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HomeMy WebLinkAbout07062017 Code Enforcement Board Hearing Minutes 07062017 CEB Minutes Page 1 of 7 CODE ENFORCEMENT MINUTES MEETING OF July 6, 2017 A. CALL TO ORDER Chairperson 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 James Rawlinson Dwayne Speer MEMBERS ABSENT Mary Gutierrez Thomas Granbois C. ADOPTION OF MINUTES: Board Member Rawlinson moved, seconded by Board Member Speer, that the minutes of the June 1, 2017 meeting be approved. The motion carried unanimously. D. DETERMINATION HEARINGS: Chairperson Gottschalk 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. Lovejoy, Burt & Rachel, case number CEB2017-0554, for the property located at 1118 W Yakima Street Troy Hendren, Inspection Services Manager, asked Code Enforcement Officer Rosanna Johnson to read the case facts into the record. Ms. Johnson indicated that the cited violations on this property were IPMC 108.1.4 – Storage shed attached to the property occupied as a sleeping room, IPMC 305.3 – Kitchen ventilation fan was not cleaned when they moved in ad drips grease and damaged window sills due to moisture through the unit and the bathroom ceiling paint is peeling and has mold and mildew, IPMC 305.4 – Kitchen floor and subfloor are in disrepair, subfloor at entrance in laundry room is exposed and damaged, stairs , ramp, landing, porch, deck and/or other walking surface is damaged or in disrepair, IPMC 504.1 – Bathroom faucet does not properly function, IPMC 602.3 - Bathroom heater is inoperable, bedroom heater does not have a knob, bathroom heater inoperable, IPMC 605.1 – Kitchen light fixture does not function properly, refrigerator leaks, 3 of 4 stovetop burners are inoperable, laundry room outlet inoperable, light fixture bulbs hanging from wires, IPMC 605.2 – Laundry room light switch and conduit box covers are missing, PMC 16.04.010 – No permit for replacing windows, PMC 5.78.010 – A rental license is required for this property and PMC 5.78.020 – Inspection of all units, storage rooms and common areas is required. The property was inspected on January 5, 2017 in response to complaints received by residents of the property. Violations of the Pasco Municipal Code were observed and a rental inspection report was mailed to the property owner on January 5, 2017. On May 11, 2017 a phone call was received from the property manager, Melissa Monterey at Selske & Associates, stating that they 07062017 CEB Minutes Page 2 of 7 have had issues accessing the units since they did not receive keys. Ms. Johnson explained that she could not grant any extensions for inspections since it had already been 4 months since the initial notice was sent. Per Melissa, the owner never received the inspection report or notice requiring a rental license. She was waiting for approval to change the locks and would contact Ms. Johnson to schedule the inspection by May 15, 2017. No follow up response was received so a civil violation was issued on May 22, 2017. The property owner was legally notified via certified mail on May 26, 2017. On June 1, 2017 a re-inspection was scheduled with Ms. Monterey for June 8, 2017. During the inspection, no corrections were observed except that the shed in the rear was no longer occupied. She did not have access to unit 1118 but it was vacant at that time and no follow up inspection has been scheduled since. Based on a final inspection of the property, completed on July 5, 2017, the property is not in compliance with the Pasco Municipal Code at this time. The City of Pasco recommended giving the respondent 10 additional days to abate the violations or pay a daily penalty of $100 per day for 10 days. Melissa Monterey, 785 Canyon Street, Apt. 85, Richland, WA, spoke on behalf of this case. CODE BOARD DECISION: Board Member Speer moved, seconded by Board Member Rawlinson, that the actions taken by the City were appropriate and timely. The motion carried unanimously. Board Member Rawlinson moved, seconded by Board Member Speer, to give the respondent 10 days to abate any remaining violations or pay a daily penalty of $100 per day for 10 days. The motion carried unanimously. ii. City of Pasco vs. Cardinal Oak LLC, case number CEB2017-0563, for the property located at 624 W Yakima Street Troy Hendren, Inspection Services Manager, asked Code Enforcement Officer Rosanna Johnson to read the case facts into the record. Ms. Johnson indicated that the cited violations on this property were IPMC 304.13 – Broken window in laundry room accessible by residents and the public, IPMC 305.3 – Water damage on ceilings throughout units 201, 202 and 203 that has not been repaired and these areas have mold and mildew which has not been removed, IPMC 308.1 – Garbage, litter and debris throughout rear of property and around dumpster area, IPMC 402.2 – Common area walkway lights are not operable, IPMC 403.2 – Bath fan is inoperable, IPMC 403.5 – Plastic bags, sagging corrugated piping and duct tape are not approved materials for repairs of exhaust lines on dryers in laundry room, IPMC 504.1 – Kitchen faucet leaking, IPMC 605.2 – GFCI outlets are not installed as required, IPMC 704.2 – Smoke detector missing in bedroom, carbon monoxide