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HomeMy WebLinkAbout03032016 Code Enforcement Board Meeting PacketDATE: February 2. TO: Code Enfoi FROM: Troy Hend Inspection Communit, MEMORANDUM SUBJECT: CEB Determination Hearing March 03, 2016 Distribution D Gottschalk M Gutierrez R Glatt I am writing to confirm that the Code Enforcement Board will meet March 03, 2016 at 7:00 p.m., in Pasco City Council Chambers. Please find attached the following: (1) An agenda for March 03, 2016; (2) Minutes of the previous CEB meeting; (3) Code Enforcement Activity Reports for January. 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 Agenda for the Code Enforcement Board of the City of Pasco, Washington March 03, 2016 at 7:00 pm A. CALL TO ORDER B. ROLL CALL a. Board Members Present C. ADOPTION OF MINUTES D. HEARINGS a. Administration of Oaths b. Hearings Scheduled CEB2015-2876 1911 N 13TH AVE - PATRICK & JOY DUNYON, owner Debbie Scott, Code Enforcement Officer Description: FAIL URE TO SCHEDULE AND COMPLETE THE FINAL INSPECTION FOR THIS FENCE. IRC R109.1.6 Violation: A passing final inspection has not been completed for this building project. Corrective Action: Stop all construction on this project until a City of Pasco building permit has been secured. Contact the building department at (509)543-5726. Description: EXCESS # OF DOGS AT THIS SITE OVER THREE. PMC 25.28.030 (5) (R-1 Zone) (1) Violation: More than three dogs and/or three cats being kept on this property. (2) Corrective Action: All excess dogs and cats (7 months old and older) must be removed from the property. CEB2016-0097 1800 W LEWIS ST & APN 11223001 - SOHAL DEVELOPMENT LLC, owner Rosanna Johnson, Code Enforcement Officer Description: Parking lot is being used for the storage of inoperable, junk and unregisteredlunlicensed vehicles. IPMC 302.8 (1) Violation: Allowing inoperative or unlicensed motor vehicles to be parked, kept or stored on any premises, and/or allowing vehicles at any time be in a state of major disassembly, disrepair, or in the process of being stripped or dismantled. Painting of vehicles is prohibited unless conducted inside an approved spray booth at an approved location. (2) Corrective Action: Remove all vehicle(s) in the condition(s) described above from the property or move said vehicle(s) to an enclosed structure where the vehicle is out of public view and/or discontinue painting vehicles at this location. Description: Window openings are not securedlboarded to prevent unlawful entry. Windows on first floor of this dangerous structure are broken. IPMC 304.13 (1) Violation: Windows, skylights, doors and/or frames are not being kept in good repair and weather tight. CEB Agenda Page I of 5 (2) Corrective Action: Make any necessary repairs to the above areas so that they are weather tight. Maintain all such areas in good repair at all times. Description: Fire extinguisher case glass is broken. IPMC 304.13.1 (l) Violation: Windows have cracks, holes or are completely broken out. (2) Corrective Action: Repair or replace all damaged or destroyed windows. Description: Building Entrance door locks are broken/damaged and missing parts. Door knob at Stair 6 does not latch and is missing parts of the hardware. Exterior door closers are not operating and/or are missing parts. (REPEAT) IPMC 304.15 (1) Violation: Exterior door, door assembly or hardware is in bad condition or locks on entry doors are not secure. (2) Corrective Action: Repair exterior door, door assembly, or hardware and/or locks on entry doors where there are defects. Description: Carpets, tile, walls, and ceilings throughout are dirty and unsanitary. Trash, litter, junk furniture, mattresses and appliances throughout common area halls and stairways. (REPEAT) IPMC 305.1 (1) Violation: The interior structure or equipment therein in not in good repair, is structurally unsound, or is in an unsanitary condition. (2) Corrective Action: Clean and sanitize the interior of the structure and/or equipment therein and maintain in a clean and sanitary condition. Description: Walls and ceilings are not maintained free of holes and peeling/flaking paint. IPMC 305.3 (1) Violation: Interior surfaces (i.e. windows, doors, floors, ceilings, etc.) are unsanitary or damaged. (2) Corrective Action: Clean and sanitize all interior surfaces and/or repair peeling, chipping, flaking or abraded paint. Cracked or loose plaster, decayed wood and other defective surface conditions need to be repaired. Surfaces which cannot be repaired must be replaced. Description. Carpets