HomeMy WebLinkAbout09082016 Code Enforcement Board Minutes
09082016 CEB Minutes
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CODE ENFORCEMENT MINUTES
MEETING OF SEPTEMBER 8, 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
James Rawlinson
Mary Gutierrez
Russell Glatt
MEMBERS ABSENT
Danial Gottschalk
Charles Harding
C. ADOPTION OF MINUTES:
Board Member Gutierrez moved, seconded by Board Member Rawlinson, that the minutes of the July 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.
a. Hearings
i. City of Pasco vs. Castellanos, Maria Velia, case number CEB2016-1981, for the property
located at 943 W Ruby St
Troy Hendren, Inspection Services Manager, asked Code Enforcement Officer Alonso Torres to
read the case facts into the record.
Mr. Torres indicated that the cited violation on this property was PMC 8.02.190 – Failure to
license dogs found on site. The property was inspected on July 9, 2016 and violations of the
Pasco Municipal Code were observed and were determined to be a seco nd offense violation.
Previous notices were sent on March 16, 2012 and June 4, 2014 for the same violation. A second
offense notice of civil violation was issued on July 11, 2016 and the property owner was legally
notified on July 14, 2016. Based on a final inspection of the property completed on July 29,
2016 the property is in compliance at this time and the dog on site is licensed.
The City of Pasco recommended imposing a second offense penalty of $100.
Maria Castellanos, 943 W. Ruby Street, spoke on behalf of this case.
CODE BOARD DECISION: Board Member Rawlinson moved, seconded by Board Member
Gutierrez, that the actions taken by the City were appropriate and timely. The motion carried
unanimously.
Board Member Rawlinson moved, seconded by Board Member Gutierrez, to impose a second
offense penalty of $100 to be held in abeyance for 12 months. The motion carried unanimously.
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ii. City of Pasco vs. Contreras, Rios, case number CEB2016-0215, for the property located at
832 N Waldemar 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 6.04.090 – Failure to
maintain required garbage service. The City of Pasco is notified via email from Basin Disposal
of non-service. The City was notified of this property on February 25, 2016 that the property was
in violation of the Pasco Municipal Code. A correction notice was issued on February 25, 2016.
A re-inspection with Basin Disposal revealed that it was still in violation and a second notice of
civil violation was issued on May 20, 2016. The property owner was legally notified via process
server on July 18, 2016. Based on a final inspection with Basin Disposal completed on
September 7, 2016 the property is still not in compliance at this time as garbage service has not
been restored.
The City of Pasco recommended imposing a fee of $45 to reimburse the City of the cost of
personal service of the notice and to give the respondent an additional 5 days to abate the
violation or pay a daily penalty of $100 per day for 10 days.
Adriana Flores, 832 N. Waldemar Avenue, spoke on behalf of this case.
CODE BOARD DECISION: Board Member Gutierrez moved, seconded by Board Member
Rawlinson, that the actions taken by the City were appropriate and timely. The motion carried
unanimously.
Board Member Rawlinson moved, seconded by Board Member Gutierrez, to impose a penalty of
$45 and to give the respondent 5 days to abate the violation or pay a penalty of $100 per day for
10 days. The motion carried unanimously.
iii. City of Pasco vs. Cammer, R Theron, case number CEB2016-1689, for the property located
at 4012 W Opal St
Troy Hendren, Inspection Services Manager, asked Code Enforcement Officer Alonso Torres to
read the case facts into the record.
Mr. Torres indicated that the cited violation on this property was PMC 25.75.110(1) – Failing to
maintain landscape in a healthy growing condition. The property was inspected on June 17, 2016
and violations to the Pasco Municipal Code were observed and determined to be a repeat
violation. A previous notice was sent on July 18, 2014 for the same violation. A repeat notice of
civil violation was issued on June 21, 2016 and the property owner was legally notified on
August 8, 2016 via process server. Based on a final inspection of the property completed on
September 8, 2016 the property is still not in compliance at this time.
The City of Pasco recommended imposing a fee of $45 to reimburse the City of the cost of
personal service of the notice, pay a $200 repeat penalty and to give the respondent an additional
10 days to abate the violation or pay a daily penalty of $100 per day for 10 days.
Theron Cammer, 4012 W. Opal Street, spoke on behalf of this case.
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CODE BOARD DECISION: Board Member Gutierrez moved, seconded by Board Member
Rawlinson, that the actions taken by the City were appropriate and timely. The motion carried
unanimously.
Board Member Rawlinson moved, seconded by Board Member Gutierrez, to impose a penalty of
$45 to reimburse the City for serving the notice, imposing a $200 repeat penalty to be held in
abeyance for 12 months and to give the respondent 15 days to sign a voluntary correction
agreement or pay $100 per day for 10 days and pay a $200 repeat penalty. The motion carried
unanimously.
iv. City of Pasco vs. Garcia, Adelina, case number CEB2016-2077, for the property located at
629 W Clark St
Troy Hendren, Inspection Services Manager, asked Code Enforcement Officer Alonso Torres to
read the case facts into the record.
