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HomeMy WebLinkAbout10052017 Code Enforcement Board Hearing MinutesA. CALL TO ORDER CODE ENFORCEMENT MINUTES MEETING OF OCTOBER 5, 2017 Chairperson Gottschalk called the regular meeting of the Code Enforcement Board to order at 7 :00 p.m. B. ROLLCALL a. Board Members MEMBERS PRESENT Daniel Gottschalk Mary Gutierrez Thomas Granbois Dwayne Speer James Rawlinson C. ADOPTION OF MINUTES: MEMBERS ABSENT Board Member Gutierrez moved , seconded by Board Member Rawlinson, that the minutes of the September 7, 20 17 meeting be approved. The motion carried unanimously. D . DETERMINATION HEARINGS: Chairperson Gottschalk explained the procedure and purpose for the meeting, noting that t he City of Pasco was the Petitioner and property owners and their authorized representatives who had appeared to discuss the alleged vio lations of the Pasco Municipal Code were the Respondents. a . Hearings i. City of Pasco vs. Atkinson, Michael & Jonette, case number CEB2017-1543, for the property located at 317 W Bonneville Street 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 5.78 .010 -No active rental license on file for entire year of 2017 and PMC 5.78.020-No current rental in spection on file for this rental property. The property was found to have been purchased by a new owner, Michael Atkinson of Atkinson Staffing and was occupied by persons other than the owner. No rental license or rental in spection was on file with the City of Pasco . Failure to obtain a rental license is a vio lation of the Pasco Municipal Code and a correction notice was issued on July 24, 2017. A re-inspection of th e rental license database revealed that the property was still in violation of the Pasco Municipal Code and a notice of civil violation was i ssued on August 14 , 2017. The property owners were legally notified via certified mail on August 16, 2017. Based on a final inspection of the rental in spection database completed on October 5 , 2017 the property is not in compliance at this time . They do not have a rental license nor do they have a rental li cense inspection. The City of Pasco recommended giving the re spondent and additional 10 days to abate the v iol ations or pay a daily penalty of $50 per day for I 0 days . Andrew Zehrung, 1144 Helena Street, Richland, spoke on behalf of this case as Mr. Atkinson 's attorney . 10052017 CEB Minutes Page 1of5 CODE BOARD DECISION: Board Member Gutierrez moved, seconded by Board Member Granbois, that the actions taken by the City were appropriate and timely. The motion carried with Board Member Speer dissenting. Board Member Rawlinson moved, seconded by Board Member Gutierrez, to give the respondent 10 days to abate the property or pay a daily penalty of $50 per day for 10 days if not in compliance. The motion carried with Board Member Speer abstaining. ii. City of Pasco vs. Bradley, Ronald & Beverly Jean, case number CEB2017-1627, for the property located at 1124 E Columbia Street 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 25.52.020 -Repeat Property in I-1 Zone being used as a junk yard (only permitted in an 1-2 Zone), PMC 9 .60.020(3) -3rd Repeat for Obstruction of City right-of-ways and PMC 9.60.030(12) -City right-of-way being used to store wrecked and worn out vehicles. The property was inspected on August 2 , 2017. Violations of the Pasco Municipal Code were observed and determined to be a third repeat violation. On November 2, 2015 a correction notice was sent for having junk yard in an 1-1 zone. Bradley 's Towing and Repair corrected the issue on December 7, 2015 and the case was closed. On June 27, 2016 a repeat notice of civil violation was sent to Ronald and Beverly Bradley doing business as Bradley's Towing and Repair and for property in an 1-1 zone again being used as a junk yard for storage and dismantling for junk vehicles, obstruction of City right-of-ways, vehicles obstructing access to neighboring properties, failed fire safety inspection, no permit for spray booth and illegal spray painting. Bradley was scheduled to appear for that hearing but chose to pay the $200 repeat penalty. On April 14, 2017 a second repeat notice of civil violation was sent to Ronald and Beverley Bradley doing business as Bradley 's Towing and Repair for obstruction of City right-of-ways, and the C it y right-of-ways being used to store wrecked and worn out vehicles. The Bradley's did not chose to appear at that case and were assessed a $400 repeat penalty and were given 10 days to correct the issues. The i ssues were corrected. A third repeat notice of civil violation was issued on August 4, 2017 via certified mail. The property owners were legally notified on August 5, 2017 of the conditions which were a third repeat of the Pasco Municipal Code. The property is not in compliance at this time. The City of Pasco recommended giving the respondent I 0 days to abate the violations or pay a daily penalty of $300 per day for I 0 days and imposing a $600 repeat penalty. Mathew Bradley, 1124 E. Columbia, spoke on behalf of this case as the new manager of this business . CODE BOARD DECISION: Board Member Rawlinson moved, seconded by Board Member Gutierrez, that the actions taken by the City were appropriate and timely. T he motion carried unanimously. Board Member Speer moved , seconded by Board Member Rawlinson, to give the respondent 20 days to abate the remaining violations or pay a daily penalty of $500 per day for I 0 days. The motion carried unanimously. 111. City of Pasco vs. Garza, Fernando, case number CEB2017-1705, for the property located at 1804 W Nixon Street Troy Hendren, Inspection Services Manager, asked Code Enforcement Officer Abel Corona to read the case facts into the record. 