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HomeMy WebLinkAbout10032013 Code Enforcement Board MinutesCODE 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 (1313 -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. Anew 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. hi 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. 86' 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 I'._fi 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. tch Nic olds, Secretary MN/ks 10032013 CEB Minutes Page 5 of 5