Mr. Torres indicated that the cited violations on this property were PMC 9.60.030(20) – Outdoor
storage, production and growing of marijuana and marijuana products not allowed and PMC
9.60.030(21) – Marijuana odor creating a nuisance. On July 20, 2016 an anonymous voicemail
was left on the Code Enforcement Line stating that this address there was marijuana being grown
in the backyard and was creating a nuisance with the odor. A notice of civil violation was issued
to a gentleman named, Manuel, who was on site representing the property owner. A notice of
civil violation was issued based on a verbal warning that was given to Manuel on the day that he
applied for a demo fence permit that he applied for at City Hall on July 5, 2016. During that visit
on July 5, 2016, Troy Hendren, Inspection Services Manager, told Manuel that collective
gardens/outdoor marijuana growth is not allowed in the City of Pasco. At the time Mr. Torres
visited the property, Manuel asked why a violation was issued when the property owner had all
his required licenses. Mr. Torres explained that the violation notice was solely for the outdoor
storage and growing of the marijuana plants as well as the odor that the plants were producing.
Manuel stated that at this point in the process the plants do not give off an odor and that the
plants were only outside during the day. Mr. Torres stated that he explained to him that based on
Ordinances 4166 and 4304 that all outdoor storage and production of marijuana plants was
prohibited in the city limits. Mr. Torres stated that the property owner had until August 1, 2016
to remove all of the marijuana plants. If the plants were not removed to no longer be outside a
daily penalty of $500 per day would be given for a total of 10 days. Mr. Torres explained that he
needed to contact Code Enforcement by August 1st to avoid any penalties. He was also given the
option to attend the Code Board Hearing scheduled for September and he stated that he would
attend. On July 29, 2016, Manuel came to City Hall to apply for a 6’ tall cedar fence that was
illegally constructed to 8’ tall without a permit. The fence was to be located in the backyard
behind the already existing fence. The p ermit application shows that it is a cooperative garden
which is a violation of the city ordinance. On August 1, 2016, the start of the penalty, Mr. Torres
called to confirm that the plants have been removed. Manuel did not answer his phone and Mr.
Torres was unable to leave a voicemail. On August 3, 2016, a continuation notice was sent
notifying the property owner that the September hearing was moved from September 1 st to
September 8th. On August 10th, the end of the penalty, Mr. Torres called Manuel again to
confirm the removal of marijuana plants and still could not reach him or leave a voicemail. On
August 17th and August 19th, Mr. Torres called again to confirm if the continuation notice was
received and still Manuel would not answer and a voicemail could not be left.
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On August 22nd, Manuel called Code Enforcement to schedule an appearance for the September
8th Code Enforcement Board Hearing and left a message for Mr. Torres to call him back. On
August 23, 2016, Mr. Torres called Manuel back but received no answer. On August 24 th, Mr.
Torres tried calling again but did not receive an answer and so he visited the property around
4:00 p.m. but no one was home. On August 26th, around 3:30 p.m. the Inspection Services
Manager and Mr. Torres drove through the alley behind the property and could easily tell that the
plants had not been removed and the odor was present even inside the vehicle. Based on a final
inspection of the property completed on September 8, 2016 the property is still not in compliance
at this time.
The City of Pasco recommended imposing a daily penalty of $500 per day for 10 days imposed
retroactively from August 1, 2016 to August 10, 2016 for a total of $5,000 for the outdoor
storage and production of marijuana plants and that all outdoor marijuana plants be removed
within 72 hours or a repeat notice will be issued.
Manuel Mendoza, 629 W. Clark Street, spoke on behalf of this case.
CODE BOARD DECISION: Board Member Gutierrez moved, seconded by Board Member
Rawlinson, that the actions taken by the City were appropriate and timely. The motion carried
unanimously.
Board Member Rawlinson moved, seconded by Board Member Gutierrez, to impose a penalty of
$500 per day for 10 days set retroactively from August 1, 2016 to August 10, 2016 for a total of
$5,000 and be given 72 hours to remove all outdoor marijuana plants or a repeat notice will be
issued. The motion carried unanimously.
v. City of Pasco vs. Chaires, Artemio, case number CEB2016-2415, for the property located at
411 Madrona Ave
Troy Hendren, Inspection Services Manager, asked Code Enforcement Officer Alonso Torres to
read the case facts into the record.
