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