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HomeMy WebLinkAbout04062017 Code Enforcement Board Hearing Packet-CANCELLEDDATE: TO: FROM: MEMORANDUM March 30, 2017 Code Enforcement Board Troy Hendren Inspection Services Community & Eco o SUBJECT: CEB Determination Hearing April 06, 2017 Distribution D Gottschalk J Rawlinson M Gutierrez R Glatt I am writing to confirm that the Code Enforcement Board will meet April 06. 2017 at 7:00 p .m., in Pasco City Council chambers. Please find attached the following: ( 1) An agenda for April 06, 2017; (2) Minutes of the previous CEB meeting; (3) Code Enforcement Activity Reports for February. 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 CALL a. Board Members Present C. ADOPTION OF MINUTES D. HEARINGS a . Administration of Oaths b . Hearings Scheduled Agenda for the Code Enforcement Board of the City of Pasco, Washington April 06, 2017 at 7:00 pm CEB2015-0287 820 S 5TH A VE -MARGARITA MARTINEZ. owner ALONSO TORRES, Code Enforcement Officer Description: Unpermited a ccessory unit is be ing used as a rental. Without a rental license or impection. PMC 25. 70.040 (2) (I) Violation: Keeping an accessory apartment on your property that is not under the same roof as the principal dwelling or that is detached in any manner from the principle dwelling. (2) Corrective Action: Discontinue occupying the unpermitted accessory apartment. Obtain a building permit for all alterations to the structure or remove unpennitted alterations. Description: License is required for all rentals. PMC 5. 78.010 (I) Violation: A City of Pa sco rental license is required for all rental dwelling unit(s). (2) Corrective Action: Obtain a City of Pasco renta l license . Call (509) 545-3402 for more information or visit the City of Pa sco website http://www.pasco-wa.gov/8 I 6/Rental-Dwelling-License and down load the rental license application. Description: Rental unit needs to be impected. PMC 5. 78.020 (I) Violation: A certificate of inspection is required to be submitted to the City for all renta l dwelling unit(s). (2) Corrective Action: Submit a certificate of inspection for the rental dwelling unit(s) (call (509) 543-5743 to schedu le a habitabi lity inspection or submit an approved HUD inspection report). CEB2017-0031631 S SYCAMORE AVE -CECILIA FERMIN & JOSE DELGADO. owner Debbie Scott, Code Enforcement Officer Description: FAILURE TO OBTAIN PERMITS FOR SHED ATTACHED TO HOUSE AND STRUCTURE IN REAR YARD PMC 16.04.010 (I) Vio lation: Failure to secure a City of Pasco building permit. CEB Agenda Page I of2 (2) Correcti ve Ac ti on: Di sco ntinu e all construction acti viti es and submit an app licatio n for a bui lding pennit from the C ity of Pa sco (p lease ca ll (509) 543-5726 for information on permit requirements). If no permit can be ob tain ed, unpermitted construct ion mu st be removed. Description: MORE THAN THREE C HICKENS AND ROOSTERS ON THIS PROPERTY. PMC 25.28.030 (8) (I ) Violation: Allowing ONE OR MORE of the fo ll owi ng on you r property: -More than three dogs and/or three cats , a nd/o r three rabbits and/or three chicken hens or the total amo unt of a nim a ls exceeds six; -Animals are roaming or fl yin g to other prope11ies ; -Rooster(s) are being kept on the property ; -Structu res re lated to rabbits and/or c hi cken hens, s uch as rabb it hutche s and/or chicken coo ps, are not kept at least te n (10 ) feet from your property lin e, exceed s ix (6) feet in height and/or th irty (30) sq uare feet in s ize, and/or are not loca ted behind th e rear line of the dwe ll ing ; -Structures have become a nui sa nce due to noi se or odors. (2) Corrective Action: Remove excess number of allowed anima ls and/or rooster(s), contro l anima ls from fl ying or roaming off your property ; ensure structures