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HomeMy WebLinkAbout04032014 Code Enforcement Board PacketDATE: TO: FROM: MEMORANDUM March 27, 2014 Code Enforcement Board Rick White, Director {Z\,.J Community & Economic Development SUBJECT: CEB Determination Hearing April 03, 2014 Distribution R Glatt D Duncan D Gottschalk D Speer M Gutierrez I am writing to confirm that the Code Enforcement Board will meet April 03, 2014 at 7:00p.m., in the City of Pasco Council Chambers. Please find attached the following: (I) An agenda for April 03, 2014; (2) Minutes of the previous CEB meeting; (3) Code Enforcement Activity Reports for February; ( 4) Memorandum to the Code Enforcement Board. Ifyou have any questions, please call (509) 545-3441. RW 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, Rosanna Johnson Cross Connect Specialists: Lloyd Coughlin, Jake Hickman Angela Zilar, Tri-Cities Animal Control A. CALL TO ORDER B. RO LL CALL Board Members Present C. ADOPT ION OF MINUTES D. HEARINGS Administration of Oaths Hearings Scheduled Agenda for the Code Enforcement Board of the City of Pasco , Washington Apri l 03, 2014 at 7:00pm CEB2012-3473 2302 E LEWIS ST-JEFFERY A & JENNIFER M MCCLURE, owner Debbie Scott, Code Enforcement Officer Description: CONTAINERS REMOVED PMC 16.04.010 (I) V iolation: Failure to secure a City of Pasco building permit. (2) Corrective Action: Discontinue all constructi o n activities and subm it an application for a bui lding permit from the City of Pasco (please call (509) 543-5726 for information on permit requirements). lfno permit can be obtained, storage containers must be removed. Descriplion: COMERC1AL STORAGE IN R-2 ZONE. PMC 25 .34.020 (I) \'iolatio n : Unpermitted use of a property in a R-2 Zone. (2) Corrective Action: T he following u ses are permitted: s ingle-family dwell ings, new facto ry assembled homes, two-family dwellings and multiple dwellings. Di scontinue ALL upermitted uses o n thi s propert y . D escription: OPERATING A BUSINESS W/0 A LICENSE (Commerical Storage) PMC 5.04.020 (I) V iolation: E ngaging in busin ess with in the City of Pasco without a required City of Pasco business l icense. (2 ) Corrective Action : Apply for a City of Pasco business license . Discontinue ALL business activities until such tim e as a business li cense can be obtained. Please call the City Clerk's office a t (509) 545-3402 for information on licensi ng requi rements or v iew requirements o nline a t http://www.pasco-wa.gov/LicensePermits. CEB2014-0084 126 N OWEN AVE-KELLY W ROBERTS, owner Debbie Scott, Code Enforcement Officer Des cription.-9 DOGS ON SITE PMC 25.28.030 (5) (R -1 Zone) (I) Violati on: CEB Agenda !'age I o f2 More tha n three dogs and/or three cats b e in g kept on thi s property. (2) Corre c tive Action: All excess dogs and cats (7 month s old and o lder) must be removed from the property. Description : FAIL URE TO LICENSE THREE DOGS ON SITE, ON E DOG LICENSED 2013--EXPIRED FOR 2014 PMC 8. 02.190 (I) Vio lation : A ll dogs over seve n (7) months of age must be li censed with th e City of Pasco. (2) Co r rective Actio n: License all d ogs over the age of seven (7) month s with the City of Pasco (please call (509) 545-3488 for more information ). Amendments Dismissa ls Mot ion E. STA FF RE PORT AND OTHER BUSI NESS CEB2013-2939, 114 N 4'" AVE-OCTAVIO RODRIGUEZ, owner Rick White, Commun ity & Economic Development Director Descrip tion: STA FF MEMO REGA RDING ABATEMENT OF THE PROPER TY LOCATED AT 114 NiH AVE F. ADJOURNMENT CEI3 Agenda Page2of 2 CODE ENFORCEMENT MINUTES MEETING OF MARCH 6, 2014 A. CALL TO ORDER Chairperson Gottschalk called the regular meeting of the Code Enforcement Board to order at 7:00p.m. B. ROLLCALL a. Board Members MEMBERS PRESENT Daniel Gottschalk Mary Gutierrez Dwayne Speer Dennis Duncan Don Cooper C. ADOPTION OF MINUTES: MEMBERS ABSENT Board Member Duncan moved, seconded by Board Member Gutierrez, that the