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HomeMy WebLinkAbout11052015 Code Enforcement Board Minutes 11052015 CEB Minutes Page 1 of 5 CODE ENFORCEMENT MINUTES MEETING OF NOVEMBER 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 Russell Glatt Daniel Gottschalk Mary Gutierrez MEMBERS ABSENT Dennis Duncan Vacant C. ADOPTION OF MINUTES: Board Member Gottschalk moved, seconded by Board Member Gutierrez, that the minutes of the October 1, 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 Boa rd 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. Frenett, Donat & Sharon, case number CEB2015-0370, for the property located at 803 W Margaret St 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 13A.52.110 – No permit for illegal attachment to sewer for recreational vehicle in rear yard, PMC 25.69.040(1) – Two recreational vehicles occupied on this property, PMC 25.75.050(4) – Front yard is dead and dying, PMC 25.75.050(5) – Front yard bordering Margaret & 7th not landscaped or covered with improvements not treated to prevent blowing dust, PMC 25.78.030(4) – Recreational vehicles stored/parked on unapproved surface, PMC 9.60.030(10) – Large amount of pallets located in front 11052015 CEB Minutes Page 2 of 5 yard of this home causing a fire hazard and PMC 9.60.030(9) – Tires in public view. An anonymous complaint was received for the property known as 803 W. Margaret Street stating that there was no front yard, just dirt, pallets were being stored on the property, the camper on the east side of the house was occupied, Mr. Frenett was living in the large recreational fifth-wheel that never moved located in the rear of the house. The property was inspected on April 1, 2015 and observed a number of violations of the Pasco Municipal Code. A correction notice was issued on April 2, 2015. Ms. Scott stated that she spoke with Mr. Frenett on the phone a couple of times and granted two extensions to give him time to bring the property into compliance. A re-inspection of the property revealed that it was still in violation of the Pasco Municipal Code and a notice of civil violation was issued on November 1, 2015. The property owner was legally notified via certified mail on November 14, 2015. Mr. Frenett did not contact the City until he appeared at the Code Board Hearing on October 3, 2015 at which time Mr. Frenett was made aware that this case was rescheduled to be heard at the November meeting. Based on a final inspection of the property completed on November 5, 2 015 the property is not in compliance with the Pasco Municipal Code at this time. The violations still in need of correction are: pallets, landscaping issues, occupied recreational vehicle and miscellaneous debris. The City of Pasco recommended the respondent be given an additional 10 days to abate the violations or pay a daily penalty of $400 per day for 10 days. Don Frenette, 803 W. Margaret Street, spoke on behalf of this case. CODE BOARD DECISION: No decision was made due to the respondent leaving during testimony. ii. City of Pasco vs. Shelton, Larry, case number CEB2015-1717, for the property located at 1102 E ‘A’ 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 – Abandoned permit B11-2252 for improvements and fire damage, PMC 17.09.050 – Sign advertising a business that is no longer a licensed business in the City of Pasco and PMC 9.60.030(16) – Weeds in excess of 12 inches. All violations have been corrected except for the abandoned permit B11-2252 for improvements and fire damage. The property was inspected on May 5, 2015 and violations of the Pasco Municipal Code were observed. A correction notice was issued on May 21, 2015. A re- inspection of the property revealed that it was still in violation and a notice of civil violation was issued on September 4, 2015. The property owners were legally notified via certified mai l on September 11, 2015. Based on a final inspection of the property completed on November 5, 2015 the property is not in compliance at this time. The City of Pasco recommended the respondent be given an additional 10 days to abate the violations or pay a daily penalty of $100 per day for 10 days. Larry & Dean Shelton, 1102 E ‘A’ 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 Guttierez, to give the respondent 10 days to abate the violations or pay a daily penalty of $100 per day for 10 days. The motion carried unanimously. 11052015 CEB Minutes Page 3 of 5 iii. City of Pasco vs. Bastian, Mercedes, case number CEB2015-2966, for the property located at 623 N 19th Ave 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 violation on this property was PMC 25.78.030(2) – Vehicle repair in the driveway. The property was inspected on September 15, 2015 and violations of the Pasco Municipal Code were observed and determined to be a second repeat violation. On April 11, 2014 a correction notice was issued, case number CEB2014-0732. After no compliance a notice of civil violation was issued on June 23, 2014. The case was closed as in compliance as of September 2, 2014 prior to the scheduled hearing and no penalties were assessed. On November 16, 2014 a repeat notice of civil violation was issued, case number CEB2014-2689. Brian Bastian attended the Code Board Hearing on February 5, 2015 and a repeat penalty of $400 to be held in abeyance was assessed. Based on a final inspection of the property completed on November 4, 2015 the property is not in compliance at this time. The City of Pasco recommended the respondent pay $400 for a second repeat penalty and be given an additional 10 days to abate the violations or pay a daily penalty of $400 per day for 10 days. Bastian, 623 N. 19th Avenue, spoke on behalf of this case. CODE BOARD DECISION: Board Member Speer moved, seconded by Board Member Glatt that the board dismiss this case without penalty. The motion carried with Board Member Gutierrez dissenting. iv. City of Pasco vs. Diaz, Esteban & Maria, case number CEB2015-3007, for the property located at 824 S 6th Ave 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 IPMC 110.1 – Burned rental unit, PMC 16.04.010 – Permits must be obtained for all new construction and unlicensed rental unit must be brought up to code, PMC 5.78.010 – No rental license for two rental units in the rear of this property and PMC 5.78.020 – An inspection of all unpermitted rental units