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HomeMy WebLinkAbout07092015 Code Enforcement Board Minutes 07092015 CEB Minutes Page 1 of 6 CODE ENFORCEMENT MINUTES MEETING OF JULY 9, 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 Dennis Duncan Mary Gutierrez C. ADOPTION OF MINUTES: Board Member Duncan moved, seconded by Board Member Gutierrez, that the minutes of the June 4, 2015 meeting be approved. 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. Evans, Daniels, Edmon & Hazel, case number CEB2014-1913, for the property located at 2610 W Margaret Street Troy Hendren, Inspection Services Manager, asked Code Enforcement Officer Martin Barajas to read the case facts into the record. Mr. Barajas indicated that the cited violations on this property were PMC 25.75.110(1) – Front yard landscaping is dead, PMC 25.75.110(2) – Dry, dead bushes in the front yard and PMC 9.60.030(16) – Weeds over 12 inches tall and very dry are a fire hazard. The property owner contacted staff on April 2, 2015 requesting pictures and asked what was required in which Mr. Barajas stated he did. On May 5, 2015 the property owner called again to let staff know that they were working on their property but they were trying to get some help to do some of the work. The case was continued until the July 07092015 CEB Minutes Page 2 of 6 hearing. Based on a final inspection of the property completed on July 8, 2015 the property is not in compliance with the Pasco Municipal Code. The City recommended giving the respondent an additional 30 days to correct the remaining violations or pay a daily penalty of $50 per day for 10 days. Charvella McGary, 2610 W. Margaret Street, spoke on behalf of this case as the resident living in this home. CODE BOARD DECISION: Board Member Gottschalk moved, seconded by Board Member Duncan that the actions taken by the City were appropriate and timely. The motion carried unanimously. Board Member Gottschalk further moved, seconded by Board Member Duncan, to give the respondent 60 days to correct the remaining violations and if the violations are not corrected in that time impose a daily penalty of $50 per day for 10 days. The motion carried unanimously. ii. City of Pasco vs. McGary, Charvella, case number CEB2015-1554, for the property located at 2610 W. Margaret 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 8.02.190 – Failure to license a dog on site. The property was canvassed in February 2015 and a dog was found on site. No license had been purchased by March 2, 2015 for this violation and was determined to be a first offense violation of the Pasco Municipal Code. A previous correction notice had been sent on May 13, 2013, case number CEB2013-2011 for failure to license a dog on site. A first offense notice of civil violation was issued on June 3, 2015 to the property owners, Edmon and Hazel Daniels. They came to the Code Enforcement Counter and asked that a copy of the notice be sent to their daughter, Charvella McGary. They stated that she knew of the violation but wanted the City to send her the notice. Charvella McGary responded to the notice on June 4, 2015 by phone stating that she was not going to license her dog and wanted to appear at the hearing. Per Ms. McGary’s appointment and appearance at this hearing she received legal notice. The property owners and occupants were legally notified on June 5, 2015 of the conditions believed to be a first offense violation of the Pasco Municipal Code. On July 7, 2015, Ms. Scott spoke with the occupant of 2610 W. Margaret Street and explained in person that if the dog was licensed prior to the hearing the penalty would be dismissed but if she did not license prior to the hearing the case would be heard and the Code Board would make a determination. As Ms. Scott left the property she observed a small black and brown miniature pincher mixed dog on the east side of the property. After running a search of the dog licensing database on July 9, 2015 no license had been purchased. The City recommended imposing a $50 penalty and giving the respondent an additional 10 days to abate the violation or pay a daily penalty of $50 per day for 10 days. Charvella McGary, 2610 W. Margaret Street, spoke on behalf of this case. CODE BOARD DECISION: Board Member Gottschalk moved, seconded by Board Member Duncan that the actions taken by the City were appropriate and timely. The motion carried unanimously. Board Member Gottschalk further moved, seconded by Board Member Gutierrez, to impose an immediate $50 penalty and give 10 days to abate the violation. The motion carried unanimously. 