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HomeMy WebLinkAbout01042018 Code Enforcement Board Hearing Minutes 01042018 CEB Minutes Page 1 of 5 CODE ENFORCEMENT MINUTES MEETING OF JANUARY 4, 2018 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 Mary Gutierrez Dwayne Speer James Rawlinson MEMBERS ABSENT Thomas Granbois C. ADOPTION OF MINUTES: Board Member Gutierrez moved, seconded by Board Member Rawlinson, that the minutes of the October 5, 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. Shepherd, Bruce & Deanna, case number CEB2017-2101, for the property located at 715 W Yakima St 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 25.69.040(1) – Occupation of recreational vehicle, PMC 25.69.040(3) – Recreational vehicle being used as a permanent abode, PMC 9.60.020(3) – Obstruction of City right of way, PMC 9.60.030(10) – Excess number of boxes stored in front yard, PMC 9.60.030(12) – Side & Rear yard being used as a junkyard to store inoperable vehicles and PMC 9.60.030(6) – Property is littered with household furniture, miscellaneous debris and garbage. The property was inspected on August 29, 2017. Violations to the Pasco Municipal Code were observed and determined to be repeat violations. A correction notice was sent on November 16, 2015, case number CEB2015-3308, for accumulation of trash, litter and debris on this property. The case was closed as in compliance on December 2, 2015. On August 29, 2017 a repeat notice of civil violation was issued. The property owner, Mr. Shepard, was legally notified on September 21, 2017 of the conditions believed to be repeat violations of the Pasco Municipal Code. Code Enforcement Officer, Debbie Scott, received a phone call from Mr. Shepard the same day notifying her the people in the RV in the front of his property were moving and he was waiting on BDI to have a dumpster dropped off for him to rent. Ms. Scott continued the case to the November 2017 Code Enforcement Board Hearing. Ms. Johnson met with Mr. Shepard on November 2, 2017 and verified that the RV was removed and no one was occupying tents in the rear yard. On December 7, 2017, Ms. Johnson spoke with Mr. Shepard again to review the violations that still needed to be corrected and she offered information to contact volunteer agencies for assistance. Ms. Johnson gave Mr. Shepard a final extension to the January 2018 Code Enforcement Board Hearing to correct the remaining violations as he was in the process of cleaning up the property and he had the BDI dumpster scheduled to be delivered. Based on a final inspection of the property 01042018 CEB Minutes Page 2 of 5 completed on January 4, 2018 the property is not in compliance at this time. Violations that still remain are miscellaneous debris, trash, cardboard items and inoperable vehicles throughout the property. The City of Pasco recommended imposing a service penalty of $45 to reimburse the City for the cost of personal service of the notice, imposing a repeat penalty of $200 and giving the respondent and additional 10 days to abate the violations or pay a daily penalty of $100 per day for 10 days. Bruce Shepard, 715 W. Yakima Street, spoke on behalf of this case. Gloria Del Angel, 2604 W. Bruno Place, Kennewick, 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 Speer moved, seconded by Board Member Rawlinson, to impose a fee of $45, to impose a repeat penalty of $200 to be held in abeyance for 12 months and giving the respondent 30 days to correct the remaining violations. The motion carried unanimously. ii. City of Pasco vs. Bastian, Mercedes, case number CEB2017-2686, for the property located at 623 N 19th Avenue 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 16.04.010 (REPEAT) – Failure to obtain a building permit to replace or restore the garage door, PMC 25.66.020 (REPEAT) – Illegal auto repair home occupation at this property, PMC 25.70.150(2)(a-4) – Multiple junk and inoperable vehicles stored in the rear yard, driveway and in the public right of way in front of this property, vehicles and their trunks are not secured, vehicle parts are not secured within the vehicles or within an enclosed structure, PMC 25.78.030(2) (REPEAT) – Driveway being used for repair, storage, servicing and auto equipment in public view, PMC 9.60.030(11) (REPEAT) – Dilapidated garage doors, unpermitted materials and incomplete construction project, PMC 9.60.030 (REPEAT) – Metal auto parts, cinder blocks and bricks discarded on the property and PMC 9.62.050(A) (REPEAT) – Junk vehicles stored in the rear yard. The property was inspected on October 10, 2017 and violations to the Pasco Municipal Code were observed and determined to be 5th repeat violations. In November 2014, complaints were received and a repeat case was opened for auto scraping and auto repair at this location. The notice was written for vehicle repair, repair items stored in the driveway and parts and tires on this 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 12 months pending there were no more violations on this property. On September 16, 2015 a notice of civil violation 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 16, 2016 a second repeat notice of civil violation was issued for inoperable vehicles stored in the City right of way, vehicle parts stored and located in public view and