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HomeMy WebLinkAbout03052015 Code Enforcement Board PacketDATE: TO: FROM: MEMORANDUM February 26 , 2015 Troy Hendren Inspection Se Communit e ger onomic Development SUBJECT: CEB Determination Hearing March 05,2015 Distribution D Duncan D Gottschalk D Speer M Gutierrez R Glatt I am writing to confirm that the Code Enforcement Board will meet March 05, 2015 at 7:00p.m., in Pasco City Council chambers . Please find attached the following : (1) An agenda for March 05 , 2015 ; (2) Minutes of the previous CEB meeting; (3) Code Enforcement Activity Reports for January. If you have any questions, please call (509) 543-5743. TH 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, Alonso Torres Cross Connect Specialists: Lloyd Coughlin, Jake Hickman Angela Zilar, Tri-Cities Animal Control A. CALL TO ORDER B. ROLL CALL a. Board Members Pre sent C. ADOPTION OF MINUTES D. HEARINGS a. Adm inistration of Oaths b . Hearing s Schedu led No hearings scheduled c. Amendments d. Dismi ssa ls e. Motion Agenda for the Code Enforcement Board of the City of Pasco, Washington March 5, 20 15 at 7:00pm E. STAFF REPORT AND OTHER BUSINESS F. ADJOURNMENT Page l o f l A. CA LL TO O RD ER C ODE ENFORCEM ENT MINUTES M EETING O F FEBRUARY 5, 2015 C ha irperso n G latt ca ll e d th e regul a r meet ing of t he Cod e En fo rceme nt Board to o rder at 7:00p.m . B. ROLLCALL a. Board Membe rs MEMBE RS P RE SENT Da ni e l G o ttsch a lk Ru ssell Glatt M ary G ut ie rrez Denn is D uncan Dwayne Speer C . ADOPTION OF MI NUTES: MEMBERS ABSE NT Board Member Dun can m oved , seconded by Board Mem ber G ottschalk, t hat th e m inutes of th e Jan uary 8, 20 15 m eetin g be a p p roved as ma il ed. The moti o n carri ed una ni mous ly. D. D ET ER M INATI ON HEA R INGS: C h a irpe rson G la tt expl a in ed th e p roced ure a nd purpose fo r t he meeting , n otin g that the C ity o f Pa sco was the Peti t io ne r a nd p ro pe rty owne r s a nd th e ir a uth o ri zed re pre sentati ve s w ho had appeared to d iscu ss t he alleged v io la ti o ns of th e Pasco Muni c ip a l Cod e were th e R es po nd e nt s. a. Adm ini stratio n of Oaths T roy He nd ren, In spection Se r v ices Ma nager, asked that a ll C ity staff, res pondents and a ny w it nesses w ho h a d appeare d t o offe r testimo n y before t he Board be sworn to truth fu lness . Cha irper son G latt as k ed t he a udi ence if t he re were any objections to a ny B o ard Member hearin g any matte r. T h e re were n o obj ectio n s. A ll City staff, respo nde n ts a nd witnesses w h o w is h e d t o p rov id e t estimony be for e t he Bo ard were sworn t o truthf ul ness. b. Hear in gs Sched ul ed C h a irperson G la tt a d v ised tha t the Board was now read y to proceed w ith t he hearin gs a nd asked th e C ity to begin presenta ti o n o f t he cases to be h eard. 1. C ity of Pasco vs. Pesina, Dale & Minnie, case numbe r CEB201 4-2590, for the property located at 407 W Shoshone Street T roy Hendren, In spection Serv ices Manager, asked Code E nforce me nt Officer Debbie Scott to read t he case facts into th e record. M s. Scott indicated th at th e c ited v io latio ns o n t hi s property were PMC 16.04.0 I 0 - Exp ired perm it for ha nd icap ra m p in f ro nt yard , PMC 25.69.040( I)-Possib le occu patio n o f recreational ve