HomeMy WebLinkAbout05012014 Code Enforcement Board MinutesCODE ENFORCEMENT MINUTES
MEETING OF MAY 1, 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 ABSENT
Daniel Gottschalk
Mary Gutierrez
Dwayne Speer
Dennis Duncan
Russell Glatt
C. ADOPTION OF MINUTES:
Board Member Duncan moved, seconded by Board Member Gutierrez, that the minutes of the March 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
David McDonald, City Planner, 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. Diaz, Esteban & Maria, case number CEB2013 -2763 for the
property located at 1131 W Yakima Street
David McDonald, City Planner, asked Martin Barajas to read the case facts into the record.
Mr. Barajas indicated that the cited violations on this property were PMC 16.04.010 — Single -
family dwelling converted into a multi - family dwelling (4 units) without any City of Pasco
building permits for the construction and modifications, PMC 25.34.050 — Single - family
dwelling illegally converted into a four -plex apartment complex and PMC 5.78.010 — Renting a
single - family home that has been converted into a four -unit apartment complex.
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The property was inspected on June 5, 2013 for violations of the Pasco Municipal Code.
Violations were observed and a correction notice was issued on June 14, 2013. The owner
secured building permit number B13-1738 issued on September 26, 2013 to restore the home to
a single - family dwelling. One of the units was vacant at the time and the owners were asked to
vacate the remaining units as well and keep vacant until the property was restored to
conforming use for habitability. Building permit B13 -1378 expired on March 25, 2014. No
building permit related inspections were ever requested.
The re- inspection of the property revealed that it is still in violation of the Pasco Municipal
Code. A notice of civil violation was issued on March 26, 2014 via certified mail. The unit
that was vacant at the time of the initial inspection was inspected on March 26, 2014 but Mr.
Barajas, Building Inspector, Troy Hendren and Code Enforcement Officer, Rosanna Johnson.
They found it to be occupied with new tenants and no attempt was made to comply with the
initial notice. The property owners were legally notified on March 31, 2014 of the conditions
believed to be in violation of the Pasco Municipal Code. Based on a final inspection of the
property it is not in compliance of the Pasco Municipal Code.
The City of Pasco recommended giving the respondent an additional thirty (30) days to abate
the violations or pay a daily penalty of one hundred dollars ($100) per day for 10 days.
Maria Diaz, 1131 W. Yakima, 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 Duncan further moved, seconded by Board Member Gutierrez, that the
respondent be given an additional thirty (30) days to abate the violations or pay a daily penalty
of one hundred dollars ($100) per day for 10 days. The motion carried unanimously.
ii. City of Pasco vs. Avalos, Maria, case number CEB2014 -0787 for the property located
at 1216 Lincoln Drive
David McDonald, City Planner, asked Martin Barajas to read the case facts into the record.
Mr. Barajas indicated that the cited violation on this property was PMC 8.02.190 — Failure to
renew dog license. The property was inspected on March 1, 2014. Violations were observed
and considered to be a second offense violation. A previous notice was sent on May 29, 2013
for case number CEB2013 -0442. They complied with that notice by licensing their dog on
June 25, 2013. A second offense notice of violation was issued on April 9, 2014 via certified
mail. The property owner was legally notified on April 12, 2014 of the conditions believed to
be a second offense violation of the Pasco Municipal Code. Based on a final inspection of the
property completed on April 15, 2014 the property is in compliance at this time, the license was
renewed.
The City of Pasco recommended imposing a repeat penalty of one hundred dollars ($100).
Omar & Maria Avalos, 1216 Lincoln Drive, spoke on behalf of this case.
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CODE BOARD DECISION: Board Member Duncan moved, seconded by Board Member
Gutierrez that the actions taken by the City were appropriate and timely. The motion carried
unanimously.
Board Member Gutierrez further moved, seconded by Board Member Glatt, to impose a $50
repeat penalty and an additional $50 be held in abeyance for 12 months. The motion carried
unanimously.
iii. City of Pasco vs. Mata. Isidoro & Juanita case number CEB2014 0795 for the
Property located at 1305 Road 42
iv.
David McDonald, City Planner, asked Martin Barajas to read the case facts into the record
Mr. Barajas indicated that the cited violation on this property was PMC 8.02.190 — Failure to
renew dog license. The property was inspected on March 1, 2014 for violations of the Pasco
Municipal Code. Violations were observed and were determined to be a second offense. A
previous notice was sent on May 10, 2012 for case number CEB2012 -1108. A dog license was
secured and compliance was met on May 15, 2012. A second offense notice of civil violation
was issued on April 9, 2014 via certified mail. The property owners were legally notified on
April 22, 2014 of the conditions believed to be a second offense violation. Based on the final
inspection completed on April 29, 2014 the property is in compliance with the dog license
being renewed.