minutes of the February 6, 2014 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 Rick White, Community & Economic Development Director, 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 t o 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. Talley, Geraldine, case number CEB2013-3494, for the property located at 1535 W. Jay Street Rick White, Community & Economic Development Director, asked Debra Scott to read the case facts into the record. Ms. Scott indicated that the cited violations on this property were PMC 25.78.030 (4) - Vehicles parked in the rear of this property on an unapproved surface, PMC 9.60.030 (16) - Weeds and large piles of yard waste and PMC 9.60.030 (6)-Trash , litter and debris located on this property. Violation s were observed and were determined to be repeat violations. 03062014 CEB Minutes Page 1 of3 A previous notice was sent on October 4, 2012, case number CEB2012-3421, for vehicles parked on unapproved surface, large pile of yard debris, household furniture and miscellaneous debris in public view and junk vehicle storage. The property was marginally in compliance on December 23, 2012. A repeat notice of civil violation was issued on November 27, 2013 via certified mail. The property owner was legally notified on November 29, 2013 of the conditions believed to be repeat violations of the Pasco Municipal Code. Based on the final inspection of the property completed on March 6, 2014 , it is believed that the property is in compliance at this time. The City of Pasco recommended a r epeat penalty of $200 be imposed but to be held in abeyance for a period of 12 months and dismissed if no further viol ations are documented in that time. Jason Martin, 1535 W. Jay Street, spo ke on behalf of this case for his mother. CODE BOARD DECISION: Board Member Speer mo ve d, seconded by Board Member Cooper that the actions taken by the City were appropriate and timely. The motion carried unanimous! y. Board Member Duncan further moved, seconded by Board Member Speer, that a repeat penalty of $200 be imposed but held in abeyance for 12 months and dismissed if no further vio lations are documented in that time . The motion carried unanimously. ii. City of Pasco vs. Roberts, Kelly, case number CEB2014-0084, for the property located at 126 N. Owen A venue Rick White, Community & Economic Development Director, asked Debra Scott to read the case facts into the record. Ms. Scott indicated that the cited violations on this property were PMC 25.28.030 (5) -Nine do gs on site in an R-1 Zone and PMC 8.02.190 -Failure to lic ense three dogs on site, one dog license in 2013 but has expired for 2014. Violations were observed and were determined to be repeat violations. A previous notice was sent on July 1, 2013 , case number CEB2013-2789, for PMC 25.28.030 (5), more than three dogs on this property and PMC 8.02.190, failure to license excess dogs at this location. The repeat notice of civil violation was issued on February 3, 2014 via certified mail. The property owner was legally notified on February 6, 2014 of the conditions believed to be repeat violations of the Pa sc o Municipal Code. Based on a final inspection of the property and veri fication of license completed on March 5, 2014, it is believed that the property is in comp li ance at this time. The City of Pa sco recommended a repeat penalty of $200 be impo sed but to be held in abeyance for a period of 12 months and dismis sed if no further violations are documented in that time. Jessica Robert s, 126 N. Owen Avenue, spoke on behalf of this case for her father. 