h ic les in rear y ard , PMC 9.60 .030( I I)-Dil ap idated, un s ig ht ly rear fe nce, PMC 9.60.030(6)-T ras h, litter and debris in rear yard an d PMC 93 .60 .030(9)-Vehi c le p arts s t ored in rear yard. T he pro perty was in specte d on A ug ust 3 I , 2 01 4 for v io latio ns o f t he Pasco Mun icipal Code. V io latio ns we re observed and determin ed to be a secon d repeat vio latio n . A com p lai nt was rece ived from a s ta te agency a bo ut 0205 20 15 CEB Minutes Page 1 o f3 s ubstandard re ntal cond iti ons at th is locati o n and a correction notice was issu ed o n May 5, 2013 for case number, CEB20 13-1682, w hi c h was fo ll owed w it h a n otice of civil violati on fo r failure to o bta in a re nta l li cense and fa il ure to schedule a re nta l in s pection . Mr. Pesin a s igned a no n-rental cettifi cation stating th a t he was not re nt ing the property and tha t it was owne r-occu pied. T he case was c losed w itho ut a ny acti o n o r pe nalties. O n Sept ember 9 , 20 13 another complain t was received fro m a d iffe rent s tate agency a nd a repeat notice of c iv il viola ti on was sen t , case nu m ber, CEB20 13- 3361, f o r fa ilure t o obtai n a re nta l li cense, large quantity of trash, l itter a nd debri s, ve h ic le parts, veh ic le bodies, scrap meta l, expired permit for handica p ramp a nd d il ap idated fencing. Upon in vestigatio n, it appeared Mr. Pes in a had been re nting hi s bas ement t o no n-fami ly members with chi ldren. After con s id erabl e tim e, hi s dau g hter sch edule d an in spection of th e ba seme nt to s how a ll re nte rs had m oved and the basement was vaca nt. A Code Enforcemen t Board H ea rin g was cond ucted and th e propetty own e r was o rdered to pay $200 for repeat v io lati o ns, abate ex istin g v io lations w ithi n 60 days with extensions avai lab le for work in progress a nd m o nt hl y progress ins pec ti ons o r pay $100 per da y for I 0 days unti l com p lian ce had been achi eved . Mr. Pesina did n o t fo ll ow through with the in s pectio n s o r th e propetty clea nup . T he dai ly pena lty was assessed and a li e n was ti led against the pro p e rty. Anoth e r com plai nt came in fro m ne ig h borin g p roperty owners a nd upon investigation and second repeat noti ce of c ivil v io latio n was issued o n October 22, 2 0 14 via process server. The property owner w a s legall y not ifi ed o n Novembe r 24, 2 0 14 of the condi t ions b e l ieved to be a second re pea t v io latio n of t he Pasco Mu ni c ipal Code. Ba sed o n a fin al in s pection o f the p ro petty completed o n Febru ary 4 , 2 015 th e pro perty is n o t in comp li a nce at thi s ti me. The C ity recommended imposin g a s erv ice penalty of $45 t o reimburse th e City fo r t he cost of persona l service of th e notice, pay $400 for a second repeat pen a lty and b e given I 0 da ys to correct a ny remaining v iol ati o n s o r pa y a pe na lty of $200 pe r d ay fo r I 0 d ays. Patri c ia Pes in a, 821 S E lm Street, K en new ic k, s poke o n b e ha lf of D a le Pesin a o n t h is case. M r. Pes in a was present. COD E BOARD DEC IS ION: C ha irperso n Gottscha lk rec used himse lffrom this case due to con flict of interest. Board Mem ber Dun can moved , seconde d by Board Member Gottscha lk that the acti o ns ta ken by th e C ity were appropriate