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Home My WebLink About10022014 Code Enforcement Board PacketDATE: TO: FROM: MEMORANDUM September 25, 2014 Code Enforcement Board Krystle Shanks P Administrative Assistant II Community & Economic Development SUBJECT: CEB Determination Hearing October 02 , 2014 Distribution DDuncan D Gottschalk D Speer M Gutierrez R Glatt I am writing to confirm that the Code Enforcement Board will meet October 02, 2014 at 7:00p.m., in Pasco City Council chambers. Please find attached the following: (1) An agenda for October 02, 2014; (2) Minutes of the previous CEB meeting; (3) Code Enforcement Activity Reports for August. If you have any questions, please call (509) 543-5743. KS Attachments: As stated. CC: Dave Zabell, 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, Scott Pierce Cross Connect Specialists: Lloyd Coughlin, Jake Hickman Angela Zilar, Tri-Cities Animal Control A. CALL TO ORDER B. ROLLCALL Board Members Present C. ADOPTION OF MINUTES D. HEARINGS Administration of Oaths Hearings Scheduled Agenda for the Code Enforcement Board of the City of Pasco, Washington October 02, 2014 at 7:00 pm CEB2014-1720 8708 DESOTO DR-CARLY A WETHERELL, owner Lloyd Coughlin, Code Enforcement Officer Description: PMC 13.61.060 (C) (I) Violation: Failing to install, maintain a nd/or test the backflow prevention device required because domestic water s upply is used for irrigati o n instead of irrigati o n water. Per PMC I 3.61.060 (A), all s ingle family residential properties are s tron gly encouraged to use irri gation water in lieu of domestic water when such service is available. (2) Corrective Action: Since irrigation water is avai lable and not utilized, a backflow prev ention devi ce is required. Install, maintain and /or test the backflow prevention device. All such costs associated with the installation, maintenance and testing of the backflow devi ce shall be the responsibility of the property owner. Amendments Di smissals Motion E . STAFF REPORT AND OTHER BUSINESS F. ADJOURNMENT CEB Agenda Page I of I A. CALL TO ORDER CODE ENFORCEMENT MINUTES MEETING OF SEPTEMBER 4, 2014 Chairperson Speer called the regular meeting of the Code Enforcement Board to order at 7:00p.m. B. ROLLCALL a. Board Members MEMBERS PRESENT Dennis Duncan Russell Glatt Dwayne Speer Mary Gutierrez C. ADOPTION OF MINUTES: MEMBERS ABSENT Daniel Gottschalk Board Member Gutierrez moved, seconded by Board Member Glatt, that the minutes of the August 7, 2014 meetings be approved as mailed. The motion carried unanimous ly. D. DETERMINATION HEARINGS: Chairperson Speer 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 a lleged 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 Speer as ked the audience if there were any obj ection s to any Board Member hearing any matter. There were no objections. All City staff, respondents and witnesses who wi shed to provide te stimony before the Board were sworn to truthfulness. b . Hearings Scheduled Chairperson Speer advised that the Board was now ready to proceed with the hearings and asked the City to begin pre se ntation of the cases to be heard. i. City of Pasco vs. Woods, Rigel, case number CEB2014-1901, for the property located at 612 Road 38 Troy Hendren, Ins pection 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 install and maintain an approved backflow prevention assembly. In 2013, a violation occurred when the property owner failed to complete an annual test. The violation ha s not been corrected at thi s time. A new press ure vacuum breaker was installed , however, the pressure vacuum breaker was installed but did not meet the criteria for a Washington State approved 09042014 CEB Minutes Page 1 of2 backflow assembly. What was installed was a pressure vacuum breaker that has never been is s ued through the University of Southern California Foundations for Hydraulic Research and Cross-Connection Control for an