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HomeMy WebLinkAbout04042019 Code Enforcement Board Hearing PacketMEMORANDUM DATE: April 03, 2019 Distribution D Gottschalk TO: Code Enforcement Board M Gutierrez J Rawlinson FROM: Troy Hendren T Granbois Inspection Services Ma D Speer Community & Econo SUBJECT: CEB Determination A12ril 04~ 2019 I am writing to confirm that the Code Enforcement Board will meet A12ril 04, 2019 at 7 :00 12 .m., in Pasco City Council chambers. Please find attached the following: (1) An agenda for A12ril 04, 2019; (2) Minutes of the previous CEB meeting; (3) Code Enforcement Activity Reports for February. 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 Zach Ratkai, Administrative & Community Services Director Code Enforcement Officers : Martin Barajas, Rosanna Johnson, Nicholas Potvin, Ernesto Gomez Cross Connect Specialist: Jake Hickman Angela Zilar, Tri-Cities Animal Control A. CALL TO ORDER B. ROLLCALL Board Members Present C. ADOPTION OF MINUTES D . H EARINGS Administration of Oaths Hearings Scheduled Agenda for the Code Enforcement Board of the City of Pasco, Washington April 04, 2019 at 7 :00 pm CEB2018-0004 3 WA ST-LUIS I ALCARAZ, owner Martin Barajas, Code Enforcement Officer D escription: Garage converted to living space without a building permit. PMC 16.04.010 Violation: Fai lure to secure a City of Pasco building permit. Corrective Action: Submit an application for a building permit from the City of Pasco (please call (509) 543-5726 for information on permit requirements). If n o permit can be obtained, unpermitted construction must be removed. Description: No City of Pasco rental dwelling license. PMC 5. 78.010 Violation: A City of Pasco rental license is required for a ll rental dwelling unit(s). Corrective Action: Obtain a City of Pasco rental licen se. Call (509) 545 -3 402 for more information or visit th e City of Pasco website http://www.pasco-wa.gov/816/Rental-Dwelling-License and download the rental license application. Description: A cert(ficate of inspection has not b een submitted for this rental. PMC 5. 78.020 Violation: A certificate of inspection is required to be submitted to the City for a ll rental dwelling unit(s). Corrective Action: Submit a certificate of inspect ion for the rental dwelling unit(s) (call (509) 543-5743 to schedule a habitabi lity inspection or s ubmit an approved HUD inspection report). Amendments Dismissals Motion E. STAFF REPORT AND OTHER BUSINESS F. ADJOURNMENT Thi s meeting is broadcast live on PSC-TV Channel 19 I on Charter Cable and streamed at www.pasco-wa.gov/psctvlive. Audio equipment ava ilabl e for the hearing impaired; contact staff for assistance. CEB Agenda Pa ge 1 of2 A. CALL TO ORDER CITY OF PASCO CODE ENFORCEMENT BOARD MINUTES MEETING OF MARCH 7, 2019 Chairperson Gottschalk called the regular meeting of the Code Enforcement Board to order at 7:00 p.m. B. ROLLCALL a. Board Members MEMBERS PRESENT Daniel Gottschalk Thomas Granbois James Rawlinson Dwayne Speer C. ADOPTION OF MINUTES: MEMBERS ABSENT Mary Gutierrez Board Member Rawlinson moved, seconded by Board Member Granbois, that the minutes of the February 7, 2019 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. Arroyos, Guillermo, case number CEB2019-0011, for the property located at 1704 N 141h Ave 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 16.04.010 (REPEAT) -No City of Pasco building permits to modify the garage in the rear yard, PMC 25 .150.020 -Operating a prohibited home occupation (auto repair and service), PMC 25.70.150(2)(a-d)-More than one inoperable vehicle stored in the rear yard of this property, PMC 25.78.030(2) -Using the driveway and rear parking area for the repair and service of vehicles and PMC 9.90.030(3) -Persons visiting the property and occupants of the property are parking in and blocking use of the alley. Ms. Johnson discussed the notification process for violations observed, previous notices sent and violations on this property. Based on a final inspection of the property completed on March 7, 2019, 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 abate the violations or pay a daily penalty of $100 per day for I 0 days and to impose a repeat penalty of $200. Olivo Torres translated for Arroyo s Guillermo, 1704 N 14 111 Avenue, who spoke on behalf of this case. CODE BOARD DECISION: Board Member Granbois moved, seconded by Board Member Rawlinson, that the actions taken by the City were appropriate and timely. The motion carried unanimously. 