HomeMy WebLinkAbout09032015 Code Enforcement Board MinutesA . CALL TO ORDER
CODE ENFORCEMENT MINUTES
MEETING OF SEPTEMBER 3, 2015
Cha irperso n G latt ca ll ed the reg ul a r meeting of th e Code Enforcement Board to order at 7:00p.m.
B. ROLL CALL
a. Board Members
MEMllERS PRESENT
Ru sse ll Glatt
Daniel Gottschalk
Mary G utierrez
Dennis Duncan
Dwayne Speer
C. ADO PTION O F MINUTES :
MEMBERS ABSENT
Board M e mber Duncan moved , seconded by Board Member Speer, t hat th e minutes of the August 6, 20 15
m eeting be approved. The m o ti on carried unanimously.
D. DETERMINATION H EA RING S:
C hairpe rson G la tt expla in ed the procedure and purpose for the meetin g , no tin g that the C ity of Pa sco was th e
Petitioner and prope rty owners and their authorized re pres entatives who had appeared to discu ss th e a ll eged
v iolation s of the Pasco Municipal Code were the Re s po ndents.
a. Administration of Oaths
Troy Hendren , In s p ection Services Manager, a s ked that all City s taff, respondent s a nd any w itn esses
who h ad appeared t o offer testimony b efore the Board be swo rn to truthfulness. Chairperson Glatt
asked t h e audience if there we re any o bj ection s to any Board Member hearing any matter. T here
were no objections.
All City staff, respondents and w itn esses w h o wished to provide testimo n y before t h e Board we re
sworn to truthfulness.
b. Hearin gs Sc hed ul ed
Chairperson Glatt advised that th e Board was n ow ready to proceed w ith the h ea rings a nd asked the
City to b egi n presentation of the cases to be heard.
1. City of Pasco vs. Brava1·d, T he resa , case number CEB2015-2l50, for the property located
at 5104 Robert Wayne Drive
Troy He ndre n, In s pection Services Manager, asked Code Enforcement Officer Martin Barajas to read
th e case facts into the record.
Mr. Barajas indicated that th e cited violation on thi s property was PM C 8.02.190 -Failure to renew
dog li ce nse . Rev iew of the records o n March I , 2 01 5 indi cated that the d og lice nse for thi s address
had not b een renewed. A v io lation ofthe Pasco Municipal Co de was observe d and determined to be a
third offense. On March 23. 2012 a correctio n notice was sen t for a n unli censed dog found on the
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pr o pert y. Another noti ce was sent o n November 2, 2013 a first offe nse not ice of civil vio lation was
iss ued via ce ttified mail , case number CEB20 I 3-3 I 56. O n July 17 , 2014 a seco nd offense notice of
civil vio lation was iss ued in case number CE B20 14-1942 . A t hird offe nse notice of c ivil v iolati on
was iss ued o n June 16 , 2015 and de li vered v ia cert ified mail on Jun e 19, 20 I 5. T he pr ope rt y owne r
was lega ll y notified of the vio latio ns to th e Pasco Muni c ipal Co de. Based on a fi na l in spectio n of th e
property completed on Septemb er 3 , 20 15 the pro perty is in compli ance at thi s time a nd the li ce nse
has bee n renewed .
The City of Pa sco reco mm ended th e re s po nd e nt pay $200 for a third offe nse penalty.
Chase Moen , 5 I 04 Robe rt Way ne Dri ve, s pok e on behal f of thi s case.
CODE BOARD DEC ISION: Board Member Gottsc ha lk moved , seco nded by Board Me m ber Duncan
that the actio ns take n by th e C ity were app ropriate and time ly. T he motio n carried un animou s ly.
Board Member Speer f lllther mov ed , seco nd ed by Board Mem ber Dun ca n, to impose a third offe nse
penalty of $200 . The motion ca rri ed un a nim ous ly .
ii. C ity of Pasco vs. Rodriguez, Leonardro & Olga, case number CEB20 15 -2383, for the
pro perty located a t 803 N 26 111 Avenue
Troy Hendren, In s pecti o n Services Manager, asked Code Enfo rce ment Officer Mart in Barajas to read
the case fact s into th e record .
