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HomeMy WebLinkAbout09072017 Code Enforcement Board Hearing PacketMEMORANDUM DATE: August 31, 2017 TO: Code Enforcement Board F ROM: Troy Hendren Inspection Services Mana Community & Econom · SUBJECT: CEB Determination Hearing September 07, 2017 Distribution D Gottschalk Rawlinson T Granbois D Speer I am writing to confirm that the Code Enforcement Board will meet September 07, 2017 at 7:00 p.m., in Pasco City Council chambers. Please find attached the following: (1) An agenda for September 07, 2017; (2) Minutes of the previous CEB meeting; (3) Code Enforcement Activity Reports for July. 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, Abel Corona Cross Connect Specialist: Jake Hickman Angela Zilar, Tri-Cities Animal Control A. CALL TO ORDER B. ROLLCALL Board Members Present C. ADOPTION OF MINUTES D. H EARINGS Administration of Oaths Hearings Scheduled Agenda for the Code Enforcement Board of the City of Pasco , Washington September 07, 2017 at 7:00 pm CEB2017-0485 903 LINCOLN DR -THONGKHAM KHAMPHOUMY, owner Debbie Scott, Code Enforcement Officer Description: EXPIRED PERMIT #20690 AND NO PERMIT FOR SHED IN THE REAR OF T HIS PROPERTY. PMC 16.04.010 (1) Violation: Fai lure to secure a C ity of Pasco building permit. (2) Corrective Action: Di sco ntinue all construction acti vi ties and submit an application for a building permit from the City of Pasco (please call (509) 543-5726 for information on permit requirements). If no permit can be obtained , unpermitted construction must be removed. Description: ILLEGAL HOME OCCUPATJO N (AUTO REPAIR) AT THIS LOCATION. PMC 25.66.040 (1) (1) Violation : AUTO REPAIR B USrNESS AT THIS LOCATION. Home occupation is not CLEARLY subo rd inate to the principal u se of the p roperty as a res idence. (2) Corrective Action: Di scontinue all home occupati on activities. D escription: REAR YARD HAS TARPS COVERING AUTO REPAIR B USINESS, STORAGE OF JUNK VEHICLES AND AUTO PARTS ETC. PMC 25.66.040 (2) (1) V io la tion : Home occupation involves modifi ca tion of th e property that indicates uses other than residential. (2) Corrective Action: Di scontinue all modification of the property that would indicate that the property is being used for anythi ng other than a res iden ce. D escription: TWO OCCUPIED RV'S IN REAR YARD. PMC 25.69.040 (1) (!)Violati on: Occupyin g recreational veh icle(s) overnight while not in a recreational veh icle park. (2) Correc tive Action: Discontinue occupancy of all recreation a l ve hi cles o n the property. Description: TWO RECREATIONAL VEHICLES BEING USED AS A PRIMARY RESIDENCE. PMC 25.69.040 CEB Agenda Page I of 7 (3) VIOLATION: No recreational veh icle shall b e u sed as a primary residence outside of an approved recreational vehi cle park CORRECTION: Discontinue occupation of the recreational veh ic le in a residential zone and relocate to an approved recreational vehicle park. Description: NUMEROUS J UNK VEHICLES LOCATED ON CITY RIGHT OF WAY. SIDE YARD, REAR YARD AND FRONT YARD PMC 25.70.150 (2) (a-d) (I) Violation: Only one (I) inoperable veh icl e may be stored outside of a fully enclosed bui lding on the property in any residential zone. The vehicle shall not be stored upon a publi c right-of-way or in the front or side yard areas of the property. The vehicle must be locked an d secured at all times it is unattended and must be stored on an approved hard surface (i.e. gravel, aspha lt or concrete) behind a completely enclosed six (6) foot fence, which is fully sight obscurin g. A ll vehicle parts not properly installed upon a veh icle shall be stored inside a fu ll y enclosed building or within the vehicle itself. (2) Corrective Action: Store all inoperable vehic les with in an enclosed buildin g (such as a garage or shed). One vehicle may be stored outside an enclosed building in compliance w ith th e provisions above. All other vehicles must be removed from the property or made operable. Store all vehicle parts in an enclosed building, within th e vehicle or remo ve the p arts from the property. Description: STATIONARY PLAY EQUJPMENT PERMANENTLY CONSTRUCTED IN THE FRONT YARD PMC 25. 74.030 (2) (I) Violation: Allowing any building, structure, sate lli te di s h , stationary play equipment or cloth es lines to be erected, altered, or placed so that any portion th ereof is wi thin the required front yard. (2) Correcti ve Action: Remove all buildings, structures, satellite dishes, stationary play equ ipment and/or clothes lin es from the requ ired front yard po11ion of your property. Description: VEHI CLES PARKED JN FRONT AND REAR YARD AND ON UNAPPROVED SURFACE. PMC 25.78.030 (4) (1) Violation: Vehicles are being parked on an unapproved surface (such as dirt or grass) and/or more than four (4) veh icles at a time are being parked in the front driveway. (2) Corrective Action: Park ALL veh ic le s on an approved surface s uch as asphalt , gravel or concrete and/or discontinue parking more th an 4 vehicles at a ti me in the front driveway. Description: POSSIBLE HUMAN WASTE & TOILET PAPER ON WEST SIDE OF PROPERTY IN THE REAR. PMC 6.24.010 (1) Violation: Permitting accumulations of filth , garbage, decaying anima ls or vegetable matter, etc. (2) Corrective Action: Remove and lawfully dispose of all garbage, waste, debris and any decayed/decaying matter. Maintain property free from all filth , waste and garbage at all times. Description: FAILURE TO LICENSE THE DOG AT THIS LOCATION. PMC 8.02.030 CEB Agenda (1) Violation: Permitting any dog, cat or other animal to trespass on private or p ubl ic property so as to damage or destroy any property or thing of value, or to deposit feca l matter on any property not that of his owner. (2) Corrective Action: Keep animals on your prope11y at all times and prohibit them from damaging or depositing fecal matter on o ther Page2of7 properties. Description: REAR YARD I S AN EXTREME FIRE HAZARD. PMC 9.60.020 (1) (1) Violation: Any action or inaction w hi ch unreasonably annoying injuring or endangering th e comfort, repose, health or safety o f others. (2) Corrective Action: Di scontinue a ny act which violates the provisions of th is ordinance. Description: EXCESS NUMBER OF VEHICLES AND JUNK VEHICLES BEING STORED ON C I TY RIGHT OF WAY. (STREET) PMC 9.60.020 (3) (!)Violation: Unlawfully interfering with , obstructing or tending to obstruct or render dangerous for passage any public right-of-way (i.e . stream, pub li c park, parkway, s qu are, street, highway or s id ewal k) in th e ci ty. (2) Correcti ve Acti on: Remove a ll items /o