evaluation and use for that purpose. Currently that pressure vacuum breaker remains attached to the underground sprinkler system, which is connected to the City's drinking water. Because it is not an approved assembly and doesn't meet the criteria for use in Washington State, it is considered to be unapproved and cannot provide the backflow prevention that is required . The City of Pasco recommended the property owner pay $45 for a process server, $200 for the repeat penalty and be given I 0 days to correct any remaining violations or pay a penalty of $100 per day for 10 days. If unresolved after 10 days, the City will cut off the water at this property. Seneca Hollenbaugh, 612 Road 3 8, 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 Duncan further moved, seconded by Board Member Gutierrez, that a penalty of $45 be paid for the use of a process server, $200 for the repeat penalty and be given 14 days to correct any remaining violations or pay a penalty of $100 per day for 10 days . The motion carried unanimou s ly. Board Member Duncan moved , seconded by Board Member Gutierrez, that the water se rvice be terminated on thi s property in 20 days if an approved backflow prevention assembly has not been installed. The motion carried unanimou sly . c. Amendments d. Di s missals i. Citv of Pasco vs. Myricks, Dupree, case number CEB2014-1524, for the property located at 2219 E. Alvina Street e. Motion Board Member Speer made a motion to approving Resolution No. 2014-009 as amended , Board Member Glatt seconded. The motion carried unanimous ly. 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 Speer at 7:27.m. ~>:b ~¥r Krystle Shan s, A mm1strat1ve ss 1stant Community & Economic Development 09042 014 CEB Minutes Page 2 of2 MEMORANDUM August 28, 2014 TO: Rick White, Director, Community & Economic Development FROM: Krystle Shanks, Administrative Assistant II Community & Economic Development SUBJECT: Code Enforcement Activity Reports Reports for the Month of August, 2014 Please find attached copies of the Code Enforcement Activity Reports for the month of August: (1) CEB Resolution 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, August, 2014 This report lists all inspections performed by individua l staff for the month. To be counted as an "inspection" a written "correction notice" must have been issued as a result of the initial inspection. (3) Pasco Rental License Program This report tracks progress in the annual licensing of rental units. Distribution: Dave Zabell, City Manager Stan Strebel, Deputy City Manager Troy Hendren, Inspection Services 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 Development Staff Code Enforcement Board CITY OF PASCO CODE ENFORCEMENT BOARD RESOLUTION RESOLUTIONNO. 2014 -9 A RESOLUTION finding that code violations have been corrected and may be dismissed without penalty, deferring action on certain cases pending proper notification, accepting voluntary correction agreeme nts , and assessing pena lties on certain cases. WHEREAS, the City of Pasco has found that there exist conditions on certain properties that constitute violations of the Pasco Municipal Code; and WHEREAS, the Code Enforcement Board has the authority to affirm , dismiss, or modifY notices of civil violations issued by the City: NOW BE IT RESOLVED BY THE CODE ENFO RCEM EN T BOARD OF THE CITY OF PA SCO; That the following cases be dismissed without penalty: Service ~ QIDJy CEB2013-2853 ROBERTS & AMBER D GIDEON CE B2013 -2888 JAIME A VARGAS CE B2014-0017 WENDE£ & ANDREW BODNAR CEB20 14-0145 FLORA YTON 2 LL C CEB20 14-0208 MACARIO LOPEZ CEB20 14-0732 MERCEDES M BASTIAN CEB2014-11 44 GABRIELA L BOGGESS CEB20 14-1 230 ROGERS H & DIANE J BROWN CEB20 14 -1263 JUDY HOOK CEB2014-1362 RICARDO & MARIA D IBARRA CEB20 14-1553 MATTHEW L & LISA M BEATON CEB20 14-1656 OLGA MEND OZA ~ ~ Other Page I of6 Service Repeat llli!i: ~ Dismissed Other CEB20 14-1685 GUI LLERMO & JUANA MONTEJANO