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HomeMy WebLinkAbout09072017 Code Enforcement Board Hearing Minutes 09072017 CEB Minutes Page 1 of 7 CODE ENFORCEMENT MINUTES MEETING OF SEPTEMBER 7, 2017 A. CALL TO ORDER Chairperson Speer called the regular meeting of the Code Enforcement Board to order at 7:00 p.m. B. ROLL CALL a. Board Members MEMBERS PRESENT Mary Gutierrez Thomas Granbois Dwayne Speer James Rawlinson MEMBERS ABSENT Daniel Gottschalk C. ADOPTION OF MINUTES: Board Member Gutierrez moved, seconded by Board Member Rawlinson, that the minutes of the August 3, 2017 meeting be approved. The motion carried unanimously. D. DETERMINATION HEARINGS: Chairperson Speer 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. Florian, Cesar, case number CEB2017-1925, for the property located at 703 Polson Ct Troy Hendren, Inspection Services Manager, asked Code Enforcement Officer Martin Barajas to read the case facts into the record. Mr. Barajas indicated that the cited violation on this property was PMC 8.02.190 – Failed to renew 2017 dog license. After review, it was found that this address had not renewed a pet license as of March 1, 2017. A violation of the Pasco Municipal Code was observed and determined to be a third offense. A correction notice was sent on March 25, 2012 but there was never a response. On May 21, 2013 a first offense notice of civil violation was issued and the license was renewed at that time and no penalty was issued. On May 15, 2014 a second offense notice of violation was issued. The license was renewed and they were assesse d a $100 penalty. A third offense notice of civil violation was issued on August 17, 2017 and delivered via certified mail on August 23, 2017. Based on a final review of licensing records completed on August 28, 2017 the property is in compliance at this time and the license has been renewed. The City of Pasco recommended imposing a repeat penalty of $200. Cesar Florian, 703 Polson Court, spoke on behalf of this case. CODE BOARD DECISION: Board Member Rawlinson moved, seconded by Board Member Gutierrez, that the actions taken by the City were appropriate and timely. The motion carried unanimously. 09072017 CEB Minutes Page 2 of 7 Board Member Rawlinson moved, seconded by Board Member Granbois, to impose a repeat penalty of $200. The motion carried unanimously. ii. City of Pasco vs. Schiefelbein, Maria, case number CEB2017-2679, for the property located at 9115 Maple Dr 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 IPMC 302.8 – Inoperative/unlicensed vehicles not being properly disposed of or stored within a fully enclosed building, PMC 25.75.050 (4) – 50% of front yard must be landscaped with live vegetation, PMC 9.56.030, 9.56.040 – All exposed soil must be treated to prevent blowing dust and PMC 9.60.030 – Weeds throughout property need to be removed and lawfully disposed of. The property was inspected on September 27, 2016 and violations of the Pasco Municipal Code were observed and a correction notice was issued on September 29, 2016. On October 7, 2016 the property owner came to the Code Enforcement Division asking for an extension to allow him to lay down sod and work on the property. He was told it could be extended as long as all of the weeds were removed and dust control was maintained at all times. A re-inspection of the property revealed that it was still in violation of the Pasco Municipal Code and a notice of civil violation was issued on August 10, 2017. The property owners were legally notified on August 12, 2017. Based on a final inspection of the property completed on September 7, 2017 the property is not in compliance at this time. The City of Pasco recommended giving the respondent and additional 10 days to abate the violations or pay a daily penalty of $100 per day for 10 days. Joe Martin, 1015 Christopher Lane, spoke on behalf of this case. CODE BOARD DECISION: Board Member Gutierrez moved, seconded by Board Member Rawlinson, that the actions taken by the City were appropriate and timely. The motion carried unanimously. Board Member Gutierrez moved, seconded by Board Member Rawlinson, to give the respondent 6 weeks to abate the property to full compliance but after 6 weeks impose a daily penalty of $100 per day for 10 days if not in compliance. The motion carried unanimously. iii. City of Pasco vs. Navarrete, Mario, case number CEB2017-1925, for the property located at 417 W Lewis St Troy Hendren, Inspection Services Manager, asked Code Enforcement Officer Debra Scott to read the case facts into the record. Ms. Scott indicated that the cited violation on this property was PMC 5.07.020 – Need a special permit to hold a church at this location. The property was inspected on July 17, 2017 and violations of the Pasco Municipal Code were observed and determined to be a repeat violation. In December of 2016 it was observed that a church was meeting at this address at 417 W. Lewis Street without first applying for a permit in the Central Business District. A letter was sent from Rick White, Community & Economic Development Director, on