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Home My WebLink About04142016 Code Enforcement Board Minutes 04142016 CEB Minutes Page 1 of 5 CODE ENFORCEMENT MINUTES MEETING OF APRIL 14, 2016 A. CALL TO ORDER Chairperson Glatt called the regular meeting of the Code Enforcement Board to order at 7:20 p.m. B. ROLL CALL a. Board Members MEMBERS PRESENT Daniel Gottschalk Mary Gutierrez Russell Glatt MEMBERS ABSENT C. ADOPTION OF MINUTES: Board Member Gutierrez moved, seconded by Board Member Gottschalk, that the minutes of the March 3, 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. Irwin, Robert, case number CEB2015-3168, for the property located at 2103 N 18th Dr 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 violations on this property were PMC 10.52.030(4) – Motor home stored on the street, PMC 25.75.110(1) – Front yard landscaping is dry and dead, PMC 9.60.030(12) – Inoperable vehicles (RVs) stored on the property, PMC 9.60.030(16) Tall, dry weeds and accumulated cut and dry tree limbs and debris throughout the property and PMC 9.60.030(6) – Trash, litter and miscellaneous debris stored in unapproved containers. The property was inspected on October 20, 2015 and violations of the Pasco Municipal Code were observed and determined to be repeat violations. A previous notice was issued on August 13, 2014 for one or more of the cited violations. A repeat notice of civil violation was issued on October 20, 2015 via certified mail. The property owners were legally notified on October 24, 2015. Based on a final inspection of the property completed on April 14, 2016 the property is not in compliance at this time. The City of Pasco recommended giving the respondent an additional 10 days to abate the remaining violations or pay a daily penalty of $50 per day for 10 days. Karen Clubb, 2103 N 18th Dr, 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. 04142016 CEB Minutes Page 2 of 5 Board Member Gottschalk further moved, seconded by Board Member Guttierez, to give the respondent 10 days to removed garbage on the property and 30 days to resolve all other violations on the property or pay a penalty of $50 per day for 10 days. The motion carried unanimously. ii. City of Pasco vs. Sohal Development LLC, case number CEB2016-0094, for the property located at 1800 W Lewis 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 violations on this property were IPMC 304.13.1 – Glass in fire extinguisher cabinet is not secured in the cabinet and/or broken, IPMC 304.15 – Door jambs are broken at the strike plate, doors cannot be properly or tightly secured, IPMC 305.1 – Window curtain railings are not secured, IPMC 305.3 – Wall and door frame trim is broken, not secured and hazardous, IPMC 305.4 – Broken and/or loose tiles on bathroom floors and damaged carpet, not in sound condition in rooms, common areas and halls, IPMC 403.2 – Bathroom ventilation fans are inoperable (no windows present for alternate ventilation), IPMC 602.3 – No heat source in bathroom (heat lamps are missing or inoperable), IPMC 605.1 – 2nd floor hallway air conditioner cover is missing, 297/298 heater wiring cover plate is not secured, wires are exposed, IPMC 605.2 – Outlets and missing required face plate covers, IPMC 704.2 – Smoke detectors throughout sleeping rooms are missing or inoperable and smoke detector on west end stair wall is inoperable, IRC P2705.1(3) – Seal areas where plumbing fixtures meet with th wall or the floor (toilet base and tub/shower at floor), PMC 5.04.020 – City of Pasco business license for 2016 is on hold due to the “Loyalty Inn” hotel not being properly licensed with the Washington State Department of Health – Transient Accommodations, PMC 5.04.052 – Hotel license application needs to be updated with the correct business name and number of hotel rooms, PMC 5.04.057(A) – Washington State Department of Health – Transient Accommodations license for the “Loyalty Inn” hotel #TA.FS.00001393 expired 6/14/2015 and the business owner has failed to comply with state requirements for licensing a hotel and therefore is not in compliance with the City of Pasco requirements for licensing and PMC 9.85.050(1)(2) – Graffiti in common area hallways and rooms. The property was inspected on January 25, 2016 and violations of the Pasco Municipal Code were observed. A correction notice was issued on January 26, 2016. A re-inspection of the property was not scheduled as required. The property determined to still be in violation of the Pasco Municipal Code. A notice of civil violation was issued on February 18, 2016. The property owner, Sohal Development LLC, was legally notified in person on April 1, 2016. A progress inspection was conducted on April 1, 2016 which revealed violations still existed. State Transient Accommodations health inspector conducted a re-license inspection on the same day. Per conversation with the state inspector, the hotel must comply with the City of Pasco’s violations prior to approving the business for a state license. A final compliance inspection was completed on April 14, 2016. The property is not in compliance at this time. The City of Pasco recommended giving the respondent an additional 10 days to abate the remaining violations or pay a daily penalty of $200 per day for 10 days. Mohinder Sohal, 16733 168th Terrace, Renton, WA, 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. 