CEB2014-19 15 ROMELlA COCKRUM CEB2014-1960 BRIAN J & JENNIFER L GORDON CEB20 14-1963 ANGELICA ZEPEDA CEB2014-1966 JERAMY SANTOS CEB20 I 4-1992 STEALTI~ DEVELOPMENT fNC CEB2014-1994 BEN SHAW CEB2014-1998 CHRISTOPHER A & KELSIE M CULVE CEB20 14-2025 CECILIO BUENO (ETAL) CEB20 14-2027 JAIME (ETUX) GARCIA City abatement CEB2014-2028 ALEJO AGUILAR MENDOZA (ETUX) CEB20 14-2046 ROSENDO & BERTHA MAGANA CEB2014-2078 ANTONIO & MARIA CHAVEZ CEB20 14-2083 BRAD S GERKEN Be it further reso lved th e fo ll owing peop le wer e not p r oper ly notified of alleged viola tions of t he Pasco Municipal Code a nd hearings fo r th eir cases should be deferred until such times as t hey are properly notified: ~ Repeat l&iJ.y ~ ~ Q.!_bg CEB20 13-1264 JEREMY SERR CEB2014-0015 BRYAN & ERICA DYKEMAN CEB20 14-0144 ELIODOR O CUEVAS LOPEZ Page 2 of6 Service ~ ~ ~ Dismi ssed ~ CEB20 14-0170 FRED NUNEZ CEB2 014 -1507 SEAN ORR CEB20 14-2126 GABRIEL CUEVAS Be it further resolved that the Code Enforcement Board accepts or continues the below listed cases and voluntary correction agreements: Service ~ ~ ~ Dismis sed ~ CE B2012-3195 KATHERINE A DEAN CEB20 13-2865 ADRIAN R RAMIREZ CEB20 13-3 571 BRASETH PROPERTIES LLC CEB2014-0146 JOSEPH T & KELLY J GARDNER CEB2014-1474 JOSE & CYNTHIA FIGUEROA CEB20 14-1645 L YNELL IN GOLIA CEB20 14-1648 FEDIR G BEREZOVSKY CEB20 14-1 66 1 JUSTIN R HENNING --- CEB20 14-1722 MICHAEL & LORI VINCENT (ETA) CEB20 14-1839 RONALD & CAROLYN GRATE CEB20 14-1850 ERASMO & SANTA MEJIA CEB2014-1858 EMMA TORRES KATZ CEB20 14-1865 JESUS JOSE HIGAREDA DIAZ CEB20 14-1869 PA UL COO K Page 3 of6 Service Repeat CEB2014-1878 BRYAN DEFFERDING Daily ~ ~ Ql!w: CEB20 14-1976 BYRON DAH LKE CEB20 14-2066 ROBERT D IR WIN & KAREN CLUBB CEB20 14-2I 17 YELlS E ROJAS CEB20 14-2149 JOSE 0 ORELLANA Be it further resolved that the following cases are now in compliance. However, proper notification of certain people required use of a professional process server and a monetary service penalty of forty-five dollars ($45.00) is assessed in each case therefor; and certain properties and people were found in repeat v iolation of the Pasco Municipal Code a nd a minimum mandatory monetary penalty is assessed for each repeat violation therefor; and certain properties and people were assessed a minimum mandatory monetary penalty of fifty dollars ($50.00) for certain violation(s) of the Pasco Municipal Code therefor: ~ Repeat Daily Monetary Dismissed Ql!w: CEB2014-01 67 DAVID & ADRlANA E SILVA forty-five doll ars ($45} CEB20 I 4-1481 ANA MARIA RAMIREZ-FIGUEROA one hundred dollars (S I 00} CEB20 14-1 485 JAIME GUERRERO on e hundred dollars (S I 00) CEB2014-14 90 MARlA ZAVALA one hundred dollars (S I 00} CEB20 I 4-I 524 DU PREE MYRICKS forty-five dollars ($45) one hundred dollars (S I 00) CEB2014-1535 KIM INGER SOL L one hundred dollars ($I 00) CEB20 I 4-1653 KENT 0 & RACHAEL T SAN DERS two hundred dollars ($200} CEB20 14-1 893 VICTOR & GRlSELDA MARTINEZ (JR forty-five dollars ($45) fifty dollars ($50) CEB20 14-1898 FEDERI CO & AURA ELIZABETH DELG forty-five dollars ($45) two hundred dollars ($200) CEB2014-I 899 DUSTON & GAIL (ETAL) HAMMER.BER forty· five dollars ($45) two hundred dollars ($200} CEB2014-I938 ANTHONY B HOLLICK forty-five dollars ($45) CEB2014-1946 JASON B & KATIE L WHITAKER forty-five do ll ars ($45) Page 4 of6 ' CEB20 14 -1948 NATHAN & EM I LEE DAV IS C EB2014-1 971 ANN SHRUM ~ forty-five dollars ($45 ) Repeat one hundred dollars ($100) llii..!x ~ Dismissed Other Be it further resolved that the following people were properly notified of alleged violations of the Pasco Municipal Code but have failed to appear before the Pasco Code Enforcement Board for hearings on the date prescribed and said alleged violations have not been abated as required or were abated by the City and abatement costs, timeframes for compliance and daily monetary penalties in the amounts not to exceed those established by PMC I 1.02.050 and