Loading...
HomeMy WebLinkAbout10062016 Code Enforcement Board Minutes 10062016 CEB Minutes Page 1 of 9 CODE ENFORCEMENT MINUTES MEETING OF OCTOBER 6, 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 Daniel Gottschalk MEMBERS ABSENT Charles Harding C. ADOPTION OF MINUTES: Board Member Rawlinson moved, seconded by Board Member Gutierrez, that the minutes of the September 8, 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. Campbell, Johnny & Cynthia, case number CEB2016-0742, for the property located at 905 Road 48 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 302.8 – Inoperable and unlicensed vehicles stored in the city right of way at the front of the property and in the driveway, PMC 9.60.010 (10) – Lumber and wood discarded throughout rear and side yards which is not neatly stacked, is a place to harbor cats and rodents and is a fire hazard, PMC 9.60.030 (16) – Weeds and grass in excess of 12” in height throughout property and in city right of way along Road 48, dry weeds and leaf debris throughout which poses a fire hazard, trees and vines growing over the fence and encroaching on neighboring properties, trees growing into the electrical service wiring that poses a fire hazard, PMC 9.60.030 (6) – Piles of vegetative waste, leaves, debris, boxes, litter and trash bags throughout the property and PMC 9.60.030 (9) – Discarded appliances in rear yard and stored in the truck bed at the front of the property. The property was inspected on May 11, 2016 after receiving complaints from mul tiple neighbors. Violations to the Pasco Municipal Code were observed. Due to a prior case in 2013 for the same violations a notice of civil violation was issued on May 12, 2016. The property owners were legally notified on May 12, 2016 by posting the notice to the house. Because the property was vacant a notice was also mailed to the owners and the residents in Pasco. On the compliance date of May 31, 2016 Mrs. Campbell called to notify Ms. Johnson that she and her husband had recent medical issues. They were trying to clean up the property but didn’t have the money to hire 10062016 CEB Minutes Page 2 of 9 someone and were unable to do the work themselves. Ms. Johnson gave her the phone number to a volunteer service to see if she could get assistance. The property was inspected on June 2, 2016 with Mrs. Campbell and her godson, Eldon, who was helping clean the property. After seeing some improvement the compliance date was extended and the case was continued to the July hearing. On June 17, 2016, Ms. Johnson received a call from Bill Walker who stated he was hired to assist in cleaning up the property starting that week. On July 5, 2016, Code Enforcement Officer Barajas spoke with Mr. Walker who stated they were over halfway done but would not be in compliance by the hearing date and requested another extension. Mr. Barajas granted the extension. On July 20, Mr. Barajas heard from Mrs. Walker stating that she would not be in compliance by the hearing. Mr. Barajas also gave Mrs. Walker the number to a volunteer agency to see if she could find assistance. The August hearing was cancelled and the case was continued to the October hearing. Ms. Johnson met the property owner on September 26, 2016 and found that while some progress had been made early on the property had regressed and seemed to be in worse shape than initially. Based on a final inspection of the property completed on October 6, 2016 the property is still not in compliance with the Pasco Municipal Code. The City of Pasco recommended giving the respondent an additional 10 days to abate the violations or pay a daily penalty of $50 per day for 10 days. Cynthia Campbell, 905 Road 48, 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 Gottshchalk moved, seconded by Board Member Rawlinson, to give the respondent 30 days to abate any remaining violations or pay a pen alty of $50 per day for 10 days. The motion carried unanimously. ii. City of Pasco vs. Montez, Veronica, case number CEB2016-2355, for the property located at 1723 N 16th 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 – Pitbull license renewal. On March 1, 2016 the dog license for this property expired and was determined to be a second offense violation. A previous correction notice was sent on April 1, 2014. The pitbull was licensed April 14, 2014 and the case was closed. On July 23, 2015 a second offense notice of civil violation was sent and the dog was licensed on July 27 2015 and the case was dismissed. A second offense notice of civil violation was issued on August 9, 2016 via process server. The property owner was legally