December 9, 2016. On July 24, 2017 a repeat notice of civil violation was issued via certified mail. T he property owners were 09072017 CEB Minutes Page 3 of 7 legally notified on August 26, 2017. Based on a final inspection of the property completed on September 6, 2017 the property is not in compliance at this time. The City of Pasco recommended giving the respondent 10 days to abate the violations or pay a daily penalty of $100 per day for 10 days and imposing a $200 repeat penalty. Mario Navarrete, 417 W. Lewis Street, spoke on behalf of this case. CODE BOARD DECISION: Board Member Granbois moved, seconded by Board Member Gutierrez, that the actions taken by the City were appropriate and timely. The motion carried unanimously. Board Member Gutierrez moved, seconded by Board Member Granbois, to impose a repeat penalty of $200 to be held in abeyance for 6 months and dismissed of no further violations in that time. The motion carried unanimously. iv. City of Pasco vs. Barnes, Dallas & Lozie, case number CEB2017-1288, for the property located at Vacant Lot on S Owen Ave Board Member Gutierrez recused herself from this case. Troy Hendren, Inspection Services Manager, asked Code Enforcement Officer Debra Scott to read the case facts into the record. Ms. Scott indicated that the cited violations on this property were PMC 12.12.080 (b) – Repeat – Wood debris, limb debris and dried weeds over 12” causing a fire hazard and PMC 9.60.030 (16) – Repeat – Weeds causing a fire hazard. The property was inspected on June 6, 2017 and violations of the Pasco Municipal Code were observed and determined to be a repeat violation. A previous correction notice was sent on April 29, 2015. Mr. Barnes cleaned the lot and the case was closed without penalties. On January 4, 2016 a repeat notice of civil violation, case number CEB2016-0002 was issued for a dead hazardous tree, wood debris, limb debris and dry weeds over 12” in height causing a fire hazard. This case went to Code Board and was assessed a repeat penalty. Another repeat notice of civil violation was issued on June 12, 2017 via certified mail. The property owner was given legal notice on June 14, 2017. Based on a final inspection of the property completed on September 6, 2017 the property is in compliance at this time. The City of Pasco recommended imposing a repeat penalty of $200. Dallas Barnes, 1628 W. Marie, spoke on behalf of this case. CODE BOARD DECISION: Board Member Rawlinson moved, seconded by Board Member Granbois, that the actions taken by the City were appropriate and timely. The motion carried unanimously. Board Member Rawlinson moved, seconded by Board Member Granbois, to impose a repeat penalty of $200 to be held in abeyance for 12 months and dismissed of no further violations in that time. The motion carried unanimously. v. City of Pasco vs. Guo, Huan, case number CEB2017-1316, for the property located at 1216 S 12th Ave 09072017 CEB Minutes Page 4 of 7 Troy Hendren, Inspection Services Manager, asked Code Enforcement Officer Debra Scott to read the case facts into the record. Ms. Scott indicated that the cited violation on this property was PMC 9.60.030 (16) – Dry weeds over 12” tall, causing a fire hazard. The property was inspected on June 14, 2017 and violations of the Pasco Municipal Code were observed and determined to be a repeat violation. On June 29, 2016 a correction notice was sent for weeds over 12” causing a fire hazard, case number CEB2016-1889. The property corrected the issue and the case was closed without penalties. A repeat notice of civil violation was issued on June 15, 2017 via certified mail. The property owner was legally notified on June 19, 2017. Based on a final inspection of the property completed on September 6, 2017 the property is in compliance at this time. The City of Pasco recommended imposing a repeat penalty of $200. Huan Guo, 1216 S 12th Avenue, spoke on behalf of this case. CODE BOARD DECISION: Board Member Granbois moved, seconded by Board Member Rawlinson, that the actions taken by the City were appropriate and timely. The motion carried unanimously. Board Member Gutierrez moved, seconded by Board Member Rawlinson, to impose a repeat penalty of $200 to be held in abeyance for 12 months and dismissed of no further violations in that time. The motion carried unanimously. vi. City of Pasco vs. Zag Investments, case number CEB2017-1629, for the property located at 507 N 4th Ave 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 PMC 9.63.020 (B)(4) – Search warrants, warrants for arrest and arrests have occurred more than twice in the las t 12 month period, PMC 9.63.020 (B)(5) – Numerous nuisances have occurred on site in the last 180 days with numerous calls to the Police Department, inspections by Code Enforcement and EMS/Fire Department responses and PMC 9.63.030 – Nuisances occurring on site with violations of PMC chapters 9.06, 9.08, 9.24, 9.38 and 9.46, execution of warrants, search warrants and arrests on the property. The property was inspected on July 21, 2017 and violations to the Pasco Municipal Code were observed. The