07092015 CEB Minutes Page 3 of 6 iii. City of Pasco vs. Whitehead, William, case number CEB2015-0351, for the property located at 617 Road 34 Troy Hendren, Inspection Services Manager, asked Code Enforcement Officer Alonso Torres to read the case facts into the record. Mr. Torres indicated that the cited violations on this property were PMC 16.04.010 – Temporary accessory structure not allowed, PMC 5.78.010 – No rental license with the City of Pasco and PMC 5.78.020 – All rental units need to be inspected prior to obtaining a rental license. The property was inspected March 26, 2015 and violations were observed. A correction notice was issued on March 26, 2015. A re-inspection of the property revealed that the property was still in violation of the Pasco Municipal Code and a notice of civil violation was issued on April 9, 2015 via certified mail. The property owner was legally notified on April 11, 2015. The case was continued to this meeting to allow the property owner to complete all repairs needed for a rental. Based on a final inspe ction of the property completed on July 8, 2015 the property is not in compliance. The City recommended giving the respondent 10 days to correct any remaining violations or pay a penalty of $50 per day for 10 days. William Whitehead, 617 Road 34, 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, to give the respondent 30 days to abate any remaining violations or pay a penalty of $50 per day for 10 days. The motion carried unanimously. iv. City of Pasco vs. Lopez, Eliodoro, case number CEB2015-1465, for the property located at 5425 W. Court Street Troy Hendren, Inspection Services Manager, asked Code Enforcement Officer Alonso Torres to read the case facts into the record. Mr. Torres indicated that the cited violations on this property were IPMC 302.8 – Inoperative/junk vehicles stored on property, PMC 25.75.110(1) – Dried out and dead vegetation, PMC 25.78.030(4) – Vehicles parked on grass and PMC 9.60.030(16) – Overgrown weeds throughout the property impairing vision at the intersection of Road 56 and Court Street. The property was inspected on May 13, 2015 for violations of the Pasco Municipal Code. Violations were observed and were deter mined to be repeat violations, based on a previous notice sent February 20, 2014, case number CE B2014- 0190. A repeat notice of civil violation was issued on May 18, 2015 via certified mail. The property owner was legally notified May 21, 2015. The City recommended imposing a $200 repeat penalty and giving the respondent 10 days to correct any remaining violations or pay a penalty of $100 per day for 10 days. Catalina & Jesus Chavarria, 5425 W. Court 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 by Board Members Duncan, Gutierrez and Gottschalk with Chairmember Glatt recused. 07092015 CEB Minutes Page 4 of 6 Board Member Duncan further moved, seconded by Board Member Gutierrez, to impose a repeat penalty of $200 and give the respondent 10 days to abate any remaining violations or pay a penalty of $100 per day for 10 days. The motion carried by Board Members Duncan, Gutierrez and Gottschalk with Chairmember Glatt recused. v. City of Pasco vs. Haney, Janice & Grant, case number CEB2015-1530, for the property located at 1912 W. Hopkins 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 violation on this property was PMC 8.02.190 – Failure to license the dog on site. During the city-wide canvassing a dog was located on this property. No license had been purchased by March 2, 2015. This was determined to be a third offense violation of the Pasco Municipal Code. On July 9, 2010 a correction notice was sent to Janice Hart, case number CEB2010 - 1484, stating that a dog was found during the city-wide canvass. This case was closed with no license issued and no contact from the dog owner. On April 26, 2011 a correction notice was sent to Janice Haney, case number CEB2011-0861, stating again that a dog was found on site during the city-wide canvass. This case was closed with no license issued and no contact from the dog owner. On May 13, 2013 another correction notice was sent to Janice and Grant Haney, case number CEB2013-1937, stating that again a dog was found during the city-wide canvass. This case was closed with no license issued and no contact from the dog owner. Because of the number of notices sent to Janice Haney, a third offense notice of civil violation was issued on May 28, 2015 via certified mail. Janice Haney was legally notified on June 1, 2015 of the conditions believed to be a third offense violation of the Pasco Municipal Code. Janice Haney licensed her dog on July 6, 2015 and is now in compliance. The City recommended imposing a $200 penalty for failure to license their dog. Janice Haney, 1912 W. Hopkins Street, 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 by Board Members Duncan, Gutierrez and Glatt with Board Member Gottschalk recused. Board Member Duncan further moved, seconded by Board Member Gutierrez, to impose a penalty of $200. The motion carried by Board Members Duncan