notified on September 15, 2016 of the violation to the Pasco Municipal Code. The pitbull was licensed with Animal Control on August 17, 2016. This property is in compliance at this time. The City of Pasco recommended imposing a penalty of $45 to reimburse the City for the cost of personal service of the notice and imposing a repeat penalty of $1,000. Veronica Montez, 1723 N 16th Avenue, spoke on behalf of this case. 10062016 CEB Minutes Page 3 of 9 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 moved, seconded by Board Member Rawlinson, to impose a penalty of $45 to reimburse the City and impose a repeat penalty of $1,000. The motion carried 3 to 1 with Board Member Glatt dissenting. iii. City of Pasco vs. Le, Hung & Hanh, case number CEB2016-2496, for the property located at 2209 Road 33 Ct 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 the dog for 2016. On March 1, 2016 the dog license for the property expired and was determined to be a second offense violation. A previous correction notice was sent on April 11, 2012 for an expired dog license. This case was closed with no response. On October 1, 2013 a first offense notice was sent for failure to renew the dog license. The license was renewed on October 14, 2013 and the case was dismissed. A second offense notice of civil violation was issued on August 19, 2016 via certified mail. The dog owners were legally notified on August 24, 2016. The license was renewed on August 22, 2016 and the property is in compliance at this time. The City of Pasco recommended imposing a second offense penalty of $100. Hung Le, 2209 Road 33 Court, 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 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. iv. City of Pasco vs. Gomez, William & Gama, Jose, case number CEB2016-2502, for the property located at 227 S Hugo 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 renew 2016 dog license. On March 1, 2016 the dog license expired and was determined to be a second offense violation. A previous correction notice was sent on April 20, 2012 for failure to license a dog that was canvassed at this location. The case was closed with no response. On June 1, 2015 a first offense notice of civil violation was sent for a canvassed dog found at this location. The dog was license on June 4, 2015 and the case was dismissed. A second offense violation notice was sent on August 24, 2016 via certified mail. The dog owners were legally notified on September 7, 2016. The dog was licensed on September 15, 2016 and the property is in compliance at this time. 10062016 CEB Minutes Page 4 of 9 The City of Pasco recommended imposing a second offense penalty of $100. William Gomez, 227 S Hugo Avenue, spoke on behalf of this case. CODE BOARD DECISION: Board Member Rawlinson moved, seconded by Board Member Gottschalk, that the actions taken by the City were appropriate and timely. The motion carried unanimously. Board Member Gottschalk 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. v. City of Pasco vs. Solaita, Maria, case number CEB2016-2556, for the property located at 1507 W Irving 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 12.12.047 (A) – Failure to maintain planting strip with live vegetation, PMC 25.75.110 (1) – Failure to maintain landscaping in a healthy growing condition and PMC 9.60.030 (16) – Overgrown weeds. The property was inspected on August 24, 2016 and violations of the Pasco Municipal Code were observed and determined to be repeat violations. A previous notice was sent on January 12, 2016. A repeat notice was issued August 25, 2016 via certified mail and the property owner was legally notified on September 14, 2016. The property is not in compliance at this time. The City of Pasco recommended giving the respondent until 4/30/2017 to maintain front yard and to abate the violations or pay a daily penalty of $100 per day for 10 days and to impose a repeat penalty of $200. Maria Solaita, 1507 W Irving 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 Gutierrez moved, seconded by Board Member Gottschalk, to give the respondent until 4/30/2017 to maintain front yard and to abate the violations or pay a daily penalty of $100 per day for 10 days and to impose a repeat penalty of $200. The motion carried 3 to 1 with Board Member Glatt dissenting. vi. City of Pasco vs. Daniels, Edmon & Hazel, case number CEB2016-2591, for the property located at 2610 W Margaret 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 were PMC 25.70.150 (2) (a-d) – Remove all inoperable vehicles to a fully enclosed building, PMC 25.75.110 (1) – Repeat – Failure to