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HomeMy WebLinkAbout09082016 Code Enforcement Board Minutes 09082016 CEB Minutes Page 1 of 6 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. 09082016 CEB Minutes Page 2 of 6 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. 09082016 CEB Minutes Page 3 of 6 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. 09082016 CEB Minutes Page 4 of 6 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 09082016 CEB Minutes Page 5 of 6 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. 09082016 CEB Minutes Page 6 of 6 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