a nd tim e ly. T he m o ti o n carri e d unan imous ly . Board Member D un ca n f urther moved , second ed by Bo ard M e mbe r Gottschalk, to im pose a $4 5 ti ne pe na lty to re imburse the cost o f person a l se rv ice a nd give t he property own e r 9 0 days to cor rec t th e v io la ti o n s o n the property or th e C ity wi ll a ba te th e pro perty an d a l ie n wi ll be p laced. T he motion carri ed un a nimo us ly. ii. C ity of Pasco vs . Bastian, Mercedes, case number CEB2014-2689, for t he propertv located at 623 N 19 111 Avenue Troy He ndre n, In specti o n Serv ices Manager, a s k ed Cod e Enforceme n t Officer Debbie Scott t o read th e case facts in to t he record. M s . Scott ind ica ted that the c ited v io la ti ons on t hi s property were PM C 25.78.030(2) -Vehicle re pa ir/s to rage of patts/re pai red ite ms in driveway not perm itted a nd PMC 9.60.030(9)-Vehic le parts a nd t ires s to re d/locat ed in t he fro nt ya rd . The propetty was in specte d o n Novem ber 8, 2014 fo r v io lat ions of th e Pasco M unicipal Code. Vi o la tion s were o bserved and d etermin ed to be a re peat v io lat io n . A previo us no ti ce wa s sent o n Marc h 25, 2 0 14 fo r case num ber, CEB20 14 -07 32, fo r vehi c le tires, seat s a nd m isce ll aneo us d e br is , in opera b le vehi cles, e ng ine parts in rear yard a nd ve h icle 02052 0 15 CEB M inut es Page 2 ofJ repair and storage in th e driveway. The pro perty was brought into comp liance a nd the case was dismissed w ithout penalty. A re peat penalty n o ti ce of c ivi l viola ti on was issued o n November 17, 20 14 v ia certified mail. The property owne r was legall y noti fied on Novem be r 25, 2014 o f th e conditio ns believed t o be repeat v io lati o ns o f the Pasco Municipa l Code . Based on a fin a l in s pectio n com p leted o n February 4, 2 01 5 the property is no t in com pl ia n ce at t hi s t im e. The C ity recommended impos in g a servi ce penalty o f $45 to re im burse th e C ity for the cost o f person a l serv ice of the notice, giv in g the re s pondent an addit io na l 10 da ys to abate the vio lat ions o r pay a d a il y penalty of $200 p e r day fo r 10 days a nd impos in g a repeat penalty of $4 00. M ercedes & Bria n Bastia n, 623 N 19111 Ave nu e, spoke on be hal f o f t hi s case. CO DE BOARD DEC IS ION: Board M e mber Gottschalk moved , seco nd ed by Board Member G ut ierrez that the act io ns take n by the C ity were a ppropri ate a nd time ly. The motion carri ed un a ni mous ly 4 to 1 w it h Boa rd Me mber S peer di ssenting. Boa rd Mem be r Gottscha lk furthe r moved, seconde d by B oard Member Gutierrez, to im pose a $400 repeat penalty to be he ld in abeyance for 12 months to be dismissed if no v iolations in those 12 m o nth s . The m o ti o n carr ied unanimo us ly 4 to I w ith Bo ard Mem ber Speer dissentin g. c. Amendm e nts d. Di s mi ssals i. C ity of Pasco vs. Anjeles, Alejandro, case number CEB2014-2794, for the property located at 2700 E Lewis Street e . Mo ti o n C ha irp e rso n Glatt m a d e a motio n to a pprovi ng Reso luti o n No. 2015-002 as a m ended , Board Member Du nca n seconded. The moti on carri ed un a nimously . E. STAFF R EPOR T AN D O TH ER BUSINESS: F. A DJ OURNMENT Th e re be in g no further business before th e Pasco Cod e Enforcement Board, t he meet in g was