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HomeMy WebLinkAbout02042016 Code Enforcement Board MinutesCODE ENFORCEMENT MINUTES MEETING OF FEBRUARY 4, 2016 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 MEMBERS ABSENT Daniel Gottschalk Mary Gutierrez Russell Glatt C. ADOPTION OF MINUTES: Board Member Gottschalk moved, seconded by Board Member Gutierrez, that the minutes of the January 7, 2016 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. i. City of Pasco vs. Barrios, Gerardo & Rosalba, case number CEB2016-0003, for the property located at NKA Vacant Lot N Owen 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 violation on this property was PMC 25.78.080 — REPEAT, Vacant lot being used as parking/storage lot. The property was inspected on December 30, 2015 and violations of the Pasco Municipal Code were observed and determined to be repeat violations. A previous notice was sent on September 27, 2015, case number CEB2015-3044 for a vacant lot being used as a parking lot and weeds. A repeat notice of civil violation was issued on January 4, 2016 via certified mail. The property owners were legally notified on January 8, 2016 of the conditions believed to be repeat violations. Based on the final inspection of the property completed on February 4, 2016 the property is in compliance at this time. The City of Pasco recommended the respondent pay $200 for a repeat penalty. Rene Barrios, 116 N. Owen 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 Gottschalk further moved, seconded by Board Member Guttierez, to impose a repeat penalty of $200 to be held in abeyance for 12 months and dismissed if no further violations in that period . The motion carried unanimously. 02042016 CEB Minutes Page 1 of 5 ii. City of Pasco vs. Willis, Craie, case number CEB2015-3436, for the property located at 1524 N 16' Avenue 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 9.60.030(l 1) — Dilapidated fence in rear yard and PMC 9.60.030(16) — Dead/dry weeds, weeds in excess of 12" in height and limb debris throughout. The property was inspected on December 24, 2015 and violations to the Pasco Municipal Code were observed. On August 5, 2014, case number CEB2014-2076, a correction notice was sent to the property owner for weeds over 12" in height, encroaching on neighboring properties and the right of way. The violation was corrected as of September 9, 2014 and no penalties were assessed. A repeat notice of civil violation was issued on December 28, 2015. The property owner was legally notified on January 5, 2016 via certified mail of the conditions believed to be repeat violations of the Pasco Municipal Code. Based on a final inspection of the property completed on February 3, 2016 the property is in compliance at this time. The City of Pasco recommended the respondent pay $200 for a repeat penalty. Craig Willis, 1524 N. 16`x' 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, to impose a repeat penalty of $200 to be held in abeyance for 12 months and dismissed if no further violations in that period . The motion carried unanimously. City of Pasco vs. Valerie P (Trust) Carlson, case number CEB2015-3274, for the property located at 2800 Road 56 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 12.16.030 — Grass clippings and other vegetative waste being dumped in the right of way and PMC 9.60.030(16) — Dead/dry weeds, weeds in excess of 12" in height, dry vegetative waste throughout which poses a fire hazard. The property was inspected on November 4, 2015 and violations of the Pasco Municipal Code were observed. A correction notice was issued on November 12, 2015. On November 19, 2015 a phone call was received from Valerie Carlson, the property owner, regarding the correction notice and she wished to discuss the violations cited. She stated that the dumping in the right of way is mulch and there is no such thing as vegetative waste or weeds and the brush piles in the yard are a quail habitat. She disagreed that there was any risk of a fire hazard on the property. Ms. Johnson agreed to meet Ms. Carlson on Saturday, November 21, 2015 at the property to visually inspect the area and to discuss the violations. On November 21, 2015 at approximately 8:00 a.m., Ms. Johnson met with Ms. Carlson at her property located at 2800 Road 56. She was upset to have received the notice with said violations and disagreed that she was in violation of the Pasco Municipal Codes. She requested information of Ms. Johnson, such as, education, credentials, training, length of time in position and salary. She was disappointed to hear that Ms. Johnson had no formal horticulture training yet was sending this type of notice. Ms. Johnson stated that was not a requirement of the position and per municipal codes, her property was in violation. She asked how much of her property 02042016 CEB Minutes Page 2 of 5 extended into the right of way to which Ms. Johnson replied it was approximately 8 feet off of the paved surface but that she would need to verify that with the Engineering Department. She requested a hearing but Ms. Johnson stated that it hadn't gotten to that stage yet but she could contact the Building Official about her disagreements with the code before a further notice would be sent. On November 21, 2015, Ms. Carlson spoke with Troy Hendren, Inspection Services Manager/Building Official/Fire Marshall regarding the notice. She advised that she would not be coming into compliance and again requested a hearing. Mr. Hendren notified her that a notice of civil violation would be sent and a case would be scheduled for the next available hearing. 