as may be determined by the Community Development Director are assessed for each civil violation therefor: ~ ~ .QW ~ ~ Q!hg: CEB20 12-32 99 YO LANDA E CABRERA (ETAL) forty-five doll ars ($4 5) fifty dollars ($50) CEB2013-1548 LORENZO B & KRISTIE M CONTRERA fifty dollars ($50) CEB20 14-0019 FRANK W & MARY LOU (S R) LIN DST fifty dollars ($50) CE B2014-0087 STEV EN JAME S BRUMMETT fi fty dollars ($50) CEB2014-1104 DAN IEL EREVIA & J ENNIFE R AMERC R< fi fty dollars ($50) fi fty do ll ars ($50) . , CEB20 14-1 599 IGLESIA EV ANGELICA CRIST! ANA E forty-five dollars ($45) CEB201 4-1 622 JULI E TORRES -CAMPOS forty-five doll ars ($45) two hundred dollars ($200) one hundred doll ars ($1 00) CEB2014-1 636 CYNTHIA R JOHNSON forty-fiv e doll ars ($45) one hundred dollars ($I 00) CEB2014-1 84 9 JOSE GARCIA one hundred doll ars ($I 00) CEB20 14-1886 SPRITZ INC forty-five do ll ars ($45) one hun dred dollars ($I 00) CEB2014-1 892 F ELICIANO B & IREN E S DELGADO fo rty-five dollars ($45) two hu nd red dollars ($200) one hundred dollars (S I 00) CEB2014-1895 JOSE CISNEROS forty-five dollars ($45) one hundred dollars ($100) CEB2014-1 9 19 C HARLES A KU BIK one hundred doll ars ($I 00) City abatement CEB201 4-1922 TRAVIS D RO BB o ne hundred dollars($ I 00) one hund red doll ars ($I 00) CEB201 4 -1 95 4 VICTORIA GALL EGOS forty-five doll ars ($4 5) one hundred doll ars (S I 00) one hundred dollars (S I 00) Page 5 of6 ~ ~ .Qrulx ~ ~ Qlbg CEB2014-1967 MARK L & JAN ELL C ESHLEMAN one hundred dollars ($1 00) one hundred dollars ($I 00) CEB2014-1 996 ALEJANDRO ANJELES (ETUX) two hundred dollars ($200) one hundred dollars ($1 00) CEB2014-1997 MICHAEL G & DARCY A OSWALD one hundred dollars($ J 00) I CEB2014-1999 JE SUS HERRERA one hundred dollars ($100) CEB20 14-2038 MATTHEW(ETAL)BORCHERS two hundred dollars ($200) one hundred dollars ($1 00) CEB20 14 -2039 MAR IA DOLORES PALAC IOS fo ur hundred dollars ($400) two hundred dollars ($200) CEB20 14-2055 MELISSA FLOYD fifty dollars ($50) CEB20 14 -2125 KRYSTAL L (ETAL) GARZA two hundred dollars ($200) one hundred dollars ($I 00) Be it further resolved that th e following people were properly notified of alleged violations of the Pasco Municipal Code and have appeared before the Pasco Code Enforcement Board for hearings on the date prescribed and the Board issued orders therefor: ~ Repeat ltliJ.y ~ ~ Qlb£( CEB2014-190 1 RI GEL WOODS forty-five dollars ($45) two hundred dollars ($200) one hun dred dollars ($100) City abatement Be it further resolved that, pursuant to PMC 11.02.060 (4)(d), any person who fails to collect or accept the certified mail co py of the Board's decision may be required to be served a copy of the decision via professional prqcess server, and all such costs for personal service of the decision are hereby assessed. Total number of cases: 89 ATTEST: Page 6 of6 OFFI CER ~ VIOLATION TYPE ..... Property Nuisances Housing Code Business Licenses Dog Licenses/ Animal Related Rental Inspection/ Corrections RV's/Utility Trailers/ Rec. ~uip. in Streets CASES OPENED MONTHLY TOTAL CASES CLOSED 2014 STATUS REPORT CODE ENFORCEMENT INSPECTION AUGUST Martin B. Debra S. Rosanna J. Scott P. Lloyd c. Jake H . (Public Works) 24 34 55 27 8 0 2 1 0 NA 1 3 8 1 NA 2 0 1 0 NA 132 2 0 0 NA 0 3 0 1 NA 159 44 65 29 NA 18 42 54 41 NA MONTHLY TOTAL ..... 148 3 13 3 134 4 297 155 Note: Counts reflect only code enforcem ent inspections that r esulted in issuance of an initial written Correction Notice . Year to Date ' 618 22 71 1,266 1,321 21 3,239 1,723 MONTH 1/1114 JANUARY FEBRUARY MARCH APRIL MAY JUNE JULY AUGUST SEPTEMBER OCTOBER NOVEMBER DECEMBER TOTALS PASCO RENTAL LICENSE PROGRAM 2014 AUGUST 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 50 2 6,357 188 2 6,357 53 2 6,357 14 2 6,357 10 4 6,357 7 1 6,357 6,357 6,357 6.357 6,357 5,647 19 ESTIMATED NOTICES UNLICENSED ISSUED RENTALS (Remaining) 2,006 1,998 1,926 1,876 1,688 1,635 1,621 1,607 1,599 1,611