04142016 CEB Minutes Page 3 of 5 Board Member Gutierrez further moved, seconded by Board Member Glatt, to give the respondent 10 days to abate the violations or pay $200 per day for 10 days. The motion carried 2 to 1 with Board Member Gottschalk dissenting. iii. City of Pasco vs. Buseva, Mariya, case number CEB2015-0181, for the property located at 415 W Shoshone 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 – Failure to obtain a permit for the conversion of a garage to habitable space, PMC 9.60.020(3) Vehicles & miscellaneous debris obstructing the alley way, PMC 9.60.030(10) – (Repeat) Large pile of scrap wood in front on planting strip and PMC 9.60.030(6) – Large quantity of miscellaneous debris, household furniture, building materials, plastic, etc. The property was inspected on February 13, 2016 and violations of the Pasco Municipal Code were observed and determined to be repeat violations. A previous notice was sent on December 22, 2015 for a large pile of scrap wood dumped on the city right-of-way planting strip in from of this residence. A repeat notice of civil violation was issued on February 22, 2016 via certified mail. The property owner was legally notified on February 26, 2016. Based on a final inspection of the property which was completed on April 14, 2016 the property is not in compliance at this time. The City of Pasco recommended giving the respondent an additional 10 days to abate the remaining violations or pay a daily penalty of $400 per day for 10 days and imposing a $200 repeat penalty. Mariya Buseva, 415 W. Shoshone, spoke on behalf of this case. CODE BOARD DECISION: Board Member Gottschalk moved, seconded by Boar d 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 re peat penalty of $200 and give 20 days to abate the violations or pay $400 per day for 10 days. The motion carried unanimously. iv. City of Pasco vs. Quality First Construction LLC, case number CEB2016-0280, for the property located at 4914 Bighorn Dr 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 9.56.030, 9.56.040 – (Repeat) Failure to maintain dust control on this vacant lot as dust from this location is migrating and accumulating in the street and neighboring yards, PMC 9.60.030(16) – Dead, dry tumbleweeds and weeds throughout vacant lot and PMC 9.60.030(6) – Concrete debris on this vacant land. The property was inspected on March 7, 2016 and violations of the Pasco Municipal Code were observed and determined to be repeat violations. A correction notice was issued on June 20, 2014 for failure to maintain dust control. The property owner added sprinklers to their site to control dust and the case was closed as of July 3, 2014. A repeat notice of civil violation was issued on March 14, 2016. The property owner, Quality First Construction LLC, was legally notified on March 17, 2016 via certified mail. Based on a final inspection of the property completed on April 14, 2016 the property is in compliance at this time. 04142016 CEB Minutes Page 4 of 5 The City of Pasco recommended imposing a repeat penalty of $200. Francisco Olivera, 4910 Acorn Dr, 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. The motion carried 2 to 1 with Board Member Glatt dissenting. v. City of Pasco vs. Quality First Construction, case number CEB2016-0282, for the property located at 4910 Bighorn Dr 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 9.56.030, 9.56.040 – Failure to maintain dust control on this vacant lot as dus t from this location is migrating and accumulating in the street and neighboring yards and PMC 9.60.030(16) – Dead, dry tumbleweeds and weeds throughout vacant lot and encroaching on neighboring properties. The property was inspected on March 7, 2016 and violations to the Pasco Municipal Code were observed and determined to be repeat violations. A correction notice was issued on June 20, 2014. The property owner added sprinklers to the site to control dust and the previous case was closed as of July 3, 2014. A repeat notice of civil violation was issued on March 14, 2016. The property owner, Quality First Construction LLC, was legally notified on March 17, 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 April 14, 2016 the property is in compliance at this time. The City of Pasco recommended imposing a repeat penalty of $200. Francisco Olivera, 4910 Acorn Dr, 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 Glatt, to impose a repeat penalty of $200 to be held in abeyance for 12 months if no further violations occur on the property. The motion carried 2 to 1 with Board Member Gutierrez dissenting. vi. City of Pasco vs. Tochinskiy, Nikolay, case number CEB2016-0300, for the property located at 3512 W Opal 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 violation on this property was PMC 9.60.030(2) – Bees causing a nuisance condition. The property was inspected on March 10, 2016 and violations of the Pasco Municipal Code were observed and determined to be a repeat violation. A previous notice was sent on June 5, 2014 for keeping bee hives in the rear yard. The case was closed because no further 04142016 CEB Minutes Page 5 of 5 complaint came in and it was assumed that the bees had been removed. A repeat notice of civil violation was issued on March 11, 2016 via certified mail. The property owner was legally notified on March 14, 2016. Based on phone calls on March 30, 2016 from a neighbor and from the property owner stating that the bees had been removed from the property and at this time the property is in compliance. A complaint was received by the neighbor because the neighbor had been stung numerous time and had ended up in the emergency room. The City of Pasco recommended imposing a repeat penalty of $200. Nikolay Tochinskiy, 3512 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 repeat penalty of $200 but held in abeyance for 12 months. The motion carried unanimously. b. Amendments i. City of Pasco vs. Kubik, Charles, case number CEB2016-0397, for the property located at 110 W Columbia St c. Dismissals d. Motion Board Member Gottschalk made a motion to approving Resolution No. 2016-004 as amended, Board Member Gutierrez seconded. The motion carried unanimously. E. STAFF REPORT AND OTHER BUSINESS: Rick White, Community & Economic Development Director, discussed two new candidates for the Code Board. Troy Hendren, Inspection Services Manager, stated that the May Code Board Hearing would be held at 7:00 p.m. on Thursday, May 12, 2016. F. ADJOURNMENT There being no further business before the Pasco Code Enforcement Board, the meeting was adjourned by Board Member Gutierrez at 8:52 p.m. ______________________________________ Krystle Shanks, Administrative Assistant II Community & Economic Development