related to rabbits or ch icken hens are in an approved location and are of an approved size ; di scontinue all owi ng nui sa nc e due to noi se or odors. CEB2017-0206 824 W LEWIS ST 114-AKRAM JOE NASHNI. owner Debbie Scott, Code Enforcement Officer Description: SIGNS & SIGN PLACEMENT PMC 17.05.040 (C) (I ) Violation: A private s ign is placed in th e public right-of-wa y (i.e. planting str ip, swale , s id ewa lk , stree t, etc .), which is prohibited. (2) Correct ive Action: Remove all signs from the pub li c right-of-way. CEB2017-0207 908 W COURT ST -FILIBERTO & NORMA SILVA. owner Debbie Scott, Code E nforcement Officer Description: PARKING S IGN IN REAR YARD. PMC 25.66.040 (4) (I ) Violation: Dis playin g s ig ns, products or other adve11isements pertaining to the hom e occupation on the property. (2) Conective Action: Discontinue displaying s ign s, product s or other advert ise ments regarding the home occupation. c. Amendments d. Di s mi ssa ls e. Motion E. STAFF REPORT AND OTHER BUSrNESS F. ADJOURNMENT T hi s meet in g is broadcast live on PSC-TV Channe l 191 on Cha rter Cab le and streamed at www.pasco-wa.gov/psctv li ve. Audio equipment avai lable for the hearing impaired ; contact staff for assistance. CEB Agenda Page 2 of2 A. CALL TO ORDER CODE ENFORCEMENT MINUTES MEETING OF MARCH 2, 2017 Chairperson Glatt called the regular meeting of the Code Enforcement Board to order at 7:00 p .m . B. ROLLCALL a. Board Members MEMBERS PRESENT Russell Glatt Daniel Gottschalk James Rawlinson C. ADOPTION OF MINUTES: MEMBERS ABSENT Mary Gutierrez Board Member Rawlinson moved , seconded by Board Member Gottschalk, that the minutes of the February 2, 2017 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. CSP Pasco LLC case number CEB2016-1534, for the property located at 1308 N. 20th Avenue Troy Hendren, Insp ection 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 IPMC 507 .1 -Drainage from roof draining onto adjacent vacant lots and PMC 25.74.070 -Rain water not maintained on site and drai ning onto adjacent prope11ies. The property was in spected on June 8 , 2016 a nd v iolations of the Pasco Municipal Code. A correction notice was issued on June I 0, 2016. A re inspection of the property revealed th at it was still in violation of the Pasco Municipal Code and a notice of civil violation was issued on January 3, 2017. The property owners were legally notified via certified mail on January 9, 2017. Based on a final inspection of the property completed on March 2, 201 7 the property is not in compliance. The City of Pa sco recommended giving the respondent I 0 days to abate the violations or pay a daily penalty of $100 per day for 10 days. Greg Genoni, 6002 W . 20111 Avenue, spoke on b ehalf of this case. CODE BOARD DECISION: Board Member Rawlinson moved, seconded by Board Member Gottshcalk, that the actions taken by the City were appropriate and timely. The motion carried unanimously. 03022017 CEB Minutes Page 1of3 Board Member Rawlinson moved, seconded by Board Member Gottschalk, to give the respondent 10 days to submit a temporary fix and an additional 60 days to abate the vio lation or pay a daily penalty of $100 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 add iti ona l charges in that time. The m otion earned unanimously. 11. City of Pasco vs. Bastian, Mercedes, case number CEB2017-0114, for the property located at 623 N. 19th Avenue Troy Hendren, Inspection Services Manager, asked Code Enforcement Officer Debbie Scott to read the case facts into the record . Ms. Scott indicated that the ci ted violat ion s on this property were PMC 25.66.020 -Unpe1mitted home occupation of auto repair and auto body work at this locatio n, PMC 25. 