HomeMy WebLinkAbout06072018 Code Enforcement Board Hearing PacketMEMORANDUM
DATE: May 29, 2018 Distribution
D Gottschalk
TO: Code Enforcement Board M Gutierrez
J Rawlinson
FROM: Troy Hendren T Granbois
Inspection Services Mana D Speer
Community & Economic
SUBJECT: CEB Determination Hearing
June 07, 2018
I am writing to confirm that the Code Enforcement Board will meet June 07, 2018 at
7:00 p.m., in Pasco City Council chambers.
Please find attached the following:
(I) An agenda for Ju ne 07, 2018;
(2) Minutes of the previous CEB meeting;
(3) Code Enforcement Activity Reports for April.
If you have any questions, please call (509) 543-5743 .
TH
Attachments: As stated.
CC: Dave Zabell, City Manager
Stan Strebel, Deputy City Manager
Rick White, Community & Economic Development Director
Michael Morales , Community & Economic Development Deputy Director
Code Enforcement Officers: Martin Barajas, Rosanna Johnson,
Abel Corona, Nicholas Potvin, Ernesto Gomez
Cross Connect Specialist: Jake Hickman
Angela Zilar, Tri-Cities Anima l Control
A . CALL TO ORDER
B . ROLLCALL
a. Board Members Present
C. ADOPTION OF MINUTES
D . HEARINGS
a. Administratio n of Oaths
b . Hearings Scheduled
Agenda for the
Code Enforcement Board
of the
City of Pasco, Washington
June 07, 2018 at 7:00 pm
CEB2018-0729 415 W SHOSHONE ST -MARJY A BUSEV A CETUXl. owner
Martin Barajas, Code Enforcement Officer
Description: Multiple unpermitted improvem ents including converting the home into a multi-family dwelling
improvements in the garage and construction of awnings and patio covers. PMC 16. 04. 010
Violation:
Failure to sec ure a City of Pasco building permit where a permit is required (IBC I 05. I and I RC 105 . 1 ).
Corrective Action:
Di scontinue all construction activities and submit an application for a building permit from the City of Pasco (call (509)
543-5721 for information on permit requireme nts). If no permit can be obtained, unp ermitted construction must be
removed.
Description: Unpermitted and unlicensed busin ess activities from this home including possible sale and
distribution of mattresses and furniture. PMC 5.04.020
Violation:
Engaging in business within the City of Pa sco without a re quired City of Pasco bus iness li cense.
Corrective Action:
Di scontinue ALL unperrnitted business activities taking place on this property or out of this property.
Description: Accumulation of mattresses, furniture and appliances throughout the property PMC 9. 60. 030 (10)
CEB Agenda
Violation:
Trash, litter, rags, accumulations of e mpty barrels , boxes, crates, packing cases, mattresses, bedding, excels ior, packing
hay, straw, or other packing material ; lumber or scrap metal not neatly piled or anything which may be a fire danger.
Corrective Action:
Remove and lawfull y dispose of all trash, litte r , and other debris which is not neatly pile d and/or which is a fire danger.
Page I of2
c. Amendments
d. Dismissals
e. Motion
E. STAFF REPORT AND OTHER BUSINESS
F. ADJOURNMENT
This meeting is broadcast live on PSC-TV Channel 191 on Charter Cable and streamed at www.pasco-wa.gov/psctvlive .
Audio equipment available for the hearing impaired; contact staff for assistance.
CEB Agend a Page 2 of2
A. 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
MEMORANDUM
May 29, 2017
TO: Rick White, Director
Community & Economic Development
FROM: Troy Hendren, Inspection Services Manager
Community & Economic Development
SUBJECT: Code Enforcement Activity Reports
Reports for the Month of April, 2018
Please find attached copies of the Code Enforcement Activity Reports for the
month of April:
( 1) CEB Resolution
The resolution shows all the Code Enforcement Board actions and cases
that the Board has ruled on at their monthly hearing.
(2) Status Report Code Enforcement Inspections, April, 2018
This report lists all inspections performed by individual staff for the
month. To be counted as an "inspection" a written "correction notice"
must have been issued as a result of the initial inspection.
Distribution: Dave Zabell, City Manager
Stan Strebel, Deputy City Manager
Troy Hendren, Inspection Services Manager
Michael Morales, Deputy C&ED Director
Dan Dotta, Acting A&CS Director
Steve Worley, Public Works Director
Bob Gear, Fire Chief
Bob Metzger, Chief of Police
Jon Funfar, Media Specialist
Jake Hickman, Cross-Connect Specialist
Community Development Staff
Code Enforcement Board
CITY OF PASCO
CODE ENFORCEMENT BOARD RESOLUTION
RESOLUTION NO. 2018 -4
A RESOLUTION findin g that code violations have been corrected and may be dismissed wi tho ut penalty, deferring acti on on certain cases pending pro per notification , accepting vol untary correction agreements, and as sessing penaltie!
on certain cases.
