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Home My WebLink About08072014 Code Enforcement Board MinutesCODE ENFORCEMENT MINUTES MEETING OF AUGUST 7, 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 Russell Glatt MEMBERS ABSENT Dennis Duncan Mary Gutierrez Dwayne Speer C. ADOPTION OF MINUTES: Board Member Speer moved, seconded by Board Member Glatt, that the minutes of the July 10, 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 Troy Hendren, 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. Cross, Lisa, case number CEB2014-1585, for the property located at 502 S. 23rd Avenue Troy Hendren, Inspection Services Manager, asked Rosanna Johnson to read the case facts into the record. Ms. Johnson indicated that the cited violation on this property was PMC 25.69.040(1) – Recreational vehicle parked in side yard appears to be occupied on an overnight basis as a permanent residence, PMC 25.78.030(4) – Parking vehicle on an unapproved surface in the front yard and PMC 9.60.030(6) – Miscellaneous debris stored in public view on the porch and front yard, which also pose a fire hazard. The property was inspected on April 25, 2014 for 08072014 CEB Minutes Page 1 of 4 violations of the Pasco Municipal Code. Violations were observed and a correction notice was issued. 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 May 19, 2014 via certified mail. The certified notice was returned as unclaimed a re-issued on June 23, 2014 via process server. The property owner was legally notified on June 24, 2014 of the conditions believed to be a violation of the Pasco Municipal Code. Based on a final inspection of the property completed on August 7, 2014 the property is not in compliance at this time. The City of Pasco recommended a penalty of $45 to reimburse the City for the cost of personal service of the notice and be given 10 days to correct any remaining violations or pay a penalty of $50 per day for 10 days. Lisa Cross, 502 S. 23rd Avenue, 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. Board Member Speer further moved, seconded by Board Member Glatt, that a penalty of $45 imposed to reimburse the City and be given 20 days to correct any remaining violations or pay a penalty of $50 per day for 10 days. The motion carried unanimously. ii. City of Pasco vs. Perez, Antonio, case number CEB2014-1619, for the property located at 804 S. 8th Avenue Troy Hendren, Inspection Services Manager, asked Lloyd Coughlin to read the case facts into the record. Mr. Coughlin indicated that the cited violation on this property was PMC 13.16.020(b)(c) – Failure to perform an annual backflow prevention assembly test. This is a repeat violation. Notification was mailed to the property as well as the property owner. The Cross-Connection Specialist, Jake Hickman, spoke to the property owner regarding the repeat violation. Mr. Hickman was told that Mr. Perez does not pick up his mail regularly which is why this got overlooked. Mr. Coughlin discussed some difficulties due to different addresses listed for the property owner. Based on a final inspection the property is in compliance at this time. The City of Pasco recommended a repeat penalty of $200 be imposed. Tranita Perez, 4206 Road 105, 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 Speer further moved, seconded by Board Member Glatt, that a repeat penalty of $200 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. Sanders, Kent & Rachael, case number CEB2014-1653, for the property located at 9520 Welsh Drive 08072014 CEB Minutes Page 2 of 4 Troy Hendren, Inspection Services Manager, asked Rosanna Johnson to read the case facts into the record. Ms. Johnson indicated that the cited violation on this property was PMC 10.52.030(2) – Semi- truck/trailer parked in a residential zone, PMC 5.04.020 – Operating a home occupation without obtaining a City of Pasco business license, PMC 5.78.020 – Failure to schedule rental inspection and PMC 9.60.030(10) – Pallets, bed frame, wooden boxes laying in side yard. The property was inspected on May 21, 2014 for violations to the Pasco Municipal Code. Violations were observed and determined to be a repeat violation. A notice of civil violation was issued on June 30, 2012, case number CEB2012-2858 for failure to renew the rental license. The license was renewed on August 8, 2012 and the case was closed without penalty. Again a notice of civil violation was issued on May 28, 2014 via certified mail. The property owners were legally notified on May 31, 2014. Based on a final inspection of the property completed on August 6, 2014 the property is not in compliance at this time as Big Team Delivery LLC is not licensed to operate a business in the City of Pasco or at this residence. The City of Pasco recommended a repeat penalty of $200 be imposed and be given 10 days to correct the remaining violation and license their business or pay a penalty of $50 per day for 10 days. This case was moved to the September 4, 2014 meeting since Board Member Speer recused himself from this case. iv. City of Pasco vs. Mendoza, Aurora, case number CEB2014-1965, for the property located at 8222 W. Ruby Street Troy Hendren, Inspection Services Manager, 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 license a dog on site. The property owner did not renew their dog license on or before March 1, 2014 and was found to be a second offense of the Pasco Municipal Code. A correction notice was sent on March 26, 2012, case number CEB2012-0894 to license a dog on site. A first offense notice was sent on November 10, 2013, case number CEB2013-3266 to license the dog on site. Staff was notified on November 20, 2013 that the dogs were given away and the case was closed without penalty. A second offense notice was issued on July 17, 2014 via certified mail. The property owner was legally notified on July 21, 2014. Based on a final inspection completed on July 23, 2014 the property is in compliance at this time. The City of Pasco recommended a penalty of $100 be imposed for a second offense penalty. Aurora and Corina Mendoza, 8222 W. Ruby Street, 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. 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. 08072014 CEB Minutes Page 3 of 4 c. Amendments d. Dismissals i. City of Pasco vs. Burleigh, Bryan, case number CEB2014-0975, for the property located at 3308 Calder Lane ii. City of Pasco vs. Bowen, Brett, case number CEB2014-1141, for the property located at 4901 W. Sylvester Street iii. City of Pasco vs. Zarndt, Delia, case number CEB2014-1320, for the property located at 6516 Ruth Drive iv. City of Pasco vs. Smith, Michael & Valerie, case number CEB2014-1330, for the property located at 7 Daisy Court e. Motion Board Member Speer made a motion to approving Resolution No. 2014-008 as amended, Board Member Glatt seconded. The motion carried unanimously. E. STAFF REPORT AND OTHER BUSINESS: Troy Hendren, Inspection Services Manager, introduced himself to the Code Enforcement Board as the new Inspection Services Manager. F. ADJOURNMENT There being no further business before the Pasco Code Enforcement Board, the meeting was adjourned by Chairperson Gottschalk at 8:06 p.m. ______________________________________ Krystle Shanks, Administrative Assistant II Community & Economic Development 08072014 CEB Minutes Page 4 of 4