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HomeMy WebLinkAbout12052013 Code Enforcement Board Minutes 12052013 CEB Minutes Page 1 of 5 CODE ENFORCEMENT MINUTES MEETING OF DECEMBER 5, 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 Daniel Gottschalk Mary Gutierrez MEMBERS ABSENT Dwayne Speer Dennis Duncan Don Cooper C. ADOPTION OF MINUTES: Board Member Duncan moved, seconded by Board Member Gutierrez, that the minutes of the November 7, 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. i. City of Pasco vs. Brown, CA & Leda, case number CEB2013-2795, for the property located at 631 S Waldemar Avenue Mr. Nickolds, Inspection Services Manager, called Code Enforcement Officer, Debbie Scott, to read the case facts into the record. Ms. Scott indicated that the cited violation on this property was IMPC 304.13 – Back door not an exterior door and is deteriorated, IMPC 304.13.1 – Multiple broken or cracked windows throughout the property, IMPC 504.1 – Bathroom drains clogged/blocked and sewer is coming up in the bathtub, IMPC 504.3 – Toilet is not secured to the floor with two bolts as required, 12052013 CEB Minutes Page 2 of 5 PMC 13A.52.110 – Need a permit to connect this property to the City of Pasco sewer, PMC 25.78.030(4) – Parking on an unapproved surface, PMC 9.60.030(11) – Front porch and rear storage area have ceiling falling down, PMC 9.60.030(5) – Open cesspool pit on north side of property and vault in yard on the front of this property. At this time, all violations have been resolved other than the broken windows and securing the toilet in the back bathroom. On June 24, 2013 a complaint was received about sewer drains being backed up at this residence. A correction notice was sent on July 2, 2013 and the problem was worked on but not corrected. A plumber was called but he could not remedy the problem due to issues with the cesspool and holding tanks. The owner continued to communicate with City staff to try and fix the issues by vacating the structure. A rental inspection was requested by the renter’s and was done on July 22, 2013 which resulted in the issuance of a corrected repeat notice of civil violation which was sent to the property owner. The violations listed above were observed and were determined to be repeat violations of the Pasco Municipal Code. A previous notice was sent on October 16, 2011, case number CEB2011-3205 for a rental inspection resulting from a renter complaint which mirrored most of the same violations listed above. The property was vacated on November 7, 2011. The owner was told to keep the property vacant until another passing inspection was completed. A final inspection was done on February 8, 2012 and the case was closed. On March 14, 2013 a notice of civil violation was sent for case number CEB2013-0343 for a required biennial rental inspection. A certified notice was delivered on March 20, 2013. No contact or inspection was scheduled by the owner of this property. This case went to the code board on April 11, 2013 and penalties were assessed. A repeat notice of civil violation was issued on July 22, 2013 via certified mail. The property owners were legally notified on July 25, 2013 of the conditions believed to be a repeat violation of the Pasco Municipal Code. Based on the final inspection of the property completed on December 3, 2013 the property is now in compliance with two minor corrections to be completed at this time. The City recommended a repeat penalty of $200 be imposed. CW Brown, 631 S. Waldemar, spoke on behalf of this case. CODE BOARD DECISION: Board Member Speer moved, seconded by Board Member Cooper that the actions taken by the City were appropriate and timely. The motion carried unanimously. Board Member Duncan further moved, seconded by Board Member Cooper, that a repeat penalty of $200 be imposed and held in abeyance for 12 months. The motion carried unanimously. ii. City of Pasco vs. Franklin Building in Pasco LLC, case number CEB2013-3357, for the property located at 402 W Lewis Street Mr. Nickolds, Inspection Services Manager, asked Lloyd Coughlin, Cross Connection Specialist, to read the case facts into the record. Mr. Coughlin indicated that the cited violation on this property was Pasco Municipal Code (PMC) 13.16.020(b)(c) – Failure to maintain an approved backflow prevention assembly. The property owner was sent an annual notice for the test and the test reports were not received. Several attempts to contact the owner were made and on September 6, 2013 a second repeat 12052013 CEB Minutes Page 3 of 5 violation was sent which was received by certified mail on September 10, 2013. This is a second offense repeat violation. At this time, the property is believed to be in compliance. The City recommended a repeat penalty of $400 be imposed. Carl Holder, 402 W Lewis Street, 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. Board Member Speer further moved, seconded by Board Member Cooper, that a repeat penalty of $400 be imposed. The motion carried unanimously. iii. City of Pasco vs. Pesina, Dale, case number CEB2013-3361, for the property located at 407 W Shoshone Street Mr. Nickolds, Inspection Services Manager, asked Debbie 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) 16.04.010 – Expired permit #B06-0587 for handicap ramp in front yard, PMC 25.78.030(4) – Vehicles in rear yard parked on unapproved surface, PMC 5.78.010 – Repeat: No rental license on file, renter is not related to owner, PMC 9.60.020(1) – Rear yard littered with automobile bodies, parts, trash, debris endangering the health and safety of others, PMC 9.60.020(2) – Back yard smells bad, PMC 9.60.030(10) – Large quantity of trash, litter and debris in rear yard, PMC 9.60.030(11) – Dilapidated fencing in rear of this property, PMC 9.60(12) – Rear yard being maintained as a junkyard, PMC 9.60.030(6) – Filthy, Littered trash covered rear yard and PMC 9.60.030(9) – Vehicle parts, vehicle bodies and scrap metal in rear yard. Ms. Scott stated that on September 8, 2013 she received an email complaint from the Department of Social & Health Services in which they stated they had visited the property to do a welfare check for a child at this location. They observed trash in the rear yard, a bad smell from the rear