detector required outside of the sleeping rooms, NFPA 10.6.1.3.3 – Fire extinguishers have not been serviced as required and are not charged and PMC 5.78.020 – A re-inspections was required to be scheduled by 2/26/17 but there has not been a response or follow up to the inspection report. The biennial rental inspection was completed on January 26, 2017 and multiple violations were observed which prompted a required re-inspection with a follow up date of February 26, 2017. No follow up was received regarding the inspection. A resident complaint was received on May 11, 2017, stating that the ceiling in their unit still had not been repaired after the roof leaks this past winter. After inspecting the property and verifying there were issues from the regular 07062017 CEB Minutes Page 3 of 7 inspection that had not been corrected, a notice of civil violation was issued on May 12, 2017. The property owner was legally notified via certified mail on May 25, 2017. The owner called the Code Enforcement Office on May 17, 2017 to confirm he received the notice and assured that all items would be corrected by the compliance date of May 30, 2017. He advised that staff could follow up with him or the management company, Selske & Associates. The property manager, Melissa Monterey, contacted Ms. Johnson on May 25, 2017 by email stating that repairs were actively being made and the last item was scheduled to be completed by June 5, 2017. An inspection of all units and common areas was scheduled for June 8, 2017 to verify corrections. The Code Board Hearing for this case was continued to July 6, 2017. Upon inspection on June 8, 2017, violations still existed on the property. As of July 5, 2017 no follow up inspection was scheduled. Based on a final inspection of the property, completed on July 5, 2017 the property is not in compliance at this time. The City of Pasco recommended giving the respondent 10 additional days to abate the violations or pay a daily penalty of $100 per day for 10 days. Melissa Monterey, 785 Canyon Street, Apt. 85, Richland, WA, spoke on behalf of this case. CODE BOARD DECISION: Board Member Rawlinson moved, seconded by Board Member Speer, that the actions taken by the City were appropriate and timely. The motion carried unanimously. Board Member Rawlinson moved, seconded by Board Member Speer, to give the respondent 10 days to abate any remaining violations or pay a daily penalty of $100 per day for 10 days. The motion carried unanimously. iii. City of Pasco vs. Rent A Center Inc, case number CEB2017-1066, for the property located at 2403 W Court Street Troy Hendren, Inspection Services Manager, asked Code Enforcement Officer Alonso Torres to read the case facts into the record. Mr. Torres indicated that the cited violations on this property were PMC 12.12.080(a) – Overgrown shrubs obstructing the sidewalk, PMC 25.75.110(1) – Failure to maintain required landscaped areas with healthy living vegetation, PMC 9.60.030(15) – Dead vegetation must be restored or replaced and PMC 9.60.030(16) – Noxious weeds throughout landscaped areas. The property was inspected on May 25, 2017 and violations of the Pasco Municipal Code were observed and determined to be repeat violations. A correction notice was sent on April 20, 2016 with no compliance by the deadline. A notice of civil violation was issued May 16, 2016. A determination and order was sent July 13, 2016 siting all violations that needed to be corrected within 10 days or a daily penalty of $50 per day for 10 days would be imposed. A penalty notification was sent on October 31, 2016 stating the daily penalty would start November 3, 2017 and then November 12, 2017 if violations were not corrected a daily penalty of $500 was imposed. A repeat notice of civil violation was issued May 25, 2017 via certified mail and the property owners were legally notified on June 2, 2017. Based on a final inspection of the property completed on July 6, 2017 the property is not in compliance at this time. The City of Pasco recommended giving the respondent 10 additional days to abate the violations or pay a daily penalty of $100 per day for 10 days and imposing a repeat penalty of $200. 07062017 CEB Minutes Page 4 of 7 David Alto, 5501 W. 23rd Avenue, Kennewick, WA spoke on behalf of this case. CODE BOARD DECISION: Board Member Speer moved, seconded by Board Member Rawlinson, that the actions taken by the City were appropriate and timely. The motion carried unanimously. Board Member Rawlinson moved, seconded by Board Member Speer, to give the respondent 10 days to abate any remaining violations or pay a daily penalty of $100 per day for 10 days and impose a $200 repeat penalty to be held in abeyance for 12 months and dropped if no further violations in that time. The motion carried unanimously. iv. City of Pasco vs. Tovar, Jose, case number CEB2017-1070, for the property located at 4020 W Opal Street Troy Hendren, Inspection Services Manager, asked Code Enforcement Officer Alonso Torres to read the case facts into the record. Mr. Torres indicated that the cited violations on this property were PMC 8.02.190 – All dogs are required to be licensed with the City of Pasco (Chihuahua) and PMC 8.02.340 – Dogs on