03062014 CEB Minutes Page 2 of3 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 Speer , that the case be held in abeyance until the next regular meeting in April at which time the property owner can come forward to prove the excess dogs do not belong to the property owner and to license the dogs that do belong to the property owner. The motion carried unanimously. c. Amendments d. Dismissals e. Motion Board Member Speer made a motion to approving Re so lution No. 2014-003, Board Member Duncan seconded. The motion carried unanimously. E . STAFF REPORT AND OTHER BUSINESS: Rick White, Community & Economic Development Director, introduced Rosanna Johnson, as the new Code Enforcement Officer. Mr. White added that Mr. Mitch Nickolds has taken a position with the City of Tukwila and that the Inspection Services Manager position has been posted until March 17 , 2014. He will keep the board posted on the status of that position. Interviews will also be taking place for a fourth Code Enforcement Officer. F. ADJOURNMENT There being no further business before the Pasco Code Enforcement Board, the meeting was adjourned by Chairperson Gottschalk at 7:28 p .m . Rick White, Director RW/ks 03062014 CEB Minutes Page 3 of3 MEMORANDUM DATE: March 27, 2014 TO: Rick White, Director, Community & Economic D evelopment FROM: Krystle Shanks, Administrative Assistant II tl'5 SUBJECT: Code Enforcement Activity Reports Reports for the Month of February, 2014 Please find attached copies of the Code Enforce ment Activity Reports for the month of February: (1) CEB Resolution, February 6, 2014 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, February, 2 014 This report lists all inspections performed by individual staff for the month. To be counted as a n "inspection" a written "correction notice" must have been issued as a result of the initial inspection. (3) Code Enforcement Compliance Actions /Rental Inspecti ons/Certifications 2 01 3-20 14 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". (4) Pasco Rental License Program: January-December 2014 This report tracks progress in the annual licensing of rental units. As of February, 2014, we estimate 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. Di s tribution: Gary Crutchfield, City Manager Stan Strebel, Deputy City Manager Rick Terway, Administrative Services Director Ahmad Qayoumi, Public Works Director Bob Gear, Fire Chief Bob Metzger, Chief of Police Jon Funfar, Media Specialist Community Developme nt Staff (Route Copy) Code Enforcement Board CITY OF PASCO CODE ENFORCEMENT BOARD RESOLU TION RCSOLLTION NO. 2014 -2 A RESOLUTION tlndiog that code vio lations have been corrected and may be di smissed without penalty. d eferring actio n on certain cases pend ing proper notificat ion. accepting vo luntary con·cnion agreement s, and assessing penaltic! on cc11ain cases. WHF.RE AS, th e City of l'a,co has found that there exist conditions on cenain properties that constitute ,·i o la tiom. of the Pasco Municipal Code ; and WHEREAS. the Code Cnforcement Board has rhe authority to aftinn , dismtss, or modify not ice s of ci ,·il violations issued by the City: NO W UE lT RESOLVED BY THE COD E ENFO RCEMENT BOARD OF TH E CJTY OF PASCO: That the foll ow ing cases be dismissed without pen alty: Scrvicr Jkpe.1 t l2illh. ( Efl201 2-3JO I KAR[;J' A IHlHf:'RTSO N LEfl20 I 2-J55S GLORJ \ MA,RTJ:-;I:.Z CFB2 tl 12-J583 0~11 R & SI IARON OL ~0!\ CEIJ2012-.lh9~ ~1AfrllEW LKU:-:Kil CU-l2013-022S CECII.IO fltri·,NO & 1\MEU \ C ISNFRO CEB2013-32 7 1 LYi':'< J i>< 'IAMviY 01 AIR CF fl2 0 13-n91 HILDA A WRIGHT CI:B20 1 3-33~S L \RA JIJVFI'\,\L ,\H-\l ?A~ rRt\'lUSC CER 201J-3J46 C R & PATRICIA S,\L(] \DO l'EB~U 13-335: ,\l!DI''JCIOI' l~-r \l ) r~ I RELJ,\ l'U!2U 13-3354 J .\1>!1:~ Ill ,TCJ !l '\SO'J l Lll20 13-:;412 Ill POLl I 0 G.\LLI :U OS :.1<>0<:i~p· ~ Q..\lli:r l)i $m iss~d a> unlound~d hy floard Pagel of3 Sl!r' icc-&lli:l! ll1ili. ~l~o:i lll.smi.;.:-.cd Q.!!Kr C EB2 01 3-3 ~~5 El ·GENJ, & DIA N\"!: E MAR COri'F CE B21l !J-3:'03 MMI S .\ & PAl'!.\ (J R ) BOW I-.R CEIJ2 013-J550 MAR TI N & MICAF I.A NU NI·.Z CL-.1:1201 3-3553 JI:.Sl 1S & ROSA M(lRI ~0 C£B201 3-3565 D \N IEL ~·IORAL I:S CEB2013-3566 D,\VID L<rREFNO l.I'H201 3-35 68 JOH N P & M,\RlS A C CA LLA N Be it further resolved the following people were not properly no tified of a ll eged violation s of the Pasco Municipal Code and hear ings fo r th eil" cas es s ho uld ue def~rred until such times as they are properly notified: 5.m!