WHEREAS, the City of Pasco has found that there exist conditi ons on ce rtain properties that const itu te vio lations of the Pasco Municipal Code; and
WHEREAS, the Code Enforcement Board has the authority to affirrn , dismiss, o r modify notices of civil violations issued by the C ity:
NOW BE IT RESOLVED BY THE CODE ENFORCEMENT BOARD OF THE CITY OF PASCO;
That the following cases be dismissed without penalty:
~ ~ ~
CEB20 15-3282 ANDY AP PEL
CEB2016-0320 TOMAS PEREZ
CEB20 16-0343 JOSE & CRISTINA E GARCIA
CEB20 16-0468 ROBERT H & BECKY C BOOTH
CEB2017-0263 BURT C & RAC HEL LOVEJOY
CE B2017-1425 RUBEN AYALA TENA (ETUX)
CEB 2017 -1 434 MARVIN STEVE SOLANO VARGAS
CEB20 17-2796 COACHMAN CONDOMINI UMS
CEB20 17-2925 KARRIE A ALLESS IO
CEB20 18-0096 NICHOLAS P CAME RON
CEB20 18-0 10 1 VICTOR MANUEL CANO-RAMIREZ
CE B2018-0 I 04 CE SAR TREJO & LUI S GONZALEZ
~ ~ Other
Page I of6
~ ~ QaiJy ~ ~ ~
CEB2018-0129 KYLEEJ & PATRICK I BRO WN
CEB2018-0156 DEMETRIO & MARIA F PALACIOS
CEB2018-0180 ARMIDA AGUI LAR
CEB2018-0183 PETER D & LYNDA S GOETZ
CEB2018-0 186 SHAYLLC
CEB2018-0189 SHAY LLC
CE B2018-0198 YVONNE M RICHARDS (ETAL)
CEB2018-0236 ROBERTO & CARMEN RAMJREZ
CEB2018-0242 JASON NELS ON
CEB20 18-0243 JASON NELSON
CEB20 18-0244 JASON NELSON
CEB2018-0245 JASON NELSON
CEB2018-0280 NENCY & DOUGLAS A GOMEZ
Be it further resolved the following people were not properly notified of alleged violations of the Pasco Municipal Code and hearings for their cases s hould be deferred until such times as they are properly notified:
~ ~ QaiJy M2rulliY::Y ~ ~
CEB20 16-0 126 AC E SPIDER PEST MANAGEMENT
CEB20 18-0286 RAMIRO & MARIA TORRES
Be it further resolved t hat the Code Enforcement Board accepts or continues the below listed cases and voluntary correction agreements:
~ ~ Dai ly M2fil1m ~ ~
CEB20 16-0407 VIRGINIA G & TODD GORDON
CEB2017-0228 DANIER GANT (TR)
Page 2 of6
~ ~ QW ~ ~ Other
CEB20 17-1 077 DAHAVA FINAN CIAL LTD PARTNERSH
CEB20 17-1086 TRACEY STUENKEL
CEB2017-1382 JEFFERY D & YOLANDA ROBISON
CEB20 17-31 14 JAVIE R G & JUDITH Q CHAVEZ
CEB20 17-3 160 ANNA DORENDORF
CEB20 17-3182 ANDREW F AK.KER
CEB20 17-3209 J USTIN LEE & NANC I A KO HLER
CEB2017-3212 KUO & SUE (TRUSTEES) TSAI
CEB20 18-0009 JOSE & LORENA AVALOS
CEB20 18-00 19 PAT IRIBARREN
CEB20 18-0085 SARAH COOMER
CEB2018-0 106 NANCY (ETAL) PALACIOS
CEB2018 -0107 FLIPPO LIVING TRUST
CEB20 18-0 1 I I LAMPSON INTERNATIONAL LLC
CEB20 18-0159 ELIO DORO CUEVAS LOPEZ
CEB20 18-0217 COLUMB IA BASIN CO LLEGE
CEB20 18-0218 CSP PASCO LLC
CEB20 18-02 40 GU RU NANAK SIKH ORGANIZATION
Page 3 of6
~ ~ l&ilx ~ ~ Other
CEB2018-0241 GURDWARA GURU NANAK PARK.ASH\
CEB20 18-0254 ROSELLO ROMERO (SR)
CEB20 18-0255 VICTOR RESENDIZ
CEB2018-0256 TRAVIS C & JAMI E A M IC KELSON
CE B2018-0268 JAVIER & VANESSA ORELLANA
CEB20 18-0273 PASCO WASHINGTON LLC
CEB2018 -028 1 RLPASCOLLC
CEB2018-0282 LA MAS BARATA PROPERTIES LLC
CEB2018-0324 M ILNE ENTERPRISES INC
C EB2018-0344 FLORJAN THOMPSON LLC
C EB2018-0346 MILNE ENTERPRIS ES INC
CEB2018-0347 RAMIRO CASTILLEJA
Be it further resolved that th e following cases are now in compliance. However, proper notificatio n of certain people required use of a professional process server and a mo netar y service penalty o f forty-five dollars
($45.00) is assessed in each case therefor; and certain properties a nd people were found in repeat violation of the Pasco Municipal Code a nd a min imum mandatory monetary penalty is assessed fo r each re peat violation
therefor; a nd certain properties a nd people were assessed a minimum mandatory mo netary penalty o f fifty d olla r s ($50.00) for certain violation(s) of the Pasco Municipal Code therefor:
~ &W1 lliliJy MQnm Dismissed Q!Mr