and Gutierrez, one no vote from Board Member Glatt and Board Member Gottschalk recused. vi. City of Pasco vs. Arteaga, Elias, case number CEB2015-1548, for the property located at 2407 E. George 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 violation on this property was PMC 8.02.190 – Failure to license the dog on site. The property was canvassed in January and February of 2015 and a dog was found on site. No license has been purchased by March 2, 2015 for this violation and was determined to be a first offense violation of the Pasco Municipal Code. A previous correction notice was sent on June 4, 2013, case number CEB2013-2545, to license the dog found on site. There was no response on this notice, no license and the case was closed. A first offense notice of civil violation was issued via 07092015 CEB Minutes Page 5 of 6 certified and regular mail on May 29, 2015. The notice was returned unclaimed and the notice was served on June 23, 2015 via process server. The property owner was legally notified on June 23, 2015 of the conditions believed to be in violation of the Pasco Municipal Code. Mr. Ortega came to the Code Enforcement Counter on June 29, 2015 and stated that he was not going to license his dog because the licensing fee was too high. When the process server served the notice to Mr. Ortega she observed and documented two dogs on site. A final check of the dog licensing database for this address completed on July 9, 2015 showed that no license has been purchased and this property is not in compliance at this time. The City recommended imposing a $45 fee to reimburse the City the cost of the process service and pay an immediate penalty of $50 for failure to license their dog and be given 10 days to correct any remaining violations, which is licensing the dog or pay $50 per day for 10 days. Elias Arteaga, 2407 E. George Street, 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. Board Member Gottschalk further moved, seconded by Board Member Duncan, to impose a $45 fee to reimburse the cost of a process service and pay a penalty of $50 for failure to license the dog or pay $50 per day for 10 days. The motion carried unanimously. vii. City of Pasco vs. Steele-Chavallo Investment LLC, case number CEB2015-1715, for the property located at Vacant Lot at Shoshone & 17th Avenue Troy Hendren, Inspection Services Manager, asked Code Enforcement Officer Alonso Torres to read the case facts into the record. Mr. Torres indicated that the cited violations on this property were PMC 12.12.080(b) – Overgrown weeds throughout the property and PMC 9.60.030(16) – Overgrown weeds throughout the property. The property was inspected May 19, 2015 for violations to the Pasco Municipal Code. Violations were observed and determined to be repeat violations from a previous notice that was sent on November 10, 2014, case number CEB2014-2563, for overgrown weeds throughout the property. A repeat notice of civil violation was issued on May 20, 2015 via certified mail. The property owner was legally notified May 27, 2015 of the conditions believed to be a repeat violation of the Pasco Municipal Code. Based on a final inspection of the property done on July 8, 2015 the property is in compliance at this time. The City recommended imposing a $200 repeat penalty. Jose Chavallo, 5927 W. Quinault Avenue, Kennewick, 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 by Board Members Duncan, Gutierrez and Gottschalk with Chairperson Glatt recused. Board Member Gutierrez further moved, seconded by Board Member Duncan, to impose a $200 repeat penalty to be held in abeyance for a period of 12 months. The motion carried by Board Members Duncan, Gutierrez and Gottschalk with Chairperson Glatt recused. 07092015 CEB Minutes Page 6 of 6 c. Amendments i. City of Pasco vs. Gomez, Luis, case number CEB2015-1544, for the property located at 2207 W. Pearl Street This case continued to the August 6, 2015 Code Enforcement Board Hearing. d. Dismissals i. City of Pasco vs. Jacobs, David, case number CEB2015-0726, for the property located at 1505 E. Salt Lake Street ii. City of Pasco vs. Betancourt, Rodrigo & Solano, Olivia, case number CEB2015-1540, for the property located at 211 N. Elm Avenue e. Motion Chairperson Duncan made a motion to approving Resolution No. 2015-007 as amended, Board Member Gottschalk seconded. The motion carried unanimously. E. STAFF REPORT AND OTHER BUSINESS: Rick White, Community & Economic Development Director, discussed construction activity in the City of Pasco and the recently annexed properties. F. ADJOURNMENT There being no further business before the Pasco Code Enforcement Board, the meeting was adjourned by Chairperson Glatt at 8:42 p.m. ______________________________________ Krystle Shanks, Administrative Assistant II Community & Economic Development