£.s Rrus:;u lli.ili. ~ !)~ lJ.iilld: CFI:I 20 12-3605 ROS IO [1 ·.1"1\l.) A\ 11 A CL B20 13-2862 JOSC ( "1'\JEROS (TB2 013-330'1 R.\MON R ~!OR >\ 1ETUX) C EB 2013-3J55 KEN'-i i:.TII L & SHEILA R TUR.i\JE R CFB20 13-3372 SOCORRO ~ Gt.:ILLEIU.IO DAV IL A. CEB2013-340S KE\'1 ~ B H liROINE <E fl20 1 3-1~71 TmiM \ D Hll'ONG CE B20 13-35:12 Tl:RES \A ~\1 JTII Be it further resol ved t hat th e C o de Enfo rcement Bo a rd accepts or cc>ntinues t he helo\1 listed ca ses a nd volu ntary co rrectio n agre«.>m ents: ~k.: Rc..•nt.'clt l2llili: ~ .. illl~~t4r.l Dl~"<'Q Otl\('r l"l-.1120 13-3368 JOSE C & ~OR 'vi.\ J C I\CilUA ~ l.ll20 1 3-3~26 SO "\/ t1 HI Y:-1 11 (E I l':>.J Par~ 2 of 3 Be it furth e r r eso lved tha t the followin g cases a r e n ow in c ompli ance. How ever, p r op er n otifi catio n of cer tain people r equired use of a p r o fe ssion al proc ess s erv er a nd a m o neta r y s e rvice p ena lt y offort)-ti n d ollar s ($45.00) is assessed in each l'ase the r efor; and cer tain p r operties a n d p eo p le w e re fo und in r e pe at v io lation o f t he Pasco Mu nic ipa l C ode and a minimum m andator~ monet H) p enalt y is assesst-d for each re p eat v io lation there for; and certain properties and p eo p le were assessed a minim um mandatory mo net a ry pena lty o f fift y dollars (550.00) fo r certain v io latio n(s ) of t he Pas co M unicipal Code there fo r: ;ic;r.ill.£ CH\20 13 -3308 L\1 iRA!> G UEl A & MI\RL\NO M ARTI ~ f<Jn y-fhc d<'llnrs ($.15) &!29lt !)ail" rv1ond::tr\' Di\mi s"cd Otlwr Be it furth er r esolved that t h e fo llowing people wer e properly notified o f a ll eged v io la tions of t h e Pasco Mun ici pal Code b u t have failed to appea r befort• the P asco C ode E nfo rceme n t Bo a r d fo r hearin g s o n t he datr prescri b ed a nd sa id a lleged v iola tions h ave no t b een aba ted as r eq u ir ed o r were a bated b y the C ity and abatem ent cost s, timeframes for compliance and d a il y mo neta r y p ena lties in the amo u nts not to exceed those es tabli s h ed by P M C 11.02.050 a nd as may be d e te r mined b~· th e C ommunity Deve lopment Direr t o r are a ssessed for each c ivi l v io latio n therefor: \EA20 13-02Ri SPR 1'1 l l'JC' ("lOM INEt) CE020 13-3467 DCJ" &. T.\MbRA WAlVlll.\l ll l.E B"Ol.l-.1~68 !\:-.IN L tl:.T.\L) Bl'RK.[ CrD2013-3469 JA/Vli 'S J 6. A:o-:ORl:A R ELGI N CEH2 01 3-347 0 S!\NJ ,\ Y BR O(J'JE CEB 20 14-0020 \HO COl'~T IHlCT IO?\ 1 11\C CEI3~014-0024 V,\RSITY DEVr L.OPII·1LNT LLC ~(fl jC( fualeat !1!lli: lifiy dollar> ($50) 1\\0 hundred doll Jr., ($~00) nne hundred dolla rs t$1 00) fifty dollars {1:.50) ;':,!O UI:!ill:J: Jlj).!p i~~~d. Q!ill'( City ,lhatcmc nt Cit) abatcmont City obmcment C ity abateme nt si• h undt<d dollars 1$600) Be it fu rther t·eso lved that the fo llowi n g people w e r e pro perly no tilled of alleged ''io la t ions o f the P a sco M u n ic i pa l C ode a n d h a ve ap peared be fore the P asc o Code £nforreme n t Boa r d for he a rings on th e d a te prc ~cr ib cd and t h e Bo ard issued o r d e r s the r efor: .S.c.n:ic~ ~·r~u P.Jlib: ~ pi,mi~>~.J. Qt her Be it furt llcr resolved tha t, purs u a n t to PMC 11.02.06 0 (4)(d}, a n y p e rson w h o fails to collec t o r a ccept t h e ccrtil1cd mail copy of t h e Bo a r d 's d ecisio n m ay b e required to be served a co p~· o f the decisio n y ia p r ofession al process serve r, and a ll s u c h cos ts for person a l sen• ice o f the decision are her eby a s~cssed . Total nu m b er o f c ases: 37 Passed by the COde Enforceme nt Board {>f t h e C ity of Pasto on reb ru ary 6, 2014. _/ I ~. I I I, I l ' ' I f.,;,J·~~<. i\TTES'l: ' i , vJiv Dan iel (.,onschalk .lhJirpe rson Mitch l'lickold'>. lns pt·c tion Servic e < Manager Page:> of 