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HomeMy WebLinkAbout03022017 Code Enforcement Board Hearing PacketDATE: TO: FROM: MEMORANDUM February 23, 2017 Code Enforcement Board Troy Hendren Inspection Services Ma a Community & Econo · SUBJECT: CEB Determination Hearing March 02, 201 7 Distrib tion ottschalk J Rawlinson M Gutierrez R Glatt I am writing to confinn that the Code Enforcement Board will meet March 02, 2017 at 7:00 p.m., in Pasco City Council chambers. Please find attached the following : (1) An agenda for March 02, 2017; (2) Minutes of the previous CEB meeting; (3) Code Enforcement Activity Reports for January . If you have any questions, please call (509) 543-5743. TH Attachments: As stated. CC:Dave Zabell, City Manager Stan Strebel, Deputy City Manager Rick White, Community & Economic Development Director Rick Terway, Administrative & Community Services Director Code Enforcement Officers: Debra Scott, Martin Barajas, Rosanna Johnson, Alonso Torres Cross Connect Specialist: Jake Hickman Angela Zilar, Tri-Cities Animal Control A . CALL TO ORDER B. ROLL CA LL Board Memb ers Prese nt C. ADOPT ION OF MINUTES D. HEAR INGS Admini stration of Oath s Heari ngs Scheduled Agenda for the Code Enforcement Board of the City of Pasco , Washington March 02 , 2017 at 7:00 pm CEB201 6-0 118 511 N 9TH A VE -RONALD L & LOEN C COOK, owner Debbie Scott, Code E nforcement Officer D escription: BROKEN WINDOW I N THE REAR OF THIS HOUSE. IPMC 304.13.1 (I) Vio lat ion: Windows have cracks, holes or are comp letel y broken out. (2) Correc tiv e Action: Repair or rep lace all damaged or de str oyed wind ows. D escription: BACK YARD IS FULL OF DRIED WEEDS AND SOME LIMB DEBRIS. PMC 9.60.030 (16) (I) Vio lation: Weed s, nox ious weeds, grass, and ot her vegetat ion which co nstitutes a fire hazard , encroaches on si dewalks or neig hb ori ng properties, is damaging publ ic improvements , imp ai rs the vision of traffi c signs or s ignals, a nd/or has reached a height of twe lve inches ( 12"). (2) Corr ective Actio n: Eradicate weeds by chemicals, cutt ing or other acce ptable means so that they do not exceed twe lve inches ( 12"), encroach on neighboring properties, constitute a fire hazard , etc. Weed s that are cut or removed by the roo t mu st be removed from the property and lawfu ll y di s posed of. CEB2017-003 1 631 S SYCAMORE A VE -CECILIA FERMIN & JOSE D ELGADO, owner Debbie Sco tt, Code E nforcement Officer Description: FAILURE TO OBTAIN PERMITS FOR SHED ATTACHED TO HOUSE AND STRUCTURE IN REAR YARD PMC 16.04.010 (I) Violation: Failure to sec ure a City of Pasco building permit. (2) Corre ctiv e Actio n: Discontinue all construction act ivitie s and s ubm it an app lication for a building permit from the Cit y of Pa sco (please call (509) 543 -572 6 for informat ion on perm it requi remen ts). If no permit can be obtained, unpermitted construction must be removed . Description: MORE THAN THREE CHICKENS AND ROOSTERS ON THIS PROPERTY PMC 25.28.030 (8) (I) Violati on: CE B Agenda Page I of2 Allowing ONE OR MORE of the follow in g on your property: -More than three dogs and/or three cats, and/or three rabbits and /or three ch icken hens or the total amount of animals exceeds six; -An im a l s are roaming or flying to other properties; -Rooster(s) are being kept on the property; -Structures related to rabbits and/or chicken hens , such as rabbit hutches and/or chicken coops, are not kept at least ten (IO ) feet from your property line, exceed s ix (6) feet in hei g ht and/or thirty (3 0 ) square feet in size, and/or are not located behind th e rear line of the dwelling; -Structures have become a nuisance due to noise o r odors. (2) Corrective Action: Remove excess number of a ll owed animals and/or rooster(s), control animals from flying or roaming off your property; ensure structures related to rabbits or chicken hens are in an approved location and are of an approved size; discontinue al lowing nuisance due to noise or odors. Amendments Di smi ssa l s Motion E. STAFF REPORT AND OTHER BUSINESS F. ADJOURNMENT This meeting is broadcast live on PSC-TV Channel 191 on Charter Cable and streamed at www.pasco-wa.gov/psctvlive. A udio equipment available for the hearing impaired; contact staff for assistance. CEB Agenda Page 2 of2 A . CALL TO ORDER CODE ENFORCEMENT MINUTES M EET ING OF FEBRUA RY 2, 2017 Chairperson G latt ca ll ed the regular meetin g of th e Code E nfo rcement Board to order at 7:00 p.m. B. ROLL CA LL a. Board Members MEMBERS PRE SENT Mary Gutierrez Russe ll G latt Danie l Gottschalk James Rawlinso n C. ADOPTION OF MINUTES: MEMBERS ABSENT Board Member Rawlinson m oved , seconded by Board Member G utie rrez , that the minutes of the Ja nu ary 5, 2017 meeting be a pproved. T he m ot io n carried unanimo usl y. D. DETERMINATION HEARINGS: C hairpe rso n G latt explained the procedure and purpose for the m eetin g, no ting that the C ity of Pasco was the Petiti o ne r a nd property owners and their authorized re prese ntatives who had appeared to di sc uss the a ll eged v io lati ons of the Pa sco Municipal Code were the Re s po ndents. a. Hearings 1. Citv of Pasco vs. Velasco, An2el, (Maria Cruz) case number CEB2016-3090, for the property located at 1305 N l81h Ave Troy Hendren, In spection S e rv ices Manage r, asked Code E nforcement Officer Debbie Scott to read the case facts into the record. Ms. Scott indicated that th e cited v iol ation o n thi s property was PMC 8.02.190 -Multiple dogs at this location w ith only 1 li censed. Ms. C ruz did pay for her dog licen se the day pri o r to the hea rin g so th e case w ill s impl y be o n the re peat offen se . This is a third offense. Ms. Cruz was g ive n not ice of the third offe nse on November 29, 2016. She has been given three different notices regarding dog li cens in g as s he ha s be e n late licen sing he r d ogs three times . The Ci ty of Pasco reco mm ended giving the re spondent 10 days to abate the vio lations or pay a daily penalty of$200 pe r day for 10 days and impose a repeat penalty of$200. M aria C ru z , 1305 N . 18111 A ve nue, s poke on behalf of thi s case. CODE BOA RD DECISION: Board Member Gutierrez moved , seconded by Board Member Gottshcalk, that the acti o n s taken by the C ity were appropriate and timely. The motion carried un anim ous ly. Board Membe r Gott sc halk m oved, second ed by Board M ember Gutierrez, to give the respondent I 0 days to abate th e violation or pay a dail y penalty of $200 per day for 10 days and t o impose a 02022017 CEB Minutes Page 1of3 repeat penalty of $200 to be held in abeyance for 2 months and dropped if no additional charges in that time. The motion carried 3 to l with Board Member Rawlinson dissenting. 