complete approved landscaping at this residence, PMC 25.75.110 (2) – Repeat – No 10062016 CEB Minutes Page 5 of 9 maintenance of this property, PMC 25.75.110 (3) – Front yard weeds restrict pedestrian traffic in the front of this property, PMC 6.04.090 – Repeat – Failure to maintain required garbage service, PMC 9.60.020 (1) – Endangering school children by having them walk into the street to go around the weeds in the front of this property, PMC 9.60.030 (12) – Storage of inoperable vehicle and vehicle parts in public view, PMC 9.60.030 (16) – Repeat – Tack weeds and dried weeds in front and side yard and PMC 9.60.030 (6) – Junk and miscellaneous debris in public view or on porch. A complaint was received and the property was inspected on August 29, 2016 and violations of the Pasco Municipal Code were observed and determined to be a second repeat violation. A previous notice was sent on April 2, 2015 for failure to maintain required garbage service which was a repeat notice of civil violation. The tenant who was the owners daughter was assessed a $200 penalty which has not been paid at this time and a lien has been prepared for this property on case number CEB2015-0368. On July 11, 2014 a correction notice was sent for dead front yard landscaping, dry dead bushes and weeds over 12” causing a fire hazard. This went to the Code Board and was assessed a daily penalty of $50 per day for 10 days for a total of $500. Payment arrangements were made but the property did not come into compliance. A second repeat notice of civil violation was issued on August 13, 2 016 via certified mail and the property owners and resident were legally notified on September 1, 2016. This property has been written up for violations multiple times from 2006-2016. Mr. & Mrs. Daniels have paid many fines over the years as this property has been a continued problem and these problems have never been completely corrected. Code Enforcement Staff has received 21 documented complaints and numerous undocumented complaints. The City has given the Daniels’ multiple extensions and attempts to bring this property into compliance. At this time the Daniels’ have not submitted a landscaping plan and there has been a blowing dust issue with the removal of the bushes. Based on a final inspection of the property completed on October 6, 2016 the pro perty is not in compliance at this time. The City of Pasco recommended giving the respondent 10 days to abate the violations or pay a daily penalty of $400 per day for 10 days and imposing a repeat penalty of $400.. Charvella McGary, 2610 W Margaret 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 Gottschalk moved, seconded by Board Member Gutierrez, to impose a second offense penalty of $200 and give the respondent 20 days to abate the remaining violations or pay a penalty of $400 per day for 10 days. The motion carried unanimously. vii. City of Pasco vs. Garcia, Adelina, case number CEB2016-2617, 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 and PMC 9.60.030 (21) – Marijuana odor creating a nuisance. On September 12, 2016 a repeat notice of civil violation was sent to this property via certified mail, regular mail and a copy was posted on the property. A previous notice was sent on July 20, 2016 for the same violations. On September 21, 2016 the 10062016 CEB Minutes Page 6 of 9 Inspection Services Manager, Troy Hendren, and Mr. Torres drove by the property and witnessed a man carrying a potted marijuana plant. When the man, Manuel Mendoza, saw the city vehicle he quickly hid it by tossing the plant over a neighboring fence. On September 22, 2016 Adelina Garcia came to the Code Enforcement office to submit a written request to change the hearing date. On September 26, 2016 a denial letter was sent via certified mail, regular mail and was posted to the property that denied the extension of the case. On September 28, 2016 the Code Officer, Rosanna Johnson, and Inspection Services Manager, Troy Hendren, verified marijuana odor coming from the property. On September 29, 2016, Code Officer, Debbie Scott, assessed a code complaint from a neighbor smelling the marijuana odor. Based on a final inspection of the property completed on October 5, 2016 the property is 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 September 12, 2016, pay a $200 repeat penalty and be given 72 hours to correct any remaining violations or a second repeat notice will be issued. Jillian Cook, TZMC Law, 1321 Columbia Park Trail, Richland, WA, spoke on behalf of this case. Mike Dorton, 217 N 6th Avenue, spoke on this case as the neighbor and said he has never smelled