property is owned by Zag Investments and the main controller of that business is Linda Guo Huan. The Sacajawea Apartments reopened November 9, 2015 after repairs had been completed due to a fire from 2013 which displaced all commercial and residential residents in the building. Nuisance activity began within the first couple of months of the building being occupied. In the first 8 months alone, there were 156 calls or visits by police, 51 of which were involved in nuisance type activities, 5 warrants served and 27 arrests occurring on the property in that timeframe. The nuisance activity has increased greatly over the past year. Starting in December of 2016, Code Enforcement began receiving complaints from residents and police officers regarding the sanitary conditions of the building, potentially illegal activities and housing code violations. During inspections conducted by Ms. Johnson and Inspection Services Manager, Troy Hendren, it was clear that residents were afraid to speak about their issues in their units. One complaint involved bed bugs in a unit on the second floor. The resident stated other 09072017 CEB Minutes Page 5 of 7 apartments had the same issue. At the same time, several residents spoke to Code Enforcement and allowed entry along with the original complaining resident to observe issues in their apartments. On January 24, 2017 after receiving complaints of further issues, Code Enforcement again went to the property to inspect. During this inspection the manager at the time, Marla Rico and the owner, Linda Guo Huan, walked through with staff. Residents including some of those who staff had previously spoken to, opened their doors slightly and stated that there were no issues in their apartments. She received verbal statements from prior residents stating that Ms. Guo had threatened tenants in the past that if they spoke with Code Enforcement. An email was sent to Linda the same day with a list of issues needing co rrection. Ms. Johnson gave her 10 days to correct the issues or to respond with a status of repairs. Ms. Guo responded by thanking Ms. Johnson for a detailed list and reassuring that the issues would be resolved within the next few days and that the City would be notified. Included in the list was graffiti on the chimney near the rear exit door and trash in the recessed area next to this which included numerous empty beer cans and boxes. The graffiti was not removed until May of 2017 and the adjacent ar ea with trash was not fully cleaned out until July 21, 2017. Ms. Johnson stated that she has not returned to the building except to inspect the dumpster and parking areas since that date. On April 28, 2017 Troy Hendren sent Ms. Guo an email informing her of the almost weekly complaints received regarding conditions of the property. In his email he notified her that due to the violations occurring at the property, it could fall into the City of Pasco’s chronic nuisance category and asked her to respond with her thoughts on what actions she would take. On May 7, 2017 Code Enforcement received an email from a Pasco Police Office notifying that while they were on the property investigating a burglary report, the only elevator was not operable. An officer had attempted to use the north stairwell but all of the door handles had been removed so no one could exit the stairwell once inside. After inspecting the property, Ms. Guo was notified by Troy Hendren of the issues of severe life and safety egress hazards created by management for the occupants. In addition, this action would have inhibited the efforts of police officers and emergency responders in the building. On May 29, 2017 Code Enforcement received another complaint from another Pasco Police Officer stating that the manager, Marla Rico, had just been fired for allegedly embezzling thousands of dollars. The building was also found to be insanity with the officers feet sticking to the floors. A resident and stated that people from the 6 th floor were throwing urine and feces down the stairwells. Code Officer Debbie Scott and Ms. Johnson inspected the building late that date due to the complaint. Along one of the stairways they met Nora, the building cleaner, but there were still strong smells of urine in areas of the floors and walls which appeared to be feces. On June 5, 2017 Troy Hendren and Ms. Johnson returned to the property to follow up on the sanitary issues. During the inspection, they found areas with a strong smell of urine and puddles of yellow liquid throughout the stairwells and basement. A room in the rear of the basement was open which had a makeshift bed, personal belongings, food and graffiti. It was clear that someone had been living there. Four days later on June 9, 2017 while conducting a progress inspection for another code case with Troy Hendren and Ms. Guo, the belongings were still in the basement room. She stated that the man and woman who had been there had trespassed and would make sure that all of the items were removed from the room and secured. On June 28, 2017 Code Enforcement received another complaint