11. City of Pasco vs. Garcia, Jesus , case number CEB2017-0034, for the property located at 2611 E. A lvina 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 violations on this property were IBC l 07 .1 -No permit for t h e temporary structure in the rear yard, PMC 16.04.0 I 0 -No permit (Prev ious Permit No. B 15-0067 was abandoned) and PMC 25 .28.0 30(8) -Excess number of chickens and chi ckens leaving the property. Code Enforcement received a complaint regarding this property. The temporary structu re in their rear yard has been removed as well as the excess chickens. They have put in an application for the abandoned permit but the permit has not been picked up at this time. On January 22 , 2015 a n otice of c ivi l vio lation was issued for an expired permit, Bl5-0067 for the rear shed. There was a repeat for no dust control, a shed and one temporary shed on site. This case was taken to the Code Board on January 8, 2015. The property was not in comp I iance and penalties we re assessed. A repeat notice of civil vio lation was issued on January 6 , 2017 via certified mail. The property owner was legall y notified on January 9 , 2017. Based on a final in spection of the prope1ty w hi ch was completed on February 2, 2017 the property is not in compli ance at this time. The v io lation not corrected is for the permit for the shed. The C ity of Pasco recommended g iv in g the respondent 10 days to abate the violations or pay a daily penalty of $100 per day for I 0 days and imposing a repeat penalty of $200. Jesus Garcia, 2611 E . A lvina Street, spoke on behalf of this case. CODE BOARD DECISION: Board Member Rawlinson moved, seconded by Board Member Gottsh calk , that the actions taken by th e City were appropri ate and timely. The motion carried unanimously. Board Member Rawlin son moved, seconded by Board Member Gottsch a lk , to give the respondent l 0 days to abate the violation or pay a da ily penalty of$ I 00 per day for 10 days and to impose a repeat penalty of $200 to be held in abeyance for 2 months and dropped if no addit ional charges in t hat time. The motion carried unanimously. b. Amendments c. Dismissa ls 1. City of Pasco vs. Anjeles, Alejandro, case number CEB2016-1518, for the property loc a ted at 2700 E. Lewis Street 11. City of Pasco vs. Norman, Maria, case number CEB2016-3019, for the property located at 320 W. Shos hone Street d. Mot io n Board Member Gottscha lk made a motion to approv in g Resolution No. 20 17-002 , Board Member Rawlinson seconded. The motion carried unanimously. 02022017 CEB Minutes Page 2of3 E. STAFF REPORT AND OTHER BUSINESS: F. AD J OURNMENT There being no f u rther business before the Pa sco Code Enforcement Board , the m eetin g was adjourned at 7:42 p.m. Kr ystle Shanks, Adm in istrative Ass istant II Community & Economic Deve lopment -- 020 22 01 7 CEB Minutes Page 3of3 MEMORANDUM February 23, 2017 TO: Rick White, Director Community & Economic Development FROM: Troy H endren, Inspection Services M Community & Economic D evelopme SUBJECT: Code Enforcement Activity Reports Reports for the Month of J anuary, 2017 Please find attached copies of the Code Enforcement Activity Reports for the month of January: (1) CEB Resolution The resolution shows all the Code Enforcement Board actions and cases that the Board has ruled on at their monthly hea ring. (2) Status Report Code Enforcement In spections , January, 2017 This report lists all inspections p e rformed by individual staff for the month . To be counted as an "inspection" a written "corr ection notice" must have bee n issued as a result of t h e initial inspection. Distribution: Dave Zabell , City Manager Stan Strebel, Deputy City Manager Troy Hendren, Inspection Services Manager Rick Terway, Administrative