bjects/vehicles/etc. wh ich may be obstructi ng a ny pu bl ic righ t-of-way. D esc rip tio n : ENTIRE PROPER TY BEING USED AS A JUNKYARD FOR THE STORAGE OF JUNK VEHICLES AND VEHICLE PARTS. PMC 9.60.030 (12) (!)Violation: All pl aces used or maintained as junkyards, o r dumping grounds, or for the wrecking or disassembling of automobi les, trucks, tractors, or machinery of any kind, or for the storing or leavi ng of worn-o ut , w recked or abandoned automobiles, trucks, tractors, or machinery o f any kind , or of any of the part s th ereof , or for th e storing or leavin g of any mach inery or equipment used by contractors or builders o r by other persons. (2) Corrective Action: Di scontinue wrecking or disassembling automobiles, trucks, etc. Remove and lawfully d ispose of all wrecked or abandoned veh icles, mach inery, etc. along w ith a n y parts thereof. Di scontin ue the storage of heavy machine ry or equipment (i.e. front end loaders, dump trucks, back hoes, e tc.) at this property. Description: TRASH, LITTER AND DEBRIS LOCATED ON AND AROUND THIS PROPERTY. PMC 9.60.030 (6) (I) Violation: Any parcel w ithi n th e C it y w hi c h is filthy, littered or trash-covered due to placing, dropping, disposing, throwing away, or otherwise di scarding litter, garbage, refu se, can s, bottles, paper or paper mate ri al, meta l, organic or inorganic material on areas o f the property other than approved garbage containers. (2) Correcti ve Action: Re move and lawfully di spose of all litter, garbage, junk or vegetative waste on the prope rty. Description: VEHICLE PARTS IN PUBLIC VIEW (FRONT, SIDE AND REAR YARD AREAS). PMC 9.60.030 (9) (I) Violation: Scrap metal , ashes, bric-a-brac, broken s to ne or cement, broken crockery, broken g lass, broken plaster, automobile bodies and/or p arts, and all such tras h or abandoned mat eria l that a re not kept in approved containers. (2) Corrective Action: Remove a ll veh icle parts, scrap meta l, machinery, di sassem bled vehicles, etc. from the property o r store these items in an enclosed container or building. R emove and lawfull y d ispose of all junk items (e.g. any items or which have se rved th ei r intended original purpose) and unusable vehicle pa rt s. CEB2017-1288 NKA V AC LOTS OWEN A VE -DALLAS & LOZIE BARNES, owner Debbie Scott, Code Enforcement Officer D escription: REPEAT--WOOD DEBRIS, LIMB DEBRIS AND DRIED WEEDS O VER 12" CA USI NG A FIRE HAZARD. PMC 12.12.080 (b) (I) Violation: CE B Age nda Page 3 of7 Allowing weeds, brush or uncultivated vegetation to grow, or all such vegetation which has grown to a height of twelve inches (12") or more above the ground, or all such vegetation which has grown to such an extent that it is a menace to public health , safety, welfare or order. It is the duty of the owner, occupant or person having control of this property to abate any s uch nui sa nces. (2) Corrective Action: Cut weed s, brush or unculti vated veget ation as c lose to the ground as practicable. Remove and lawfully dispose of all cut vegetation. Description: REPEAT--WEEDS CAUSING A FJRE HAZARD PMC 9.60.030 (16) (l) V io lat ion: Weeds, noxious weeds, grass, and other vegetation which constitutes a fire hazard, encroaches on sidewalks or neighboring properties, is damaging publi c improvemen ts, impa irs the vi sion of traffi c signs or signals, and/o r has reached a height of twe lve inches (12"). (2) Corrective Action : Eradicate weeds by chemicals, cutti ng or other acceptable means so t hat they do not exceed twelve inches ( 12"), encroach on neighboring properiies, constitute a fire hazard , etc. Weeds that are cut or removed by the root must be removed from the property and la wfu ll y disposed of. CEB2017-13161216S12TH AVE-HUAN GUO, owner Debbie Scott, Code E nforcement Officer Description: DRY WEEDS OVER 12 INCHES TALL, CAUSING A FIRE HA ZARD. PMC 9.60.030 (16) (1) Vio lation: Weeds, n ox ious w e eds, grass, and oth er vegetat ion which constit utes a fire hazard, encroaches on sidewalks or neighboring properiies , is damaging pub li c im provements, impairs th e vision of traffi c signs or signa ls, an d/or has re ached a height of twelve inches (12"). (2) Corrective Action: Erad icate weeds by chemicals, cutting or other acceptable means so that they do not exceed twelve inches (12"), encroach on neighboring properties, constitute a fire hazard, etc. Weeds th at are cut or removed by the root must be removed from the property and la wfu ll y disposed of. CEB2017-1329 1524 N 16TH A VE -CRAIG WILLIS, owner Debbie Scott, C ode E nforcement Officer Description: NO LIVE FRONT YARD LANDSCAPING, YARD IS DEAD. PMC 25. 75.050 (4) (1) Violation: At least fifty percent (50%) of th e required front yard area ha s NOT been landscaped wi th live vegetation. (2) CorTe ctive A ction : In sta ll live ground cover, s uch as grass, on a t least 50% of the front yard poriion of your property. A ll areas not landscaped with live vegetation must be landscaped with mulches or decorative rock . Description: FRONT YARD & SIDE YARD IS DRIED UP AND DEAD. PMC 9.60.030 (15) (I) Violati on: Lawns, shrubs, trees or other plantin gs that have been dead for more than three (3) frost free months; and any front or rear yard areas on any lot , parce l or tract of land in a residential d ist ri c t th at has become populated with weeds to the extent that it subjects ne ig hbori ng residential properties to weed growt h . (2) Corrective Action: Restore of rep lace any landscaping e lements that have died and remove and lawfully d is pose of excess weeds on the property . Description: WEED & LIMB DEBRIS LOCATED ON THIS LOT. PMC 9.60.030 (16) (1) Violation: CEB Agenda Page 4 of 7 Weeds, noxious weeds, grass, and other vegetation wh ich constitutes a fire hazard, encroaches on sidewal ks or neighboring properties, is damagi n g p u bli c improvements, impairs the vis ion of traffic signs or signals, and/or has reached a height of twelve inches (12"). (2) Correct ive Action: Eradicate weeds by che mi cals, cutting or other acceptable means so t hat they do not exceed twelve inches (12"), encroach on neighboring propert ies, consti tute a fire hazard, etc. Weeds that are cut or removed by the root mu st be removed from the property an d lawfull y disposed of. CEB2017-1548 417 W LEWIS ST -MARIO NAVARRETE , owner Debbie Scott, Code Enforcement Officer Descriptio n: NEED A SPECIAL PERMIT TO HOLD A CHURCH A T THIS LOCATION. PMC 5.07.020 {I) Violation : Occupying, or pennitting to be occupied, any nonres idential bu ild ing without first securing and maintaining an occupancy registrat ion. (2) Corrective Acti on: Apply for occupancy certi fication with the City Clerk's office. P lease call (509) 545-3402 for more information on occupancy registration s. CEB201 7 -1620 303 S HU GO AVE -JOSE G BARAJAS, owner Debbie Scott, Code E nforce ment Officer D escription: NO PERMIT F OR THE MAKESHIFT FENCE AT THIS LOCATION PMC 16.04.010 (1) Violation: Failure to secure a C it y o f Pasco bu il d in g perm it. (2) Corrective Action: Discontinue all construction activ ities and submi t an appl ication for a bui lding permit from the City of Pasco (p lease call (509) 543-5726 for informatio n on permit requ irements). If no permit can be obtained, unpermitted construction must be removed. D escrip tion: FENCE HIGHER THAN 6 FT JN REAR YARD. PMC 25. 