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HomeMy WebLinkAbout10012015 Code Enforcement Board PacketMEMORANDUM DATE: September 24,2015 TO: Code Enforcement Boar FROM: Troy Hendren Inspection Services nager Community & Economic Development S U BJECT: CEB Determination Hearing October 01 ,2015 Distribution D Duncan D Gottschalk D Speer M Gutierrez R Glatt I am writing to confirm that the Code Enforcement Board will meet October 01, 2015 at 7:00p.m., in Pasco City Council chambers. Please find attached the following: ( 1) An agenda for October 01, 2015 ; (2) Minutes of the previous CEB meeting; (3) Code Enforcement Activity Reports for August. 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 Specialist: Jake Hickman Angela Zilar, Tri-Cities Animal Control A. CALL TO ORDER B. ROLLCALL Board Members Present C. ADOPTION OF MINUTES D. HEARINGS Adminis tration of Oaths Hearings Scheduled Agenda for the Code Enforcement Board of the City of Pasco, Washington October 01 ,2015 at 7:00pm CEB2015-2101 4606 SEVILLE DR-JOSSIMAR SOLORZANO, owner Debbie Scott, Code Enforcement Officer D escription: FAILURE TO RENEW THE 2015 DOG LICENSE PMC 8.02.190 (1) Violation: All dogs over seven (7) months of age must be licen sed with the C ity of Pasco . (2) Corrective Action: License all dogs over the age of seven (7) month s with the C ity o f P asco (please call (509) 545-3488 for more information). CEB2015-2739 716 W CLARK ST-DEBORAH D ENG, owner Debbie Scott, Code Enforcement Officer Description: BASEMENT BEDROOMS BEING SUBLET/RENTED OUT CONTRARY TO LAW AND SINGLE FAMILY USE BY RENTER ELIZABETH GARCIA. IPMC 108.1.4 (1) Violation: Allowing a structure that is found in whole or in part to be occupied by more person s than permitted unde r thi s code, or was erected, altered or occupied contrary to law. (2) Corrective Action : Overcrowding of the structure mu st stop and p ermit s must be obtained from the C ity of Pasco Building Department (509-543-5726) for all alterations to any existing structure and construction of any new structure or the unpermitted alterations/structures must be removed. Any unpermitted occupancy mu st cease a nd the structure must be vacated. Description: NO RENTAL LICENSE ON FILE FOR THIS SINGLE FAMILY RENTAL. PMC 5. 78. OJ 0 (1) Violation: RENTER IS ELIZABETH GARCIA & FAMILY A C ity of Pasco rental licen se is required for all rental dwelling unit(s). (2) Corrective Action: Obtain a C ity of Pasco rental li cense. Ca ll (509) 545-3402 for more information or visit the City of Pasco website http://www.pasco-wa.gov/816/Rentai-Dwelling-License and download the rental licen se application. D escription : NO INSPEC TION DONE OR SCHEDULED. PMC 5. 78.020 (I) Violation: A certificate of in spection is required to be submitted to the City for all rental dwelling unit(s). CEB Agenda Page I of3 (2) Con·ective Action: Submit a certificate of inspection for the rental dwelling unit(s) (call (509) 543-5743 to schedule a habitability inspection or submit an approved HUD inspection report). Description: PER BASIN DISPOSAL SERVICE WAS STOPPED FOR NON-PAY (REPEAT) PMC 6.04.090 (1) Violation: Lack of required garbage service through Basin Disposal Inc. (service is required for all occupied re sidences and bus ines ses within the City). (2) Corrective Action: Start or restart garbage service (please call Basin Disposa l Inc . at (509) 547-2476). CEB2015-2850 3706 ARTESIA DR-CHRISTOPHER KING, owner Rosanna Johnson, Code Enforcement Officer Description: Weeds in excess of 12 in ches and enroaching on neighboring properties. (REPEAT) PMC 9. 