03072019 CEB Minutes Page 1of4 Board Member Speer moved , seconded by Board Member Rawlinson, to give the respondent 10 days to abate the violations or pay a daily penalty of $100 per day for 10 days and to impo se a repeat penalty of $200. The motion carried unanimously. ii. City of Pasco vs. Woo's Corporation, case number CEB2019-0070, for the property located at 414 W Columbia St 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 304.13 -Broken window glass and frame , IPMC 304.15 (REPEAT) -Damaged entry doors that do not properly lock making it difficult to open the door from within the unit, IPMC 304.18.2 (REPEAT) -Missing window lock, IPMC 305.3 -Carpets and bed coverings are dirty and insanitary and window coverings are tom and not maintained in good condition, IPMC 309.1 -Failure to properly treat for cockroaches and remove debris, carcasses and feces from surfaces within rooms, IPMCIPMC 403.2 -Ventilation fan in bathroom in inoperable, IPMC 504.1 -Toilet damaged , tub spout damaged, showerhead leaking and link under the sink, IPMC 602 .3 -Failure to provide a working heater within the dwelling unit, IPMC 605 .1 -Damaged wall receptacles, missing outlet and telephone jack wall plate covers, unsecured light switches and missing thermostats and covers, PMC 16.05.010 -Baseboard and radiant heaters being replaced by wall heaters without obtaining permits from Labor & Industries and the City of Pasco and repairing floor joists, damaged drywall and insulation without a building permit, PMC 5 .60.010 (REPEAT) -Renting motel rooms as a long tem1 basis as apartments (30+ days) without a City of Pasco rental licen se, PMC 5 .60 .030 -Renting motel rooms as long term dwelling units without first submitting a passing habitability inspection report for each room and PMC 9.120.050 -Graffiti carved into furniture and appliances. Ms. Johnson discussed the notification process for violations observed, previous notices sent and violations on this property. Based on a final inspection of the property completed on March 6, 2019, 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 abate the violations or pay a daily penalty of $400 per day for 10 days and to impose a repeat penalty of $200 . Mike Song Hwang, 414 W Columbia Street, spoke on behalf of this case. Danette Valdez, 414 W Columbia Street, spoke on behalf of this case. CODE BOARD DECISI ON: Board Member Granbois moved , seconded by Board Member Rawlinson, that the actions taken by the City were appropriate and timely. The motion carried unanimously. Board Member Granbois moved , seconded by Board Member Rawlinson, to give the respondent 20 days to abate the violations or pay a daily penalty of $500 per day for 10 days and to impo se a repeat penalty of $1,000. The motion carried unanimously. iii. City of Pasco vs. Irwin, Robert, case number CEB2019-0083, for the property located at 2103 N l81h Dr 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 thi s property were IPMC 302.8 (REPEAT) - Inoperable, wrecked vehicle stored in the rear of this property off the alley and PMC (REPEAT) - Plywood, broken furniture, tires and vehicle parts stored outside the garage. 