75.050 (1) (d) (1) V iolation: A fence in excess of six feet (6') in height has been constructed in the s id e and/or rear yard . (2) Corrective Action: Remove all fe n cin g th at exceeds s ix feet (6') in height in your s ide and/or rear. Description: OUTDOOR GR OWING OF MARIJUANA PMC 9.60.030 (20) (!)Violat ion: Outdoor storage, production, o r growing of marijuana or marij uana products. (2) Corrective Action: Eliminate all outdoor storage, production and growi ng of marij uana and marijuana products . D escription: SMELL OF MARIJUAN A AND MARIJUANA IN SIGH T AT THIS SITE. PMC 9.60.030 (2 1) CEB Agenda ( 1) Vio lation : When there is evidence that outdoor u se of marijuana or marijuana products are visua ll y observable, recogniza b le by odor from the public right-of-way or from any other private property or when a reasonable person would ascertain that such activit ies are taking place. O utdoor use of mar ijuana or ma rij uana products, wi th or without a state medi cal license, w hen an y portion of s uch act iv ity creates; traffic, d u st, g lare, heat, noise , noxious gases, odor, smoke, vibra t ion, process, prod ucts or wastes. (2) Corrective Acti on: Cease all marijuana acti vi ties that create any of th e nuisance condi t ions descr ibed above. Pa ge5o f 7 CEB2017-1629 507 N 4T H A VE -ZAG INVESTMENTS LLC, owner Rosanna Johnson , Code Enforcement O fficer D escription : Search warrants, warrants for arrest and arrests have occured more than twice in the last J 2 month period (7/2 J/20J6-7/2J/20 J7) a t th is location. There have been 60 arrests and J J warrants served at this location as verified via police in cident and call log reports. PMC 9.63.020 (BJ (4) Violat ion: A search warrant , or warrant o f arrest, or arrest has occurred twice at this property, busin ess location, or per unit of thi s multi-family residential prope rt y within the last twelve month period. Correct ive Action: Immedi ately abate the chronic nuisance cond iti o ns or respond to the respo n sib le officia l wi th in seve n (7 ) days of service of thi s no tice describin g the course of acti on to be taken to co rrect the nui sance condition . The owner may enter into a vol untary correcti on agreement with the city as provided in PMC 9.63.070. D escription: Numerous nuisances ha ve occu rred on site in the last J8 0 days (J /2J /2017-7/2J /20J 7) in violation of the chronic nuisance code. This location contains 6J dwelling units. Jn the last J80 days, 144 calls of which 59 were NUISANCE calls (.96 calls pe r unit) reported to th e Pasco Police Department, JO Code Enforcement inspections & EMS/Fire D epartm ent has responded to th e lo cation 6 times. PMC 9.63.020 (BJ (5) Violation: Thi s multi-fami ly residential p roperty, including, but no t limi ted to, apartm ents, boarding houses, room ing hou ses, or mult i-tenant commerci al property includ in g, but no t limi ted to , hotels and motels, has had 0.5 or mo re nu isance activities per unit (occupied or not) having occurred on different days withi n th e 180-day perio d of time as stated in thi s notice. Corrective Action: Im mediatel y abate the chron ic n u isance cond it io ns or res pond to the responsi ble official wi th in seven (7) days of service of this noti ce describing the course of acti on to be taken to correct the nuisance condition. The owner may enter in to a volun tary correction agreement with the c it y as provided in PMC 9.63.070. Description: Nuisances occurring on site include, but are n ot limited to, viola tions of PMC chapters 9.06, 9.08, 9.24, 9.38, 9.46, execution of warrants, search warra nts and arrrests on th e property, etc as ver(fi ed via police incident and call log reports between 7/20/20J6-7/2 J/2017. PMC 9.63.030 V io lation: Permitting thi s p roperty to continu e as a chroni c nuisan ce. Correcti ve Action : Immediately abate t he chro n ic nuisance conditions or respond to the responsible official wi thin seven (7) days of service o f thi s notice describing th e course of act ion to be ta ken to co rrect the n uisan ce cond it ion s. The owner may enter into a vo lun tary correcti on agreement wit h th e city as provided in PMC 9.63.070. CEB2017-1645 823 N SYCAMORE A V E -NAT ALIA GALVEZ, owner Martin Barajas, Code Enforcement Officer Description: No City of Pasco dog license for big black dog. PMC 8. 02. J 90 (!)Violation: A ll dogs over seven (7) months of age must be li censed wi th the C it y of Pasco. (2) Corrective Action: License all dogs over the age of seven (7) months with th e C ity of Pasco (please call (509) 545-3488 for more information). **Dogs identified as a potentiall y d angerous breed mu st be licen sed at th e Tr i City An imal Shelter 132 I S 18th Ave, Pasco WA (509) 545-3740.** CEB20 17-1707 1816 N 12TH AVE -CARLOS G & IRMA PEREZ, owner Abel Corona, Code Enforcement Officer D escript ion: Failed to re n ew 20J 7 dog li cense PMC 8.02.J90 (1) Violation: CE B Agenda Page 6 of 7 All dogs over seven (7) months of age mu st be licensed w ith the C ity of Pasco. (2) Correcti ve Action : Li cense all dogs over the age of seven (7) month s wit h the Ci ty o f Pasco (please call (509) 545 -3488 fo r more infonnation). **D ogs id en tified as a poten ti a ll y d angerous breed mu s t be licen sed at th e Tri City An imal She lter 1321 S 18th Ave, Pasco WA (509) 545-3740.** C EB2017-1881 5711 DENVER DR -MICHELLE HUNTER-ADAME, owne r Martin Barajas, Code E nforcement Officer D escription: Failed to renew 2017 dog license PMC 8.02.190 (1) V io lati o n: A ll dogs over seven (7) months of age mu st b e li censed with the C ity of Pa sco. (2) Corrective Action: Licen se a ll dogs over the age of seven (7) months with the C ity of Pasco (pl ease call (509) 545-3488 for more information ). **D ogs id enti fi ed as a potentia lly dangerou s breed m ust be li censed at the Tri City Animal Shelter 132 1 S 18th Ave, Pa sco WA (509) 545-3740.