60.030 (16) (1) Violation: Weeds, noxious weeds, grass, and other vegetation which constitutes a fire hazard, encroaches on sidewalks or neighboring properties, is damaging public improvements, impairs the vision of traffic sign s or s ignals , and/or ha s reached a height of twe lve inches (12"). (2) Corrective Action: Eradicate weeds by chemicals, cutting or other acceptable means so that they do not exceed twelve inches ( 12"), encroach on neighboring properties, constitute a fire hazard, etc. Weeds that are cu t or removed by the root must be removed from the property and lawfull y disposed of. CEB2015-2917 615 N WALDEMAR AVE -GONZALO GUZMAN FLORES, owner Debbie Scott, Code Enforcement Officer Description: STORAGE OF UNTILITY TRAILER FULL OF METAL DEBRIS ON PUBLIC STREET. PMC 10.52.030 (4) (1) Violation: Storing or maintaining any boat, motor home, camp trailer, trailer, fifth wheel , pickup camper, snowmobile, or utility trailer, etc. as defined in Title 25 on any public s treet, right-of-wa y, or other public areas. (2) Corrective Action: Di scontinue storage on the street of any ofthe types of vehicles except such items may be parked in public right-of-way in front of an owner's property for a period of seventy-two hours in any given two-week period for loading and unloading purposes. Description: SCRAP METAL BUSINESS BEING DONE AT THIS LOCATION. PMC 25.66.040 (1) (1) Violation: Home occupation is not CLEARLY subordinate to th e principal use of the property as a residence. (2) Corrective Action: Discontinue all home occupation activities. Description: NO BUSINESS LICENSE FOR HOME OCCUPATION AT THIS LOCATION. PMC 5.04.020 CEB Agenda (1) Violation: Engaging in busi ness within the City of Pasco without a required City of Pasco business licen se. (2) Corrective Action: Apply for a City of Pasco business license. Di scon tinue ALL business activities until such time as a bus iness license can be obtained. Please call the City Clerk's office at (509) 545-3402 for information on licensing requirements or to view requirements online at http://www.pasco-wa.gov/index.aspx?nid= 192. Page 2 of3 Amendments Dismissals Motion E. STAFF R EPORT AND OTHER BUSINESS F . ADJOURNMENT This meeting is broadcast li ve on PSC-TV Channel 191 on C h arter Cab le and streamed at www.pasco-wa.gov/psctvlive. A udi o equipment available for th e hearing impai red ; contact staff for ass istance. CEB Agenda Page 3 of 3 A. CAL L TO O RDER CODE ENFORC EMENT MINUTES MEETING OF SEPTEMBER 3, 2015 C hairp e rso n G latt ca ll ed th e re gul ar meeting of th e Co de Enforcement Board to ord e r at 7:00p.m. B. ROL L CA LL a. Board Members MEMBERS PR ESENT Ru sse II G Jatt Da ni el Gottsc ha lk Mary Gutierrez Denni s Dun ca n Dway ne S pee r C. A DO PT ION OF MIN UTES: MEMBE RS ABSENT Board Me mb er Duncan mov ed, seconded by Board Me mb er Speer, t hat the minu tes of t he Augus t 6, 20 I 5 meeting be a ppr oved . Th e mot ion carr ie d unanimou s ly . D. DET ERM INAT ION HEARI NGS: C hairperso n G latt exp lained the proc edure and purpo se for th e meetin g, not in g th at th e C ity o f Pa sco was the Pet itioner and prope rty ow ne rs and t hei r auth ori ze d repr esen tatives w ho had app eared to d isc uss the a ll eged v io lat ions of the Pa sco Municipal Co de were the Re s pond ents . a. Ad mini strat io n ofOaths Troy Hend ren, In s pection Ser v ices Manager, asked th at all C it y s taft~ respo ndents and a ny witnesses who had appeared to offe r te stimony befo re th e Board be swo rn to tru thfuln ess. C ha ir person Glatt a sked the a udi e nce if th e re we re any o bjection s to an y Board Member hear in g any matter. T here we re no obj ecti o ns. Al l C it y sta ff, res ponde nt s a nd w itn esses w ho w ished to provide testi mo n y befo re the Boa rd were swo rn t o truthfulness . b. Hearin gs Sc hed ul ed C hairperso n G latt adv ised that the Board was now re ad y to proceed w ith th e hearings and asked t he C it y to beg in pres entati o n ofthe cases to be heard. i. Citv of Pasco vs. Bravard , T heresa, case numbet· CE B2015-2150 , for the pro perty located at 5104 Robert Wayne Drive Troy Hendr en, In s pection Se rv ices Manage r, asked Code Enforcement Officer Mart in Barajas to re ad th e case fa cts int o th e record. M r. Ba raj as indi cated that the c it ed v iol ation on thi s