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HomeMy WebLinkAbout11032016 Code Enforcement Board Minutes 11032016 CEB Minutes Page 1 of 6 CODE ENFORCEMENT MINUTES MEETING OF NOVEMBER 3, 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 Mary Gutierrez Russell Glatt Daniel Gottschalk MEMBERS ABSENT Charles Harding James Rawlinson C. ADOPTION OF MINUTES: Board Member Gottschalk moved, seconded by Board Member Gutierrez, that the minutes of the October 6, 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. Puente, Jubencio (Juvi) & Maria, case number CEB2016-2450, for the property located at 2115 N 18th Drive 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 determined to be a second offense violation of the Pasco Municipal Code. A previous correction notice was sent on April 20, 2012 and the dog was licensed on July 5, 2012. The case was closed. On April 14, 2014 a first offense notice of civil violation was sent for failure to renew the dog license. The license was renewed on April 18, 2016 and the case was dismissed without penalty. A second offense notice of civil violation was issued on August 17, 2016 via certified mail. The property owners were legally notified on August 29, 2016. The dog was licensed on August 30, 2016. The property is in compliance at this time. The City of Pasco recommended imposing a repeat penalty of $100. Juvi Puente, 2115 N 18th Drive, 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. 11032016 CEB Minutes Page 2 of 6 Board Member Gottshchalk moved, seconded by Board Member Gutierrez, to impose a $100 repeat penalty. The motion carried 2 to 1 with Board Member Glatt dissenting. ii. City of Pasco vs. Garcia, Jaime, case number CEB2016-2718, for the property located at 1204 S 4th Avenue 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 not allowed within the City of Pasco and PMC 9.60.030 (21) – Marijuana odor becoming a nuisance. On October 10, 2016 a second repeat notice was issued for failure to remove outdoor storage of marijuana plants and eliminate marijuana odor. Notice was sent via certified mail on October 24, 2016 as well as regular mail and a copy of the notice was posted on the property on October 10, 2016. A previous notice was sent on August 30, 2016. On November 2, 2016, Mr. Garcia came to the Code Enforcement Division and told Mr. Torres that the marijuana plants had been removed by the deadline given on the repeat notice of October 10, 2016. Mr. Torres told showed him a picture dated October 22, 2016 that showed the plants were still outside at the property. He then said they were removed now. Mr. Torres stated that he would go to the property later that day to verify. When Mr. Torres visited the property on October 22, 2016 he verified that the marijuana plants were still on site. Based on a final inspection of the property completed on November 2, 2016 the property is in compliance at this time as the plant were finally removed. The marijuana plants were to be removed by October 10, 2016 but they were not removed until November 2, 2016. The City of Pasco recommended imposing a repeat penalty of $200 and a daily penalty of $500 per day for 10 days imposed retroactively from the date of the issued notice of October 10, 2016. Jaime Garcia, 1204 S. 4th 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 moved, seconded by Board Member Gottschalk, to impose a repeat penalty of $200 and a daily penalty of $500 per day for 10 days imposed retroactively. The motion carried unanimously. iii. City of Pasco vs. Garcia, Adelina, case number CEB2016-2719, for the property located at 629 W Clark Street 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 not allowed within the City of Pasco and PMC 9.60.030 (21) – Marijuana odor becoming a nuisance. On October 10, 2016 a second repeat notice was issued for failure to remove outdoor storage of marijuana plants and eliminate marijuana odor. Notice was sent via certified mail, regular mail and a copy was posted on the property on October 10, 2016. Previous notices were sent on July 20, 2016 and September 12, 11032016 CEB Minutes Page 3 of 6 2016. Mr. Torres read a statement received via email from Troy Hendren, Inspection Services Manager, after an inspection of the property that stated: “Upon arriving at 629 Clark I noticed Mr. Mendoza in the side yard. I requested to enter yard he aggressively denied access. I then requested to verify plants had been removed. He replied "you know that haven't and we will see you in court". He demanded I leave the premises. I posted notice on his fence and took a picture of the notice. I went to my vehicle to record the situation along with pictures of the notice and structure. Mr. Mendoza followed demanding what my problem was. Our conversation in parking lot lasted approximately 20 minutes. He understood the laws but informed me he couldn't stop and be legal this close to the end of harvest. He also agreed that the plants smelled today due to rain the night before and informed me he would be cleaning the filters more often. Mr. Mendoza also stated that he only takes the plants out in the mornings.” Based on a final inspection of the property completed on November 2, 2016 the property is in compliance at this time. The City of Pasco recommended imposing a repeat penalty of $400 and a daily penalty of $500 per day for 10 days imposed retroactively from the date of the issued notice of October 10, 2016. Adelina Garcia, 629 W. Clark Street, spoke on behalf of this case. Jillian Cook, 1321 Columbia Park Trail, Richland, WA, spoke on behalf of this case as the respondent’s attorney. Manuel Mendoza, 629 W. Clark 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 Gottschalk moved, seconded by Board Member Gutierrez, to impose a repeat penalty of $400 and a daily penalty of $500 per day for 10 days imposed retroactively. The motion carried unanimously. iv. City of Pasco vs. Scott, David & Gail, case number CEB2016-2748, for the property located at 6314 Thistledown Drive 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 (11) – Damaged fence along Woodbine Drive and PMC 9.60.030 (16) – Overgrown weeds throughout property and along Woodbine Drive. The property was inspected on October 12, 2016 and violations of the Pasco Municipal Code were observed and determined to be a repeat violation. A previous notice was sent on August 25, 2015. A repeat notice of civi l violation was issued on October 13, 2016 via certified mail and the property owners were legally notified on October 18, 2016. Based on a final inspection of the property completed on November 1, 2016 the property is in compliance at this time. The City of Pasco recommended imposing a repeat penalty of $200. 