Mr. Barajas indi cated that the cited vio lation on thi s pro petty was PM C 8.02.190 -Failure to renew
dog licen se. After a review of th e records on March I, 2015 it was re vea led that the pet lice nse had
not been rene we d at thi s address . A v io latio n of the Pa sco Muni cipal Co de had occurred and was
determ in ed to be a second offe nse v io lat io n. Pr ev iou s notice s were se nt o n the fo ll ow in g ela tes: Apri l
26, 20 I 2 for a dog found on s it e, Jun e 18, 20 13 a fir st offe nse notic e of c ivil violation was iss ued via
certi fi ed mail , case numbe r CE B20 13 -1 339 . The case fr o m 2012 was di smi sse d beca use the dog was
too yo ung to licen se at the t im e the notice was se nt but the y did li ce nse o nce the do g was o ld eno ugh
fo r it s rabies vacc in ation. T he 2013 case was closed due to co mp li ance pri or to t he hea r ing and no
penalty was assessed . A second offe nse of c iv il vio lat io n not ice was se nt on Jul y 24, 2015 and sent
via ce rtified ma il on Jul y 3 1,20 15. The pro petty ow ners were lega ll y notifi ed and based o n a final
inspection of the pro pe rty it is in compli ance at thi s time and th e clo g has been li censed on Aug ust 3,
2015.
The C ity of Pasco recom mended the re s pondent pay $100 for a second offe nse pe na lt y.
O lga Ro drigue z, 803 N. 26 111 Ave nu e, s po ke o n be halfofthi s case.
CODE BOARD DECISION: Board Member Dun ca n moved, seco nded by Board Member Gutierrez
th at th e ac t ions taken by the Ci ty we re approp ri ate and timely. T he motion carried unanimous ly.
Board Memb e r S pe er futih er moved , seco nd ed by Board Me mb er Gottscha lk, to impo se a re peat
pena lty of $1 00 to be he ld in a beya nc e for 12 mo nth s and di s mi ssed if no f urth er v iolation s . The
motion ca rri ed unanimou s ly.
111 . City of Pasco vs. Anguiano, Ruben, case number CEB2015-2 795, for the property located at
823 W Nixon S treet
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Troy Hendren, In s pectio n Se rvices Manager, as ked Code En fo rce ment Office r Ro sa nna Jo hn so n to
read th e case fa cts in to the reco rd.
Ms. Jo hn so n indi cated th at the cited vio latio ns on this prop erty we re PMC 16.04.0 I 0 -Dangerous,
unpe rmitted mo difi cat ion and add iti o n of fencing mat eri a ls , PMC 25 .75 .050( I )( d)-Fe nce ove r 6 feet
in hei g ht and PM C 25.75.050( I )(e)-Unp ermitted fencing materi a ls use d to const ru c t fence ove r 6
feet in he ig ht in rear yard (tarp s, plywood, cardboard , etc). The prop ert y was inspect ed o n Augu st 19 ,
2015 a nd vio la ti o ns we re o bserved and a stop work not ice was posted o n Aug ust 19 , 2015 . A re-
in s pectio n of the property revealed that it was sti ll in v io lation of the Pa sco Municipal Co de and a
no ti ce of civ i I v io lati on was iss ued o n A ug ust 20 , 20 15. The pro petty owner was lega ll y notified on
Augu st 20, 20 15 in person. On A ugust 20 , 201 5 Ruben Anguiano and hi s so n req ue sted an ex tension
unt il October 20 15 . T he extens ion req uest wa s de ni ed. On August 26, 2015, Ms. Joh nso n met w ith
Ruben A ng ui ano and hi s so n o n the pr o perty to in spect the c hanges to the stru ctu re at th e ir request.
At that time t he cardboa rd and plywood had been removed but the tarp was sti ll in place. They we re
not ifi ed that the prop erty was not in compli ance and agreed to come to the hearin g schedu led for
September. Based on a final inspection of the property compl eted o n September 2, 201 5 the property
is no t in compli a nce at thi s time.
T he C ity of Pasco reco mm end ed g ivi ng th e res pondent an addit iona l 3 days to ab ate the vio lations or
pay a daily penalty of $50 per day for I 0 day s .
Rub en Angu iano, 823 W. N ixo n Street, s poke o n behalf of thi s case.
CODE BOARD DECISION: Board Member Go tt schalk moved, seconded by Board Member Duncan
that th e actio ns taken by t he C ity were a ppropriate and timely. The motion carried unanim o us ly.
Board Member Speer further move d, se conded by Board Member Duncan , to g ive th e respondent an
ad dit io na l 3 days to abate th e vio lat io ns o r pay a daily penalty of $50 per day fo r I 0 days. The
mo ti o n carri ed unanimously.
c. Amend men t s
d. Di s mi ssa ls
e. Motion
C hairp e rso n Speer made a moti on to approving Re solution No. 2015-008 , Board Membe r Gu t ie rr ez
seco nd ed . T he motion carried unanimously.
E. STA FF REPORT AND OTHER BUSINESS:
F. A DJO URNMENT
There being no further bu s iness before the Pa sco Code Enforceme nt Board , the meeting was adjourned by
Cha ir pe rson G latt at 7:38p.m.
Kr ys t e Shanks, Admmi strative Assistant II
Comm unity & Eco nom ic Development
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