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HomeMy WebLinkAbout09062018 Code Enforcement Board Hearing Minutes 09062018 CEB Minutes Page 1 of 5 CODE ENFORCEMENT MINUTES MEETING OF SEPTEMBER 6, 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 Dwayne Speer Mary Gutierrez MEMBERS ABSENT Thomas Granbois James Rawlinson C. ADOPTION OF MINUTES: Board Member Gutierrez moved, seconded by Board Member Speer, that the minutes of the August 2, 2018 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. (Alvarado) Miller, Etoya case number CEB2017-1367, for the property located at 5119 Texada Lane 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 25.75.050(4) – Failure to maintain front yard with at least 50% live vegetation, PMC 25.75.110(1) – Failure to maintain landscaping in healthy, live, growing condition and PMC 9.60.030)16) – Noxious weeds in excess of 12” in height. Ms. Johnson discussed the notification process for violations observed and previous notices and violations on this property. Based on a final inspection of the property completed on September 6, 2018, the property was still in violation of the Pasco Municipal Code according to staff. The City of Pasco recommended giving the respondent 10 days to correct any remaining violations on the property or pay a penalty of $50 per day for 10 days. Etoya Alvarado, 5119 Texada Lane, spoke on behalf of this case. CODE BOARD DECISION: Board Member Speer 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 Gutierrez, to give the respondent 10 days to correct any remaining violations on the property or pay a penalty of $50 per day for 10 days. The motion carried unanimously. 09062018 CEB Minutes Page 2 of 5 ii. City of Pasco vs. Drake, William case number CEB2017-2113, for the property located at 4110 W. Marie Street 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 IPMC 302.8 – Inoperative/unlicensed vehicles must be removed from property or stored within a fully enclosed structure, PMC 10.52.030(4) – Recreational vehicles can only be parked on street for no longer than 72 hours within any 2 week period, PMC 25.78.030(4) – Vehicles cannot be parked on grass, PMC 25.78.140 – Camper only allowed to be parked/stored within the side or rear yard of your property on an approved surface such as asphalt, gravel or concrete, PMC 9.60.030(9) – Vehicle parts, scrap metal and all other debris must be properly disposed of or stored within a fully enclosed structure and PMC 9.62.050(A) – Junk vehicles cannot be stored on site and must be lawfully disposed of. Ms. Johnson discussed the notification process for violations observed and previous notices and violations on this property. Based on a final inspection of the property completed on September 6, 2018, the property was still in violation of the Pasco Municipal Code according to staff. The City of Pasco recommended giving the respondent 10 days to correct any remaining violations on the property or pay a penalty of $50 per day for 10 days. William Drake, 4110 W. Marie Street, spoke on behalf of this case. 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 unanimously. Board Member Gutierrez moved, seconded by Board Member Speer, to give the respondent 30 days to correct any remaining violations on the property or pay a penalty of $50 per day for 10 days. The motion carried unanimously. iii. City of Pasco vs. Fellman, Tyson case number CEB2018-1258, for the property located at 604 W. Yakima Street 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 violation on this property was PMC 16.04.010 – Failure to obtain a building permit or remove the unpermitted stair cover/awning (Permit application B18 -1163 expired without a permit being issued). Ms. Johnson discussed the notification process for violations observed and previous notices and violations on this property. Based on a final inspection of the property completed on September 6, 2018, the property was still in violation of the Pasco Municipal Code according to staff. The City of Pasco recommended giving the respondent 10 days to correct any remaining viol ations on the property or pay a penalty of $100 per day for 10 days. Tyson Fellman, 604 W. Yakima Street, spoke on behalf of this case. CODE BOARD DECISION: Board Member Speer moved, seconded by Board Member Gutierrez, that the actions taken by the City were appropriate and timely. The motion carried unanimously. 09062018 CEB Minutes Page 3 of 5 Board Member Speer moved, seconded by Board Member Gutierrez, to give the respondent 20 days to correct any remaining violations on the property or pay a penalty of $100 per day for 10 days. The motion carried unanimously. iv. City of Pasco vs. Ramirez, Iris Barreto case number CEB2018-1260, for the property located at 312 N. Main Avenue Troy Hendren, Inspection Services Manager, asked Code Enforcement Officer, Martin Barajas, to read the case facts into the record. Mr. Barajas indicated that the cited violations on this property were PMC 25.70.150(3) – Inoperable vehicles, vehicles under repair and in disrepair stored outside in front of the building in public view and in the City right of way and PMC 9.60.020(3) – Inoperable vehicles stored in the public right of way. Mr. Barajas discussed the notification process for violations observed and previous notices and violations on this property. Based on a final inspection of the property completed on September 5, 2018, the property was still in violation of the Pasco Municipal Code according to staff. The City of Pasco recommended giving the respondent 10 days to correct any remaining violations on the property or pay a penalty of $50 per day for 10 days. The property owner was in attendance but declined to speak. CODE BOARD DECISION: Board Member Speer 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 Gutierrez, to give the respondent 30 days to correct any remaining violations on the property or pay a penalty of $400 per day for 10 days. The motion carried unanimously. v. City of Pasco vs. Chavez, Bulmaro & Rita case number CEB2018-1279, for the property located at 605 Road 27 