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HomeMy WebLinkAbout05032018 Code Enforcement Board Hearing MinutesA. CALL TO ORDER CODE ENFORCEM ENT MIN UTES MEETING OF MAY 3, 2018 C hairper so n Gottscha lk called the regular meeting of th e Code Enforcement Board to ord er at 7:00 p.m. B. ROLLCALL a. Board Members MEMBERS PRESENT Daniel Gottscha lk James Raw li nson M ary Gutierrez D wayne Speer C. ADOPTION OF MINUTES: MEMBERS ABSENT Thomas Granbois Board Member Rawlinson moved, second ed by Board Member Gutierrez, that th e minutes of the A pril 5, 2018 m eeting be approved. The motion carried unanimou s ly. D. DETERMINAT ION HEA R INGS: Chairpe rson Gottschalk explai ned the procedure and purpose for the meeting, noting tha t the C it y of Pa sco was the Petitioner and property owners a nd their a uthorized representatives w ho had appeared to di scuss the alleged v io lations of the Pasco Municipal Code were th e Resp ondents. a. Hearin gs 1. City of Pasco vs. Harrold, David & Debra case number CEB2016-3129, for the property loc ated at 4417 W . Sylvester Street Troy H endren, In spection Serv ices Manager, asked Code E nforcement Officer, Rosanna Johnson, to read the case facts into the record . Ms. Johnson indicated that the cited v io lations on this property were PMC 16.04.0 I 0 -No bui lding permits for add iti o n a nd to convert s hop into habitable space and s h ed s in rear yard , PMC 5.78 .0 10 -No C ity of Pasco renta l li cense and PMC 5.78.020 -A passi ng certificate of habitability ha s not been submitted. The prope rty was inspected on December 29 , 20 16 and v io lati ons of t he P asco Munic ipa l Code were observed. A correcti on notice was issued on Decembe r 29, 2016. Mr. Harrold, the property owne r, contacted Ms. Johnson by te lephone o n January 9, 20 17, stating tha t his daughter was li ving in the unit a nd h e and hi s fa ther ha d previously con verted it to liv ing qua rte rs 4 year s pri or. H e said he would submit a p ermit a pplication and requested an extens ion due to the h arsh weather. M s . Jo hnson extended the compliance date to January 20 , 20 17 . Mr. Harrold submitted t he app lication by the complian ce d ate but the app li cation was denied by the P lanning Department , providing PM C 25.24.0502 which allows only one unit per lo t and P MC 25 .24.2308 which st ates an accessory dwelling unit mus t be attached and int egrated with the primary s tructure, which is the house. A re-inspection of the property revea led th at it was still in v iolation of the Pa sco Municipa l Code and a notice of civi l v io lation was issued on March 13 , 20 18. T h e property owner was lega ll y notified vi a certified m a il on March 16, 20 18. On April 24 , 2018, Mr. Harrold obta ined a permi t for the two s heds in th e rear of the property. On May 2, 20 18, Mr. Ha rro ld dropped off a letter at the Building Department reques ting more t ime s ince h is daughter was to move ou t May 14, 2018. M s . Johnson spoke with the property ow ner and st ated that in order to grant a n extension she would need to do an insp ection of the s h op to verify that it is safe for human habitation or obtain a demolition permit to remove unpemlitted construction o r discuss options of an exception with the 050320 18 CEB Minutes Page 1of3 Planning Department. Ms. Johnson requested that he contact her to schedule the inspection or schedule hi s appearance at the Code Board. He sent an email the same day requesti ng a 30 day extension due to personal issues. She responded once again that without an inspection she could not grant any extensions. Based on a final inspection of the property completed on May 3, 2018 the property is not in compliance at this time. David Ha rrold, 4417 W. Sylvester Street , spoke on behalf of this case. The City of Pasco recommended giving the respondent 24 hours to vaca te th e unit unl ess a habi tabilit y ins pecti on is conducted before 5 :00 pm, May 4, 2018 with pass in g results and l 0 additional days to abate the violations or pay a daily penalty of $200 per day for l 0 days. CODE BOARD D ECISION : Board Member Speer moved, seconded by Boa rd Memb er Gutierrez, that the actions taken by the C it y were appropriate and timely. The moti on ca rried unanimous ly. Board Member Speer moved , seconded by B oard Member Gutierrez, to give the respondent 24 