** CEB2017-1925 703 POL SON CT -CESAR FLORIAN, owner Ma rtin Barajas, Code Enforcement Officer D escription: Failed to re new 2017 dog license PMC 8.02.190 (1) Violation : All d ogs over seven (7) months of age mu st be li cen sed with th e Ci ty of Pasco. (2) Corrective Act io n: Licen se a ll dogs over the age of seven (7) mo nths with th e C ity of P asco (please call (509) 545-3 488 for more information). **Dogs identified as a potenti a ll y dangerou s breed mu st b e li censed at the Tri City Anima l Shelter 132 1 S 18 th Ave, Pa sco WA (509) 545 -3740 . ** Amendments Di smissals Motion E. STAFF REPORT AND OTHER BU SINESS F . ADJOURNMENT This meeting is broadcast li ve on PSC-TV Ch annel 19 1 on C hart er Cable and st reamed at www.pasco-wa.gov/psctvlive. Audio equipment ava il able for th e hearing impa ired; con tact s taff for assistance. CEB Agenda Page 7 of7 A. CALL TO ORDER CODE ENFORCEMENT MINUTES MEETING OF August 3, 2017 Chai rp erson Gottschalk called the regular meeting of the Code Enforcement Board to order at 7:00 p.m. B. ROLL CALL a. Board Members MEMBERS PRESENT Daniel Gottschalk Thomas Granbois Dwayne Speer C. ADOPTION OF MINUTES: MEMBERS ABSENT Mary Gutierrez James Rawlinson Board Member Granbois moved, seconded by Board Member Speer, that the minutes of the July 6, 20 17 m eeting be approved. The motion carried unanimously. D. DETERM INAT lON HEARINGS: C hairpe rso n Gottschalk explained th e pro ced ure and purpose for the meeting, no tin g that the City of Pasco was the Petitioner and property owners and their authorized re pre se nt atives who had appeared to discu ss the alleged violations of th e Pasco Municipa l Code were the Respondents. a. Hearin gs 1. City of Pasco vs. Gunderson, Kathryn, case number CEB2017-1062, for the propertv located at 4812 W Nixon Street Troy Hendren, Inspection Services Manager, asked Code Enforcement Officer Alonso Torres to read t he case facts into the record. Mr. Torre s indicated th at th e c ited v io lation on this property was PMC 9 .60.030 (16) - Overgrown weeds/vegetati o n throughout the prope rty. The property was in spected on May 23, 20 17 and violations were obse rved and d eterm in ed to be a second offe nse vio lation. Previous notices were sent o n June 17 , 20 15 and May l 0, 2016. A second offense repeat violation was sent on May 4, 2017 and th e propert y owner was legally not ifi ed on July 6, 20 17. Based on a final in spection of the prope rty comp leted o n August 3, 2017 the property in compl ia nce at this tim e. T he C ity of Pasco recommended imposing a repeat penal ty of $400. Katheryn Gunderson , 48 12 W N ixon Street, spoke on behal f of this case. CODE BOARD DECISION: Board Member Speer moved , seconded by Board Member Granbo is , t hat the action s taken by the City were appropriate an d tim e ly . The motion carried unanimously. Board Member Speer m oved , second ed by Board Member Granbois, to impose a repeat penalty of $400 to be he ld in abeyance for 12 months and dismissed of no further violations in that t ime . T he motion carried un an im o us ly. 0803 2017 CEB Minutes Page 1of 2 11. City of Pasco vs. Fitzgerald, L isbeth, case number CEB2017-1360, for the property located at 4437 Galway Lane Troy Hendren , Inspectio n Services Manager, as ked Code Enforceme nt Officer Alonso T orres t o read the case fact s into the reco rd. Mr. T o rre s indi cated that the c it ed vio lation on this prope1ty was PMC 9.60.030 (9) -Need to store app liances and other items that have served their intended original purpose within an e ncl osed building or properly dispose of th e m. The property was in s pected o n Jun e 22, 2017 and vio lati o ns were observed and d etermined t o be repeat violations . A prev io us no tice was sent on November 18 , 2016 for storing app li ances and other items that need to be contained in a building. A re peat notice of civil vi o lat ion was iss ued o n June 22 , 2017 and the pro perty owners were lega lly notified on June 26, 2017. Ba sed on th e final inspection of the property completed on August 2, 2017 the property is in compl iance at thi s time. The C ity of Pasco recommended imposing a repeat penalty of $200. Jess ica Fitzgerald , 4437 Galway La ne , s po ke on behalf of thi s case. CO DE BOARD DECISION: Board Member Rawlinson moved, seco nd ed by Board Member S pee r, that the actions taken by the C it y were appropriate and time ly . The moti o n carried unanimou s ly. B oard M ember Speer moved, seconded by Board Member Granbois, to impose a repeat penalty of $200 to be held in abeyance for 12 mo nth s and dismissed of no further vio la t io ns in that time . The motion carried unanimous ly. b. Amendments 1. C ity of Pasco vs. E lliott, Johnathan, case number CEB2017-1072, for the property located at 4708 John Deere Lane c. D ismi ssa ls d . M o tion Board Member Sp ee r made a motion to approv in g Resolutio n No. 20 17-007 , Board Member Granbois seconded. The m otion carried unanimous ly. E. STAFF REPORT AND OTHER BUSINESS: F. ADJOU RNMENT The re being no further bu s in ess before the Pa sco Code Enforcement B oa rd , the meeting was adjo urn ed at 7:24 p.m. ~~d~n ~ Co mmunity & Economic Deve lopment 08032017 CEB Minutes Page 2 of2 MEMORANDUM August 31, 2017 TO: Rick White, Director Community & Economic Development FROM: Troy Hendren , Inspection Services M Community & Economic Developm SUBJECT: Code Enforcement Activity Reports Reports for the Month of July, 20 1 7 Please find attached copies of the Code Enforcement Activity Reports for the month of July: ( 1) CEB R esolution The resolution shows a ll t h e Code Enfor cem e n t Board actions and cases that the Board h as ruled on at t h e ir monthly hearing. (2) Status Re port Code Enforcement Inspections, July, 20 17 This repor t li sts all inspections performed by i ndividual staff for the month. To be counted as an "inspection" a written "correction notice" must have b een issued as a result of the 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 Bob Gear, Fire Chief Bob Metzger, Chief of Police J on Funfar, Media Speciali st Jake Hickman, Cross-Connect Speciali st Community Development Staff Cod e Enforcement Board CITY OF PASCO CODE ENFORCEMEN T BOARD RESOLUTION RESOLUTIO N NO. 201 7 • 7 A RESOLUTION finding that code vio lati ons have been corrected and may be di smi ssed wi th out penalty, deferring action on certain cases pending pro per noti ficat io n, accepting