yard, lots of metal objects and car parts which they believe to be a hazard to the children living there. They stated the entrance to the basement rental unit is in the backyard and is just a wood shutter, not an exterior door. Ms. Scott stated that she investigated and confirmed some of the violations and on September 9, 2013 a repeat notice of civil violation was issued. A phone call was made to Patricia Pesina, Dale Pesina’s daughter, to speak to her about the violations. On November 27, 2013 another call came in about this location. The caller worked for Child Protective Services and stated that there were two adults renting a single room in the basement for $250 per month and a family of eight (five children) renting out the other two rooms for $450 per month. There was also a man upstairs renting out a room and he wanted them to know that the conditions were bad. He advised her that there were cockroaches and bugs from all of the trash and was moving out. Ms. Scott stated that she called Patricia Pesina on November 27, 2013 and advised her I would need to do an inspection of the basement for habitability issues. She arranged for an inspection for December 2, 2013 at 3:30 p.m. At that time, Ms. Scott met with the Pesina Family and did an inspection of the basement that at the time was no longer occupied. They had evicted everyone from the home within 6 days. A previous correction notice was sent on March 8, 2011, case number CEB2011-0377, for some 12052013 CEB Minutes Page 4 of 5 of the same violations noted in the current notice. Contact with the family resulted in the case being put in compliance on December 31, 2012 and the case was closed on January 23, 2013. Catholic Family Services was involved with the cleanup of this property. On May 5, 2013 a complaint came in about this property being used as a rental rooming house. A correction notice was issued, CEB2013-1682, and sent for failure to obtain a rental license and habitability inspection for this location. The owner came into City Hall to sign a Non-Rental Certification stating the house was owner-occupied and the case was closed. A repeat notice of civil violation was issued on September 9, 2013 via certified mail. The property owner was legally notified on September 24, 2013 of the conditions believed to be repeat violations of the Pasco Municipal Code. Based on the final inspection of the property completed on December 2, 2013 the property is not in compliance at this time. The City recommended the respondent be given an additional sixty (60) days to abate the violations(s), with extension for work in progress for up to one hundred and twenty (120) days, or pay a daily penalty of one hundred dollars ($100) per day for 10 days and to impose a repeat penalty of two hundred dollars ($200). Dale and Patricia Pesina, 407 W Shoshone Street, spoke on behalf of this case. CODE BOARD DECISION: Board Member Duncan moved, seconded by Board Member Gutierrez 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 the property owner be given 60 days to correct any remaining violations on the property with extensions to fix work in progress for up to 120 days or pay a penalty of $100 per day for 10 days, and that a repeat penalty of $200 be imposed and held in abeyance for 12 months. One inspection per month must be completed for consideration of extensions. The motion carried unanimously. iv. City of Pasco vs. Castilleja, Ramiro, case number CEB2013-3446, for the property located at 2120 N 4th Avenue Mr. Nickolds, Inspection Services Manager, asked Debbie 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 November 4, 2013 from Basin Disposal stating this property had garbage service stopped for non-pay on October 30, 2013. This is a violation of the Pasco Municipal Code and was determined to be a fourth repeat violation. On December 5, 2011 a repeat notice of civil violation was sent for case number CEB2011-3496, Failure to maintain required garbage service. This service went to the Code Board on January 5, 2012 and penalties were assessed. A second repeat notice of civil violation was sent on July 12, 2012, case number, CEB2012- 2767 for failure to maintain required garbage service. This case went to the board on September 6, 2012. On May 15, 2013 a third repeat notice of civil violation was sent for case number, CEB2013-2726 for failure to maintain required garbage service. This case went to the board on June 6, 2013 and was held in abeyance for one year pending no further violations of the same or similar occur at this location. A fourth repeat notice of civil violation was issued on November 4, 2013 via certified mail. The property owner was legally notified on November 5, 2013 of the conditions believed to be a fourth repeat violation of the Pasco Municipal Code. 12052013 CEB Minutes Page 5 of 5 Based on an email from Basin Disposal on December 4, 2013 the property is now in compliance. The City recommended an immediate monetary penalty of $600 for the violation previously held in abeyance and pay $800 for a fourth repeat penalty. Ramiro Castilleja, 2120 N 4th Avenue, spoke on behalf of this case. CODE BOARD DECISION: Board Member Duncan moved, seconded by Board Member Gutierrez 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 an immediate monetary penalty of $600 for the third violation previously held in abeyance and an additional $800 be imposed for a fourth repeat violation. The motion carried three to two with Board Member Gutierrez and Chairperson Gottschalk dissenting. c. Amendments i. City of Pasco vs. Osborn, Timothy & Cheryl, case number CEB2013-2863, for the property located at 1720 W Bonneville Street This case was placed on the resolution. d. Dismissals None e. Motion Board Member Duncan made a motion to approving Resolution No. 2013-012 as amended, Board Member Cooper seconded. The motion carried unanimously. E. STAFF REPORT AND OTHER BUSINESS: Mitch Nickolds, Inspection Services Manager, briefed the Board Members on commercial development currently underway in the City of Pasco. F. ADJOURNMENT There being no further business before the Pasco Code Enforcement Board, the meeting was adjourned by Chairperson Gottschalk at 8:15 p.m. _______________________________ Mitch Nickolds, Secretary MN/ks