property was PMC 8.0 2. I 90-Fai lu re to re new dog li ce nse. Revi ew of th e records on March I , 201 5 indi cated that t he dog license for th is address had not be e n rene we d . A violation of the Pasc o Muni c ipal Co de was o bse rve d and determined to be a third offen se. On Ma rch 23 , 201 2 a co rr ec ti on notic e was sent for an unli ce nsed dog fo und on t he 09032015 CEB Minutes Page 1 of3 property. Ano ther notice was sent o n November 2, 20 13 a first offe nse notice of c ivil vio lation was iss ued v ia certifi ed ma il , case numb er CE B2013-3 1 56. On July 17 , 20 14 a seco nd offe nse not ice of civi l vio latio n was iss ued in case numb er CEB20 14-1942. A third offe nse notice of civ il vio lati on was iss ued on June 16 , 20 I 5 and delivered via certifi ed mail on June 19 , 20 I 5. T he prop erty ow ne r was lega ll y no tifi ed of the vio latio ns to th e Pasco Municipal Cod e. Based on a final in s pection of the property comp leted on Septe mb er 3, 20 I 5 th e property is in compli ance at this time and the lice nse ha s bee n renewed. T he C it y of Pa sco recommended th e respond ent pay $200 for a th ird offe nse pe na lty. C hase Moe n, 5 I 04 Robert Wayne Dri ve, s poke o n behalf of thi s ca se . CODE BOARD DECISION: Board Member Gottschal k moved , seconded by Boa rd Me mb er Duncan that the actions taken by the C ity were ap prop ri ate and timely. T he moti o n carried un an imou s ly. Board Memb er Speer furt her moved, seconded by Board Memb e r Duncan , to imp ose a third offense penalty of $2 00. T he motion ca rri ed una nimou s ly. 11 . City of Pasco vs. Rodriguez, Leonardro & Olga, case number· CEB2015-2383 , for· th e property located at 803 N 26111 Ave nue Troy Hendren , In s pect io n Se rvices Manager , as ked Code Enforce ment Offi cer Mart in Baraja s to read th e case facts in to the record. Mr. Baraja s indicated that the cited v iol ation on this pro perty was PM C 8.02.190 -Fai lure to re new dog li ce nse . After a review of th e record s o n March 1, 2015 it was rev ea led that the pet lic ense had not been re newe d at thi s addre ss . A vio lat ion of the Pa sco Muni c ipal Code ha d occ ur red a nd was determ in ed to be a seco nd offense vio lati on . Previou s notices were se nt on th e fo llo w ing dates: Ap ri l 26,2012 for a d og found o n s it e, Jun e 18 ,201 3 a first offe nse notice of civi l violati on was iss ued via ce rtified mail , case numb er CEB20 13-1339 . T he case from 2012 wa s di s mis se d because the dog was too yo un g to li cense at the time the notice was se nt but t hey did li cen se o nce th e d og was o ld enough fo r it s rabie s vacc in atio n. T he 20 13 case was c losed du e to compli ance pri o r to t he hearing and no penalty was asse sse d. A second offe nse of civ il violat io n notice was sen t o n Jul y 24, 20 I 5 and se nt v ia ce rtifi ed mail on Jul y 3 1, 20 15. T he prop erty ow ners we re lega ll y not ified and based o n a final in s pect io n o f the property it is in compli ance at thi s time and the dog has bee n li ce nsed on A ugu st 3, 20 I 5 . The C ity of Pa sco recomm ended the responde nt pa y $100 for a se con d offe nse pena lty . O lga Ro drigu ez, 803 N. 26'" Aven ue, spo ke o n be ha lf of thi s case . CO DE BOARD DECISION: Board Member Duncan mo ve d , seconded by Board Member Gutierre z t hat the act ions take n by th e City we re app ro priat e and timely . T he motion carried unanim o us ly . Board Member Speer further moved , seco nded by Board Member Gottschalk , to impo se a repeat pe na lty of $1 00 to be he ld in a beya nce for 12 month s and di smi ssed if no furth e r v iolation s . The motion carried un anim ous ly. iii. City of Pasco vs. An guiano, Ruben, case number CEB2015-2795, for the property loc ated a t 823 W Nixon S t reet 09032015 CEB Minutes Page 2 of3 Troy Hendren , In s pec tion Se rvices Ma na ge r, asked Code Enfo rceme nt Officer Rosa n na J ohn so n to read