70. I 50(2)(a-d) - Inoperable and damaged vehicle storage on City right of way and alley, PMC 25 .78.030(2) - Vehicle repair in the driveway, PMC 9 .60.020(3) -Storage of damaged vehicles and unlicensed vehicles on the City right of way, PMC 9 .60.030(11) -Dilapidated fencing, PMC 9.60.030(9) - Automobi le bodies and parts stored at this location and PMC 9.62.050 -Junk vehicl es and vehicle parts stored in the rear yard. The property was inspected on Ja nu a1y 30, 2017 and vio lations of the Pasco Municipal Code were observed and determined to be a fo m1h repeat vio lation. In November 20 14 , complaints were received and a repeat case was opened for auto scraping and auto repair at this location. The case went to the Code Board on February 5, 2015 as a repeat notice of civil violation and was assessed penalties of a repeat of $400 , held in abeyance for a year pending no violations of the same or similar. On September 16, 2015 a notice was issued for vehicle repair in the driveway. The case was brought before the Code Board on November 5, 2015 for the second repeat notice of civi l vio lation . Brian Bastian appeared and presented his case. The Board dismissed this case for lack of evidence. On January 26, 2016 a second repeat notice of c ivil violation was sent. The property was not in compliance before the hearing and no one made appointments to speak at the Code Board Hearing. The rep eat penalty of $400 was assessed and th e daily penalties of $4,000 were assessed but were held in abeyance. A third notice of repeat v iola ti on was sent on October 26, 2016 . The prope11y was not in compliance before or after the hearing and no one made an appointment to appear at the hearing so a repeat penalty of $600 was assessed and the daily penalty of $3 ,000 was assessed . A fourth repeat notice of civi l violation was issued on January 31 , 2017 via certified mail. The property owners were legally notified on February 2, 20 17. Ms. Scott gave a brief history of this property. The City of Pasco recommended giving the respondent 10 days to abate the violations or pay a daily penalty of $500 per day for 10 days and imposing a repeat penalty of $800. Brian Bastian, 623 N. 19th 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 earned unanimously. Board Member Gottshalk moved, seconded by Board Member Rawlinson , to give the respondent 10 days to abate the vio lation or pay a daily penalty of $500 per day for 10 days and to impose a repeat penalty of $800. The motion ca!1'ied unanimously. 03022017 CEB Minutes Page 2 of3 b. Amendments c. Dismissals d. Motion Board Member Rawlinson made a motion to approving Resolution No. 2017-003 , Board Member Gottschalk 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 8:03 p.m. 03022017 CEB Minutes Page 3 of3 MEMORANDUM March 30, 201 7 TO: Ri c k White, Director Community & E conomic D evelopme FROM: Troy Hendre n , Inspection Service Community & Economic D evel ~~n SUBJECT: Code Enforcem ent Activity R e por s R e ports for the Month of F e bruary, 201 7 Please find a ttached copies of the Code Enforcement Activity Reports for the month of February: (1) CEB Resolution The r esolution shows a ll the Code Enforcement Board actions and cases that t h e Board has ruled on at the ir monthly h earin g. (2 ) Status Report Code Enforcement Inspections, F ebruary, 2 017 This r e port li sts a ll inspections p e rforme d by individual staff fo r the month. To be counted as an "inspection" a writte n "correction notice" must have been issued as a result of the initial inspection. Distribution: D ave Zabell , City Ma n ager Stan Strebel, D e puty City M a n ager Troy Hendren, Inspection Services Ma n ager Ri c k T erway, Administr ative S ervices Director Ahmad Qayoumi, Public Works Director Bob Gear, Fire Chie f Bob Metzger, Chief of Police Jon Funfar, Media Specialist J a k e