The City of Pasco recommended imposing a repeat penalty of one hundred dollars ($100).
Andreas Mata, 1312 N. 41" Place, spoke on behalf of the respondent on this case.
CODE BOARD DECISION: Board Member Speer moved, seconded by Board Member
Gutierrez that the actions taken by the City were appropriate and timely. The motion carried
unanimously.
Board Member Speer further moved, seconded by Board Member Gutierrez, that the case be
dismissed without penalty. The motion carried unanimously.
David McDonald, City Planner, asked Debra Scott to read the case facts into the record.
Ms. Scott indicated the cited violation on this property was PMC 8.02.190 — Failure to renew
dog license. The property was inspected on March 1, 2014 for violations of the Pasco
Municipal Code. Violations were observed and were determined to be a second offense. A
previous notice was sent on April 17, 2013, case number CEB2013 -0563, which was a
correction notice violation for failure to license a dog on site. The license was not obtained and
a notice of civil violation was issued. The case went to the Code Board, the dog was licensed
and the case was closed. A second offense notice of civil violation was issued on April 9, 2014
via certified mail. The property owner was legally notified on April 12, 2014 of the conditions
believed to be a second offense violation of the Pasco Municipal Code. Based on the final
inspection completed on April 29, 2014 the property has been properly licensed and the
property is in compliance at this time.
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The City of Pasco recommended imposing a repeat penalty of one hundred dollars ($100).
Francisco Torres, 1907 N. 19`" Drive, 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 Gutierrez, to impose a $100
repeat penalty to be held in abeyance for 12 months. The motion carried unanimously.
V. City of Pasco vs. Solano, Gudelia, case number CEB2014 -0888 for the property
located at 1916 W Hopkins Street
David McDonald, City Planner, asked Debra Scott to read the case facts into the record.
Ms. Scott indicated the cited violation on this property is PMC 8.02.190 — Failure to renew dog
license. The property was inspected on March 1, 2014 for violations of the Pasco Municipal
Code. Violations were observed and were determined to be a second offense violation. A
previous notice was sent on July 2, 2010, case number CEB2010 -1486 which was a correction
notice to license a dog found on site. This case was closed on November 27, 2010. On April
12, 2011, case number CEB2011 -0559 which was a first offense violation for failure to license
a dog on site. The property owner came into compliance on May 12, 2011 and the case was
closed. A second offense notice of civil violation was issued on April 10, 2014 via certified
mail. The property owners were legally notified on April 12, 2014 of the conditions believed to
be a second offense violation of the Pasco Municipal Code. Based on final inspection of the
property on April 16, 2014 the property has been brought to compliance.
The City of Pasco recommended imposing a repeat penalty of one hundred dollars ($100).
Gudelia Solano, 1916 W. Hopkins Street, spoke on behalf of this case.
CODE BOARD DECISION: Board Member Duncan moved, seconded by Board Member
Gutierrez that the actions taken by the City were appropriate and timely. The motion carried
unanimously.
Board Member Speer further moved, seconded by Board Member Gutierrez, to impose a $100
repeat penalty to be held in abeyance for 12 months. The motion carried unanimously.
A. City of Pasco vs. Ortiz, Armondo, case number CEB2014 -00894 for the property
located at 1931 W Shoshone Street
David McDonald, City Planner, asked Debra Scott to read the case facts into the record.
Ms. Scott indicated the cited violation on this property is PMC 8.02.190 — Failure to renew dog
license. The property rented by Armondo Ortiz, according to water and dog licensing records,
was inspected on March 1, 2014 for violations of the Pasco Municipal Code. Violations were
observed and were determined to be a third offense violation of the Pasco Municipal Code. A
correction notice, case number CEB2011 -1770 was sent on June 1, 2011 to Armondo Ortiz.
There was no contact from Mr. Ortiz and the case was closed. Again a notice was sent to
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Armondo Ortiz on June 1, 2012, case number CEB2012 -2527 which was a notice of civil
violation for failure to license a dog found on site. The dog at this location was licensed on
July 3, 2012 and the case was closed. Again on April 17, 2013 a second offense violation, case
number CEB2013 -0584 was issued to Armondo Ortiz for failure to renew the license for the
dog on site before March 1, 2013. This case was scheduled for Code Board on June 6, 2013. A
dog was verified to be on site with the license issued on May 9, 2013. Before the Code Board
Hearing took place on June 6, 2013 a phone call was received from Armono's son stating that
they no longer lived at this address. The case was closed and dismissed the penalty based on
the son's statement. A check of the water records for 2014 revealed that Armondo Ortiz never
moved, meaning the $100 penalty was dismissed in error. A third offense notice of civil
violation was issued on April 10, 2014 via signature at the Code Enforcement counter. The dog
owner was legally notified on April 22, 2014 of the conditions believed to be a third offense
violation of the Pasco Municipal Code. Based on a final inspection completed on April 22,
2014 the dog on site has been properly licensed and is in compliance.
