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HomeMy WebLinkAbout01082015 Code Enforcement Board Minutes 01082015 CEB Minutes Page 1 of 3 CODE ENFORCEMENT MINUTES MEETING OF JANUARY 8, 2015 A. CALL TO ORDER Chairperson Glatt 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 Dwayne Speer Mary Gutierrez Dennis Duncan C. ADOPTION OF MINUTES: Board Member Duncan moved, seconded by Board Member Gutierrez, that the minutes of the December 4, 2014 meetings be approved as mailed. The motion carried unanimously. D. DETERMINATION HEARINGS: Chairperson Glatt 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 Glatt 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 Glatt 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. Orellana, Jose, case number CEB2014-2149, for the property located at 919 W Lewis Street Troy Hendren, Inspection Services Manager, asked Code Enforcement Officer Rosanna Johnson to read the case facts into the record. Ms. Johnson indicated that the cited violations on this property were PMC 17.09.050 – Signage around property which pertains to or advertises any inactive or closed businesses, PMC 25.75.110(1) – Failure to maintain a planting strip with live vegetation and free of weeds and litter, PMC 25.78.090(7) – Weeds and litter throughout the parking lot and planting areas and PMC 9.60.030(16) – Weeds in excess of twelve inches and are dead/dry which pose a fire hazard. 01082015 CEB Minutes Page 2 of 3 The property was inspected on August 14, 2014 for violations of the Pasco Municipal Code. Violations were observed and determined to be repeat violations. On August 16, 2013 a correction notice was issued for failure to maintain a plating strip with live vegetation and failure to keep the property free of weeds. A repeat notice of civil violation was issued on August 20, 2014 via certified mail. The property owner was legally notified on August 23, 2014 of the conditions believed to be repeat violations of the Pasco Municipal Code. On August 26, 2014 the property owner, Mr. Orellana, notified the City that the property was being cleaned up that day and should be completed by August 29, 2014. Mr. Orellana scheduled an appearance at the September 4, 2014 hearing to dispute the proposed repeat penalty. Ms. Johnson stated that she met with Mr. Orellana on the morning of September 4, 2014 to discuss all necessary corrections. At the time of inspection, weeds had been removed but landscaping had not been restored as required. That afternoon, Ms. Johnson called Mr. Orellana regarding his appearance for the Code Board Meeting but he felt he did not need to attend as the weeds were removed. Staff explained that the property still was not in compliance and the hearing would be continued until October 2, 2014. On September 10, 2014 the property owner informed Ms. Johnson that he had met with the City Planner to discuss the landscaping requirements for his business location and that he would be sending a plan prior to the October meeting. On September 29, 2014 he called the Code Enforcement Office requesting to continue the hearing as he didn’t have all of the materials for the landscaping project until October 20, 2014. The case was continued until the November 6, 2014 hearing. An appearance was not scheduled by the property owner for this hearing. Mr. Orellana called on November 6, 2014 to request his appearance but it was too late to schedule and the case was dismissed to December 4, 2014. On November 21, 2014, Ms. Johnson spoke to Mr. Orellana regarding the landscaping as some plant material had been placed but due to the weather it did not survive. Due to the winter weather, Staff offered a voluntary correction agreement which would allow the property owner until spring to have all landscaping improvements completed. A copy was emailed to him on the same day. On December 2, 2014 the property owner called stating that the property was in compliance as he had planted new bushes and installed new lava rock, which is not permitted at commercial properties. He asked for more time to which Ms. Johnson told him that she could only grant further continuation if he would sign a voluntary correction agreement. Ms. Johnson advised that she would inspect the property on December 3, 2014 prior to the hearing to inspect the improvements that he had made. He was not willing to sign the agreement and was not able to attend the hearing on December 4, 2014. The case was continued to January 8, 2015 and an appearance was scheduled. On December 18, 2014, Ms. Johnson received a phone call from Mr. Orellana’s assistant from his office requesting the hearing be delayed until late spring. Ms. Johnson advised her that she had already continued the case multiple times and no further extensions would be granted. She also advised his assistant that he could still attend that January hearing to dispute the penalty. Based on the final inspection of the property completed on January 7, 2015, the property is not in compliance. The City of Pasco recommended to give the respondent an additional ten (10) days to abate the violations or pay a daily penalty of one hundred dollars ($100) per day for ten (10) days and to impose a repeat penalty of two hundred ($200) dollars. Jose Orellana, 919 W Lewis Street, spoke on behalf of this case. CODE BOARD DECISION: Board Member Gutierrez 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 Duncan, to impose a $200 repeat penalty and require the property owner to sign a voluntary correction agreement by January 9, 2015 or the property must be in compliance within 10 days or pay a penalty of $100 per day for 10 days. The motion carried unanimously. 01082015 CEB Minutes Page 3 of 3 c. Amendments d. Dismissals e. Motion Board Member Duncan made a motion to approving Resolution No. 2015-001 as amended, Board Member Gutierrez seconded. The motion carried unanimously. E. STAFF REPORT AND OTHER BUSINESS: Rick White, Community & Economic Development Direct, gave an end of year report stating there was $163 million of permitted construction, $130 million assessed value and $29 million went to 3 new schools. F. ADJOURNMENT There being no further business before the Pasco Code Enforcement Board, the meeting was adjourned by Chairperson Glatt at 7:58 p.m. ______________________________________ Krystle Shanks, Administrative Assistant II Community & Economic Development