Services Director Ahmad Qayoumi, Public Works Director B ob Gear, Fire Chief Bob Metzge r, Chief of Police Jon Funfar, Media Specialist Jake Hickman, Cross-Connect Speciali st Community Development Staff Code Enforcement Board CITY OF PASCO CODE ENFORCEMENT BOARD RESOLUTION RESOLUTION NO. 2017 -I A RESOLUTION fin d ing that code violations have been corrected and may be dismissed without penalty, deferring action on certain cases pending proper notification, accepting voluntary correction agreements, and assessing penalt ie! o n certain cases. WHEREAS, the City of Pasco has found th at there exist condi tions on certain properties th at constitute violations of the Pasco Municipa l Code; and WHEREAS, the Code Enforcement Board has th e authority t o affinn, dismiss , or modify notices of civil violations issued by the City: NOW BE IT RESOLVED BY THE CODE ENFO RCEMENT BOARD OF THE CITY OF PASCO; That th e fo ll owing ca ses be dism issed witho ut pe na lty: Service Repeat ~ CEB20 16-0458 ELOY CONTRERAS CEB20 16-2709 MAR IBA B VARGAS CEB20 16-2903 RAMIRO TORRES CONTRERAS (ETUX ) CEB2016-2906 FILEMON & GUADALUPE DE LA MORA CEB2016-2907 M & L CONTRACTOR LLC CEB20 16-29 1 I LEONARD & JOANNE BAMBOCK CEB2016-2917 THERESA LARSON CEB2016-2925 STEFANIA CIULLA CEB20 I 6-2993 MARIA SELENE AISPURO CE B2016-3002 MAYOS PALLETS LLC CEB20 I 6-3007 SKY GLASS SE RVICES LLC CEB2016-3025 SANG HOON LEE ~ ~ Other Page I of5 Service ~ I&i!Y Monetarv I:lli!!!.iilll! Other CEB20 16-3040 COMPLETE REMODELING CEB20 16-3059 KIMSAN S SONG CEB2016-3061 MICHAEL L ROBINSON CEB2016-3082 MARIO SOTO CEB2016-3083 JOSEPH & PATRJ CIA DIAZ CE B20 16-3085 RYAN WAITS CEB20 16-3086 J PHlLLI P & TERESA WALCHLI CEB2 0 16-3087 J PHILUP & TERESA WALCHLI CE B2016-3088 J PHILLIP & TERESA WALCHLI CE B2016-3089 J PHILLIP & TERESA WALCHLI Be it further resolved the following people were not properly notified of alleged violations of the Pasco Municipal C ode and bearings for their cases should be defe rred until s uch times as they are properly notified : ~ ~ I&i!Y ~ I:lli!!!.iilll! Other CE B201 5-3261 DAN ELLINGFORD (ET AL) CEB20 16-0252 JAYME E A AREY ALO CEB2016-1950 JESUS VERA ACEVEDO CEB2016-2908 SHANE & JAMIE L FAST CEB20 16-2909 DAGOBERTO GARCIA (ETIJX) CE B2016 -30 12 MICHELLE ANDRADE CEB2016-3030 JULIO C HERNANDEZ Page 2 of5 Service ~ l2l!il.Y ~ ~ Q1lJg CEB2016-3060 BOBBY R DILLARD CEB2016-3062 RUDY & LlLIA ONTIVEROS C EB20 16-3080 HARVEY F EMERSON CEB2016-3096 MIGUEL & ROSALIA RUELA S CEB2016-3 173 BERNARDO JR CUEVAS (ETUX) Be it further resolved that the Code Enforcement Board accepts or continues the below listed cases and voluntary correction agreements: ~ &wt i2llili'. ~ ~ ~ CEB2016-1 5 18 ALEJANDRO AN JELES (ETUX) CEB2016-3000 JOSE CHAVEZ GUTIERREZ CEB2016-30 18 LEONO R & ANITA RODRJ GUEZ CEB20 16-30 19 MARJA NORMAN CEB20 16-3037 THOMAS P & WENDY S CROSIER CEB2016-3090 ANGEL C VELASCO (ETAL) CEB20 16-3 150 TRINIDAD MADRIGAL (ETUX) Be it further resolved that the following cases are now in compliance. However, proper notification of certain people required use of a professional process server and a monetary service penalty of forty-five dollars ($45.00) is assessed in each case therefor; and certain properties and people were found in repeat violation of the Pasco Municipal Code and a minimum mandatory monetary penalty is assessed for each repeat violation therefor; and certain properties a nd people were assessed a minimum mandatory monetary penalty of fifty dollars ($50.00) for