the marijuana. CODE BOARD DECISION: Board Member Rawlinson moved, seconded by Board Member Gottschalk, that the actions taken by the City were appropriate and timely. The motion carried unanimously. Board Member Rawlinson moved, seconded by Board Member Gottschalk, to impose a daily penalty of $500 per day for 10 days imposed retroactively from September 12, 2016, pay a $200 repeat penalty and be given 72 hours to correct any remaining violations or a second repeat notice will be issued. The motion carried unanimously. viii. City of Pasco vs. Martinez De Rodriguez, Blanca, case number CEB2016-2619, for the property located at 932 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 PMC 9.60.030 (21) – Marijuana odor creating a nuisance. On September 8, 2016 a complaint was received stating that there was marijuana being grown in the backyard and the smell was creating a nuisance. On September 10, 2016 a correction notice was issued via certified mail and delivered t o the property. There, Mr. Torres spoke to a man and Mr. Torres asked for Blanca but she was unavailable. Mr. Torres asked the gentleman to give the letter to Blanca. On September 16, 2016, Blanca came to the Code Enforcement office and spoke with Code Officer, Rosanna Johnson. A gentleman was with her to translate. They asked what the penalties were and what would happen if they did not remove the plants by the deadline. She was told if she did not remove the plants by September 20, 2016 a notice of civil violation would be issued and a penalty up to $5,000 would be imposed and she would receive a notice in the mail. On September 20, 2016, Mr. Torres spoke with Blanca and asked if she had removed the plants. She said that she had not removed them a nd was not planning to move them. Mr. Torres told her a notice of civil violation would be issued to 10062016 CEB Minutes Page 7 of 9 schedule a hearing date. She stated that she would be attending the hearing. On September 21, 2016 a notice of civil violation was issued and was sent via certified mail. The owner was legally notified September 26, 2016. On October 4, 2016, Attorney Raymond Hugh, contacted Mr. Torres regarding the case. He stated that he would be representing Blanca. Mr. Hugh also informed Mr. Torres that the marijuana plants had been removed. Mr. Torres informed him that he would have to verify that the plants had been removed before the property would be in compliance. He also informed him that a penalty up to $5,000 would be imposed if she failed to remove the plants before the daily penalty starting September 23, 2016. An inspection was set up for October 5, 2016 at 11:30 a.m. On October 5, 2016, Code Officer, Debbie Scott, verified that the marijuana plants had been removed. Based on a final inspection of the property completed on October 5, 2016 the property is in compliance. Mr. Torres also received a letter from Attorney Raymond Hugh to be submitted into the record. The City of Pasco recommended imposing a penalty of $500 per day for 10 days imposed retroactively from September 23, 2016. Blanca Martinez de Rodriguez, 932 Madrona Avenue, spoke on behalf of this case. CODE BOARD DECISION: Board Member Gottschalk moved, seconded by Board Member Rawlinson, that the actions taken by the City were appropriate and timely. The motion carried 3 to 1 with Board Member Gutierrez recused. Board Member Gottschalk moved, seconded by Board Member Rawlinson, to impose a daily penalty of $300 per day for 10 days imposed retroactively from September 23, 2016. The motion carried 3 to 1 with Board Member Gutierrez recused. ix. City of Pasco vs. Anguiano, Ruben, case number CEB2016-2628, for the property located at 823 W Nixon 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 PMC 16.04.010 – Repeat – Failure to obtain a City of Pasco building permit for modifications made to the fence on this property, PMC 25.75.050 (1) (d) – Repeat – Fence over 6’ in height and PMC 25.75.050 (1) (E) – Repeat – Unpermitted fencing materials used to construct a second fence inside the wood fence. The property was inspected on September 14, 2016 and violations of the Pasco Municipal Code were observed and determined to be repeat violations. On August 20, 2015 a notice of civil violation was issued for a dangerous unpermitted fence, unpermitted materials and fence over the allowed height. On August 26, 2015 all unpermitted materials were removed except for the tarp. A request for a compliance date extension was denied and Mr. Anguiano appeared at the September 3, 2015 hearing to request an extension. The extension was denied and he was given 3 days to