hours to vacate the unit unless a habitability inspection receives a passing rental in spection and givin g l 0 days to submit a permit application or pay a daily penalty of $200 per da y for l 0 days. The moti o n carried unanimous ly. ii. City of Pasco vs. Younger, Clarence case number CEB2018-0192, for the property located at 1708 W. Irving Street Troy Hendren, Inspection Services Manager, asked Code Enforcement Officer, Rosanna Johnson, to read the case facts into the record . Ms. Johnson indicated th at the cited violations on thi s property were PMC 16.04 .010 -No building permit to make modifications to the garage, PM C 25.75.050(4) -Failure to maintain at least 50% live vegetation in the front yard a nd the r emaining areas of exposed soil protected from soi l erosion and blowi n g dust, PMC 25.78 .030(4) -Parking vehicles and conducting auto repa ir on an unapproved surfa ce throug hout the front yard , PMC 9.60.0 30(10) -Lumbar, di scarde d wood furniture a nd tree limbs throughout the rear yard and a ll ey, PMC 9.60.030(6) -Trash, litter, debri s, old hot tub , discarded furniture a nd hou sehold items t hrou ghout the property and alley and PMC 9.60.030(9) -Auto parts, tires, steering wheels, transmission and auto body parts throughout the property and a lley. The prope rt y was in spec ted on February 8, 2018 a nd v io lations of the Pasco Municipal Code were observed a nd a correction notice was issued on February 15 , 2018. On February 22, 2018, Ms. Johnson received a phone call from Shannon Younger, the son of Clarence, to notify her that the tenant s were in the process of c leaning up the property. Mr. C laren ce Younger is bedridden and unable t o get to the property so th ey were unaware of the conditions at that time. On M arc h 13, 2018, Ms . Johnson re ce ived a call from Mr. Younger stating that th e tenants were not able to do anything with the property beca use they were detained elsewhere and since it is a renta l he was unable to clean up the property, however, the tenants did have a guest stayin g at the property at the time. On April 10, 2018, Ms. Johnson left a message for Mr. Younger requesting a n update as to the statu s of the tenants o n this property . When Ms. Johnson did n o t r eceive a r esponse, a re-ins p ecti on was conducted o n April 12 , 2018 in a n effo rt to contact the occupants . The inspection revealed that th e property was sti ll in violation a nd a notice of civil violat io n was issued on April 16, 20 18. The property owner was lega ll y not ified via certified mail on April 18, 2018. On April 20, 2018, the tenant, Stephanie, called in to state that she had cleane d up the property quit e a bit. M s. Johnson returned her call the following Monday to the number provided by she did not receive a response. On April 23, 2018, M s. Johnson spoke to Mr. Younger to let him know that she had received a call from th e tenant. He stated that they were w illfull y moving and would be out b y April 30, 20 18. Ms. Johnson agreed to c heck b ack on May l, 2018 prior to the hearing date. Based on a final in spectio n of the property comple ted on May 3 , 2018 th e prope rt y is not in compliance at this time. 0503 2 018 CEB Minutes Page 2of 3 Shannon Younge r, 170 8 W . Irving Street , s p oke o n be hal f of this case. The City of Pasco recommende d giving th e res ponde nt and additional 10 days to abate the violations or p ay a daily penalty of $100 p er d ay for 10 d ays. COD E BOARD DECISION : B oard Member Raw lin so n moved , second ed b y Boa rd M e mber Gutierrez, tha t the actions taken by the City were a ppropria te and timely. The motion carried una nimo usl y . Board Member Gutierrez moved, seconde d by Board Member Rawlinson, to give the respondent 20 additional days to abate the violations or pay a daily penalty of $100 p e r d ay for 10 d ays. The motion carried unanimously. b . Amendments c . Dis mi ssa ls d. Motion Board Member Speer made a motion to a pproving Resol uti on No. 2018-005, B oard Member Gutierrez seconded. The motion carried unanimous ly. E. STAFF REPORT AND OTHER BU SINES S : F. ADJOURNMENT There be ing n o further busines s before the Pa sco Code Enforcement Board, the meeting was adjourned at 7 :32 p .m. ~~~'diS<1~ KrystJeSh rlkS,Adn1ini strative A ssi s tant II Community & Economic D evelopment 05032018 CEB Minutes Page 3of3