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01092014 CEB Minutes
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CODE ENFORCEMENT MINUTES
MEETING OF JANUARY 9, 2014
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
Don Cooper
Dwayne Speer
Dennis Duncan
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. Brockway, Larry J (Etal), case number CEB2013-2505, for the
property located at 2505 N. Commercial Avenue
Mr. Nickolds, Inspection Services Manager, read the case facts into the record.
Mr. Nickolds indicated that the cited violations on this property were PMC 16.04.010 –
Building without a City of Pasco building permit, PMC 25.52.020 – Use of premises as
dwelling/residence, PMC 5.04.020 – Lack of required City of Pasco business license and PMC
5.04.057(C) – Failure to prohibit illegal activity on the premise, which was an unlicensed
marijuana production facility. The property was inspected on September 17, 2013 for
violations of the Pasco Municipal Code. Violations of the code were observed and a correction
01092014 CEB Minutes
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notice was issued on September 17, 2013. A re-inspection of the property revealed that it was
still in violation of the Pasco Municipal Code and a 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 in violation of the Pasco Municipal Code. Based on
review of relevant City of Pasco business license and building permit databases completed on
January 9, 2014, there are no records indicating required building permit and business license
being issued on the premises for Botany Unlimited Design and Supply LLC, Larry Brockway,
thus the property is not in compliance with the Pasco Municipal Code at this time.
The City of Pasco recommended that Larry Brockway and others to immediately vacate and
discontinue use and occupancy until all necessary repairs have been completed and final
inspection approval for re-occupancy has been granted by the Building Official and be given
thirty (30) days to correct the sited violation or pay a penalty of one hundred dollars ($100) per
day for 10 days.
Jeffrey K. Finer, West 35 Main, Suite 300, Spokane, 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 the respondent
be given an additional ten (10) days to abate the violations or pay a daily penalty of one
hundred dollars ($100) per day for 10 days. The motion carried unanimously.
c. Amendments
d. Dismissals
None
e. Motion
Board Member Duncan made a motion to approving Resolution No. 2014-001 as amended, Board
Member Cooper seconded. The motion carried unanimously.
E. STAFF REPORT AND OTHER BUSINESS:
Rick White, Community & Economic Development Director, summarized the 2013 building permit
activity for the board.
F. ADJOURNMENT
There being no further business before the Pasco Code Enforcement Board, the meeting was adjourned by
Chairperson Gottschalk at 7:52 p.m.
_______________________________
Mitch Nickolds, Secretary
MN/ks