11032016 CEB Minutes Page 4 of 6 David Scott, 6314 Thistledown Drive, 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 impose a repeat penalty of $200 to be held in abeyance for 12 months. The motion carried unanimously. v. City of Pasco vs. Foster, Jared & Kelly, case number CEB2016-2826, for the property located at 6219 Wrigley Drive 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 renew 2016 dog license. On March 1, 2016 the dog license for this property had expired and was determined to be a second offense violation of the Pasco Municipal Code. A previous notice was sent on March 23, 2012 as a correction notice and July 13, 2013 as a first offense violation. The dog license was first issued on July 22, 2013. A second offense notice of civil violation was issued on October 8, 2016 via certified mail. The property owners were legally notified on October 24, 2016. The dog license was renewed on October 28, 2016 and the property is in compliance at this time. The City of Pasco recommended imposing a repeat penalty of $100. Kelly Foster, 6219 Wrigley Drive, 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 impose a second offense penalty of $100 to be held in abeyance for 12 months. The motion carried unanimously. vi. City of Pasco vs. Kaluawaililinoe, Gene, case number CEB2016-2859, for the property located at 6615 Wrigley Drive 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 renew 2016 dog license. On March 1, 2016 the dog license for this property expired and was determined to be a third offense violation of the Pasco Municipal Code. A previous notice was sent on March 21, 2012 as a correction notice, November 16, 2013 as a first offense violation notice and May 7, 2014 as a second offense notice. The dog license was initially issued on December 2, 2013. A third offense notice of civil violation was issued on October 18, 2016 via certified mail. The property owners were legally notified on October 24, 2016. T he dog license was renewed on October 31, 2016 and the property is in compliance at this time. 11032016 CEB Minutes Page 5 of 6 The City of Pasco recommended imposing a repeat penalty of $200. Gene Kaluawaililinoe, 6615 Wrigley Drive, 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 impose a second offense penalty of $100. The motion carried unanimously. vii. City of Pasco vs. Smith, Michael & Valerie, case number CEB2016-2861, for the property located at 7 Daisy Ct 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 renew 2016 dog license. On March 1, 2016 the dog license for this property expired and was determined to be a third offense violation of the Pasco Municipal Code. Previous notices were sent on March 21, 2012 as a correction notice, July 13, 2013 as a first offense and May 7, 2014 as a second offense. The dog license was first issued on July 22, 2013. A third offense noti ce of civil violation was issued on October 18, 2016 via certified mail. The property owners were legally notified on October 24, 2016. The dog license was renewed on October 28, 2016 and the property is in compliance at this time. The City of Pasco recommended imposing a repeat penalty of $200. Valerie Smith, 7 Daisy 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 Gutierrez moved, seconded by Board Member Gottschalk, to impose a second offense penalty of $100. The motion carried unanimously. viii. City of Pasco vs. Diaz, Macedonio, case number CEB2016-2884, for the property located at 717 S Douglas Avenue 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 renew 2016 dangerous dog license (Pitbull). On March 1, 2016 the dog license for this property expired and was determined to be a third offense violation of the Pasco Municipal Code. Previous notices were sent on March 26, 2012 as a correction notice, October 13, 2013 as a first offense, June 20, 2014 as a second offense. A dog license was issued on November 6, 2013. A third offense notice was issued on October 19, 2016 via certified mail. The property owners were legally notified on October 25, 2016. The Pitbull was licensed with the Tri-Cities Animal 11032016 CEB Minutes Page 6 of 6 Control on October 31, 2016 and the property is in compliance at this time. Mr. Torres briefly discussed the fees for dangerous dog violations. The City of Pasco recommended imposing a repeat penalty of $1,500. Macedonio Diaz, 717 S. Douglas 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 moved, seconded by Board Member Gutierrez, to impose a repeat penalty of $750. The motion carried unanimously. b. Amendments c. Dismissals i. City of Pasco vs. Pearson, Jason & Tamara, case number CEB2016-2745, for the property located at 4108 Hayden Lane ii. City of Pasco vs. Walker, William, case number CEB2016-2862, for the property located at 700 Road 32 SP 104 d. Motion Board Member Gottschalk made a motion to approving Resolution No. 2016-011 as amended, Board Member Rawlinson seconded. The motion carried unanimously. E. STAFF REPORT AND OTHER BUSINESS: Troy Hendren, Inspection Services Manager, stated that Code Board Member Charles Harding had resigned. Also, the next Code Board Meeting would be held on Thursday, December 8, 2016. F. ADJOURNMENT There being no further business before the Pasco Code Enforcement Board, the meeting was adjourn ed at 9:32 p.m. ______________________________________ Krystle Shanks, Administrative Assistant II Community & Economic Development