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