remove the unpermitted materials. Mr. Anguiano brought the property into compliance and the case was closed without penalty. On September 14, 2016 a Stop Work Notice was posted for unpermitted modifications of the fence on this property. A repeat notice of civil violation was issued on September 15, 2016. The property owner was legally notified by posting a copy of the notice at the property on September 15, 2016. Mr. Anguiano removed all unpermitted materials which was verified on September 26, 2016. He submitted a permit application for the addition of a fence on September 15, 2016. The application was approved by the City of Pasco on October 10062016 CEB Minutes Page 8 of 9 3, 2016 but it has not been paid for or issued. Based on a final inspection of the property completed on October 6, 2016 the property is not in compliance at this time. The City of Pasco recommended giving the respondent and additional 10 days to abate the violations or pay a daily penalty of $100 per day for 10 days and imposing a repeat penalty of $200. Ruben Anguiano, 823 W Nixon 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 moved, seconded by Board Member Gottschalk, to give the respondent and additional 10 days to abate the violations or pay a daily penalty of $100 per day for 10 days and imposing a repeat penalty of $200. The motion carried unanimously. x. City of Pasco vs. Gomez, Maria, case number CEB2016-2648, for the property located at 616 N Sycamore Ave 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 302.8 – Inoperable, unlicensed vehicles stored on this property, PMC 10.52.030 (1) – Oil leaking from vehicles on the driveway and in the city street and PMC 25.66.020 – Operating a prohibited home occupation at this location. The property was inspected on September 19, 2016 and violations of the Pasco Municipal Code were observed and determined to be repeat violations. On November 10, 2015 a correction notice was sent for vehicle repair in t he driveway and yard and vehicles parked on unapproved surface. Maria contacted the Code Enforcement office on November 19, 2015 advising that all corrections had been made. Ms. Johnson advised her that all vehicle repairs must only be made in an enclosed structure and only on their own vehicles. The case was closed as it was in compliance on November 24, 2015. Several complaints were received again in 2016 for auto repair, leaking oil and storage of unlicensed junk vehicles. On September 21, 2016 a repeat notice of civil violation was issued. The notice was posted on the property on September 30, 2016 legally notifying the property owner of the conditions in violation. On September 30, 2016, Ms. Gomez contacted the Code Enforcement office by phone stating that she has received the notice in the mail and wanted clarification of the violations. Ms. Johnson discussed each violation and stated another copy of the notice had been posted for a follow up inspection. Ms. Gomez stated that she would speak to her husband and make sure all issues get resolved. Based on a final inspection of the property completed on October 6, 2016 the property is in compliance at this time. The City of Pasco recommended imposing a repeat penalty of $200. Maria Gomez, 616 N Sycamore Avenue, 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. 10062016 CEB Minutes Page 9 of 9 Board Member Gottschalk moved, seconded by Board Member Gutierrez, to impose a repeat penalty of $100. The motion carried unanimously. b. Amendments c. Dismissals i. City of Pasco vs. Dickerson, Linda & Smith, Kasey, case number CEB2016-2361, for the property located at 1732 W Shoshone St ii. City of Pasco vs. Puente, Jubencio & Maria, case number CEB2016-2450, for the property located at 2115 N 18th Dr iii. City of Pasco vs. King, Rosanna & Jenkins, Roy case number CEB2016-2489, for the property located at 214 N Sycamore Ave iv. City of Pasco vs. Brown, Anner case number CEB2016-2513, for the property located at 9403 Percheron Dr v. City of Pasco vs. Meier, Michelle case number CEB2016 -2555, for the property located at 301 N 8th Ave vi. City of Pasco vs. Duarte, Elizabeth & Bueno, Victor case number CEB2016-2567, for the property located at 3316 W Yakima St vii. City of Pasco vs. Garcia. Jaime case number CEB2016 -2592, for the property located at 1204 S 4th Ave d. Motion Board Member Gottschalk made a motion to approving Resolution No. 2016-010 as amended, Board Member Rawlinson 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 adjourn ed at 9:36 p.m. ______________________________________ Krystle Shanks, Administrative Assistant II Community & Economic Development