auto repair/bodywork in the driveway along with front yard landscaping and weeds not maintained. The property was not in compliance by the hearing and no one scheduled to speak at the Code Board. A repeat penalty of $400 and daily penalties of $4,000 were assessed but held in abeyance for 12 months as long as no further violations occurred on this property in that time. A third repeat notice of civil violation was issued on October 26, 2016 for unpermitted home occupation of repair and bodywork, inoperable vehicles stored in the City right of way, vehicles parts stored in public view. The property was not in compliance before or after the hearing and no one scheduled to speak at the hearing. A repeat penalty 01042018 CEB Minutes Page 3 of 5 of $600 and daily penalties of $3,000 were assessed. A 4th repeat notice of civil violation was issued on January 31, 2017 for an unpermitted home occupation, inoperable and damaged vehicles located in the City right of way and alley, vehicle parts stored in public view, auto and bodywork in the driveway, storage of damaged and unlicensed vehicles and dilapidated fencing. The property was not in compliance before or after the hearing and no one had scheduled to speak at the hearing. A repeat penalty of $800 was assessed. A daily penalty was not assessed based on completion of property clean up and compliance before further penalties could accrue. A 5th repeat notice of civil violation was issued on June 8, 2017 for unpermitted home occupation, inoperable damaged vehicles stored in the City right of way and alley, vehicle parts stored in public view and auto work and body work in the driveway. The property was not in compliance before the hearing but Mercedes & Bryan Bastian attended the hearing to dispute the penalties. The Code Board assessed a repeat penalty of $1,000 and a total daily penalty of $5,000. On December 14, 2017 another 5th repeat notice of civil violation was issued for the continued violations. Mercedes Bastian was legally notified via certified mail on December 18, 2017 of the repeat violations. Ms. Bastian contacted Ms. Johnson via telephone on December 28, 2017 to notify the City that she would be submitting a permit for unpermitted construction around the garage and replacement of garage door. Since this is a rental property, Ms. Johnson suggested that she obtain towing signs so she could remove any remaining unauthorized vehicles from the property as necessary but Ms. Johnson has not seen these signs posted at the property. On January 2, 2018, Mr. Bastian and the occupant of the property appeared at the Code Board Office and spoke with Code Enforcement Officer Gomez. Mr. Bastian stated he was trying to arrange payments for previous code case penalties and said that he was moving slowly but would bring the property into compliance. Mr. Bastian was notified of the Code Board Hearing date at that time. Based on a final inspection of the property completed on January 4, 2018 the property is not in compliance at this time. The City of Pasco recommended imposing a repeat penalty of $1,000 and giving the respondent and additional 10 days to abate the violations or pay a daily penalty of $500 per day for 10 days. Bryan Bastian, 623 N. 19th Avenue, spoke on this item. CODE BOARD DECISION: Board Member Gutierrez moved, seconded by Board Member Speer, that the actions taken by the City were appropriate and timely. The motion carried 3 to 1 with Board Member Gutierrez recused. Board Member Speer moved, seconded by Board Member Rawlinson, to impose a repeat penalty of $1,000 and giving the respondent and additional 10 days to abate the violations or pay a daily penalty of $500 per day for 10 days. The motion carried 3 to 1 with Board Member Gutierrez recused. iii. City of Pasco vs. Estate of Robert Irwin, case number CEB2017-2949, for the property located at 2103 N 18th Drive 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 25.75.110(1) – Front yard landscaping is dry and dead, PMC 9.60.020(3) – Weeds, grass, trees and other vegetation are overgrown obstructing use of the public sidewalk and the alley, PMC 9.60.030(16) – Tall, dry weeds and accumulated cut and dry tree limbs and debris throughout the property and PMC 9.60.030(6) – Trash, litter and miscellaneous debris stored in unapproved containers. The property was inspected on November 13, 2017 and violations to the Pasco Municipal Code were observed and determined to be repeat violations. A repeat notice of civil violation was issued on October 20, 2015. This case was heard by the Code Enforcement Board at the April 14, 2016 hearing. The Board waived the repeat penalty and enforced a $50 daily penalty for 10 days if all remaining violations were not 01042018 CEB Minutes Page 4 of 5 cleared within 30 days. Ms. Clubb corrected the remaining violations before penalties accrued and the case was closed in compliance. A repeat notice of civil violations was issued on November 13, 2017. The property owner, Karen Clubb, was legally notified on November 22, 2017 in person of the conditions believed to be repeat violations of the Pasco Municipal Code. Ms. Clubb spoke to Ms. Johnson at the Code Enforcement Office on November 22, 2017 to request an extension. Ms. Johnson gave Ms. Clubb the information to several volunteer agencies and said she