The City of Pasco recommended imposing a repeat penalty of one hundred dollars ($100) for
the case that was dismissed in error and two hundred dollars ($200) for the third offense penalty
for a total of three hundred dollars ($300).
CODE BOARD DECISION: Board Member Speer moved, seconded by Board Member
Gutierrez that the actions taken by the City were appropriate and timely. The motion carried
unanimously.
Board Member Speer further moved, seconded by Board Member Gutierrez, to impose on the
current resident, Maria Romero, a $50 penalty and an additional $50 be held in abeyance for 12
months. The motion carved unanimously.
vii. City of Pasco vs. Rouse, Lawrence & Melinda case number CEB2014 -1015 for the
property located at 4007 Joshua Drive
David McDonald, City Planner, asked Rosanna Johnson to read the case facts into the record
Ms. Johnson cited the indicated violation at this property was PMC 8.02.190 — Failure to renew
dog license. The property was inspected on March 1, 2014 for violations of the Pasco
Municipal Code. Violations were observed and were determined to be a second offense. A
previous notice was sent on April 16, 2012, case number CEB2012 -1398 which was a
correction notice to license the dogs on site. This case was closed January 24, 2013. Another
notice was sent on October 10, 2013 for case number CEB2013 -0379 which was a first offense
notice of civil violation. The dogs were licensed on October 18, 2013 and the case was closed
without penalty. A second offense notice of civil violation was issued on April 7, 2014 via
certified mail. The property owners were legally notified on April 9, 2014 of the conditions
believed to a second offense violation. Based on a final inspection completed on April 15,
2014 the dog has been properly licensed and the property is in compliance at this time.
The City of Pasco recommended imposing a repeat penalty of one hundred dollars ($100).
Lawrence Rouse, 4007 Joshua Drive, spoke on behalf of this case.
CODE BOARD DECISION: Board Member Spear moved, seconded by Board Member
Duncan that the actions taken by the City were appropriate and timely. The motion did not
carry with Board Members Gutierrez, Glatt and Gottschalk dissenting.
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Board Member Gutierrez moved, seconded by Board Member Glatt, to impose a $50 penalty
and an additional $50 be held in abeyance for 12 months. The motion carried three to two with
Board Members Speer and Duncan dissenting.
viii. City of Pasco vs. Sowers. Richard & Marta case number CEB2014 -1018 for the
property located at 4008 Manassas Court
David McDonald, City Planner, asked Rosanna Johnson to read the case facts into the record
Ms. Johnson indicated the cited violation at this property was PMC 8.02.190 — Failure to renew
dog license. The property was inspected on March 1, 2014 for violations to the Pasco
Municipal Code. Violations were observed and were determined to be a second offense. A
previous notice was sent on April 16, 2012, case number CEB2012 -1401 which was a
correction notice to license the dog on site. The dog was licensed August 6, 2012 and the case
was closed. Again a notice was sent on May 16, 2013, case number CEB2013 -0769 which was
a first offense notice of civil violation. The dog was licensed on June 13, 2013 and the case
was closed without penalty. A second offense notice of civil violation was issued on April 7,
2014 via certified mail and the property owners were legally notified on April 9, 2014 of the
conditions believed to be second offense violations of the Pasco Municipal Code. Based on a
final inspection completed on April 16, 2014 the dog on site has been properly licensed and the
property is in compliance at this time.
The City of Pasco recommended imposing a repeat penalty of one hundred dollars ($100).
Richard Sowers, 4008 Manassas Court, 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 Gutierrez further moved, seconded by Board Member Glatt, to impose a $100
repeat penalty to be held in abeyance for 12 months. The motion carried four to one with
Board Member Duncan dissenting.
c. Amendments
City of Pasco vs. Roberts, Kelly, case number CEB2014 -0084 for the property
located at 126 N Owen Avenue
d. Dismissals
L City of Pasco vs. McClure Jeffrey & Jennifer, case number CEB2012 -3473 for the
property located at 2302 E Lewis Street
e. Motion
Board Member Glatt made a motion to approving Resolution No. 2014 -005, Board Member Duncan
seconded. The motion carried unanimously.
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E. STAFF REPORT AND OTHER BUSINESS:
Debra Scott, Code Enforcement Officer, introduced the new Code Enforcement Officer, Scott Pierce and
new Code Board Member, Russell Glatt.
F. ADJOURNMENT
There being no further business before the Pasco Code Enforcement Board, the meeting was adjourned by
Chairperson Gottschalk at 8:42 p.m.
2, j Lt,—
Rick White, Director
RW/kls
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