave the property with the church. The Pastor of the church advised the City that he was initially told the by the asphalt paving employees he did not want the parking lot paved. They started work however, insisting they wanted to donate the parking lot paving to the church. But, before the substandard and unpermitted paving was finished . they presented the church a bill for $11,700. When he called the Pasco Police department for assistance, the company reduced the bill to $7,000 dollars if he would pay them quickly. Due to the actions of the unscrupulous paving company the church has been is left with over 2,500 sq. ft. of unpermitted asphalt to remove, at their expense. The October report will be submitted on November 11, 2013. If you have any questions during the interim, please call. 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