could not grant an extension without seeing progress or being given a timeframe for corrections. Ms. Johnson recommended that Ms. Clubb contact her within the following week by November 28, 2017. Ms. Clubb came in to the Code Enforcement Office on November 28, 2017 to notify Ms. Johnson that she would be receiving help from a local church but that they wouldn’t be able to do the work until after Christmas. She stated that she had be cleaning around the carport and yard as much as possible. Ms. Johnson continued the case to the January 4, 2018 Code Enforcement Board Hearing under the agreement that she would continue cleaning under the carport and disposing of all exterior trash. Ms. Clubb called on December 28, 2017 requesting an extension due to the weather. Ms. Johnson agreed to inspect the property on January 2, 2018. At the time of the inspection on January 2, 2018, Ms. Clubb was working in the carport area. She said she would continue cleaning that day and the next. Based on a final inspection of the property completed on January 3, 2018 the property is not in compliance at this time. The City of Pasco recommended imposing a repeat penalty of $200 and giving the respondent and additional 10 days to abate the violations or pay a daily penalty of $100 per day for 10 days. Karen Clubb, 2103 N. 18th Drive, spoke on this item. 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 Speer moved, seconded by Board Member Rawlinson, to impose a repeat penalty of $200 to be held in abeyance and giving the respondent and additional 30 days to abate the violations. The motion carried unanimously. iv. City of Pasco vs. Ramirez, Iris Barreto, case number CEB2017-2979, for the property located at 312 N Main Avenue 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 IRC R109.1.6 – Failure to obtain a final passing inspection on permit B16-1797 to install an exhaust fan in the paint mixing room as required in the fire safety inspection correction notice dated 8/5/2016, PMC 25.70.150(3) – All inoperable vehicles, wrecked vehicles, parts, tires and accessories must be stored or parked in the rear of the lot behind a sight screened fence or inside the building, PMC 25.75.040(d) – The storage area for this I-1 zoned property is not sight screened as required and PMC 9.60.020(3) (REPEAT) – Storing vehicles, a dumpster and material in the city right of way along Main Street. The property was inspected on November 13, 2017 and violations to the Pasco Municipal Code were observed and determined to be repeat violations. On March 9, 2017, the owners of Tiera Caliente Body Shop were verbally notified to stop storing vehicles in the City right of way and of violated municipal codes. They failed to remove the vehicles and a notice of civil violation was issued on March 28, 2017. Vehicles were finally removed and the case was closed without penalties on May 3, 2017. Ms. Johnson verbally notified employees of Tiera Caliente Body Shop on November 14, 2017 that all vehicles in City right of way must be removed and that a notice would follow. A repeat notice of civil violation was issued on November 16, 2017. The property and business owners were legally 01042018 CEB Minutes Page 5 of 5 notified via certified mail on November 20, 2017. On November 15, 2017 Demetrio from Tiera Caliente Body Shop spoke to Ms. Johnson at the Code Enforcement Office stating that they had moved most of the vehicles but they did not have keys to three of them and had been unable to reach the owners of the vehicles. Ms. Johnson explained to them that they still had time to correct the issues before the compliance date. Demetrio returned on December 7, 2017 to pay the repeat penalty. Ms. Johnson informed him that the City could not accept payment because the property was not in compliance and had not processed through the Code Enforcement Board. He had reapplied for a commercial exhaust fan permit, removed the scrap and auto parts around the exterior and would be moving all inoperable vehicles into the gated area. Privacy slots were installed in the fence in front of the property only so Ms. Johnson reminded him the entire fence must be site screened. The case was continued to the January 2018 Code Board Hearing. Based on a final inspection of the property completed on January 4, 2018 the property is not in compliance at this time. The City of Pasco recommended imposing a repeat penalty of $200 and giving the respondent and additional 10 days to abate the violations or pay a daily penalty of $100 per day for 10 days. Iris Barreto Ramirez, 312 N. Main Avenue, spoke on this item. 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 Speer moved, seconded by Board Member Rawlinson, to impose a repeat penalty of $200 and giving the respondent and additional 10 days to abate the violations or pay a daily penalty of $100 per day for 10 days. The motion carried unanimously. b. Amendments i. City of Pasco vs. Espindola, Angelica, case number CEB2017-2104, for the property located at 2408 E Adelia Street c. Dismissals d. Motion Board Member Rawlinson made a motion to approving Resolution No. 2018-001, Board Member Gutierrez 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 8:10 p.m. ______________________________________ Krystle Shanks, Administrative Assistant II Community & Economic Development