Mr. Torres indicated that the cited violations on this property were PMC 9.60.030(20) – Outdoor
storage, production and growing of marijuana and marijuana products not allowed and PMC
9.60.030(21) – Marijuana odor creating a nuisance. On August 11, 2016 an anonymous
complaint was submitted via online com plaint form stating that marijuana was being grown at
this address and the odor was becoming an issue. The same day a correction notice was issued
and a copy was taken to the property. The person who accepted the notice was the property
owner’s wife, Maria Villanueva. She stated that her husband was at work and asked what the
notice was for. Mr. Torres explained to her it was for the outdoor storage and growth of
marijuana plants as well as the odor. She stated that her husband had all of the medical l icenses
and that the plants were behind a fence . Mr. Torres explained that per Ordinances 4166 and
4304, the outdoor storage and growth of marijuana plants was prohibited in the city limits. The
marijuana plants needed to be removed within 10 days of the notice, which would make the
deadline August 23, 2016. If they failed to remove the plants a notice of civil violation would be
issued giving them a hearing date and a penalty of $500 per day for 10 days. Ms. Villanueva said
she would speak to her husband and contact Code Enforcement with their decision. On August
16, 2016, Artemio Chaires and Maria Villanueva came to the Code Enforcement Department and
asked what would happen if the plants were not removed by the August 23, 2016 deadline. Mr.
Torres told them that a notice of civil violation would be issued and a hearing would be
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scheduled. He also reminded them about the daily penalty of $500 per day for 10 days. Mr.
Chaires stated that he would let Mr. Torres know by August 24, 2016 of his decision . On August
24, 2016, Maria called Mr. Torres and they had not removed the plants because they wished to
attend the hearing. Mr. Torres issued a notice of civil violation and delivered a copy to the
property where again he met with Maria and told her that the hearing date was scheduled for
September 8, 2016 and that the daily penalty of $500 per day for 10 days would start August 27,
2016 and end September 5, 2016. Maria confirmed that her husband would be attending the
hearing. Based on a final inspection of the property completed on September 8, 2016 th e
property still is not in compliance.
The City of Pasco recommended imposing a daily penalty of $500 per day for 10 days imposed
retroactively from August 27, 2016 to September 5, 2016 for a total of $5,000 for the outdoor
storage and production of marijuana plants and that all outdoor marijuana plants be removed
within 72 hours or a repeat notice will be issued.
Artemio Chaires, 411 Madrona Avenue, spoke on behalf of this case.
CODE BOARD DECISION: Board Member Gutierrez moved, seconded by Bo ard Member
Rawlinson, that the actions taken by the City were appropriate and timely. The motion carried
unanimously.
Board Member Gutierrez moved, seconded by Board Member Rawlinson, to impose a penalty of
$500 per day for 10 days set retroactively from August 1, 2016 to August 10, 2016 for a total of
$5,000 and be given 72 hours to remove all outdoor marijuana plants or a repeat notice will be
issued. The motion carried unanimously.
vi. City of Pasco vs. Ortega, Manuel, case number CEB2016-1648, for the property located at
1743 N 7th 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 8.02.190 – Failure to
license dog on site. At the end of dog canvassing on March 1, 2016, city records indicated that
there was a dog found on site that was not licensed and was determined to be a second offense
violation. A notice was sent on April 17, 2012 and this case was closed with no contact from the
owner and not in compliance. Again a dog was found on site during annual canvassing and a
first offense notice of civil violation was sent October 3, 2013. This time a small dog was
observed on site on November 7, 2013. Manuel’s son came to the Code Enforcement
Department and said that they no longer had the dog and that it was given to family in Burbank.
Ms. Scott asked him to provide the name, address and phone number to that family member but
he did not have their information with him so he stated that he would call with that information.
On the same day, Manuel’s son came back and provided the information as to where he left the
dog. Due to this being a first offense the case was dismissed. A second offen se notice of civil
violation was issued on June 21, 2016 via certified mail. The property owner was legally notified
on June 24, 2016. Based on the dog licensing database, the property owner’s licensed their dog,
a German Shepard, on June 27, 2016 and the property is in compliance at this time.
The City of Pasco recommended imposing a second offense penalty of $100.
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Manuel Ortega, 1743 N. 7th Avenue, spoke on behalf of this case.
CODE BOARD DECISION: Board Member Gutierrez moved, seconded by Board Member
Rawlinson, that the actions taken by the City were appropriate and timely. The motion carried
unanimously.
Board Member Rawlinson moved, seconded by Board Member Gutierrez, to impose a repeat
penalty of $100 to be held in abeyance for 12 months. The motion carried unanimously.
b. Amendments
c. Dismissals
i. City of Pasco vs. Juarez, Victor & Hermelinda, case number CEB2016-1608, for the
property located at 51 Bonanza Dr
ii. City of Pasco vs. Madrid, Ramon & Isabel case number CEB2016-1613, for the property
located at 4004 W Margaret St
iii. City of Pasco vs. Mendoza, Jose case number CEB2016-1742, for the property located at
5407 Oriole Ln
iv. City of Pasco vs. Durante, Anotnio case number CEB2016-1774, for the property located at
114 N 8th Ave
v. City of Pasco vs. Peregrino, Gloria case number CEB2016-2085, for the property located at
1003 N 8th Ave
vi. City of Pasco vs. Avila, Jose & Zenaida case number CEB2016-2367, for the property
located at 5106 Catalonia Dr
d. Motion
Board Member Rawlinson made a motion to approving Resolution No. 2016-009 as amended, 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 at
9:02 p.m.
______________________________________
Krystle Shanks, Administrative Assistant II
Community & Economic Development