throughout common area halls and stairs is separating at the seams, has loose threads and tears creating a hazard. IPMC 305.4 (1) Violation: The stairs, ramp, landing, porch, deck, and/or other walking surface is damaged or in disrepair. (2) Corrective Action: Repair stairs, ramp, landing, porch, deck, and/or other walking surface that is in bad condition or needs repair. (1) Violation: The stairs, ramp, landing, porch, deck, and/or other walking surface is damaged or in disrepair. (2) Corrective Action: Repair stairs, ramp, landing, porch, deck, and/or other walking surface that is in bad condition or needs repair. Description. Top of stair guard is damaged (wood is cracked/broken). IPMC 305.5 (1) Violation: Failing to maintain every handrail and guard in good condition, firmly fastened and capable of supporting normally imposed loads. CEB Agenda Page 2 of 5 (2) Corrective Action: Repair or replace any defective handrails/guards so that they meet the requirements. Description: Light fixture does not have bulbs, not illuminated as required. IPMC 402.2 Violation: Failure to maintain required illumination in common area halls and stairways. Corrective Action: Replace all burnt out, missing or defective light bulbs. Ensure common halls and stairways are lighted at all times with at least a 60 -watt standard incandescent light bulb for each 200 square feet of floor area, spacing between lights shall not exceed 30 feet. Description: Leaks throughout water supply line in first floor hallway telling. IPMC 505.3 1) Violation: Water supply system is not installed properly and/or maintained. 2) Corrective Action: Make corrections to water supply system so that it is properly installed, provides sufficient volume and pressures of water to plumbing fixtures, operates safely and is free of defects and leaks. Description: Light fixtures throughout the common halls and stairways are missing covers which pose a hazard (REPEAT) IPMC 60 5. 1 Violation: Failure to maintain electrical equipment, wiring and appliances in a safe and approved manner. Corrective Action: Repair or replace any defective electrical equipment, wiring and/or appliances which are not maintained in a safe and approved manner. Violation: Failure to maintain electrical equipment, wiring and appliances in a safe and approved manner. Corrective Action: Repair or replace any defective electrical equipment, wiring and/or appliances which are not maintained in a safe and approved manner. Description: Fire extinguishers are not fully charged, on empty. NFPA 10: 7.7. LI 1) Violation: Failure to maintain fire extinguisher charged within the operable range. 2) Corrective Action: Recharge any rechargeable -type fire extinguishers after any use or when the need is indicated by an inspection or servicing. Description: Semi Trailer used as storage, stored in the parking lot. Storage containers are not allowed in a C -I zone. PMC 25.42.030 (1) Violation: Allowing container storage on your property which is located in a C-1 zone. (2) Corrective Action: Discontinue all container storage and remove all such containers from your property. A storage container is defined as a unit originally or specifically used or designed to store goods or merchandise during shipping or hauling by a vehicle, including but not limited to rail cars of any kind, truck trailers or multi -modal shipping containers. This definition also includes mobile homes. Description: Garbage collection and outdoor storage areas are not sight screened to block public view from Lewis St. (REPEAT) FMC 25.75.040 (1) (c) (3),(12) (1) Violation: Outdoor storage and trash collection areas located in a commercial or industrial zone with existing or new development and upon a lot adjacent to or visible from Lewis St. or 5th Ave., between "A" St. and Court St., shall be screened so as CEB Agenda Page 3 of 5 to obscure vision of such outdoor storage from Lewis St. and/or 5th Ave. (2) Corrective Action: Screen lot to obscure outdoor storage and trash collection areas from view of Lewis St. and/or 5th Ave. Description: Planting areas are not covered in live vegetation. Trash, leaves and other debris accumulated along and in fencing. (REPEAT) PMC 25.75.110 (1) (1) Violation: Failing to maintiain landscaping and/or screening free of weeds and trash and not providing, protecting, and permanently maintaining all landscaping material, areas and plants in a healthy, growing condition, replacing it when necessary. (2) Corrective Action: Remove and lawfully dispose of all weeds