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 December 8, 2015. The property owner was legally notified on December 17, 2015 via certified mail of the conditions believed to be in violation of the code. On December 15, 2015, Ms. Carlson called to schedule her appearance at the January 7, 2016 hearing. She asked if she had noticed anything different in the last inspection of the property and stated that she had leveled the grass clippings and moved them off of the paved area and off of the right of way at least 8 feet. She asked if she was in compliance. Ms. Johnson replied via email that day notifying her that the clippings were still in the right of way. On January 4, 2016, Ms. Carlson emailed requesting to postpone the hearing date due to the inclement weather and the holidays prohibiting her to be able to repair the fence. Ms. Johnson replied with a copy of the continuation notice advising that her request was approved and the case would be set for February 4, 2016. On January 12, 2016, Ms. Carlson called to confirm she received the email and mailed continuation notice. She confirmed her appearance for the February 4, 2016 hearing. On February 2, 2016 an email was received from Ms. Carlson requesting to be able to present photos and exhibits to be available for viewing at the hearing. On a final inspection of the property on February 3, 2016 the property is not in compliance at this time. The City of Pasco recommended the respondent 10 additional days to abate the violations or pay a daily penalty of $50 per day for 10 days. Valerie Carlson Stanley, 2800 Road 56, spoke on behalf of this case. Tharon Cammer, 4012 W. Opal 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 give the respondent an additional 60 days to abate the property or pay $50 per day for 10 days if not compliant in that time period. The motion carried unanimously. iv. City of Pasco vs. Tovar, Jose case number CEB2016-0046, for the property located at 4020 W Opal St 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 violation on this property was PMC 8.02.340 — Dogs on site barking in excess of five minutes, creating a nuisance to neighboring residences. The property was inspected on January 12, 2016 and violations of the Pasco Municipal Code were observed and determined to be a repeat violation. On February 24, 2014 a correction notice, case number CE132014-0191, was issued to Jose Tovar for barking dog nuisance. A notice of civil violation was issued on March 24, 2014 as no response was received. On May 1, 2014 the case was closed in 02042016 CEB Minutes Page 3 of 5 compliance without penalties as they had purchased bark collars and there were no further barking issues. Pasco Non -Emergency Police Dispatch was contacted by the complainant requesting a response to the suspected noise nuisance. Per the Pasco Call Report, Pasco Police Officer Erickson arrived on site January 12, 2016 at 10:30 a.m. He verified the barking dog nuisance and sited the owner. At approximately 10:50 a.m., Ms. Johnson received a phone call from the complainant stating that one of the boxers at 4020 W. Opal was barking nonstop starting at approximately 10:00 a.m. and he had contacted the police. Non -Emergency Dispatch was once again contacted the same day regarding the dog continuing to bark. Pasco Police Officer Nunez arrived on site the same day at approximately 12:00 p.m. and was unable to verify any barking. Ms. Johnson contacted Mr. Tovar by telephone and discussed the incident with him. Ms. Johnson notified him since the barking was verified and reported by a Pasco Police Officer so she would be sending a repeat notice of civil violation. Mr. Tovar stated that the male boxer had been barking at the female boxer and he had put the bark collars back on both of the dogs to prevent any further issues. On January 13, 2016 the complainant contacted the Tri -City Animal Control for a welfare check on the two boxers because he believed the dogs were kept outside for 24 hours and he thought the barking might be due to the cold weather. Animal Control Officer Spear visited 4020 W. Opal Street on January 13, 2016 at approximately 4:30 p.m. In a follow-up report, ACO Spear noted that no dogs were barking and the boxers at 4020 W. Opal Street were in excellent health and were provided with proper water, shelter and food. After verification of the barking nuisance by Pasco Police, a repeat notice of civil violation was issued on January 12, 2016. The property owner was legally notified on January 21, 2016 in person at the Code Enforcement counter of the conditions believed to be a repeat violation. Ms. Johnson stated that she has personally been unable to verify any barking dog issues at the property since January 12, 2016. Based on a final inspection of the property completed on February 4, 2016 the property is in compliance at this time. The City of Pasco recommended the respondent pay $200 for a repeat violation. Jose Tovar, 4020 W. Opal Street, spoke on behalf of this case. Nora Alvarez, 4017 W. Opal Street, spoke on behalf of this case. Lidia Deleon, 4020 W. Opal Street, spoke on behalf of this case. Tiffany Ramirez, spoke on behalf of this case. Theron Cammer, 4012 W. Opal 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 penalty of $25 to be held in abeyance for 12 months and dismissed if no further violations in that period . The motion carried 2 to 1 with Chairperson Glatt dissenting. b. Amendments c. Dismissals d. Motion Board Member Gottschalk made a motion to approving Resolution No. 2016-001, Board Member Gutierrez seconded. The motion carried unanimously. 02042016 CEB Minutes Page 4 of 5 E. STAFF REPORT AND OTHER BUSINESS: F. ADJOURNMENT There being no further business before the Pasco Code Enforcement Board, the meeting was adjourned by Board Member Gutierrez at 8:35 p.m. A) Krystle Shanks, Administrative Assistant II Community & Economic Development 02042016 CEB Minutes Page 5 of 5