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HomeMy WebLinkAbout09052013 Code Enforcement Board Minutes 09052013 CEB Minutes Page 1 of 3 CODE ENFORCEMENT MINUTES MEETING OF SEPTEMBER 5, 2013 A. CALL TO ORDER Chairperson Speer called the regular meeting of the Code Enforcement Board to order at 7:00 p.m. B. ROLL CALL a. Board Members MEMBERS PRESENT Mary Gutierrez MEMBERS ABSENT Daniel Gottschalk Dwayne Speer Dennis Duncan Don Cooper C. ADOPTION OF MINUTES: Board Member Cooper moved, seconded by Board Member Gutierrez, that the minutes of the August 1, 2013 meeting be approved as mailed. The motion carried unanimously. D. DETERMINATION HEARINGS: Chairperson Speer 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 Speer 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. Haworth, Anthony James case number CEB2013-1120 for the property located at 5804 Taft Drive Mr. Nickolds, Inspection Services Manager, read the case facts into the record. Mr. Nickolds indicated that the cited violation on this property was Pasco Municipal Code (PMC) 8.02.190 – Dog license(s) not renewed. This is a second repeat violation of that code. The property at 5804 Taft Drive was inspected on March 1, 2013 for violations of the Pasco Municipal Code. The violation observed was failing to renew the dog license. Previous notices were sent out on June 1, 2011, CEB2011-2092 and on June 1, 2013, CEB2012-2580 for one or 09052013 CEB Minutes Page 2 of 3 more of the cited violations. The second offense notice of violation was issued on July 12, 213 via certified mail. The property owner was legally noticed on July 17, 2013 of the conditions believed to be a second offense violation of the Pasco Municipal Code. Based on the final inspection of the property the property is still in violation and the dogs have not been licensed as required and the property is not in compliance at this time. The City recommended that Anthony James Haworth and Christina H. Haworth shall pay $100 for a second offense penalty and be given 10 days to correct any remaining violations or pay a penalty of $100 per day for 10 days. Christina Haworth, 5804 Taft Drive, spoke on behalf of this case. CODE BOARD DECISION: Chairperson 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 Duncan further moved, seconded by Chairperson Cooper, that a penalty of $100 and $100 per day for 10 days if not correct in 10 days be imposed for second offense penalty but be held in abeyance for 12 months. If no other violations occur the penalty will be dropped. The motion carried unanimously. ii. City of Pasco vs. Acker, Bill, dba Bill Acker Asphalt, case number CEB2013-2855, for the property located at 1803 W Court Street Mr. Nickolds, Inspection Services Manager, read the case facts into the record Mr. Nickolds indicated that the cited violations on this property were Pasco Municipal Code (PMC) 16.05.030 – Installing any impervious surface improvement upon private property within the City of Pasco without first obtaining a building permit authorizing such improvement and PMC 5.04.057(a) – Applicant/license has failed to ascertain and comply with all laws and regulations applicable to his/her/their licensed business. A correction notice was issued to the contractor on the site and a stop work order was posted on the property. A re- inspection of the property on July 18, 2013 revealed that it was still in violation of the Pasco Municipal Code and a notice of civil violation was issued on July 24, 2013 via certified mail. The business owner was legally notified on July 27, 2013 of the conditions believed to be in violation of the PMC. Based on a final inspection of the property completed on September 5, 2013 the property is not in compliance with the Pasco Municipal Code and the respondent has not secured the building permit and neither has the property owner. The City recommended giving the respondent 10 days to abate the violations or pay a daily penalty of one hundred dollars per day for 10 days. If compliance not achieved in the given timeframe, Pasco City Council may initiate proceedings to revoke the Pasco Business License for Bill Acker d.b.a. Bill Acker Asphalt and any affiliates thereof. Bill Acker or Bill Acker Asphalt, 725 N. spoke on behalf of this case. CODE BOARD DECISION: Board Member Cooper 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. 09052013 CEB Minutes Page 3 of 3 Board Member Duncan further moved, seconded by Board Member Gutierrez, that the respondent be given 60 days to come into compliance with a $100 penalty per day for 10 days if compliance is not met by the end of the 60 days. The motion carried unanimously. c. Amendments d. Dismissals e. Motion Board Member Duncan made a motion to approving Resolution No. 2013-008 as amended, Chairperson 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 Speer at 7:55 p.m. _______________________________ Mitch Nickolds, Secretary MN/ks