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Home My WebLink About02052015 Code Enforcement Board Minutes 02052015 CEB Minutes Page 1 of 3 CODE ENFORCEMENT MINUTES MEETING OF FEBRUARY 5, 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 Mary Gutierrez Dennis Duncan Dwayne Speer C. ADOPTION OF MINUTES: Board Member Duncan moved, seconded by Board Member Gottschalk, that the minutes of the January 8, 2015 meeting 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. Pesina, Dale & Minnie, case number CEB2014-2590, for the property located at 407 W Shoshone Street Troy Hendren, Inspection Services Manager, asked Code Enforcement Officer Debbie Scott to read the case facts into the record. Ms. Scott indicated that the cited violations on this property were PMC 16.04.010 – Expired permit for handicap ramp in front yard, PMC 25.69.040(1) – Possible occupation of recreational vehicles in rear yard, PMC 9.60.030(11) – Dilapidated, unsightly rear fence, PMC 9.60.030(6) – Trash, litter and debris in rear yard and PMC 93.60.030(9) – Vehicle parts stored in rear yard. The property was inspected on August 31, 2014 for violations of the Pasco Municipal Code. Violations were observed and determined to be a second repeat violation. A complaint was received from a state a gency about 02052015 CEB Minutes Page 2 of 3 substandard rental conditions at this location and a correction notice was issued on May 5, 2013 for case number, CEB2013-1682, which was followed with a notice of civil violation for failure to obtain a rental license and failure to schedule a rental inspection. Mr. Pesina signed a non-rental certification stating that he was not renting the property and that it was owner -occupied. The case was closed without any action or penalties. On September 9, 2013 another complaint was received from a different state agency and a repeat notice of civil violation was sent, case number, CEB2013- 3361, for failure to obtain a rental license, large quantity of trash, litter and debris, vehicle parts, vehicle bodies, scrap metal, expired permit for handicap ramp and dilapidated fencing. Upon investigation, it appeared Mr. Pesina had been renting his basement to non-family members with children. After considerable time, his daughter scheduled an inspection of the basement to show all renters had moved and the basement was vacant. A Code Enforcement Board Hearing was conducted and the property owner was ordered to pay $200 for repeat violations, abate existing violations within 60 days with extensions available for work in progress and monthly progress inspections or pay $100 per day for 10 days until compliance had been achieved. Mr. Pesina did not follow through with the inspections or the property cleanup. The daily penalty was assessed and a lien was filed against the property. Another complaint came in from neighboring property owners and upon investigation and second repeat notice of civil violation was issued on October 22, 2014 via process server. The property owner was legally notified on November 24, 2014 of the conditions believed to be a second repeat violation of the Pasco Municipal Code. Based on a final inspection of the property completed on February 4, 2015 the property is not in compliance at this time. The City recommended imposing a service penalty of $45 to reimburse the City for the cost of personal service of the notice, pay $400 for a second repeat penalty and be given 10 days to correct any remaining violations or pay a penalty of $200 per day for 10 days. Patricia Pesina, 821 S Elm Street, Kennewick, spoke on behalf of Dale Pesina on this case. Mr. Pesina was present. CODE BOARD DECISION: Chairperson Gottschalk recused himself from this case due to conflict of interest. Board Member Duncan moved, seconded by Board Member Gottschalk that the actions taken by the City were appropriate and timely. The motion carried unanimously. Board Member Duncan further moved, seconded by Board Member Gottschalk, to impose a $45 fine penalty to reimburse the cost of personal service and give the property owner 90 days to correct the violations on the property or the City will abate the property and a lien will be placed. The motion carried unanimously. ii. City of Pasco vs. Bastian, Mercedes, case number CEB2014-2689, for the property located at 623 N 19th Avenue Troy Hendren, Inspection Services Manager, asked Code Enforcement Officer Debbie Scott to read the case facts into the record. Ms. Scott indicated that the cited violations on this property were PMC 25.78.030(2) – Vehicle repair/storage of parts/repaired items in driveway not permitted and PMC 9.60.030(9) – Vehicle parts and tires stored/located in the front yard. The property was inspected on November 8, 2014 for violations of the Pasco Municipal Code. Violations were observed and determined to be a repeat violation. A previous notice was sent on March 25, 2014 for case number, CEB2014-0732, for vehicle tires, seats and miscellaneous debris, inoperable vehicles, engine parts in rear yard and vehicle 02052015 CEB Minutes Page 3 of 3 repair and storage in the driveway. The property was brought into compliance and the case was dismissed without penalty. A repeat penalty notice of civil violation was issued on November 17, 2014 via certified mail. The property owner was legally not ified on November 25, 2014 of the conditions believed to be repeat violations of the Pasco Municipal Code. Based on a final inspection completed on February 4, 2015 the property is not in compliance at this time. The City recommended imposing a service penalty of $45 to reimburse the City for the cost of personal service of the notice, giving the respondent an additional 10 days to abate the violations or pay a daily penalty of $200 per day for 10 days and imposing a repeat penalty of $400. Mercedes & Brian Bastian, 623 N 19th Avenue, spoke on behalf of this case. CODE BOARD DECISION: Board Member Gottschalk moved, seconded by Board Member Gutierrez that the actions taken by the City were appropriate and timely. The motion carried unanimously 4 to 1 with Board Member Speer dissenting. Board Member Gottschalk further moved, seconded by Board Member Gutierrez, to impose a $400 repeat penalty to be held in abeyance for 12 months to be dismissed if no violations in those 12 months. The motion carried unanimously 4 to 1 with Board Member Speer dissenting. c. Amendments d. Dismissals i. City of Pasco vs. Anjeles, Alejandro, case number CEB2014-2794, for the property located at 2700 E Lewis Street e. Motion Chairperson Glatt made a motion to approving Resolution No. 2015-002 as amended, Board Member Duncan seconded. The motion carried unanimously. E. STAFF REPORT AND OTHER BUSINESS: F. ADJOURNMENT There being no further business before the Pasco Code Enforcement Board, the meeting was adjour ned by Chairperson Glatt at 8:09.m. ______________________________________ Krystle Shanks, Administrative Assistant II Community & Economic Development