site barking in excess of 5 minutes creating a nuisance to the neighborhood. Barking dog logs were received against this property and violations of the Pasco Municipal Code were determined to be repeat violations. Previous notice was sent on January 12, 2016 for allowing dogs to bark in excess of 5 minutes. The case was heard at a code board hearing on February 4, 2016 and determined that that the dog owner be assessed a repeat penalty of $25 and be held in abeyance for 1 year and be dismissed if no further violations occur. The first barking log was submitted May 7, 2017 which was beyond the 1 year timeframe for assessing the repeat penalty from the 2016 case. A total of 9 barking logs have been submitted spanning 18 days and all times reported were in excess of 5 minutes of continuous barking. On May 17, 2017 a police officer was called to this property for a noise complaint of a barking dog. The officer arrived at the property at 11:59 a.m. and left the property at 12:13 p.m. Report reads, “Barking dog at location.” The report was then sent to Mr. Torres. A repeat notice of civil violation was issued on May 26, 2017. On June 1, 2017 Mr. Tovar called Mr. Torres and stated that his dogs had bark collars and would make sure they do not bark excessively. He stated that the unlicensed third dog was his mothers and would only be at the property when she was visiting. Mr. Torres drove by the property on the following dates and no barking was heard: June 1, 2017 Mr. Torres, June 8, 2017, June 9, 2017, June 14, 2017, June 22, 2017, June 24, 2017, June 29, 2017 and July 5, 2017. Based on a final inspection of the property on July 5, 2017 the property is in compliance at this time. The City of Pasco recommended imposing a repeat penalty of $200. Jose Tovar, 402 W. Opal Street, spoke on behalf of this case. CODE BOARD DECISION: Board Member Speer moved, seconded by Board Member Rawlinson, that the actions taken by the City were appropriate and timely. The motion failed 2 to 1 with Chairman Gottschalk dissenting. The case was dismissed without penalties. 07062017 CEB Minutes Page 5 of 7 v. City of Pasco vs. Bastian, Mercedes, case number CEB2017-1265, 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 cited violations on this property were PMC 25.66.020 – Unpermitted home occupation of auto repair and auto body work at this location, PMC 25.70.150(2)(a-d) – Inoperable and damaged vehicle storage on city right of way, driveway and rear yard, PMC 25.78.030(2) – Vehicle repair/storage in driveway and rear yard, PMC 9.60.030(9) – Vehicle parts stored at this location and PMC 9.62.050(a) – Junk vehicle storage and vehicle parts stored in the rear yard. The property was inspected on June 7, 2017 and violations of the Pasco Municipal Code were observed and determined to be a 5th repeat violation. In November 2014 complaints were received and a repeat case was open for auto scraping and auto repair at this location. The notice was written for vehicle repair, repair items in the driveway, storage of parts and tires on the property. The case went to the Code Board on February 5, 2015 as a repeat notice of civil violation and was assessed penalties of $400 which was held in abeyance for a year pending no further 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 2nd repeat notice of civil violation. Bryan Bastian appeared and stated his case. The Board dismissed this case for lack of evidence. On January 26, 2016 a 2nd repeat notice of civil violation was sent for inoperable vehicles stored in a city right of way, vehicle parts stored and located in public view, auto repair/body work in the drive way, front yard, landscaping and weeds. The property was not in compliance for the hearing and nobody made an appointment to speak at the Code Board Hearing so a repeat penalty of $400 was assessed and daily penalties of $4,000 were held in abeyance. A 3rd repeat notice of civil violation was on October 26, 2016 for unpermitted home occupation, auto repair and body work, inoperable vehicles stored in the city right of way, vehicle parts stored and located in public view and auto repair and body work in the driveway. The property was not in compliance before or after the hearing, no one made an appointment to speak at the Code Board Hearing so a repeat penalty of $600 was assessed and the daily penalty of $3,000 was assessed. A 4th repeat notice of civil violation was issued on January 31, 2017. Mercedes & Bryan Bastian appeared before the Board violations of the Pasco Municipal Code were found. The Code Board assessed a repeat penalty of $800 and the daily penalty of $4,000. Mr. Hendren and Ms. Scott did an inspection of this property and found that it had been brought into compliance and the daily penalty was not assessed. Bryan and Mercedes were present at the inspection and it was stated to both that the property needed to remain clean and no further auto repairs were to be done and they both agreed that it would not happen again. On June 8, 2017 a 5th repeat notice of civil violation was sent and the property owner was legally notified on June 10, 2017. Ms. Scott gave a brief history of this property and how it became a problem and how multiple complaints