and trash and replace any dead/dying plants and other vegetation. Maintain landscaped areas in compliance with the provisions described above. Description: Areas of parking lot asphalt, from light standards to East End North side building, has been broken up and re -installed. Asphalt pieces are uneven, not secure and pose a hazard. PMC 25.78.090 (7) (1) Violation: Failing to maintain a parking lot and/or keep it free of weeds and litter. (2) Corrective Action: Provide regular maintenance for the parking lot. Maintenance shall include trash and weed removal, the repair of traffic control devices, signs, light standards, fences, surfacing materials, curbs, landscaping, and drainage facilities. Description: Allowing possible illegal activites to occur on site and allowing conditions to exist, which pose a hazard to the residents and guest of the adjacent hotel. (REPEAT) PMC 5.04.057 (C) (1) Violation: Failing to avoid all illegal practices or conditions on the business premises which do or may harmfully affect the public health, safety or welfare. (2) Corrective Action: Discontinue allowing, contributing to, and/or participating in any illegal practices or conditions on the business premises. Description: Allowing hazardous conditions, as noted in these violations to remain on the property which pose'a hazard to the occupants and guests of the property. (REPEAT) PMC 9.60.020 (4) (1) Violation: Rendering other persons, in any way, insecure in life or the use of property. (2) Corrective Action: Discontinue all actions which are causing others to be insecure in the use of their property. Description: Chainlink fence and gate is dilapidated Remove or properly repair fencing. (REPEAT) PMC 9.60.030 (11) (1) Violation: Any unsightly building, billboard, fence, excavation, or other structure, or any abandoned or partially destroyed building, fence, excavation or structure, or any building, fence, excavation or structure commenced and left unfinished. (2) Corrective Action: Make necessary repairs to building(s), billboard(s), fence(s) and/or other dilapidated structures, complete structure or excavation or demolish and lawfully remove structure(s) from the property. Description: Trash, litter, building material debris throughout exterior ofproperry. (REPEAT) PMC 9.60.030 (6) (1) Violation: Any parcel within the City which is filthy, littered or trash -covered due to placing, dropping, disposing, throwing away, or otherwise discarding litter, garbage, refuse, cans, bottles, paper or paper material, metal, organic or inorganic CEB Agenda Page 4 of 5 material on areas of the property other than approved garbage containers. (2) Corrective Action: Remove and lawfully dispose of all litter, garbage, junk or vegetative waste on the property. Description: Dangerous fire damaged structure is not secured from unlawful entry. Door is unlocked from the apartment building side and windows are not boarded/secured. PMC 9.60.040 (1) Violation: Failure to secure an unoccupied or abandoned building. (2) Corrective Action: Close all openings or damaged windows with 1/2" exterior grade plywood painted a solid black color or another solid color that will match the exterior of the structure. Plywood must be cut so that it evenly covers and secures the opening(s). Description: Graffiti throughout common area halls and stairs throughout the apartment building at the West end of the property. Allowing graffiti to remain on the property. (REPEAT) PMC 9.85.050 (1) (2) (1) Violation: Permitting graffiti to remain unabated on any portion of any property. (2) Corrective Action: Remove or paint over all graffiti until it is no longer visible. Maintain property free from graffiti. c. Amendments d. Dismissals e. Motion E. STAFF REPORT AND OTHER BUSINESS F. ADJOURNMENT This meeting is broadcast live on PSC -TV Channel 191 on Charter Cable and streamed at www.pasco-wa.gov/psctvlive. Audio equipment available for the hearing impaired; contact staff for assistance. CEB Agenda Page 5 of 5 CODE 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 MEMORANDUM January 28, 2016 TO: Rick White, Director Community &, Economic Development FROM: Troy Hendren, Inspection Services Community &, Economic Developy SUBJECT: Reports for the Month of January, 2016 Please find attached copies of the Code Enforcement Activity Reports for the month of January: (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, January, 2016 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. 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