adj o u rned by C hairperson G latt at 8 :09.m. Kryst le S h ~nk s, Adm ini strative Assistant II Communi ty & Economic Deve lopment 02052015 CEB M inutes Page 3 ofJ MEMORANDUM Febraury 26, 2015 TO: Rick White, Director, Community & Economic Development FROM: Troy Hendren, Inspection Services Manager Community & Economic Development SUBJECT: Code Enforcement Activity Reports Reports for the Month of January, 2015 Please find attached copies of the Code Enforcement Activity Reports for the month of January: ( 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, January, 2015 This report lists all inspections performed by individual 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. 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 RESOLUTION NO. 20 15 -I A RESOLUTION fmdin g that code violations have been corrected and may be di smissed without penalty, deferring action on certain cases pending proper notification, accepting volunt ary correcti o n agreements, and assessing penaltieo on certain cases. WHEREAS, the City of Pa sco has found that there exist conditions on certain properti es that constitute violations of the Pasco Municipal Code ; and WHEREAS, the Code Enforcement Board bas the authority to affirm, dis mi ss, or modify notices of civil violations issued by the City: NOW BE IT RESOLVED BY THE CODE ENFORCEMENT BOARD OF TH E C ITY OF PASCO; That the following cases be dismissed without penalty: Service ~ !2l!i..!x CE B20 13-0203 CORNE LIO & MARCELA CE LESTINO CEB20 14-2299 GA RY FOUST CEB20 14 -2433 STEVEN SHANE & MELANIE J ALTO CEB20 14 -2440 FILIBERTO E CASTORENA CEB2014 -2 459 LEE LIVING TRUST CEB2014-2462 AURORA GU ICE-LOPEZ CE B20 I 4-24 70 SPARK S FAM ILY RENTALS LLC (ETA CEB20 14 -25 13 JUAN LOPEZ CE B20 14-2537 BRENDA R AREVALO CE B20 14 -25 43 VARS ITY DE VELOP MENT LLC CE B2014 -2676 RJ CARDO & ROSA M CANTU CE B2014-270 1 KOBL Y AN INVE STMENTS LLC Monetary Dismissed Other Page I of4 ~ ~ Daily M2!!llin' Di smissed Other C£82014-2728 RANDY A & ELI ZABETH K CO RNELI US CEB2014 -274 1 Ml T IERRA REAL ESTATE JNVESTMENl Be it further resolved the following peo ple were not properly notified of a lleged violations of the Pasco Municipal Code a nd hearings fo r their cases sho uld be deferred until such times as they are properly notified: ~ ~ 1&ili: ~ ~ Other C£820 14-01 70 FRED NUNEZ CEB 20 14-2103 JOSE PH R CO LUNGA CEB20 14-2463 GREG A & LORJ A WALLACE CEB20 14-2564 JOSE P & £SPERANZA ORELL ANA CE B2014-2615 ARTEM IO R GUTIERREZ (ETUX ) CE B20 14-2622 IM ELDA C SAMAN IEGO CE B20 14-2665 LE E A & LYNN E M. EICKMEYER CEB20 14-2831 JOSE M GUZMAN CE B20 14-2836 YE Ll S E ROJ AS Be it further resolved that the Code Enforcement Board accepts or continues th e be low li sted cases and vo luntary correction a greem ents: ~ ~ .QIDJy ~ ~ Q!her CE B201 3-2865 ADRIAN R RAMIREZ CE B20 14-1 668 SOHAL DEVELOPMENT LLC CE B20 14-1842 ANTONIO J & KRI STINA A MONTEZ CEB2014-2298 JOE E & ELLI A (JR) VALDEZ CEB20 14-23 19 BEN SHAW CEB20 14-2590 DAL E & MINN IE PESINA Page 2 of 4 Service R eoeat Dailv Monetary Dismissed Other CE820 14-2635 JAIME REBOLLEDO (ETAL) CE820 14-2720 JAMES D MULLINS & TRAVIS MULLINS CE820 14-272 1 JAMES D MULLINS CE820 14-2769 SPRJTZ INC CE820 14-2770 ANDRES & JUANITA POSADA CE820 14-2794 ALEJANDRO ANJELES (ETUX) CE820 14·2815 JULIAN SALINAS CE820 14·2823 