Hickm a n, Cross-Connec t Specialist Community Developme nt Staff Code Enforcement Board C ITY OF PASCO CODE ENFORCEMENT BOARD RESOLUTION RESOLUTION NO. 2017 -2 A RESOLUTION fin d ing that cod e v iolations have been corrected and may be dismissed witho ut penalty, deferring action on certain cases pending proper notification, accepting voluntary correction agreements, and assessing penaltie~ o n cert a in cases. WHEREAS, the C ity o f Pasco bas fou nd that there exist condit ions on certain pro perties th at constitute violations of the Pasco Municipal Code; and WHEREAS, the Code Enforcem ent Board has th e authority to affinn, dismiss, or modify notices of civil violations issued by the City: NOW BE IT RESOLVED BY T HE COD E ENFORCEMENT BOARD OF T HE CITY OF PASCO; That the follo wing case s be dismissed witho ut pe n a lty: Service ~ llii!x CEB2016-0252 JAYMEE A AREY ALO CEB20 16-0396 WILLIAM & MARCIA STILL WELL CEB2016-0770 FRANK J & MARGARET H SALAZAR CEB20 16-2910 METRO PCS C/O GRIGG ENTERPRI SES r CEB20 16-3037 THOMAS P & WENDY S CROSIER CEB2016-3 105 JEFFERY D & YOLANDA ROBISON CEB2016-3 11 9 GERARDO VILLA MERAZ CEB2016-3 150 TRINIDAD MADRIGAL (ETUX) CEB2016-3185 CORNELIO ALY ARADO CEB20 16-3 194 ZENAIDO & DORA E (JR) MARTINEZ CEB20 17-0007 ALICIA G & ISMAEL C RODRIGUEZ CEB20 17-003 8 SOHAL DEVELOPMENT LLC Monetary Illimiilll! ~ Dismissed as unfounded by Board Page I of5 ~ Rwfil !filly ~ Dismissed Q1h£[ CEB20 17-0060 CHRISTOPHER & FELIC IA PEREZ CEB2017-0063 FAUSTINO & ESMERALDA PATRICIO CEB2017-0065 ISMAEL C & ALICIA G RODRIGUEZ Be it further resolved the following people were not properly notified of alleged violations of the Pasco Municipal Code and hearings for their cases should be deferred until such times as they are properly notified: Service ~ Daily CEB20I6-2794 TYSON D CHAMBERS CEB2016-2909 DAGOBERTO GARCIA (ETUX) C EB20I6-3225 MIGUEL & ROSALIA RUELAS CEB2017-0053 CARLOS V ILL A Be it further resolved that the Code Enforcement Board accepts or continues the below li sted cases and voluntary correction agreements: CEB20 16-0I 18 RONALD L & LOEN C COOK CEB20 16-2424 OFELIA VALDEZ CEB20 I 6-3080 HARVEY F EMERSON CEB2016-3092 MARIA BEATRIZ & JOSE LUIS SANC CEB2016-3116 MARIA IZAGU IRRE CEB20 I 6-3173 BERNARDO JR CUEVAS (ETUX) CEB2016-3189 KELLY L MCDANIELS CEB2016-3205 ANDREY GADOMSI<JY CEB20 16-3206 ANDREY GADOMSKIY CEB20 I 7-0001 LEE LI VING TRUST C/O; ROBERT LEET Service forty-five dollars ($45) Repeat Daily fifty dollars ($50) one hundred dollars (SI 00) ~ Dismissed ~ ~ ~ Q!Mr Page 2 of5 ~ ~ l2l!iJy ~ D ismissed ~ C EB20 17-0017 JUAN & DEBO RAH BERM UDEZ C EB20 17-003 I CECILIA FERMIN & JOSE DELGADO C EB20 17 -0059 HANLIM CORPO RATION C EB20 17-0066 JUAN & DEBORAH BERMUDEZ Be it fu rth e r resolved that the foll owin g cases are now in com pliance. How ev er, proper notificat ion of certain people required use of a professional pr ocess server and a moneta r y service penalty offorty-five doll ar s ($45.0 0) is assessed in each case therefor; a nd certa in pro perties a nd peopl e were found in repea t violation of the Pasco Munici pa l Code a nd a minimum mandato ry monetary pena lty is assessed fo r each r epea t violation therefor; and certain propert ies and people were a ssess ed a min imum ma nd a tory moneta ry penalty of fifty dollars ($50.00) for ce rta in viol ati on(s ) of the Pasco Muni cipal Code t herefor: ~ ~ Qfil!x Monetarv ~ QJMr CEB20 15-326 1 DAN ELLINGFORD (ET AL) fony -five dollars ($4 5) CEB20 16-1950 JESUS V ERA ACEVEDO fony-five dollars ($4 5) CE B20 16-3030 JULI O C HERNANDEZ two hund red doll ars ($200) CE B201 6-3060 BO BBY R DILLARD fony.five dollars ($45) CEB2016-3096 MI GUEL & ROSALIA RUELA S fo ny-fi ve dollars ($45) CEB20 16-3 132 J UAN L FLORES fony-fi ve doll ars ($4 5) CEB201 