10052017 CEB Minutes Page 2of5 Mr. Corona indicated that the cited violation on this property was PMC 8.02.190 -Failed to renew 2017 dog license. An inspection of the dog licensing database revealed a violation of the Pasco Municipal Code. As of March 1, 2017 it was determined to be a second offense violation. A previous notice was sent on April 29, 2013. A second offense notice of civil violation was issued on August 17 , 2017 via certified mail. The property owner was legally notified on August 23, 2017. Based on a final review of the database, the property is in compliance as of 4:30 p.m., October 5, 2017. In 2011 a correction notice was sent to the property owner and later a notice of civil of violation and then the license was renewed and no penalties were assessed. In 2013 a first offense notice of civil violation was sent and the license was renewed and no penalties were assessed. The City of Pasco recommended imposing a second offense penalty of $100 . Fernando Garza, 1804 W. Nixon 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 Speer moved, seconded by Board Member Rawlinson , to impose a repeat penalty of $100 to be held in abeyance for 12 months and dismissed of no further violations in that time. The motion carried unanimously. 1v. City of Pasco vs. Hernandez, Maria & Montes, Angel, case number CEB2017-1851, for the property located at 517 S Beech Avenue 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 201 7 dog license. An inspection of the database revealed a violation of the Pasco Municipal Code as of March 1, 201 7 and was determined to be a third offense violation. Previous notices were sent on June I, 2011, July 30, 2013, February 6, 2014 and June 17, 2015 for the same violation. A third offense notice of civil violation was issued on August 10, 2017. The property owners were legally notified on September 15, 2017. Based on final review of the database the property is in compliance at this time. The dog license was renewed on August 16, 2017. The City of Pasco recommended imposing a repeat penalty of $200. Jose Montes, 517 S. Beech Avenue, spoke on behalf of this case for his father. 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 impose a repeat penalty of $200. The motion carried with Board Member Gottschalk dissenting. v. City of Pasco vs . Zarndt, Delia & Keith, case number CEB2017-1917, for the property located at 6516 Ruth Drive Troy Hendren, Inspection Services Manager, asked Code Enforcement Officer Martin Barajas to read the case facts into the record. 10052017 CEB Minutes Page 3 of 5 Mr. Barajas indicated that the cited violation on this property was PMC 8.02.190 -Failed to renew 20 I 7 dog license. A review of the dog licensing database on March I, 20 I 7 revealed a violation to the Pasco Municipal Code that wa s observed and determined to be a second offense v iolation. Previous notices were sent on Jul y 2, 2010 , April 28, 2011 , May 22, 20 13 and April 22, 2014. Code Enforcement Officer, Abel Corona, visited the property on July 18 , 2017 and spoke with Mr. Zamdt regarding the expired license and at that time he told Mr. Corona that he would come in and renew the pet license. On August 17, 20 I 7 a second offense notice of civil violation was issued and the property owners were legally notified on August 29, 2017 via certified mail. The City of Pasco recommended giving the respondent 10 additional day s to abate the violation or pay a daily penalty of $100 per day for 10 days and imposing a repeat penalty of $100. Keith Zamdt, 6516 Ruth Drive, 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 . Board Member Rawlinso n moved, seconded by Board Member Gutierrez, to give the res pondent 10 days to abate the v iolation or they shall pay a penalty of $100 per day for 10 days and impose a repeat penalty of $100 to be held in abeyance for 12 months and dismissed of no further violations in that time. The motion carried un ani mou sly. vi. City of Pasco vs. Martinez, Maria, case number CEB2017-1929, for the property located at 719 WYakima Troy Hendren, Inspection Services Manager, asked Code Enforcement Officer Martin Barajas to read the case facts into the record . Mr. B arajas indicated that the cited vio lation on thi s property was PMC 8 .02.190 -Failed to renew 201 7 dog license. An inspecti on of the dog canvassing database on March 1, 2017 revealed a vio lation of the Pasco Municipal Code and was determined to b e a third offense violation. Previous notices were sent on March 25 , 2012, October 14 , 2013 and May 26, 20 15 . A third offense notice of civil violation was iss ued on August 18, 2017 and the property owners were legally notified on August 24, 2017 via certified mail. Based on a fmal inspection of the property completed on August 29, 2017 it is in compliance at thi s time as the license was renewed on August 25, 20 I 7. The City of Pasco recommended imposing a r epeat penalty of $200. Maria Martinez, 719 W. Yakima 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 unanimous ly . Board Member Gutierrez moved, seconded by Board Member Speer, 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 unanimou sly. vii . Citv of Pasco vs. Kennelly, Edward & Elizabeth, case number CEB2017-1955, for the propertv located at 8219 W Ruby Street 10052017 CEB Minutes Page 4of5 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. An inspection of the dog canvassing database on March 1, 2017 revealed a violation of the Pasco Municipal Code and was determined to be a second offense violation. Previous notices were sent on April 28 , 2011 and May 27, 2015. A second offense notice of civil violation was issued on August 22, 2017 and the property owners were legally notified on August 25, 2015 via certified mail. Based on a final inspection of the property completed on August 30, 2017 the property is in compliance as the license was renewed on August 30, 2017. The City of Pasco recommended imposing a repeat penalty of $100. Edward Kennelly, 8219 W. Ruby Street, 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 Rawlinson moved , seconded by Board Member Gutierrez , to impose a repeat penalty of $100 to be held in abeyance for 12 months and dismissed of no further violations in that time. The motion carried unanimously. b . Amendments t. City of Pasco vs. Willis, Craig, case number CEB2017-1329, for the property located at 1524 N 16 1h Avenue c . Dismissals d. Motion Board Member Speer made a motion to approving Resolution No. 2017-010, Board Member Rawlinson seconded. The motion carried unanimously. E. STAFF REPORT AND OTHER BUSINESS: F. ADJOURNMENT There being no further business before the Pasco Code Enforcement Board, the meeting was adjourned at 8:47 p.m. v _A-LA ~~ PR ~l\w KrystleShirlks, Administrative Assistant II Community & Economic Development 10052017 CEB Minutes Page 5of5