voluntary correction agreements, and assess ing penaltie! on certain cases. WHEREAS, the City of Pasco has found th at there exist conditions on certain properties th at const itute violations of the Pasco Municipal Code; and WHEREAS, the Code Enforcement Board has the authority to affirm, dismiss, or modify not ices of civil vio lations issued by the City: NOW BE IT RESOLVED BY THE CODE ENFORCEMENT BOARD OF THE C ITY OF PASCO; That the fo ll owing cases be dismissed without penalty: ~ ~ Da ily CEB20 16-02% RAMON & BLANCA CHAVARRIA CEB2016-1622 ARTHUR W LEE (JR) -- CEB20 17-0085 DEAN SHEL TON CEB2017-0188 US BANK TRUST NA (TR USTEE) CEB2017-0342 BOUN MEK & KHANTHAL Y XA Y ACHAC CEB20 17-0444 CAM RON J & SAMAN THA COLSON CEB20 17-0579 LEONARDO & YADIRA CAMPOS CE B201 7-1045 DAGOBERTO RUBALCAVA (ETAL) CEB20 17-1070 JOSEL TOVAR CEB2017-1099 FRANKLIN COUNTY CE B2017-l IOO CRAIG TERRY CEB20 17-l 11 5 COLUMB IA VILLAS LLC ~ ~ ~ Page I of 11 ~ Repeat l2l!i.!.Y Monetary llifiln.i.oo! ~ CEB2017-l 120 RICHARD C BAUMGARTNER CEB20 17-l 135 ARNOLD A & MAR IA D RAMOS CEB2017-1136 YORDANI MARICHAL CEB20 17-1138 RONALD W & BEVERLY JEAN BRADLE CEB20 17-1139 RONALD W & BEVERLY JEAN BRADLE CEB2017-1142 ANDREW & SUSAN (TR) LANDRAM CEB20 17-l 148 MELESIO AGUILAR CEB20 17-1149 ANDY PRODUCTIONS MX Dismissed as unfoun ded by Board CEB2017-II 54 JON PITZER CEB2017-l 155 CM CU RBING LLC CEB2017-l 159 ACQUISITION BUSfNESS CONSULT ANT CEB2017-116 1 SILVA AUTOBODY & SERV ICE CEB20 17-1 165 DARJN LOMAN CEB20 17-l 166 MANNYS TRANSPORT LLC CEB2017-11 67 R THERON CAMMER CEB20 17-1168 BULLDOG MATTRESS fifty dollars ($50) CEB2017-1170 VERON ICA & RENE MEDfNA CEB20 17-l 173 DAKOTA CONCRETE Page 2of11 ~ Rep eat I&ili'. ~ ~ Other CE B2017-l 174 MEN ZONE LLC CEB20 17-11 75 JULIO FILIPP I CE B2017-11 76 ELID OGARZA CE B2017-1177 GOOSE RIDGE VINEY ARDS CE B20 17-11 78 ANTI-ION Y CHAVEZ CEB2017-1 I79 CECELIA MAUSETH AGENCY CEB2017-1 180 ANDRAN P YOUNG CEB2017·11 8 1 EDNA MEDINA CE B20 17-l 184 ANTON IO LOZA CE B2017-l 185 OSBA LDO FLORES CEB20 17-l 187 METRO PCS CEB 2017 -l 189 DD & K PAINTING LLC CEB20 17-l 190 EDGE&CO CEB20 17-l 192 SOL.ORA SO LAR LLC CEB20 17-l 194 CROWD MANAGEMENT SERVICES CEB2017-11 95 SEA TAC DISTR IB UTION INC CE B20 17-l 196 GAB RIEL ROBLEDO CE B20 17-l 197 GAB RJEL AMADO R Page 3of 11 Service Repeat Daily Monetary Dismissed Other CEB20 17-l 198 ANA SALAS MAGALLON CEB20 17-l 199 ALEJANDRO RODRIGUEZ Dismissed as unfounded by Board CEB20 17-1200 CUTTING EDGE CURBING CEB20 17-120 1 JACK LESTER JR CEB20 17-1202 CERVANTES ELECTRJC SERVI CE LLC CEB20 17-1204 ACCURATE PLUMBING DESIGN LLC CEB2017-1205 BOYD COFFEE COMPANY CEB20 17-1 207 SEAN JOHNSON CEB2017-1209 WELDING UNLIMITED AND F ABRJCA Tl CEB20 17-1 212 MISAEL RENDON CEB2017-12 13 INTEGRITY REMODELING & CONSTRU< CEB2017-1 2 14 PREMIUM LAWN AND LANDSCAPE CEB2017-1215 LAPIERRE ENTERPRJSES, INC CEB20 17-1 216 BLACK DOG LANDSCAPING CEB2017-12 17 HAGEMAN CUSTOM HOMES LLC CEB20 17-1220 JUAN & ROBIN LOPEZ CEB2017-1 221 OAKL YNN CONSTRUCTION INC Dismissed as unfounded by Board CEB2017-1223 FUTURE LINK COMMUNICATIONS Page 4of1 1 Service Repeat Daily Monetary Dismissed Other CEB20 17-1224 AHMED INBRAH IM CEB20 17-1225 LEON SAUERS CEB2017-1226 ENRIQUE PfNA CEB2017-1227 TELLUS LL C CEB2017-1229 CAPITAL ROOFING LLC CEB2017-1230 ROCKY JENKfNS CEB20 17-1231 MID VALLEY RESTAURANT EQUIPME1' CEB20 17-1233 ALL SURFACE ROOFfNG & WATERPROt CEB20 17-1234 GREAT SUN CORP CEB20 17-1235 TRI-CITIES fNSULATION GROUP LLC CEB20 17-1236 DIG-A-D'S DOGS CEB20 17-1237 ROW CONSTRUCTION REMODELING CEB20 17-1238 MARIA T CONTRERAS CEB20 17-1239 PROFESSIONAL WfNDOW CLEAN ING SI CEB20 17-1240 ALL C ITY MOBILE WASH CEB20 17-1242 BERNAL ENTERPRISE LLC CEB20 17-1244 GATOR WATERPROOFfNG SERVI CES LI CEB20 17-1245 SMITH MCDANIEL INC Page 5of11 Service Repeat Daily Monetary Dismissed Other CEB20 17-1246 STANLEY CONSTRUCTION LLC CEB20 17-1264 JEFFERY A & JENNIFER M MCCLURE Dismissed as unfounded by Board CEB20 17-1 268 DOUGLAS C & BONNIE M REDFIELD (TI Dismissed as unfounded by Board CEB2017-1279 SALVADOR A RODRIGUEZ CEB2017-1324 JESUS M ARRIAGA CEB20 17-1 339 SPENCER & JESSICA L HARRIS CEB2017-1 340 LISKA FAMILY TRUST(ETAL) -- CEB20 17-1341 DUANE E & BARBARA A GROTH CEB20 17-1345 WALTER V & NINA ZYGAREWICZ (TR CEB2017-135 1 M ICHAEL ALLEN & NANCY LYNN BAR' CEB20 17-1355 SPENCER & JESSICA HARRIS CEB2017-1356 RONALD W CHRISTOPHER Be it further resolved the following people were not properly notified of alleged violations of the Pasco Municipal Code and hearings fo r their cases should be defe rred until such times as they are properly notified : Service !kw! .Qiiili: ~ Illimi.illl1 ~ C EB20 15-3028 CODY M WAREHAM CEB2017-0298 M IGUEL MAGANA VALENCIA CEB2017-0460 ALFREDO & ELAINE RODRIGUEZ CEB2017-1054 JOSE ANGEL FLORES JR (ETAL) CEB20 17-I 121 RAFAEL MENDOZA Page 6of 11 Service Repeat Daily Monetary Dismissed Other CEB20 17-1 140 SPRITZ IN C CEB2017-1 141 SPRITZ rNC CEB2017-1145 ALEJANDRO GONZALEZ CEB2017-1146 BERENICE VALDEZ CEB2017-1152 MARIO NAVARRETE CEB201 7-l 160 ROAD 68 JOrNT VENTURE CEB20 17-l 162 MONIC'S EXTREME BEAUTY CEB20 17-1169 JAMES EDWARD SALL CEB2017-1172 BENJAMrN REYES F UERTE CEB2017-l 186 7 STARS ROOFING LLC CEB2017-l 188 DRG ROOFING PARTNERSHIP CEB2017-1191 RACIEL LOPEZ CEB2017-1203 CLEAN CUT BUILDERS CEB20 17-1208 SALVADOR & ELIZABETH MARTINEZ CEB20 17-1 2 10 ELEAZAR MORFrN CEB20 17-1219 ALBERTI BUILDERS LLC Be it further resolved that the Code Enforcement Board accepts or continues the below lis ted cases and voluntary correction agreements: Service Repeat Daily Monetary Dismissed Other CEB20 15-3006 DARLENE ELLIOTT Page 7of1 1 Service Repeat Daily Monetary Di smi ssed Oth er CEB 201 5-3008 ABRAHAM R & DORE EN L MARTINEZ CEB20 15-3038 MI CHAEL LEE & TRUDE D SMITH CEB20!7-007 1 N DALE DAVIS C/O CLAUDIA WILKERS CEB20 17-0290 MIGUEL CASTRO CEB2017-038 1 SETH M RASHFORD CE B2017-0485 THONGKHAM KHAMPHOUMY CE B2017-0498 ZAG INVESTMENTS LLC CE B2017-0506 ASAUL V CAMPOS (ETUX) CEB2017-05 15 STARMARK REAL ESTATE Ill LL C C EB2017-0580 ALBERTO 0 C RUZ CEB2017-1 329 CRAIG WILLI S Be it further resolved that the following cases are now in compliance. However, proper notification of certain people required use of a professiona l process server and a monetary service penalty of forty-five doll ars ($45.00) is assessed in each case therefor; and certain properties and people we re 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 and people were assessed a minimum mandatory monetary penalty of fifty dollars ($50.00) for certain vio lation(s) of the Pasco Municipal Code therefor: Service .ll£J1l:ill !