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HomeMy WebLinkAbout07102014 Code Enforcement Board MinutesCODE ENFORCEMENT MINUTES MEETING OF JULY 10, 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 Dennis Duncan Dwayne Speer Russell Glatt C. ADOPTION OF MINUTES: Board Member Speer moved, seconded by Board Member Gutierrez, that the minutes of the June 5, 2014 meetings 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 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. Cruz, Fernando and Rosa, case number CEB2014-0979, for the property located at 3408 W. Ella Street Rick White, Community & Economic Development Director , 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. A violation was observed and determined to be a second offense violation. A previous notice was sent on May 9, 2012 for failure to renew a dog license. The property owners complied with that notice. A second offense of civil violation was issued on May 6, 07102014 CEB Minutes Page 1 of 6 2014. The owners were legally notified via certified mail on May 8, 2014 of the conditions believed to a second offense. Based on final inspection completed on July 8, 2014 the property is in compliance. The dog license was renewed on June 28, 2014. The City of Pasco recommended a penalty of $100 be imposed for a second offense penalty. Fernando Cruz, 3408 W Ella Street, spoke on behalf of this case. CODE BOARD DECISION: Board Member Speer moved, seconded by Board Member Glatt that the actions taken by the City were appropriate and timely. The motion carried unanimously. Board Member Glatt further moved, seconded by Board Member Gutierrez, that a repeat penalty of $100 be imposed but held in abeyance for 12 months and dismissed if no further violations are documented in that time. The motion carried unanimously. ii. City of Pasco vs. Jones, Aaron, case number CEB2014-0997, for the property located at 3804 W. Margaret Street Rick White, Community & Economic Development Director, 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 violation of the Pasco Municipal Code. A violation was observed and determined to be a second offense violation. A previous notice was sent on May 16, 2013 for failure to renew dog license. A second offense notice of civil violation was issued on May 7, 2014 and was delivered via certified mail. The owners were legally notified May 13, 2014 of the conditions believed to be a second offense violation. Based on final inspect ion completed on May 29, 2014 the property is in compliance. The dog license was renewed on May 29, 2014. The City of Pasco recommended a penalty of $100 be imposed for a second offense penalty. Felicia Jones, 3804 W Margaret Street, spoke on behalf of this case. CODE BOARD DECISION: Board Member Glatt moved, seconded by Board Member Gutierrez that the actions taken by the City were appropriate and timely. The motion carried unanimously. Board Member Glatt further moved, seconded by Board Member Speer , that a repeat penalty of $100 be imposed but held in abeyance for 12 months and dismissed if no further violations are documented in that time. The motion carried unanimously. iii. City of Pasco vs. Frankenfield, Carolyn and Kevin, case number CEB2014-1083, for the property located at 4304 W. Agate Street Rick White, Community & Economic Development Director, 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 07102014 CEB Minutes Page 2 of 6 Municipal Code. A violation was observed and determined to be a second offense violation. A previous notice was sent on October 11, 2013 for failure to license a dog. A second offense notice of civil violation was issued on May 8, 2014 for failure to renew a dog license. The owners were legally notified on June 4, 2014 of the conditions believed to be a second offense violation of the Pasco Municipal Code. Code Enforcement Officer, Scott Pierce, visited the property on June 4, 2014 and observed a small dog on the property and a copy of the notice was left at the door. Mr. Kevin Frankenfield called later that day and stated that he would renew the license in the same week. Based on final inspection completed on July 10, 2014 the property is not in compliance at this time. A dog license has not been renewed. The City of Pasco recommended a penalty of $100 be imposed for a second offense penalty. Carolyn Frankenfield, 4304 W Agate Street, spoke on behalf of this case. CODE BOARD DECISION: Board Member Speer moved, seconded by Board Member Glatt that the actions taken by the City were appropriate and timely. The motion carried unanimously. Board Member Glatt further moved, seconded by Board Member Gutierrez, that the respondent be given 10 days to correct the violation of an unlicensed dog or pay a penalty of $100 per day for ten (10) days . The motion carried unanimously. iv. City of Pasco vs. Myhres, Jerry, case number CEB2014-1119, for the property located at 4607 Saguaro Drive Rick White, Community & Economic Development Director, asked Rosanna Johnson to read the case facts into the record. Ms. Johnson 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 to the Pasco Municipal Code. A violation was observed and found to be a second offense violation of the Pasco Municipal Code. A previous notice was sent on July 2, 2010, case number CEB2010- 1744, which was a correction notice to license the dog on site. The dog was removed from the property and the case was closed without penalty on July 15, 2010. Again, a notice was sent on May 30, 2013, case number CEB2013-0929, which was a first offense notice of civil violation. The license was renewed on June 18, 2013 and the case was closed without penalty. A notice of civil violation was issued on April 16, 2014 via certified mail. The property owner was legally notified on May 13, 2014 of the conditions believed to be a second offense violation of the Pasco Municipal Code. Based on a final inspection completed on May 20, 2014 the dog on site has been licensed and the property is in compliance at this time. The City of Pasco recommended a penalty of $100 be imposed for a second offense penalty. Jerry Myhres, 4607 Saguaro Drive, spoke on behalf of this case. CODE BOARD DECISION: Board Member Glatt moved, seconded by Board Member Speer that the actions taken by the City were appropriate and timely. The motion carried unanimously. 