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.