RU8YTSOTO 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 t herefor; and certain properties and people were found in repeat violation of the Pasco Municipal Code and 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 certa in violation(s) of the Pasco Municipal Code therefor: Service ~ l&i!y Mmlliary Dismissed Other CE820 14-2208 SANDRA SAWYERS two hundred dollars ($200) CE820 14-2455 DEANA R & JEFFREY K FULLER forty-live dollars ($45) CE820 14-2487 GUILLERMO & GUADALUPE D OLIVER forty-live dollars ($45) CE820 14-2617 MIGUEL A MIRANDA forty-li ve dollars ($45) CEB20 14-2688 PATRICK JOHNSON four hundred dollars ($400) 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 a bated 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: Service Repeat Daily Monetary Di smissed Other CE82014-1873 AUGUSTIN (ETUX) HERNANDEZ one hundred dollars ($100) C£820 14-1980 KURT & CAMILLA LOCKARD fi fty dollars ($50) CEB20 14-2099 MATTHEW F THRELFALL fi fty dollars ($50) Page 3 of 4 Service ~ Qillh Monetary Dismi •sed Other CEB2014-2396 JUAN G (ETUX) BARAJAS forty-fi ve dollars ($45) six hundred dollars ($600) three-hundred doll a rs ($300) C it y abate ment CEB20 14·2397 JUAN G BARNAS forty-five dollars ($45) four hundred dollars ($400) two hundred dollars ($200) C ity abatement CEB2014-2490 AS HL EY JOHNSON & TWEED STEADMiforty-five dollars ($45) fifty do ll ars ($50) CEB20 14 ·2535 JEREMY W & M ICHELLE L STOUT forty-five dollars ($45) fifty dollars ($50) fifty dollars ($50) CEB20 14 ·2628 JESUS (ETAL) GARCIA two hundred dollars ($200) one hundred dollars ($1 00) CEB2014·2677 IGLESIA EV ANGELICA CRISTIANA E ninety dollars ($90) two hu ndred dollars ($200) one hundred dollars ($1 00) CEB20 14-2738 GERARDO PEREZ forty· fi ve doll ars ($45) two hun d red dollars ($200) one hundred dollars ($1 00) CEB2014-2833 KEL SEY K BITTON two hu ndred dollars ($200) one hundred dollars (S I 00) Be it further resolved that the following people were properly notified of a lleged violations of the Pasco Municipal Code and have appeared before the Pasco Code Enforcement Board for hearings on the date prescribed and the Board is sued orders therefor: ~ ~ l2lillx M2nllirY ~ ~ CEB20 14-2149 JOSE 0 ORELLA NA two hun dred dollars ($200) one hundred dollars ($1 00) Be it further reso lv ed that, pursuant to PMC 11.02.060 (4)(d), any person who fa ils to collect or accept the certified mail copy of the Board's decision may be required to be served a copy of the decision via professional process server, and all such costs for personal service of the decision are hereby assessed. Total number of cases: 54 'Code Enforc ement Board of the City of Pasco on January 8, 201 5. ~ Page 4 of4 STATUS REPORT CODE ENFORCEMENT INSPECTI ON JANUARY 2015 LLOYD/ MONTHLY PREVIOUS OFFICER MARTIN DEBRA ROSANNA MONTH YEAR YEAR TO DATE JAKE TOTAL TO DATE VI OLATION TYPE Public Nuisance 4 5 6 9 1 61 0 61 Business Licenses 1 2 0 NA 3 0 3 Rental Licenses 1 7 0 NA 8 0 8 Dog Licenses 1 3 0 NA 4 0 4 Animal Nusiances 2 1 0 NA 3 0 3 Rental Inspections 51 6 260 NA 317 0 317 Vehicles Tagged 0 0 1 NA 1 0 1 CASES OPEN MONTHLY TOTAL 101 25 270 NA 396 0 396 CASES CLOSED MONTHLY TOTAL 16 20 19 NA 55 0 55 --- Note: Count s r e fl ect only Cod e Enforcem e n t Ins p ect ions t h at r e su lte d in an issu a n ce o f a n init ia l w ritten Correc ti o n Notice .