03072019 CEB Minutes Page 2 of 4 Ms. Johnson discussed the notificati on process for vio la tions observed, previous notices sent and vio la ti o n s on this property. Based on a final inspection of the property completed on March 7, 2019, the property was still in violati on of the Pasco Municipal Code accordi ng to staff. The City of Pasco recommended giving the respondent 10 days to abate the violations and imposing a repeat penalty of $200. Karen lrwin, 2103 N I 8 1" Drive, spoke on behalf of this case. CODE BOARD DECISION: Board Member Rawlinson moved , seconded by B oard Member G ranboi s, th a t th e action s taken by the C it y were appropriate and timely. The motion carried unanimou s ly. Board Member Rawlinson moved, seconded by Board M e mber Speer, to give the respondent 30 days to abate the violations or p ay a d ai ly p ena lty of $100 per d ay for 10 da ys and to im p ose a repeat penalty of $200 to be held in a beya nce for 12 months and dismissed if no furth er v io lations in t hat time. The motion carri ed unanimously. iv. City of Pasco vs. E ldhardt, Kathv, case number CEB2019-0076, for the property located at 1707 W Bonneville St Troy Hendren, Inspection Services Manager, asked Code Enforcement Officer, Rosanna Johnson, to read the case facts into the record. Ms . Jo hnson indicated that the c ited vio lations on thi s property were rPMC 302.8 (REPEAT) - Inoperable, wrecked vehicle stored in the rear of this property off the a ll ey and PMC (REPEAT) - Plywood, broke n furniture , tires a nd vehicl e parts stored outside the garage. Ms. Johnson discussed the n otificati o n process for v iolations observed, previous notices sent and vio lations on this property . Based on a fin a l inspection of the property comple ted on March 6, 20 19 , the property is in compliance at t his time. The C ity of Pasco recommended imposing a repeat penalty of $200. Kathy E ldhar dt, 1707 W Bonneville Street, spoke on beh alf of this case. CODE BOARD DECISION: Board Member Granbois moved, second ed by Board Member Speer, that the acti ons taken by the City were appropriate a nd timel y. The motion carried unanimous ly. Board Member R awlinson m oved, seconded by Board M ember Speer, to impose a r epeat penalty of $200 t o be held in abeyance for 12 months and dismissed if no further violati ons in t hat tim e. The m otion carried unanimously. v. City of Pasco vs. Cardenas, Rosa, case number CEB2019-0145, for the property located at 104 S Tacoma Ave Troy Hendren, Inspection Services Manager, asked Code Enforcement Officer, Rosanna Johnson, to read the case fact s into the record. Ms. Johnson indicated th at the c ited violations o n t hi s property were IPMC 108.1.1 -Apartment unsafe and uninh a bitable as it does not conta in permanent heat, proper e mergency egress nor required smoke and carbon monoxide detectors, IPMC 108.1.4 -2nd Story room in commercial structu re has been illega ll y converted to a residential dwelling unit, IPMC 10 8.1.5 (REPEAT) -Commerc i a l building is being used 03072019 CEB Minutes Page 3 of 4 for residential occupancy, IPMC 402.2 (REPEAT) -Failure to provide illumination for safe access to in terior stairs leading to illegal dwe lling unit , IPMC 403.4 -Bathroom and kitchen do not have ventilation system s which exhaust to the exterior of the structure, IPMC 403 .5 -No ex terior venti lation system for the c lothes dryer, IPMC 602.3 -Illegal 2nd story dwelling unit does not have permanent heat in any room, IMPC 702.1 -No means of egress from the bedroom, IPMC 702.4 -Windows in living room and kitchen do not meet egress size standard s and are covered by metal security guards which do not have relea se handles, IPMC 704.2 -Failure to provide required operable smoke detectors, PMC 16 .05.010 - Failure to obtain a permit to convert 2nd floor mezzanine space to a dwelling unit and permit must be obta ined to demolish the improvements made to thi s area and PMC 25.100.020 -Residential occupancy is not a permitted use of a C-3 zone. M s. Johnson discussed the notification process for vio lations observed, previous notices sent and vio lations on this property. Based on a fin a l inspection of the property completed on March 5, 2019, the property was still in vio lation of the Pa sco Municipal Code according to staff. The City of Pasco recommended giving the respondent 10 days to abate the vio lations or pay a daily