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HomeMy WebLinkAbout12052013 Code Enforcement Board PacketMEMORANDUM DATE: November 27, 2013 TO: Code Enforcement Board FROM: Mitch Nickol O Inspection Services Manager Community & Economic Development SUBJECT: CEB Determination Hearing December 05, 2013 Distribution • Cooper • Duncan • Gottschalk • Speer M Gutierrez I am writing to confirm that the Code Enforcement Board will meet December 05, 2013 at 7:00 p.m., in Pasco City Council chambers. Please find attached the following: (1) An agenda for December 05, 2013; (2) Minutes of the previous CEB meeting; (3) Code Enforcement Activity Reports for October. If you have any questions, please call (509) 543 -5743. MN 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 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 December 05, 2013 at 7:00 pm A. CALL TO ORDER B. ROLL CALL a. Board Members Present C. ADOPTION OF MINUTES D. HEARINGS a. Administration of Oaths b. Hearings Scheduled CEB2013 -2863 1720 W BONNEVILLE ST - TIMOTHY J & CHERYL A (SR) ORSBORN, owner Debbie Scott, Code Enforcement Officer Description: VEHICLES PARKED /STORED 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: DILAPIDATED FENCING IN THE 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. REPEAT- -WEEDS IN THE REAR OF THIS PROPERTY AND ALLEY WAY. PMC 9.60.030 (16) (1) Violation: Weeds, noxious weeds, grass, and other vegetation which constitutes a fire hazard, encroaches on sidewalks or neighboring properties, is damaging public improvements, impairs the vision of traffic signs or signals, and; or has reached a height of twelve inches (12 "). (2) Corrective Action: Eradicate weeds by chemicals, cutting or other acceptable means so that they do not exceed twelve inches (12 "), encroach on neighboring properties, constitute a fire hazard, etc. Weeds that are cut or removed by the root must be removed from the property and lawfully disposed of Description: REAR OF PROPERTY BEING USED AS A JUNK YARD FOR DISPOSING OF HOUSEHOLD APPLIANCES, BOXES, BUCKETS, GARBAGE BAGS, WOOD DEBRIS, MEATAL DEBRIS AND OTHER MISCELLANEOUS DEBRIS. 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 CEB Agenda Page 1 of 4 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: AUTOMOBILE BODIES AND PARTS IN THE REAR OF THIS PROPERTY. 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. CEB2013 -3361 407 W SHOSHONE ST - DALE & MINNIE PESINA, owner Debbie Scott, Code Enforcement Officer Description: EXPIRED PERMIT 4B06 -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 WITHA UTOMOBILE BODIES, PARTS, TRASH, DEBRIS ENDANGERING THE HEALTHAND 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. Description: BACK YARD SMELLS LIKE SOMETHING DIED INIT. PMC 9. 60.020 (2) (1) Violation: Any action or inaction which unreasonably offends the senses. CE13 Agenda Page I of (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) (I) 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 ASA JUNKYARD. PMC 9.60.030 (12) automobiles, (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 wom -out, wrecked or abandoned 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. c. Amendments d. Dismissals CGB Agenda Page I of 4 e. Motion E. STAFF REPORT AND OTHER BUSINESS F. ADJOURNMENT CEB Agenda Page I of CODE ENFORCEMENT MINUTES MEETING OF NOVEMBER 7, 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 Don Cooper Mary Gutierrez Dwayne Speer Dennis Duncan C. ADOPTION OF MINUTES: Board Member Duncan moved, seconded by Board Member Gutierrez, that the minutes of the October 3, 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. L Mr. Nickolds, Inspection Services Manager, read the case facts into the record. Mr. Nickolds explained that this case had been continued to give Mr. Rodriguez time to address some concerns with the payment. Mr. Nickolds indicated that the cited violation on this property was Pasco Municipal Code (PMC) 9.60.030(l 1) — Damaged and unsupported wall sections. There were conditions observed on the property requiring summary abatement by the City of Pasco due to an imminent threat of public health, safety or welfare on the environment. Mr. Nickolds described 11072013 CEB Minutes Page 1 of 3 the conditions in which needed to be abated by the City and the abatement costs which were to be reimbursed. The City recommended giving the respondent an additional 10 days to abate the violation or pay a daily penalty of one hundred dollars per day for 10 days. Octavio Rodriguez, 1399 Belmont Blvd, West Richland, WA, spoke on behalf of this case. CODE BOARD DECISION: Board Member Speer moved, seconded by Board Member Duncan that the actions taken by the City were appropriate and timely. The motion carried unanimously. Board Member Speer further moved, seconded by Board Member Duncan, that Mr. Rodriguez be given 120 days to pay the invoice from the City for $29,224.30 or pay a penalty of $100 per day for 10 days if not paid by 120 days. The motion carried unanimously. H. City of Pasco vs. Aguilar, Melesio, case number CEB2013 -3380 for the property located at 1432 W. Clark Street 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) 6.04.090 — Failure to maintain required garbage service. Ms. Scott stated that she received an email on September 12, 2013 from Basin Disposal stating that the property located at this address did not obtain required garbage service. This violation was confirmed and determined to be a repeat violation of the Pasco Municipal Code. A previous notice was sent on March 1, 2012, case number CEB2012 -0317 for failure to maintain required garbage service. Service was restored and this case was closed. A repeat notice of civil violation was issued on September 17, 2013 via certified mail. The property owner was legally notified on September 18, 2013. Ms. Scott stated that the property is in compliance at this time; garbage service was restored. The City recommended a repeat penalty of $200 be imposed. Melesio Aguilar, 1432 W. Clark Street, spoke on behalf of this case. 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 $200 be imposed but held in abeyance for 12 months. The motion carried unanimously. c. Amendments None d. Dismissals None 11072013 CEB Minutes Page 2 of 3 e. Motion Board Member Speer made a motion to approving Resolution No. 2013 -010 as amended, Chairperson Duncan seconded. The motion carried unanimously. E. STAFF REPORT AND OTHER BUSINESS: Mitch Nickolds, Inspection Services Manager, asked the Code Board to move the Thursday, January 2, 2014 meeting to Thursday, January 9, 2014 at 7:00 p.m. The motion carried unanimously. F. ADJOURNMENT There being no further business before the Pasco Code Enforcement Board, the meeting was adjourned by Chairperson Gottschalk at 7:36 p.m. I / /II1n1yI /1fl1I A e Y Mitch Nickolds, Secretary MN /ks 11072013 CEB Minutes Page 3 of') MEMORANDUM November 18, 2013 TO: Rick White, Director, Community & Economic Development FROM: Mitch Nickojds ^l �tion Services Manager SUBJECT: Code Enforcement Activity Reports Reports for the Month of October, 2013 Please find attached copies of the Code Enforcement Activity Reports for the month of October: (1) CEB Resolution, October 3 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 October, 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 October 31, 5,344 dwelling units have been licensed or certified as non - rentals. This is over 84% of the estimated total. October Code Enforcement/ Rental License Program Highlights In October, the City Attorney was asked to initiate formal legal action against the owners of a residential property occupied by an unlicensed contractor and inundated with stored equipment. The owners and occupants of the property have ignored two previous CEB abatement orders and failed to pay the daily monetary penalties. The City will ask the Court to order the removal of all equipment and the unlicensed business and payment of the CEB penalties, and to impose a fine and hold the owners in contempt if they fail to comply. The November report will be submitted on December 10, 2013. If you have any questions during the interim, please call. 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