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 6.04.090 – (Repeat) Failure to maintain required active garbage service at this commercial location, PMC 6.24.010 – (Repeat) Garbage accumulating on this property due to the lack of garbage removal services (all waste must be immediately removed upon receipt of notice) and PMC 9.60.030(6) – (Repeat) Accumulation of garbage bags throughout the property. Ms. Johnson discussed the notification process for violations observed and previous notices and violations on this property. Based on a final inspection of the property completed on September 6, 2018, the property was still in violation of the Pasco Municipal Code according to staff. The City of Pasco recommended imposing a $200 repeat penalty and giving the respondent 10 days to correct any remaining violations on the property or pay a penalty of $100 per day for 10 days. Ruiz Bueno, 1420 W. 4th, Kennewick, WA, spoke on behalf of this case representing the property owner. CODE BOARD DECISION: Board Member Speer moved, seconded by Board Member Gutierrez, that the actions taken by the City were appropriate and timely. The motion carried unanimously. 09062018 CEB Minutes Page 4 of 5 Board Member Speer moved, seconded by Board Member Gutierrez, imposing a $200 repeat penalty and giving the respondent 10 days to correct any remaining violations on the property or pay a penalty of $100 per day for 10 days. The motion carried unanimously. vi. City of Pasco vs. Dunyon, Patrick & Joy case number CEB2018-1285, for the property located at 1911 N. 13th 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 violation on this property was PMC 6.04.090 – (Repeat) Failure to maintain required garbage service at this occupied residence. Ms. Johnson discussed the notification process for violations observed and previous notices and violations on this property. Based on a final inspection of the property completed on September 6, 2018, the property was in compliance of the Pasco Municipal Code according to staff. The City of Pasco recommended imposing a $400 repeat penalty. Patrick & Joy Dunyon, 1911 N. 13th Avenue, spoke on behalf of this case. CODE BOARD DECISION: Board Member Speer 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 Gutierrez, imposing a $200 repeat penalty from a prior case and a $400 repeat penalty fee for the current case to be held in abeyance for 12 months and dropped if no further violations occur during that time. The motion carried unanimously. vii. City of Pasco vs. Fitzgerald, Lisbeth case number CEB2018-1347, for the property located at 4437 Glaway Lane Troy Hendren, Inspection Services Manager, asked Code Enforcement Officer, Nicholas Potvin to read the case facts into the record. Mr. Potvin indicated that the cited violations on this property were PMC 25.70.150(3) – Tires stored in the front yard and a hood stored or kept on the south side of the house, PMC 25.75.110(1) – Failure to maintain a healthy, growing condition for the front lawn, PMC 25.78.030(4) – Ford pick-up truck stored on the front yard and PMC 9.60.030(9) – (Repeat) Store appliances and other items that have served their intended original purpose within an enclosed building or properly dispose of them. Mr. Potvin discussed the notification process for violations observed and previous notices and violations on this property. Based on a final inspection of the property completed on September 6, 2018, the property was in compliance of the Pasco Municipal Code according to staff. The City of Pasco recommended imposing a $400 repeat penalty. Jessica Fitzgerald & Johnny Ritke, 4437 Galway Lane, spoke on behalf of this case. CODE BOARD DECISION: Board Member Speer moved, seconded by Board Member Gutierrez, that the actions taken by the City were appropriate and timely. The motion carried unanimously. 09062018 CEB Minutes Page 5 of 5 Board Member Speer moved, seconded by Board Member Gutierrez, imposing a $400 repeat penalty from a prior case and a $600 repeat penalty fee for the current case to be held in abeyance for 12 months and dropped if no further violations occur during that time. The motion carried unanimously. viii. City of Pasco vs. Buseva, Mariya case number CEB2018-1380, for the property located at 415 W. Shoshone Street Troy Hendren, Inspection Services Manager, asked Code Enforcement Officer, Martin Barajas, to read the case facts into the record. Mr. Barajas indicated that the cited violations on this property were PMC 16.04.010 – Multiple unpermitted improvements including converting the home into a multi-family dwelling, improvements in the garage and construction of awnings and patio covers, PMC 5.04.020 – Unpermitted and unlicensed business activities from this home including possible sale and distribution of mattresses and furniture and PMC 9.60.030(10) – Accumulation of mattresses, furniture and appliances throughout the property. Mr. Barajas discussed the notification process for violations observed and previous notices and violations on this property. Based on a final inspection of the property completed on September 6, 2018, the property was in compliance of the Pasco Municipal Code according to staff. The City of Pasco recommended imposing a $400 repeat penalty. Mariva Buseva, 415 W. Shoshone Street, spoke on behalf of this case. CODE BOARD DECISION: Board Member Speer moved, seconded by Board Member Gottschalk, that the actions taken by the City were appropriate and timely. The motion carried with Board Member Gutierrez recused. Board Member Speer moved, seconded by Board Member Gottschalk, imposing a $400 repeat penalty and giving the respondent 30 days to correct any remaining violations on the property or pay a penalty of $500 per day for 10 days. The motion carried with Board Member Gutierrez recused. b. Amendments c. Dismissals d. Motion Board Member Speer made a motion to approving Resolution No. 2018-009, 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 8:42 p.m. ______________________________________ Krystle Shanks, Administrative Assistant II Community & Economic Development