the case fa ct s into the record. Ms. Jo hn so n indicated th at the ci ted vio lati ons on this property we re PM C 16.04.0 I 0 -Dan ge ro us, unp e rmitted modification and additi o n of fenc in g materi a ls, PM C 25 .75.050( I )(d)-Fence over 6 feet in height and PM C 25 .7 5.0 50( I )(e)-Unp ermitted fen c in g mate ri a ls use d to const ru c t fence over 6 feet in hei g ht in rear ya rd (tarp s, pl ywood, cardboard , e tc). The prop e rty was in s pe c ted on Aug ust 19, 2015 a nd v io lati ons were obse rved and a stop wo rk not ice was pos ted on Aug ust 19, 20 I 5. A re- in spectio n of th e prope rty revea led th at it was still in vio lation of t he Pasco Mu ni cipal Co de a nd a notic e of civil v io lati on was iss ued on August 20 , 20 15. T he property ow ner was lega ll y not ified o n Aug ust 20, 2015 in pe rs o n. On Augu st 20 , 2015 Ruben Anguiano and hi s so n requested an exten s io n until October 201 5. The extension request was denied. On August 26, 2015, Ms. Jo hn so n met w ith Rub en An g ui ano and hi s so n o n th e property to in spec t th e changes to th e structure at their requ est. At that time th e ca rdb oard and pl ywood had been removed but the tarp was sti II in place. They we re notifi ed that th e property was no t in compli a nce a nd agre ed to co me to th e hearing sc hedu led for September. Ba sed on a fin a l in s pe cti o n of t he pro perty comp leted o n Septemb e r 2, 20 15 th e pro perty is not in co mpli a nce at thi s time . Th e C ity o f Pasco recommended giving the re s pondent a n add iti o na l 3 days to aba te th e vio lati o ns or pa y a dail y penalty of $50 per d ay fo r I 0 days. Ru be n An g uian o, 823 W. Nixon Stree t, spo ke o n behalf of thi s case. CODE BOARD DEC ISION: Board Memb er Gottsc halk moved , seco nd ed by Board Member Dun ca n that th e actions taken by th e Ci ty we re appropriate and tim e ly. T he motio n ca rri ed un a nimou s ly. Board Membe r Sp ee r further moved , seconded by Board Member Dun ca n, to g ive th e res po ndent an add iti o nal 3 day s to a ba te th e violati ons or pay a dail y penalty of $50 pe r da y for I 0 days. The moti o n carri ed un anim o usly . c. A mendm ent s d. Di s mi ssals e. Mot ion C ha irp erso n Spee r mad e a mot io n to app rovin g Reso luti o n No . 20 15-008, Boa rd Mem be r G utier rez seco nd ed. The moti o n ca rri ed un a nim o usly. E. STA FF REPORT AN D OTHE R BUSI N ESS: F. AD J OURNMENT T her e be in g no furth er bu s in ess befor e th e Pasco Co de Enfo rce me nt Board , th e meet in g was adjourned by C hairperson G latt at 7:3 8p .m. Kryst e Shanks, Adm rnr stratrve Ass rstant II Co mmunity & Eco nomic Deve lop ment 09032015 CEB Minutes Page 3 of 3 MEMORANDUM August 27, 2015 TO: Rick White, Director Community & Economic Development FROM: Troy Hendren, Inspection Services Mana Community & Economic Development SUBJECT: Code Enforcement Activity Reports Reports for the Month of August 2015 Please find attached copies of the Code Enforcement Activity Reports for the month of April: (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. August, 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 Jake Hickman, Cross-Connect Specialist Community Development Staff Code Enforcement Board S TATUS R E P O R T COD E ENFORCEMENT INSPEC TION AUGUST 2015 PREVIOUS OFFICER MARTIN DEBRA ROSANNA ALONSO JAKE MONTH LY MONTH YEAR T O DATE TOTAL YEAR TO DATE V I OLATION TYPE Public Nuisance 14 2 55 4 0 75 593 668 Business Licenses 1 0 0 0 NA 1 152 153 Rental Licenses 0 0 4 0 NA 4 162 166 - Dog Licenses 8 7 19 0 2 0 NA 279 1171 1450 Animal Nusiances 1 1 1 0 NA 3 433 436 Rental I nspections 2 0 2 142 NA 146 2 080 2226 Vehicles Tagged 0 0 0 0 NA 0 4 4 CASES OPEN MONTH LY T OTAL 105 193 64 146 NA 508 4546 5054 CASES CLOSED MONTH LY TOTAL 75 105 27 9 NA 216 1194 1 410 Note: Counts r eflect only Code Enforcement In spe ctions that resu lted in an issuance of an i n itia l written Correction Notice.