about bugs in units. There was overflowing trash and people were living in the commercial unit on the first floor which did not have proper egress. On June 29, 2017 Code Enforcement conducted a compliance inspection with Ms. Guo. She notified staff that her housekeeper cleans the entire building and someone from her staff removed graffiti daily so anything found must have been from that same day. Ms. Guo admitted that it is very difficult to keep the building clean, free of debris and graffiti. Staff expects that there will always be a small number of issues at apartment buildings as large as the Sacajawea Apartments., with 62 dwelling units and commercial units on the ground floor. However, in this case, there is clearly a disregard on the owner’s part to 09072017 CEB Minutes Page 6 of 7 eliminate or prohibit the factors that contribute to the insanitary nuisance conditions on the property. After having reviewed the police activity over the pre vious 6 months, on July 21, 2017 the Community & Economic Development Director, Rick White, mailed a chronic nuisance warning letter to the owner of the Sacajawea Apartments. The owner’s were notified that a notice of civil violation chronic nuisance determination notice would be sent if their building or property was determined to be a chronic nuisance after reassessment at the end of July. The property was determined to be a chronic nuisance property due to the high level of code enforcement complaints and police activity, along with 4 other properties in Pasco. A notice of civil violation determination of chronic nuisance property was sent via certified mail on August 3, 2017 and by process service on August 4, 2017 to all property owners of chronic nuisance properties. The owners were encouraged to set up a meeting to discuss the issues with Rick White, Troy Hendren and Police Chief Metzger. The owners signed voluntary correction agreements acknowledging issues on the property and stating that they would take appropriate action eliminating the nuisance activity within the time provided. Staff has received updates on these properties as time has passed since the August 10th meeting. Ms. Guo was the only owner who did not agree with the determination and did not sign a voluntary correction agreement. Following her meeting with Mr. White, Mr. Hendren and Chief Metzger she filed an appeal to be heard in front of the Code Enforcement Board. The chronic nuisance determination was based on nuisance activity as defined in PMC 9.63.020 (a) (b). A chronic nuisance property means a structure or property including adjacent sidewalks, parking areas and common areas on which for any multi-family property, having more than 2 search warrants, warrants for arrests or arrests occurring within a 12 month period and are having .5 or more nuisance activities per unit, occupied or not having occurred on different days within a 180 day period of time. The determination notice was sent based on a timeframe of July 20, 2016-July 21, 2017 for search warrants, warrants and arrests and a timeframe of January 21, 2016-July 21, 2017 for nuisance activity on the property. During the applicable timeframes, there were 4 code enforcement complaints by residents, 10 code enforcement inspections, 6 EMS/fire responses, 59 nuisance activities, 60 arrests and 11 warrants. There are 62 residential units. This equates to nearly nuisance activity per unit and 1 arrests or warrant per unit in the determination timeframe. From July 21, 2017 to September 6, 2017 there have been 26 calls to police, 8 of which were nuisance calls and 5 arrests. Pasco Police Officer Trever Sweeney spoke and was available to answer questions regarding the property. The City of Pasco recommended giving the respondent 10 days to abate violations or sign a voluntary correction agreement or pay a daily penalty of $1,000 per day up to a total penalty of $25,000 until all violations have been corrected. Linda & Zhi Guo Huan, 12910 SE 44th Court, Bellevue, WA, spoke on behalf of this case. CODE BOARD DECISION: Board Member Granbois moved, seconded by Board Member Gutierrez, that the actions taken by the City were appropriate and timely. The motion carried unanimously. Board Member Rawlinson moved, seconded by Board Member Gutierrez, to give the respondent 10 days to abate violations or sign a voluntary correction agreement or pay a daily penalty of 09072017 CEB Minutes Page 7 of 7 $1,000 per day up to a total penalty of $25,000 until all violations have been correc ted.. The motion carried unanimously. b. Amendments i. City of Pasco vs. Barajas, Jose, case number CEB2017-1620, for the property located at 303 S Hugo Ave ii. City of Pasco vs. Khamphoumy, Thonghkham, case number CEB2017-0485, for the property located at 903 Lincoln Dr c. Dismissals d. Motion Board Member Rawlinson made a motion to approving Resolution No. 2017-009, Board Member Granbois 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 adjourn ed at 10:27 p.m. ______________________________________ Krystle Shanks, Administrative Assistant II Community & Economic Development