3 OFFICER ~ VIOLATION TYPE ..... Property Nui sances Housing Code Business Licenses Dog Licenses I Animal Related Rental I nspection/ Corrections RV's /Utility Trailers/ Rec. Equip. i n Streets CASES OPENED MONTHLY TOTAL CASES C LOSED 20 1 4 STATU S REPORT CODE ENFORCEMENT INSPECTION FEBRUARY Martin B . Debra S. Rosanna J . Lloyd MONTHLY c . TOTAL Jake H . ...... (Public Works) 7 54 43 2 106 0 1 3 NA 4 8 1 9 NA 18 0 0 0 NA 0 116 6 0 NA 122 0 0 0 NA 0 13 1 63 55 2 251 29 36 31 0 96 ~-~-- Note : Counts reflect only c ode enforcement inspections that resulted m 1ssuance of an i nit i al written Correction Notice. Year to Date 164 8 35 3 521 0 732 199 INSPECTI ON PERIO D BY DISTRICT DISTR ICT I -2013 JANUARY -MARCH DISTRICT 2 -20 I 3 APRIL-JUNE DISTRICT 3-20 I 3 JULY -SEPTEMBER DISTRICT 4-20 13 OCTOBER -DECEMBER DISTRICT 5 -2014 JANUARY -MARCH D ISTRICT 6 -20 I 4 APRIL-JUNE DISTRICT 7-2014 JULY -SEPTE M BER DISTRICT 8-2014 OCTOBER -DECEMBER LICENSED TOTALS February 2014 STATUS REPORT CODE ENFORCEMENT COMPLIANCE ACTIONS RENTAL INSPECTIONS/CERTIFICATIONS 2013/2014 LICENSED UNITS TO UNITS P ASS FAIL CORRECTIONS BE CERTIFIED INSPECTED COMPLETED EST. TOTAL-6,357 670 632 609 23 10 437 36 1 361 0 0 628 575 575 0 0 838 825 825 0 0 754 521 521 0 0 840 3 3 0 0 513 37 33 4 0 571 127 11 9 8 4 5251 3081 3046 35 14 CORRECTIONS IN PROGRESS 13 0 0 0 0 0 4 4 21 MONTH 111114 JANUARY FEBRUARY MARCH APRIL MAY JUNE JULY AUGUST SEPTEMBER OCTOBER NOVEMBER DECEMBER TOTALS PASCO RENTAL LICENSE PROGRAM 2014 FEBRUARY ESTIMATED # OF RENTAL UNITS CERTIFIED NON- RENTAL UNITS LICENSED RENTAL UNITS TO BE LICENSED (From Applications and License Renewals) 6,357 5,251 0 6,357 8 0 6,357 66 6 6,357 0 6,357 0 6,357 0 6,357 0 6 ,357 0 6,357 0 6,357 0 6,357 0 6 ,357 0 6.357 0 6,357 5,325 6 ESTIMATED NOTICES UNLICENSED ISSUED RENTALS (Remaining) 2,006 1,998 1,926 1,926 MEMORANDUM DATE: March 24,2014 TO: Code Enforcement Board FROM: Rick White, Director Community & Economic Development SUBJECT: Case Number CEB2013-2939, 114 N. 4th Avenue, Octavio Rodriguez In November 2013, the Code Enforcement Board conducted a hearing on the above mentioned case. The owner of the property appeared at his own behalf and requested that the Board allow him 120 da ys to remit to the City the $29,300 that was owed to the City for the emergency abatement that occurred as a result of a fire at the old Liberty Theater in Augus t 2013. At that time the Board granted Mr. Rodriguez the 120 days for payment of th e assessment of charges s ubject to $100 per day up to 10 days penalty for nonpayment within th at timeframe. On the March 17 , 20 14 City Council Meeting, Staff presented City Council with an opt ion to impose a special lien against the property for payment of the abatement costs. The special li en is one that would take the same priority as unpaid taxes and allow up to a 3 year peri od for payment of the abatement costs in addition to the property taxes or suffer a possible foreclo s ure on the property. Alth ough City Council generall y concurred with the idea of the special li en for guaranteeing of the abatement costs, there was discussion on determining an interest r ate that was less than the statutory default rate of 12%. Assuming a market interest rate of approximately 4-5% per year -this would app roximate the 10 day $100 per day penalty imposed by the Board in November 2 013. Staff requests that the Code Enforcement Board r ev is it their dete rmination of a $100 per day p e nalty for a 10 day period for this particular case. As usual, the City 's interests li e with abatement of the nuisance , not necessarily accruing additional penalty moni es . Given the complexity of settling with the insurance carrier for determining the monetary lo ss for th is s itu ation , Staff be lieves that the Board i s justified in this particular case, for eliminating the penalty or hold in g the penalty in abeyance for a period of 1 year.