in the rear of this property is required within 24 hours. The violation not yet corrected is the burned rental unit needing to be restored or removed within 1 year, permits need to be obtained for all new construction and unlicensed rental unit must be brought up to code and if permits are not obtained the structure must be removed. The property was inspected on September 21, 2015 and violations of the Pasco Municipal Code were observed and determined to be repeat violations. A previous notice was sent on June 14, 2013 for no rental license or inspection. That case was completed on February 8, 2014. On February 18, 2014 the property owner was cited for failure to obtain a permit for this unit. The permit was obtained on February 24, 2014. A repeat notice of civil violation was issued on September 21, 2015 via certified mail. The property owners were legally notified on September 25, 2015. Based on a final inspection of the property completed on November 4, 2015 the property is not in compliance at this time. The City of Pasco recommended the respondent pay $200 for a second repeat penalty and be given an additional 10 days to abate the violations or pay a daily penalty of $300 per day for 10 days. 11052015 CEB Minutes Page 4 of 5 Esteban Diaz, 824 S. 6th 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. Board Member Gutierrez further moved, seconded by Board Member Gottschalk, that the respondent pay $200 for a repeat penalty and be given an additional 30 days to abate the violations or pay a daily penalty of $300 per day for 10 days. The motion carried unanimously. v. City of Pasco vs. Garcia, Jose, case number CEB2015-3052, for the property located at 804 W Henry St 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 IBC 1504.2 – Vehicles being sanded/primed for painting, PMC 25.66.040(1) – Unapproved home occupation “auto repair” in rear of this property, PMC 25.66.040(12) – Storing hazardous materials, PMC 25.69.040(1) – (Repeat) Occupied recreational vehicle in a residential zone per Pasco Police Department, PMC 9.60.030(11) – Dilapidated fencing in the rear and side of this property and unapproved fencing/sight screening on the side of the garage, PMC 9.60.030(6) – (Repeat) Trash, litter and large quantity of miscellaneous debris and PMC 9.60.030(9) – (Repeat) Vehicle parts, disassembled, junk vehicles. This case came to the Board on September 4, 2014 and was assessed a daily penalty of $100 per day. The property came into compliance before the daily penalty was up and Mr. Garcia received a reduced penalty. On September 29, 2015 a repeat notice of civil violation was issued via certified mail. The property owner was legally notified on October 1, 2015. Based on a final inspection of the property completed on November 5, 2015 the property is not in compliance at this time. Jose Garcia, 804 W. Henry Street, spoke on behalf of this case. Case was continued until December 3, 2015 Code Board Hearing. vi. City of Pasco vs. Diaz, Esteban & Maria, case number CEB2015-3079, for the property located at 1131 W Yakima St 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 – (Repeat) Failure to submit an application for improvements to convert this single-family unit to a duplex, PMC 25.34.050 – (Repeat) Single-family unit being converted to a duplex and PMC 8.02.190 – Failure to license the dog on site. The violation still not in compliance is the repeat failure to submit an application for improvements to convert the single-family unit to a duplex, there is no permit and there is no license for the dog found on site. The property was inspected on October 5, 2015 and violations of the Pasco Municipal Code were observed and determined to be repeat violations. A previous notice of civil violation was sent on May 1, 2014, case number CEB2013-2763 for conversion of a single-family dwelling unit into a multi-family unit, as four units were observed with no rental licenses or permits. On September 22, 2015, failure to obtain a rental license for the single- family rental or complete a habitability inspection. A repeat notice of civil violation was issued on October 7, 2015. The property owners, per voicemail from Esteban Diaz on October 29, 2015 stated that they would attend the hearing on November 5, 2015. Mr. Diaz stated to code officers, Ms. Scott 11052015 CEB Minutes Page 5 of 5 and Mr. Barajas that his wife lived at this residence while he lived at 824 S. 6th Avenue. On November 5, 2015 at approximately 3:20 p.m. Ms. Scott and Mr. Barajas were in the area and stopped to ask Ms. Diaz if they could do a follow-up inspection for the Code Board Hearing. The person that answered the door was not Ms. Diaz. It turns out the Ms. Diaz does not reside at this location per the tenants, Mr. & Ms. Diaz were renting out all of the bedrooms to different people. The tenants wanted Code Enforcement to know that the owners have locked off the heat and set it to 65 which is below the required temperature of 68 to be maintained in all rental units. The renting of rooms shows that the immediate use of this dwelling unit is an illegal rooming house. Rooming houses are not allowed in any zone in Pasco. Based on a final inspection of this property completed on November 5, 2015 the property is not in compliance at this time and proposes a safety risk to numerous tenants occupying this structure. The City of Pasco recommended the respondent pay $200, be given 24 hours to reset the heat to 68 and be given 21 days to fully vacate this illegal rooming house or pay a penalty of $500 per day for 10 days. Esteban Diaz, 1131 W. Yakima 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 Gutierrez further moved, seconded by Board Member Gottschalk, to impose a repeat penalty of $200 and be given an additional 10 days to abate the violations or pay a daily penalty of $200 per day for 10 days. The motion carried unanimously. c. Amendments d. Dismissals i. City of Pasco vs. Cuellar (Jr.), Gregorio, case number CEB2015-3083, for the property located at 213 W Bonneville St e. Motion Chairperson Gottschalk made a motion to approving Resolution No. 2015-011, Board Member Gutierrez 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 adjourned by Chairperson Glatt at 8:13 p.m. ______________________________________ Krystle Shanks, Administrative Assistant II Community & Economic Development