07102014 CEB Minutes Page 3 of 6 Board Member Glatt further moved, seconded by Board Member Gutierrez, that a repeat penalty of $100 be imposed but held in abeyance for 12 months and dismissed if no further violations are documented in that time. The motion carried unanimously. v. City of Pasco vs. McLaughlin, Elizabeth, case number CEB2014-1143, for the property located at 4911 Kalahari Drive Rick White, Community & Economic Development Director, asked Rosanna Johnson to read the case facts into the record. Ms. Johnson 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 to the Pasco Municipal Code. A violation was observed and found to be a second offense violation of the Pasco Municipal Code. A previous notice was sent on March 26, 2012, case number CEB2012-0571, which was a correction notice to license the dog found on site. The dog was licensed April 26, 2012 and the case was closed without penalt y. Again, a notice was sent on June 21, 2013, case number CEB2013-0985, which was a first offense notice of civil violation. The license was renewed on July 15, 2013 and the case was closed without penalty. A notice of civil violation was issued on April 17, 2014 via certified mail. The property owner was legally notified on May 22, 2014 of the conditions believed to be a second offense violation of the Pasco Municipal Code. Based on final inspection completed on May 22, 2014 the dog on site has been p roperly licensed and the property is in compliance at this time. The City of Pasco recommended a penalty of $100 be imposed for a second offense penalty. Elizabeth McLaughlin, 4911 Kalahari Drive, spoke on behalf of this case. CODE BOARD DECISION: Board Member Glatt 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 Glatt, that a repeat penalty of $100 be imposed but held in abeyance for 12 months and dismissed if no further violations are documented in that time. The motion carried unanimously. vi. City of Pasco vs. Kenner, Gerald and Judy, case number CEB2014-1462, for the property located at 908 Road 50 Rick White, Community & Economic Development Director, 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 to the Pasco Municipal Code. A violation was observed and found to be a second offense violation of the Pasco Municipal Code. A previous notice was sent on June 20, 2013 for failure to renew a dog license. Compliance was met with that notice. A second offense notice of civil violation was issued on May 29, 2014 and was delivered via certified mail. The property owners were legally notified on June 3, 2014. Based on final inspection of the property completed on June 25, 2014 the property is in compliance at this time. 07102014 CEB Minutes Page 4 of 6 The City of Pasco recommended a penalty of $100 be imposed for a second offense penalty. James Bryant, 908 Road 50, spoke on behalf of this case. CODE BOARD DECISION: Board Member Glatt moved, seconded by Board Member Gutierrez that the actions taken by the City were appropriate and timely. The motion carried unanimously. Boa rd Member Gutierrez further moved, seconded by Board Member Glatt, that a repeat penalty of $100 be imposed but held in abeyance for 12 months and dismissed if no further violations are documented in that time. The motion carried unanimously. vii. City of Pasco vs. Wilson, Cameron and Kim, case number CEB2014-1718, for the property located at 8703 Desoto Drive Rick White, Community & Economic Development Director, asked Lloyd Coughlin to read the case facts into the record. Mr. Coughlin indicated that the cited violation on this property was PMC 13.61.060 (C) – Failure to install, maintain and/or test the backflow prevention device. A letter was sent by Deputy City Manager, Stan Strebel, in June 2013 encouraging the property owners to utilize City irrigation water. They were to make an attempt to convert their landscape irrigation in the fall of 2013. When no response was received from the property owners, a second letter was sent on April 14, 2014 advising the property owners that they needed to contact the Cross- Connect Division by April 30, 2014 and to have everything completed by May 30, 2014. On June 10, 2014 a notice of civil violation was sent. Based on a final inspection the control valves are located adjacent to a water meter and there is no backflow prevention and the property is not in compliance. The City recommended the respondents be given 10 days to correct the remaining violations or pay a penalty of $50 per day for 10 days. Cameron Wilson, 8703 Desoto Drive, spoke on behalf of 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 G latt further moved, seconded by Board Member G utierrez, that the respondent be given 20 days to correct any remaining violations on the property or pay a penalty of $50 per day for 10 days . The motion carried unanimously. c. Amendments d. Dismissals i. City of Pasco vs. Davis, Thomas and Erica, case number CEB2014-1115, for the property located at 4604 W. Court Street 07102014 CEB Minutes Page 5 of 6 ii. City of Pasco vs. Long, Tracy Michelle, case number CEB2014-1140, for the property located at 4823 W. Nixon Street iii. City of Pasco vs. Gillard, Todd, case number CEB2014-1167, for the property located at 505 N. 15th Avenue iv. City of Pasco vs. Percifield, Cherish, case number CEB2014-1295, for the property located at 6306 Three Rivers Drive v. City of Pasco vs. Reyes, Luis, case number CEB2014-1409, for the property located at 821 S. 12th Avenue vi. City of Pasco vs. Davis, Gary and Stephanie, case number CEB2014-1430, for the property located at 8407 Kingsbury Drive vii. City of Pasco vs. Willard, Orvil, case number CEB2014-1483, for the property located at 924 S. 10th Avenue viii. City of Pasco vs. Carter, Marsha, case number CEB2014-1510, for the property located at 9603 Shetland Drive ix. City of Pasco vs. Johnson, Brendon, case number CEB2014-1536, for the property located at 5419 Texada Lane x. City of Pasco vs. Daviscourt, Karl case number CEB2014-1538 for the property located at 6410 Damon Point Drive xi. City of Pasco vs. Walraf, Eric, case number CEB2014-1548, for the property located at 6608 Enzian Falls Drive xii. City of Pasco vs. Valladares-Barajas, Bella Luz, case number CEB2014-1611, for the property located at 6405 Turf Paradise Drive e. Motion Board Member Speer made a motion to approving Resolution No. 2014-007 as amended, Board Member Gutierrez seconded. The motion carried unanimously. E. STAFF REPORT AND OTHER BUSINESS: F. ADJOURNMENT There being no further business before the Pasco Code Enforcement Board, the meeting was adjourned by Chairperson Gottschalk at 8:00 p.m. ______________________________________ Krystle Shanks, Administrative Assistant II Community & Economic Development 07102014 CEB Minutes Page 6 of 6