6-3 170 JOSE L & LINDA CUEVAS two hundred doll ars ($200) CEB2016-3 19 3 LON G RI VER PROP ERTY LLC two hundred dollars ($200) CEB20 16-32 14 JG H INV ESTMENTS LLC two hundred dollars ($200) CEB20 16-3241 C HARLENE N BAKER t wo hundred dollars ($200) CEB201 7-0 054 JESUS LARIOS RODRIGUES two hundred doll ars ($200) Be it furt her resolved t hat th e foll owing people were properly notified of a ll eged violations of th e Pasco M unicipa l Cod e b ut have fa il ed to a ppear be fo r e the P as co Code E nfo rcement Board for bea rin gs on t he date prescribed a nd sa id all eged violations ha ve not been a bated a s r equi red or we re abated by the C ity and abatement cos ts, timefra mes fo r compliance and da ily monetary penalties in th e amoun ts not to exceed th ose established by P MC 11.02.050 a nd a s may be determined by the Co mmunity Develo pm ent Director are assessed fo r each civ il violati on ther efor: Serv ice ~ l2l!fu: ~ ~ ~ CE B20 I 6-0344 NORMAN A MA GAN A two hundred doll ars ($200) Page 3 of5 ~ ~ l&i.!y ~ Dismi ssed Q!!Jg: CEB2016·151 8 ALEJANDRO ANJELES (ETUX) eight hundred dollars ($800) five hundred dollars ($500) CEB2016-3000 JOSE CHAVEZ GUTIERREZ fifty dollars ($50) CEB2016-3012 MICHELLE ANDRADE forty-five dollars ($45) one hundred dollars($ I 00) CEB2016-3018 LEONOR & ANITA RODRJGUEZ Ii fly dollars ($50) CEB20 16 -30 19 MARIA NORMAN forty-five dollars ($45) two hundred dollars ($200) one hundred dollars ($100) CEB2016-3078 GALLARDO, JORGE A & SHERRY L fitly dollars ($50) CEB2016-3079 NORTHWEST LATIN CONFERENCE OF 1 fitly dollars ($50) CEB20 16-3157 LIRIO DE LOS VALLES one hundred dollars ($100) CEB20 16-3 165 IMELDA CONTRERAS forty-five dollars ($45) two hundred dollars ($200) one hundred dollars ($I 00) CEB2016-3203 ERIC CALAWAY CIO IDEAL TARP IN C one hundred dollars {$I 00) CEB2016-3207 IDEAL TARP CIO ERIC CALAWAY one hundred dollars {$I 00) CEB2016-321 t ERJC CALAWAY DBA; MOBILE PET WO one hundred dollars ($100) CEB20 I 7-00 10 ROSENDO & BERTHA MAGANA (ETAL) two hundred dollars ($200) two hundred dollars ($200) CEB2017-0015 JOSE CHAVEZ GUTIERREZ forty-five dollars ($45) five hundred dollars ($500) CEB2 0 17-0064 LOU IS & DEBRA BARRO fitly dollars ($50) Be it further resolved that the following people were properly notified o f alleged violations of the Pasco Mu nicipal Code and have appeared before th e Pasco Code Enfo rcement Board for hearin gs o n the da te prescribed and the Boa rd issued orders therefor: SIDfil ~ l&i.IY ~ Illimiml1 ~ CEB2016-3090 MARIA CRUZ two hundred dollars ($200) two hundred dollars ($200) CEB2017-0034 JESUS GARCIA (ETAL) two hundred dollars ($200) Page 4 of 5 Be it further resolved that, pursuant to PMC 11.02.060 (4)(d), any person who fails t o collect or accept the certified mail co py of the Board's decision may be required to be served a copy of the decision via professiona l process server, a nd a ll such costs for personal service of the decision are he reby assessed. Total number of cases: 62 ?.Jc?,;;t;:;;& of<h< c;~ of P= oo Fobru::::~ ---,,.....,_-,,........,,~-+-""'"----------- Ru ssell G latt, Chairperson Page 5 of5 STATUS REPORT CODE ENFORCEMENT INSPECTION FEBRUARY 2017 PREVIOUS OFFICER MARTIN DEBRA ROSANNA ALONSO JAKE MONTHLY MONTH YEAR TO DATE TOTAL YEAR TO DATE VIOLATION TYPE Public Nuisance 9 45 4 23 0 81 126 207 Business Licenses 1 2 0 0 NA 3 12 15 Rental Licenses 2 2 0 2 NA 6 21 27 Dog Licenses 0 2 0 0 NA 2 4 6 Animal Nusiances 3 1 0 1 NA 5 5 10 Rental Inspections 89 1 262 2 NA 354 124 478 Vehicles Tagged 1 0 13 0 NA 14 1 15 CASES OPEN MONTHLY TOTAL 105 53 279 28 NA 465 293 758 CASES CLOSED MONTHLY TOTAL 25 42 13 18 NA 98 153 251 Note: Counts reflect only Code Enforcement Inspections that resulted in an issuance of an init ial written Correction Notice.