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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.