&i!y M.!!nm ~ Other CEB2017-0162 J JESUS & ESPERANZA CORREA four hundred dollars ($400) CEB2017-0367 DALE P ES INA S R. & DALE PES INA JR. forty-five dollars ($45) two hundred dollars ($200) CEB20 17-04 24 M IGUEL A LOPEZ two hundred dollars ($200) CEB20 17-0425 AL FREDO R GARCIA two hundred dollars ($200) CEB20 17-0435 REINA I MEJIA forty-five dollars ($45) CEB2017-0455 EDWARD L& JANET B BROWNING forty-five dollars ($45) Page 8of 11 Service Rcocat Qilly ~ ~ Ql!Jn CEB2017-0533 ALAN L (ETAL) BULLIS eight hundred dollars ($800) CEB20 17-1147 7-ELEVEN 2362-14406G two hundred dollars ($200) -- CEB2017-l 164 GENERIC TOWING two hundred doll ars ($200) -- CEB2017-1288 DALLAS & LOZIE BA RNES two hundred dollars ($200) -- CE B201 7-1 299 LAWRENCE B STONE PROPERTIES #0 two hundred dollars ($200) -- CE B2017-1308 GERARDO GONZALEZ RAMOS two hundred doll ars ($200) -- CEB20 17-131 6 HUANGUO two hundred doll ars ($200) Be it further resolved that the following people were properly notified of a ll eged violations of the Pasco Municipal Code but have failed to appear before the Pasco Code Enforcement Board for hearings on the date prescribed a nd said a ll eged vio lations have not been abated as required or were abated by the City and abatement costs, timeframes for co mpliance and daily moneta ry penalties in the a mounts not to exceed those established by PMC I 1.02.050 and as may be determined by t he Community Development Director are assessed for each civil violation therefor: Service Repeat [@!x ~ ~ Other CEB2016-1525 N IKOLAY Y & NAOEZHDA NTK ITCHUK one hundred dollars ($100) CEB20 17-0250 MARJA IZAGUIRRE forty-five dollars ($45) two hundred dollars ($200) one hundred dollars ($100) CEB2017-0280 ELIZABETH MIRANDA forty-five dollars ($45) fifty dollars ($50) CEB2017-0303 CA RLOS V ILLA CESAR & INEZ MATIA C one hundred dollars (S I 00) CEB2017-041 I TRUITT L JOHNSON forty-five dollars {$45) fifty doll ars {$50) CEB2017-041 9 MARJA RAMIREZ forty-five dollars ($45) fifty dollars ($50) CEB201 7-0488 DAN IEL U & TRIC IA A MORALES forty-live dollars (S45) one hundred dollars($ I 00) CEB20 17-049 1 THE BANK OF NEW YORK MELLON fifty dollars ($50) CEB20 17-0541 BASILI O RUIZ & REBECCA DA VIS forty-live dollars ($45) two hundred dollars ($200) two hundred dollars ($200) C ity abatement CEB2017-0552 D & D ENTERPRISES LLC City abatement Page 9of 11 Service Repeat Daily Monetary Di smissed Other CEB20 17-0586 CA YET ANO & AMELIA ROBLERO fi fty dollars ($50) CEB2017-0592 RUSS DEAN INC one hundred dollars ($100) CEB2017-1048 DANDEANE fifty dollars ($50) CEB2017-1061 JOHNNY & CYNTHI CAMPBELL two hundred dollars ($200) one hundred dollars ($100) CEB2017-1073 BRENDEN R(ETAL) MANAWADU two hundred dollars ($200) City abatement CEB2017-ll l l HIEUCHU forty-five dollars ($45) fifty dollars ($50) CEB2017-ll 12 HIEU CHU forty-five dollars ($45) fifty dollars ($50) CEB20 17-1129 SHANNE-P LLC two hundred dollars ($200) City abatement CEB2017-l 150 NRC ENV IRONMENTAL SERVICES INC fifty dollars ($50) CEB20 17-1151 GUILLERMO FRAGA fifty dollars ($50) CEB20 17-l 153 HAZERA SEEDS USA fifty dollars ($50) CEB20 17-1157 IR IS BARRETO two hundred dollars ($200) one hundred dollars ($100) --- CEB20 17-l 163 BLANCA NUNEZ fifty dollars ($50) CEB2017-1183 OSCAR MUNGIA fifty dollars ($50) CEB2017-121 I DAVID HANSEN fifty dollars ($50) CEB2017-1218 JIM MCCLELLAN fifty dollars ($50) CEB20 17-1222 MARK MONOPOLI fifty dollars ($50) CEB20 17-l 232 SKY CORPLTD fifty dollars ($50) Page 10of 11 Service !kW! Qfil!y M2!!£1filY ~ ~ CEB20 17-124 3 EASTERN ORE GON B EAT ING & AIR CO" fi fty do ll ars ($50) CEB20 17-1247 J & M MASON RY & CONSTR UCT ION LL fi fty doll ars ($50) CEB 20 17-13 04 ARMAN DO & ANTON IA RUIZ six hundred doll ars ($600) fi ve hundred dolla rs ($500) CEB20 17-13 15 COLUMBIA RIVER MEDICAL BLDG LL two hu ndred dollars ($200) one hundred doll ars (SI 00) CEB20 17-1347 BAO NGUYEN one hundred dollars ($100) CEB20 17-1352 FARO CHARLES PRES TI G IAC OMO one hundred dollars ($100) Be it furthe r resolved that the fo ll ow ing people were prope rly notified of alleged vi ola ti ons of t he Pasco Municipal Code a nd have appea red before t he Pasco Code E nfo rcement Board for hearings on the d at e prescribed a nd the Boa rd issued orde r s t herefo r: ~ ~ D.aili ~ ~ ~ CEB20 17-0554 BURT & RACHEL LOVEJO Y one hundred dollars ($100) CEB20 17-0563 624 WEST YAKI MA CARDINAL OAK LL< one hundred dolla rs ($100) CEB20 17-1066 RENT A C EN TE R IN C two hundred do ll ars ($200) one hundred do ll ars ($100) CED2017-1265 M ER CE DES M BAST IAN one thousand doll ars (S I,000) fi ve hundred dolla rs ($500) CEB2017-1305 woo·s CORPORATION two hundred do ll ars ($200) two hundred d o ll ars ($200) Be it furt he r r eso lved t hat, pursuant to PMC 11.02.0 60 (4)(d), a n y pe rso n who fail s to co llect or accept the certifi ed ma il co py of the Boa rd's d ecis ion may be required to be served a copy of the d ec is io n via profe ssiona l p rocess server, a nd all s uch costs fo r personal se rvice of t he deci sion are hereby assessed. Tot a l number of cases: 18 1 ATIE S T : Pa ge I I of I 1 STATUS REPORT CODE ENFORCEMENT INSPECTION JULY 20 17 PREVI OUS OFFICER MARTIN DEBRA ROSANNA ALONSO ABEL JAKE MONTHLY MONTH YEAR TO TOTAL YEAR TO DATE DATE VIOLATION TYPE Public Nuisance 4 68 3 75 0 0 150 751 901 Business Licenses 0 2 0 0 0 NA 2 142 144 Rental Licenses 0 0 0 2 2 NA 2 62 64 Dog Licenses 0 2 0 0 0 NA 2 220 222 Animal Nusiances 0 3 0 0 0 NA 3 30 33 Rental Inspections 1 0 138 3 410 NA 142 1796 1938 Vehicles Tagged 0 1 0 0 0 NA 1 35 36 CASES OPEN MONTHLY TOTAL 5 76 141 80 412 NA 302 3452 3754 CASES CLOSED MONTHLY TOTAL 44 55 20 27 13 NA 146 947 1093 Note: Counts reflect only Code Enforcement Inspections that resulted in an issuance of an initial written Correction Notice. CHAPTER 9.63 CHRONIC NUISANCES Sections: 9 .63 .010 PURPOSE ...................................................................................... 97 9 .63 .020 DEFINITIONS ................................................................................ 97 9.63.030 CHRONIC NUISANCE ACTIVITIES -VIOLATION ............................... 99 9.63.040 DETERMINATION OF CHRONIC NUISANCE PROPERTY ..................... 99 9.63.050 NOTICE OF DETERMINATION OF CHRONIC NUISANCE PROPERTY ... 99 9.63.060 APPEAL HEARING BEFORE THE CODE ENFORCEMENT BOARD ....... 100 9.63.070 VOLUNTARY CORRECTION ........................................................... 100 9.63.080 ABATEMENT OF CHRONIC NUISANCE OF PROPERTY ..................... 