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HomeMy WebLinkAbout08062015 Code Enforcement Board MinutesCODE ENFORCEMENT MINUTES MEETING OF AUGUST 6, 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 Russell Glatt Dennis Duncan Dwayne Speer MEMBERS ABSENT Daniel Gottschalk Mary Guttierez C. ADOPTION OF MINUTES: Board Member Duncan moved, seconded by Board Member Speer, that the minutes of the July 9, 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. Torres, Cathy, case number CEB2015-2690, for the property located at 1720 W Yakima 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 25.28.020(1) — Property is zoned R-1 allowing only one dwelling unit, PMC 25.69.040(1) —Occupied trailer in rear yard, PMC 25.78.140 — Recreational vehicle in rear yard is stored on an unapproved surface, PMC 5.78.010 — No City of Pasco business license for this rental property and PMC 5.78.020 — Certificate of habitability has not been submitted for this rental property and a passing certificate must be submitted or an inspection conducted prior to issuance of a rental license. On August 4, 2014 a correction notice was 08062015 CEB Minutes Page 1 of 3 issued under case number, CEB2014-2075, to Cathy Torres for an occupied trailer in her rear yard and a trailer stored on an unapproved surface. After no response, a notice of civil violation was issued on March 5, 2015. An inspection of the premise was conducted on March 26, 2015. The trailer was not provided with electricity, water or sewer hookups, did not appear occupied at that time and gravel had been laid down beneath it. The case was closed as in compliance, however, the code enforcement officers had not been allowed access into the trailer as Ms. Torres stated she did not have a key. On July 16, 2015 Ms. Johnson drove by this property while responding to another code violation and noticed that the trailer was still in the rear yard. Ms. Johnson stated that she took photos of the trailer because it appeared that it may be occupied. On July 17, 2015 an email was sent to Code Enforcement and the Pasco Police Department confirming that people were living in the trailer and it appeared that the owner was renting out the garage after being dispatched this address for a complaint. Based on police notification a repeat notice of civil violation was on July 20, 2015. The property owner was legally notified via certified mail on July 25, 2015 of the conditions believed to be repeat violations of the Pasco Municipal Code. On July 29, 2015, Ms. Torres called stating that her son abandoned the trailer at her house and there had been men staying in it from time to time between traveling to work in Walla Walla. She stated that the garage is not rented out and that she and her daughter use it to hang out. Ms. Johnson notified Ms. Torres that the garage cannot be used as habitable space and trailers cannot be used as sleeping outside of a recreational park and an inspection would need to be conducted. On July 31, 2015, Ms. Johnson met with Ms. Torres at her property to verify that the trailer had been removed from the property and been preciously stored on gravel. The garage did not appear to be used for living purposes at the time. Based on the final inspection on the property completed August 1, 2015 the property is in compliance at this time. The City of Pasco recommended the respondent pay $200 for a repeat penalty. Cathy Torres, 1720 W. Yakima Street, and David Swentik, 1932 W. Hopkins, spoke on behalf of this case. CODE BOARD DECISION: Board Member Duncan moved, seconded by Board Member Speer that the actions taken by the City were appropriate and timely. The motion carried unanimously. Board Member Speer further moved, seconded by Board Member Duncan, to impose a repeat penalty of $200 to be held in abeyance for 12 months and dismissed if no further violations. The motion carried unanimously. c. Amendments d. Dismissals L City of Pasco vs. Khanna Inc, case number CEB2014-1520, for the property located at 1520 N Oreeon Avenue ii. Citv of Pasco vs. Lopez, Humberto & Maria, case number CEB2015-2166, for the property located at 520 S Elm Avenue iii. City of Pasco vs. Marsh, Richard, case number CEB2015-2196, for the property located at 5515 Cleveland Lane e. Motion Chairperson Duncan made a motion to approving Resolution No. 2015-007 as amended, Board Member Gottschalk seconded. The motion carried unanimously. 08062015 CEB Minutes Page 2 of 3 E. STAFF REPORT AND OTHER BUSINESS: ADJOURNMENT There being no further business before the Pasco Code Enforcement Board, the meeting was adjourned by Chairperson Glatt at 7:20 p.m. Krystle Shanks, Administrative Assistant II Community & Economic Development 08062015 CEB Minutes Page 3 of 3