were received. The City of Pasco recommended giving the respondent 10 additional days to abate the violations or pay a daily penalty of $500 per day for 10 days and imposing a repeat penalty of $1,000. Bryan Bastian, 623 N. 19th Avenue, spoke on behalf of this case. 07062017 CEB Minutes Page 6 of 7 Mercedes Bastian, 1944 W. Marie, spoke on behalf of this case. CODE BOARD DECISION: Board Member Rawlinson moved, seconded by Board Member Speer, that the actions taken by the City were appropriate and timely. The motion carried unanimously. Board Member Speer moved, seconded by Board Member Rawlinson, to give the respondent 10 additional days to abate the violations or pay a daily penalty of $500 per day for 10 days and imposing a repeat penalty of $1,000. The motion carried unanimously. vi. City of Pasco vs. Woo’s Corporation, case number CEB2017-1305, for the property located at 414 W Columbia Street Troy Hendren, Inspection Services Manager, asked Code Enforcement Officer Rosanna Johnson to read the case facts into the record. Ms. Johnson indicated that the cited violations on this property were IPMC 305.3 – Room furniture is being used/stored outside and is not maintained in good condition, IPMC 309.1 – Guests reported bedbug infestation in several units and bites were observed on an occupant’s arm on a 1st floor room, IPMC 702.1 – Units are overcrowded with persons and belongings creating an obstructed emergency egress path, PMC 5.04.057(c) - Allowing possible illegal activities to occur on site and allowing conditions to exist which pose a hazard to guests of the motel and nearby businesses, PMC 5.78.010 – Renting motel rooms on a long term basis as apartments without a City of Pasco rental license, PMC 5.78.020 – A passing habitability inspection report must be submitted for all units occupied as long term rentals, PMC 9.60.020(4) - Unit is overcrowded and occupied by more than the allowable number of persons per WAC 246-360-090 (8 adults in a 2 bed single room currently but needs to be only 2 adults per bed in a room). After receiving complaints of overcrowding and long-term rentals at this motel, this property was inspected on June 12, 2017 and violations of the Pasco Municipal Code were observed and determined to be repeat violations. On June 13, 2016 a notice of civil violation was issued for overcrowding rooms, obstructed emergency egress, illegal activities, renting of motel rooms as long-term rental dwelling units and numerous housing and safety codes. A repeat penalty of $200 and a daily penalty of $300 was assessed and the case was code in compliance on December 8, 2016. Mr. Song Hwang was notified on June 12, 2017 after the inspection that the units were overcrowded and that he was again in violation of the zoning codes for his property by renting the motel rooms as long-term dwelling units. A repeat notice of civil violation was issued on June 13, 2017. The notice was hand delivered to the property owner, Mr. Song Hwang that day and he was advised to correct the overcrowding, the obstructed egress walkways immediately. He stated that he was unaware of the number of people in each room. On June 15, 2017 an inspection was conducted and numerous health and safety violations were observed. Mr. Song Hwang was given a detailed list of violations by room number and a compliance date of June 30, 2017. On June 30, 2017 Mr. Song Hwang requested an extension for the repairs. Ms. Johnson said that she explained to him that she would need to conduct a re-inspection but would have to appear at the hearing regardless to request the re-inspection for this case. A follow up inspection was conducted on July 5, 2017. While some repairs had been made there were still many repairs to be made in occupied rooms and occupied rooms were still being used on a long-term basis. Based on a final inspection of the property completed on July 5, 2017 the property is not in compliance at this time. 07062017 CEB Minutes Page 7 of 7 The City of Pasco recommended giving the respondent 10 additional days to abate the violations or pay a daily penalty of $200 per day for 10 days and imposing a repeat penalty of $200. Mike Song Hwang, 414 W. Columbia Street, spoke on behalf of this case. CODE BOARD DECISION: Board Member Rawlinson moved, seconded by Board Member Speer, that the actions taken by the City were appropriate and timely. The motion carried unanimously. Board Member Speer moved, seconded by Board Member Rawlinson, to give the respondent 10 additional days to abate the violations or pay a daily penalty of $200 per day for 10 days and imposing a repeat penalty of $200. The motion carried unanimously. b. Amendments c. Dismissals d. Motion Board Member Rawlinson made a motion to approving Resolution No. 2017-006, Board Member Speer seconded. The motion carried unanimously. E. STAFF REPORT AND OTHER BUSINESS: Troy Hendren, Inspection Services Manager, welcomed Board Member Dwayne Speer back to the Code Enforcement Board. F. ADJOURNMENT There being no further business before the Pasco Code Enforcement Board, the meeting was adjourned at 8:34 p.m. ______________________________________ Krystle Shanks, Administrative Assistant II Community & Economic Development