100 9.63.090 PENAL TIES .................................................................................. 100 9.63.100 ADDITIONAL ENFORCEMENT PROCEDURES .................................. 101 9.63.110 BURDEN OF PROOF ..................................................................... 101 9.63.120 ADDITIONAL REMEDIES ............................................................... 101 9.63.130 SUSPENSION OR REVOCATION OF BUSINESS LICENSE ................. 102 9 .63 .010 PURPOSE. Chronic nuisances present significant health, safety, and welfare concerns with a negative impact upon the quality of life in the neighborhoods where they are located, as well as an inordinate burden upon the City's emergency services . This Chapter provides a remedy for chronic nuisance activities. 9.63.020 DEFINITIONS. For purposes of this Chapter, the following words and phrases shall mean: A) "Chronic nuisance activity" shall mean any of the following activities, conduct, or behavior, whenever engaged in by owners, managers, operators, tenants, occupants or guests of the premises, or other persons that frequent or are assoc i ated with the premises: PMC Title 9 1) Violations of Court orders as provided in PMC 9.03.011 and 9.03.012. 2) Violations of PMC Chapter 9.06 including disorderly conduct, failure to disperse, simple assault, malicious harassment, reckless endangerment, and disorderly place. 3) Violations of PMC Chapter 9.08, personal harassment. 4) Violations of PMC Chapter 9.11, indecent exposure and lewd conduct. 5) Violations of PMC Chapter 9.13, prostitution and related activities. 6) Violations of PMC Chapter 9 .24, firearms and dangerous weapons. 7) Violations of PMC Chapter 9.28, gambling. 8) Violations of PMC Chapter 9.38, offenses involving drugs, or in violation of Chapter 69 .50 RCW and Chapter 69.43 RCW. 5/15/2017 97 9) Violations of RCW 9A.40.100 and RCW 9A.88 .060, human trafficking. 10) Violations of PMC Chapter 8.02.320 and PMC 8.02.330, dangerous or potentially dangerous animals. 11) Violations of PMC Chapter 9.46, criminal mischief. 12) Execution of criminal arrest warrants, search warrants or criminal arrests on the property. 13) Violations of RCW 9.94A, criminal street gang related offenses. B) "Chronic nuisance property" means a premises, structure, or property, including adjacent sidewalks, parking areas and common areas, on which: 1) A single-family residence where three or more nuisance activities described in subsection A) above have occurred on different days during any 180-day period; or 2) A commercial business which: (a) Sells or serves alcoholic beverages where eight (8) or more nuisance activities described in subsection A) above have occurred on different days during any 180-day period; or (b) All other commercial businesses where four (4) or more nuisance activities described in subsection A) above have occurred on different days during any 180 -day period. 3) An industrial property where three or more nuisance activities described in subsection A) above have occurred on different days during any 180-day period . 4) For any type of property where a search warrant or warrant of arrest, or arrest has occurred twice at such property, business location, or per unit of any multi-family residential property within a 12 -month period; or 5) For any multi-family residential property including, but not limited to, apartments, boarding houses, rooming houses, or multi-tenant commercial properties including, but not limited to, hotels and motels having 0.5 or more nuisance activities per unit (occupied or not) having occurred on different days within a 180-day period of time. C) "Person in charge" means any person or entity in actual or constructive possession of the property, including but not limited to an owner as determined by the records of the Franklin County Auditor, lessee, tenant, occupant, agent, or manager with the express or implied control of the property. D) "Responsible official" means the Chief of Police or Director of Community Development, or any applicable department director as defined by PMC 11.02.030(3), or their respective designees. PMC Title 9 5/15/2017 98 9.63 .030 CHRONIC NUISANCE ACTIVITIES -VIOLATION . It is unlawful for any person or entity to permit a chronic nuisance property within the City of Pasco and such person or entity shall be subject to penalties as provided in Section 9.63.090 below. 9.63.040 DETERMINATION OF CHRONIC NUISANCE PROPERTY. A) The Responsible Official shall, upon receipt of notification of the number of police, fire, and code enforcement service calls to a property, in excess of that provided in subsection 9.63.020 above, review official documentation such as police incident reports, notices and orders to correct, warrants and arrest records, and case files to determine if there are sufficient facts and circumstances to establish sufficient cause to find the occurrence of nuisance activities to support a designation of the property as a chronic nuisance property. B) In determining emergency service calls, multiple nuisance activities contained in a single police incident report, or a code violation inspection report shall not be counted as a separate nuisance activity. C) Police incident reports generated by calls to aid victims on the property shall not be used to determine chronic nuisance properties. D) Reports of calls for services by a person in charge shall not be used to determine chronic nuisance properties. 9.63.050 NOTICE OF DETERMINATION OF CHRONIC NUISANCE PROPERTY . When a property is determined to be a chronic nuisance property as defined by this Chapter, the property owner of record and the person in charge of the property shall be served with a Notice of Determination of Chronic Nuisance Property as provided by PMC 11.02.050. The Notice shall be sent by certified mail and first-class mail, personally served, and/or posted upon the property. The Notice shall contain: A) The street address or legal description sufficient for identification of the property. B) A declaration that the property has been determined a chronic nuisance property with a concise description of the nuisance activity that exists or has occurred. C) A notice that the owner or other person in charge of the property is subject to monetary penalties and reimbursement for the cost of emergency services. D) A demand that the owner or other persons in charge immediately abate the chronic nuisance conditions, or respond to the Responsible Official within seven (7) days of service of the notice describing the course of action to be taken to correct the nuisance condition. E) Notice that, if the person in charge does not abate the nuisance or respond as provided in subsection D) above, or if the matter is not voluntarily corrected under a voluntary correction plan as provided in PMC 9.63.070, abatement may be ordered, and the penalties as provided by PMC 9.63.090 shall be imposed. Such Order may be appealed to the City of Pasco Code PMC Title 9 5/15/2017 99 Enforcement Board for an administrative appeal hearing as provided in Chapter 11.04 of the Pasco Municipal Code, which shall conduct the hearing in the manner provided in PMC 11.02.060. Notice of appeal must be filed with the City Clerk within ten (10) days of the date of the notice . 