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11032016 CEB Minutes
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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.
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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,
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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.
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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.
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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
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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