certain violation(s) of the Pasco Municipal Code therefor: ~ ~ l2Jlili: ~ ~ ~ CEB201 5-1 787 EMMA V VERA forty-five dollars ($45) CEB20 16-2918 SANTOS J & CHRJ STINA DE LEON one hundred dollars($ I 00) CEB201 6-2961 CRI STI JN IGUEZ-BONNESS forty-fi ve dollars ($45) one hundred doll ars (SI 00) CEB20 16-3074 KLAUS GOETTEL two hundred doll ars ($200) Pa ge 3 of5 Be it furth er reso lved that the fo llowing peo ple were pr o perly notified of alleged viola t.ions of th e Pa sco M unicipa l Code but have fa iled to appear be fo re the Pasco Code Enforcemen t Boa rd for hearin gs on the date pres cribed and said alleged viola tio ns have not been a bated as req uired or we re a bated by the C it y and abat eme nt costs, tim efra mes for com pl ia nce and dai ly monetary penalties in th e a mo unts not t o exceed those es ta blished by PMC 11.02.050 and a s ma y be dete r mined by the Comm u nity De velo pme nt Director are a ssessed fo r each ci vil viola tion therefo r: ~ ~ !hi.LY Monetarv ~ Q!!Jg CEB20 16-0710 REID MCCULLOUGH forty-five dollars ($45) one hundred doll ars ($100) CE B2016-1496 RICHARD P & H EATHER R BRUNNER forty-five dollars ($45) one hundred dollars ($100) CEB2 0 16-2424 OFELIA VALDEZ one hundred dollars ($100) CEB20 16-29 19 AARON S B ERMAN fifty dollars ($50) fifty dollars ($50) CEB2016-2991 CHARLES A KUB IK forty-five dollars ($45) six hundred dollars ($600) fi ve hundred dollars ($500) CEB2016-2995 ESPERANZA (ETUX) RUBIO-A ISPURO one hundred dollars ($100) CEB2016-3136 RYAN WATTS fou r hundred dollars ($400) two hundred doll ars ($200) C EB20 16-3 145 MARIA A MARISCAL fifty dollars ($5 0) CEB2016-3 146 ROSALIO P RI ETO one hundred dollars ($JOO) CEB20 16-3151 J PHILLIP & TERESA WALCHLI two hundred dollars ($200) three hundred dollars ($300) CEB20 16-3 153 J P HILLIP & TERESA WALCHLI two hundred dollars ($200) three hundred dollars ($300) CEB20 16-3 154 J PHILLIP & TERESA WALCH LI two hundred doll ars ($200) three hundred dollars ($300) CEB20 16-3155 J PHILLIP & TERESA WALC HLI two hundred dollars ($200) three hundred dollars ($300) CEB20 16-3160 GRAMERCY P ROPERTIES LLC fi fty dollars ($50) Be it furthe r r es olv ed that the following people were properly not ified of all eged vio lations of the Pasco M unicipa l C ode a nd have a ppeared befor e the P asco Code Enforcement Board fo r hearings on the d a te p rescribed a nd the Board issued orders therefor: ~ Repeat !hi.LY ~ Di smissed ~ Be it furthe r resolved tha t, purs uant to PMC 11.02.060 (4)(d), any pe rson who fails to co ll ect or accept the certified ma il co py of the Board's decision ma y be required to be served a copy of the decision via profess ional process se rver, a nd all s uch costs for persona l service of the decision are here by assessed. Page 4 of 5 Total numbe r of cases: 59 Russell Glatt, Chairperson Page 5 of5 STATUS REPORT CODE ENFORCEMENT INSPECTION JANUARY 2017 PREVIOUS OFFICER MARTIN DEBRA ROSANNA ALONSO JAKE MONTHLY MONTH YEAR TO DATE TOTAL YEAR TO DATE VIOLATION TYPE Public Nuisance 16 39 48 23 126 0 126 Business Licenses 0 7 5 0 NA 12 0 12 Rental Licenses 5 1 7 8 NA 21 0 21 Dog Licenses 0 1 3 0 NA 4 0 4 Animal Nusiances 0 3 2 0 NA 5 0 5 Rental Inspections 100 2 17 5 NA 124 0 124 Vehicles Tagged 0 0 1 0 NA 1 0 1 CASES OPEN MONTHLY TOTAL 121 53 83 36 NA 293 0 293 CASES CLOSED MONTHLY TOTAL 25 14 103 11 NA 153 0 153 Note: Counts reflect only Code Enforceme nt Inspections that resulted in a n i ssuance of an initial written Co rrection Notice .