9.63.060 APPEAL HEARING BEFORE THE CODE ENFORCEMENT BOARD. An appeal of the Notice of Determination of Chronic Nuisance Property may be filed with the Code Enforcement Board appealing the determination that a chronic nuisance exists, the original period of abatement, and for the imposition of penalties and remedies as provided in the Notice. 9.63 .070 VOLUNTARY CORRECTION. Any person named in the Notice of Determination of Chronic Nuisance Property may, within, the time permitted within the Notice, enter into a Voluntary Correction Plan as provided in PMC 11.02.040. 9.63.080 ABATEMENT OF CHRONIC NUISANCE OF PROPERTY . The owner or person in charge, upon receipt of the Notice, shall promptly take all reasonable steps as provided in the Notice for the abatement of the nuisance property. Such reasonable steps may include the owner taking all actions and pursuing all remedies, including pursuing the eviction, employment termination, and providing notice of trespass to the person in charge, or persons whose conduct gave rise to the nuisance activity, so long as such actions or remedies are: A) Available to the owner pursuant to any lease, agreement, or remedy at law; and B) Consistent with State and local laws, including, but not limited to RCW 59.18 .580 "Victim protection --Limitation on tenant screening service provider disclosures and landlord's rental decisions." 9.63.090 PENALTIES. A) Any person or entity in violation of this Chapter shall be guilty of a civil infraction and subject to a penalty of up to $1,000 per day from the date of service of the Notice of Determination of Chronic Nuisance Property until the Responsible Official confirms that the property is no longer a chronic nuisance property, in an amount up to $25,000 . B) In the event the owner or person in charge enters into a Vo luntary Correction Agreement pursuant to PMC 11.02.040, the penalty shall be abated during the term of the correction agreement upon demonstrated good faith effort by the owner or person in charge to fulfill the terms of the Voluntary Correction Agreement. The time for completion of the abatement shall be designated in the Voluntary Correction Agreement, but in no event shall exceed ninety (90) days except upon the demonstration of extraordinary circumstances and approved by the City Manager. C) The Responsible Official may order restitution of the costs of the emergency service calls for those service ca lls commencing with the first PMC Title 9 5/15/2017 100 nuisance activity and all subsequent service calls giving rise to the property being deemed a "chronic nuisance " property as provided in PMC 9.63.020(C). Emergency service calls shall include City police, fire, ambulance, and code enforcement services . The Responsible Official shall establish a schedule of standard costs for services to be assessed based on the actual costs of serv ices subject to future change to reflect current costs. 9.63 .100 ADDITIONAL ENFORCEMENT PROCEDURES . Upon issuance of a Notice of Determination of Chronic Nuisance Property as provided in PMC 9.63.050 above, the City Attorney may initiate an action in any Court of competent jurisdiction to abate a chronic nuisance transient accommodation property, to impose penalties pursuant to this Chapter, to seek alternative remedies under City or State laws and seek any other relief authorized by law. 9.63 .110 BURDEN OF PROOF . In an action against a person in charge to abate a chronic nuisance property, or to recover penalties and reimbursements authorized by this Chapter, the City shall have the burden of proof to show, by a preponderance of the evidence, that the property is a chronic nuisance property pursuant to this Chapter. Copies of police incident reports, code enforcements reports and reports of other City departments documenting nuisance activities shall be admissible in such actions. Additionally, evidence of a property's general reputation and the reputation of the person in charge, and parties residing in or frequenting the property shall be admissible in such actions. 9.63.120 ADDITIONAL REMEDIES . A) Upon determination that the property is a chronic nuisance property pursuant to this Chapter, the Responsible Official, Code Enforcement Board or Court, upon appeal, may order any of the following: 1) Order the person in charge to immediately abate nuisance activity from occurring on the property. 2) Order that the Responsible Official shall have the right to inspect the property to determine if the abatement is complete or Code Enforcement Board or Court orders have been complied with. 3) Impose a penalty of up to $1 ,000 per day, up to $25,000, against the person in charge, for each day from the date the notice pursuant to PMC 9.63.050 was issued until the Responsible Official confirms that the property is no longer a chronic nuisance property. 4) Order the property closed and secured against all unauthorized access, use and occupancy for a period up to one year. 5) Issue an Order authorizing the City to physically secure the premises and initiate such closure, and provide that the costs for such closure be paid for by the person in charge of the property. B) Any civil penalty and/or costs assessed against the property may be filed as a lien on the property with the Franklin County Auditor. PMC Title 9 5/15/2017 101 9.63.130 SUSPENSION OR REVOCATION OF BUSINESS LICENSE. In addition to any other remedies that are authorized by this Chapter o r other laws, upon the find ing that a property is a chronic nuisance property pursuant to this Chapter, or has fa iled to pay any penalty, reimbursement, or other costs assessed as a result of the violation of this Chapter, the person in charge is subject to the suspension or revocation of any business or other license issued by the City and required at such property as provided by in PMC 5.04.110 . (Ord . 4289, 2016.) PMC Title 9 5/15/2017 102