C EB20 18-0235 ERNESTINA MORALES two hundred dollars ($200)
C EB2018-0287 JAVIER P MENDOZA two hundred dollars ($200)
Be it further r esolved that t he following people were properly notified of alleged v iolatio ns of the Pasco Municipal Code but have fai led to appear before the Pasco Code Enforceme nt Bo a rd for hearin gs o n the date
prescribed and said alleged violations have not been abated as required or were abated by th e City and abateme nt costs, ti meframes for co mpliance and daily mo netary penalties i n the amounts not to exceed those
establi shed by PMC 11.02.050 a nd as may be determined by t he Community Developme nt Director are assessed for each civil v io lation therefor:
~ .B&w! ~ MQnm !lli.!niills! Q!Mr
CEB2017-0178 ALEX GARC IA forty-five dollars ($45) fifty dollars ($50)
CEB2017-1509 TYSON D CHAMBERS forty-five dollars ($45) fifty dollars ($50)
Page 4 of6
Service B&l1£fil Dai ly ~ Pismissed Qlhg:
CEB2017-2107 U PP ER COL CONF OF SDA fifty dollars ($50)
CEB2017-2693 JESUS F BRJONES fifty dollars ($50)
CEB20 17-2739 MARY ANNE SEIDL one hundred dollars ($100)
CEB20 18-0021 ZEPEDA INVESTMENTS INC fifty dollars ($50)
CEB2018-0045 T IFFANY N PAGE fifty dollars ($50)
CEB2018-0050 DAVID H MOSLEY fifty dollars ($50)
CEB20 18-0105 OREGON POTATO COMPANY one hundred dollars ($100)
CEB20 18-0126 !MELDA CONTRERAS forty-five dollars ($45) two hundred dollars ($200) one hundred dollars($ 100)
CEB2018-0138 DALE L KINTZLEY fifty dollars ($50)
CEB2018-0200 ROAD 68 RETAIL LLC fifty dollars ($50)
CEB2018-0206 CSP PASCO L LC fifty dollars ($50)
CE B2018-023 1 JOSHUA A (ETAL) CORKE two hundred dollars ($200) one hundred dollars ($ 100)
CEB2018-0246 ER IKA & ALEJANDRO ALVAREZ one hundred dollars ($100)
CEB20 18-0258 JAIME A & CLAUD IA E MARROQUIN one hundred dollars ($I 00)
CEB20 18-0259 ROCK EDWARD BROADWAY (JR) two hundred dollars ($200) two hundred dollars ($200)
CEB20 18-0285 GAB RIEL ALVAREZ MERAZ two hundred dollars ($200) one hundred dollars ($100)
CEB20 18-0318 MIC HAEL R CRAM two hundred dollars ($200) one hundred dollars($ 100)
Be it further resolved that the following people were properly notified of a ll eged violations of the Pasco Municipal Code and have appeared before the Pasco Code E nforcement Board for hearings on the date presc r ibed
and the Board issued orders therefo r :
Page 5 of6
~ &Jl!<fil l2l!i.!l' ~ Di<mjssed Other
CEB20 18-0 128 JUDY BENEDEITI FOR THE two hundred doll ars ($200)
CEB20 18-02 76 MIGUEL A & MARJA E SERRANO four hundre d do ll ars ($400)
Be it further resolved that, pursuant to PMC 11.02.060 (4)(d), any person who fails to collect or accept the certified mail copy of the Board's decis ion may be required to be served a copy of the decision via professional
process server, and all such costs for personal service of the decision are hereby assessed.
Total num her of cases: 82
Passe d by th e Co~~Enforcement Board of the City of Pas co on April 5, 20 18.
(0 /}--~ ATTEST:
Dani el Gottschalk, Chairperson
Page 6 of6
STATUS REPORT CODE ENFORCEMENT INSPECTION
APRIL 2018
PREVIOUS
OFFICER MARTIN ROSANNA NICK ABEL ERNESTO JAKE MONTHLY MONTH YEAR TO
TOTAL YEAR TO DATE
DATE
VIOLATION TYPE
Public Nuisance 32 53 61 0 1 0 147 3 11 458
Business Licenses 3 2 1 0 0 NA 6 20 26
Rental Licenses 0 6 0 24 0 NA 6 25 31
Dog Licenses 1 1 0 0 0 NA 2 0 2
Animal Nusiances 2 3 0 0 1 NA 5 8 13
Rental Inspections 2 32 2 2 85 0 NA 36 6 7 103
Vehicles Tagged 4 0 0 0 0 NA 4 4 8
CASES OPEN
MONTHLY TOTAL 44 97 64 309 2 NA 205 3 97 602
CASES CLOSED
MONTHLY TOTAL 17 76 45 2 12 NA 138 5 75 713
Note: Counts r e fl ect o nly Cod e Enforcem e n t Inspections that r esu lted in an is suance of an initial written Correction No tice.