HomeMy WebLinkAbout11072013 Code Enforcement Board MinutesCODE 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.
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
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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.
ii. City of
Nickolds, Inspection Services
Pasco
vs.
AL+Uilar,
read
Melesio,
The motion carried unanimously.
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.
The motion carried unanimously.
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
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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.
Mitch Nickolds, Secretary
MN /ks
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