HomeMy WebLinkAbout09062018 Code Enforcement Board Hearing Minutes
09062018 CEB Minutes
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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
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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.
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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.
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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.
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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