penalty of $200 per day for 10 days and imposing a repeat penalty of $200. Tony Cardenas, 3812 Adobe Court, spoke on behalf of this case. CODE BOARD DECISION: Board Member Granbois moved , seconded by Board Member Rawlin so n, that the actions taken by the City were appropriate and timely. The motion carried unanimously. Board Member G ranbois moved , seconded by Board Member Rawlinson, to give the respondents 10 days to abate the violations or pay a daily penalty of $200 per day for 10 days and to impose a repeat penalty of $200. The motion carried u nanimou sly. b . Amendments c. Dismissals d . Motion Board Member Rawlinson made a motion to approving Resolution No. 2019-003, Board Member Speer seconded. The motion carried una nimou sly. E. STAFF REPORT AND OTHER BUSINESS : F. ADJ OURNMENT There being no further business before the Pasco Code Enforcement Board, the meeting was adjourned at 8:2 7 p.m . Krystle Shanks, Administrative Assistant II Community & Economic Development 03072019 CEB Minutes Page 4 of 4 MEMORANDUM April3,2019 TO: Rick White, Director Community & Economic Development FROM: Troy Hendren, Inspection Services Man Community & Economic Developmen SUBJECT: Code Enforcement Activity Reports Reports for the Month of February, 2019 Please find attached copies of the Code Enforcement Activity Reports for the month of December: (1) CEB Resolution The resolution shows all the Code Enforcement Board actions and cases that the Board has ruled on at their monthly h earing. (2) Status Report Code Enforcement Inspections, February, 2019 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 issue d as a result of the initial inspection. Distribution: Dave Zabell , City Manager Stan Strebel, Deputy City Manager Rick White, C&ED Director Michael Morales, Deputy C&ED Director Zach Ratkai, A&CS Director Steve Worley, Public Works Director Troy Hendren, Inspection Services Manager Angela Pashon, Policy Analyst Bob Gear, Fire Chief Bob Metzger, Chief of Police Jon Funfar, Media Specialist Jake Hickman, Cr oss-Connect Specialist Code Enforcement Board CITY OF PASCO CODE ENFORCEMENT BOARD RESOLUTION RESOLUTION NO. 20 I 9 -2 A RESOLUTION find ing t hat code violations have been corrected and may be dismissed wi th out penalty, deferring action on certain cases pending proper notification, accepting vo lu ntary correction agreements, and assessing penalt ie! on certain cases. WHEREAS, the City of Pasco has fo und that there exist conditions on certain properties that constitute violations of the Pasco Municipal Code; and WHEREAS, the Code Enforcement Board has the authority to affirm. dismiss, or modify notices of civil violati ons issued by the City: NOW BE IT RESOLVED BY THE CODE ENFO RCEMENT BOARD OF THE CITY OF PASCO: T hat t he following cases be dismissed without penalty: Service ~ ~ CEl320 17-2006 BENSON D KRULL (JR ) --- CE B2017-3179 KEVIN AND KATHY SCHECKLA CEB20 18-1098 VIRIDIA NA V CAMBA (ETAL) CEB20 18-11 98 EFREN R & IRMA SANCHEZ DE MOJI CA CEl320 18 -1221 LAPE LIVIN G TRUST CEB20 18-1263 ROSA LEAL CEB20 18-1637 VERNON L & SANDRA J RICHARD SON CEB20 18-1649 ENRJQUE & CORA VAR GAS CE B2018-1789 WILLY K BIRECM (ETUX) CEB20 18-1796 JORGE ALFREDO MORALES CEB20 18-1800 ALFONSO & MARGARITA ESCAMILLA CEB2018-1835 ROBERT A SURMAN ~ ~ Other Page 1 o f 5 ~ BmAl Q1!ih'. M2nklm' ~ Q1h£[ CEB2018-1879 EULALIA SOLANO CEB2018-1 982 BIG CREEK LAND CO MPANY LLC CEB201 8·2021 ROBYN L & BRAD K CHENOWETH CEB20 18-2024 JAVIER & RENEE PERALTA CEB20 I 8-2048 GILBERTO TORRES CEB2018-2055 PEDRO & MARTHA SOTO CEB2018-2056 DANIEL& NAYELI MIRANDA CEB2018-2057 CLARENCE B YOUNGER CEB2018·2058 GABRIEL & TERESA GUZMON CEB20 18-2059 E & P l'ASCO LLC CEB20 I 8-2072 ROBERT & PATRICIA PERDUE CEB201 8-2073 LANEEASNOW CEB2019-0002 DENNI S WESLEY DAHL Be it furth er resolved the following people were not properly notified of a lleged violations of the Pasc:o Municipal Code a nd hearings fo r their cases should be d efe rred until su ch times as they are properly notified: Service ~ Illih: M2nfil!Y ~ Q1h£[ Be it further resolved that the Code Enforcement Board accepts or continues the below listed cases and volun ta ry correction agreements: ~ &wl QW M2nllilY Dismissed Q1h£[ CEB20 17-3 I I I AUSTIN J BITTON CF.02017-3 198 DANIEL. YEPEZ CEB20 18-0004 LUI S I ALCARAZ Page2 of5 Smi£ &.w1 QWb: M2fil1m 1llil!J.im!l. Q1hg CER20 18-0593 RAMIRO & ANNA MENOOZA CEB2018-0759 SA LV ADOR M END EZ CEB20 18-0905 FRANCISO J CORREA CEB2018-1685 CARLOS CORTEZ C EB20 18-1712 JORGE G & SON I A NAVA RR O CEB2018-1714 COLUMBIA REAL ESTATE INVESTMEN' CE B2018-1902 CARL G HOLDER CEB20 18-2008 FIDELINA M ENDEZ CEB20 18-2033 JESUS VERA ACEVEDO CEB2018-2034 CHRISTOPHER C & ANDREA D L EE CEB20 18-2036 ANDRES & GLORI A E CARR CEB2018-2045 C HARLES Y PARKER (ETAL) CEB201 8-2054 GRAMERCY PROPERTIES LLC CE B2 0 18-2060 JESUS CORREA CE B2018-2082 MARIA DOLORES PALACI OS Be It further resolved that the followlng cases are now In compliance. However, proper notification of certain people required use of a professional process server and a monetary service penalty of forty-five dollars ($45.00) is assessed in each case therefor; and cert1in properties and people were found in repeat violation of the Pasco Municip1I Code ind a minimum mand1tory monetary penalty is assessed for each repe1t violation therefor; and certain properties and people were assessed 1 minimum m1ndatory monetary pen11ty of fifty dollars ($50.00) for cert1in violation(s) of the Pasco Munlcip1I Code therefor: ~ &.w1 ~ ~ ~ Q1hg Be it further resolved that the following people were properly notified of alleged violations of the Pasco Municipal Code but have failed to appear before the Pasco Code Enforcement Board for hearings on the date prescribed and said alleged violations have not been 1bated as required or were abated by the City and abatement costs, timefr1mes for compliance and dally monetary penalties in the a mounts not to exceed those established by PMC 11.02.050 and as may be determined by the Commun ity Development Director are assessed for each civil violation therefor: Page 3 of 5 ~ ll&WJ ~ M2.o.mtY Dismissed ~ CEB2018-0109 MICHAEL & JONE1TE ATKINSON one hundred dollars($ 100) CEB2018-1255 MARIA DEL CARMEN VALDEZ fifty doll ars ($50) CEB20 18-1294 NATHAN IEL A BROWN fifty dollars ($50) CEB20 18-1603 DENN IS D & CHRI STI NE L G IS I fifty dollars ($50) CEB20 18-1614 LONG RIVER PROPERTY LLC fou r hundred dollars ($400) two hundred doll ars (S200) C EB20 18-1772 DUSTIN W UTECHT fifty dollers (S50) CEB2018-1779 AGUSTIN OCAMPO fi fty dollars ($50) C F.B2018-1 786 MARK S & MARC ELLA R GEORGE fi fty dollars (S50) CEB20 18-1856 MATTHEW CHAMBERS fi fty dollars ($50) CEB2018-2043 EM MAN UEL !BARRA (ETUX) fi fty doll ars ($50) CEB20 19-0009 IM F.LOA CONTRERAS (COSIO) fo ur hundred d o llars ($400) two hundred dollars ($200) CEB20 19-0041 J & V PROPERTY IN C one hundred dollars ($1 00) CEB20 19-0072 GA RY W & J EANETTE ADKINS fifty dollars ($50) Be it further resolved t ha t the followi ng people were properly notified of alleged vio la tio ns of t he Pasco Municipal Code and have a p pea red before th e Pasco Code Enforcemen t Board for hearings on th e date prescribed and t he Board issued o rders therefor: Smill ~ CEB20 18-0490 REYNA V TREJO CEB20 18-2079 GUADA LUPE MART INEZ (ETUX) fo ur hundred d ol lars ($400) l&ih: fi fty dollars ($50) M2lillAD'. l2i.filni=I. Q1W Be it furth e r reso lved that, pursuant to P MC 11.02.060 (4)(d), a ny person who fails to collect o r accept the certifi ed mail copy of the Board's deci sion may be required to be served a copy of the decisio n via professional process serv e r, a nd all such cost s for personal service of the decision are hereby assessed . Page 4 ofS Totlll number of cases: 58 Passed by the Code Enforcement Board of the City of Pasco on February 7, 2019. r-' \ I / I )'-11 I l .# ./ Dani~ttsc~lk, Chairperson Page 5 of5 STATUS REPORT CODE ENFORCEMENT INSPECTION FEBRUARY 2019 PREVIOUS OFFICER MARTIN ROSANNA NICK ERNESTO JAKE MONTHLY MONTH YEAR TO TOTAL YEAR TO DATE DATE VIOLATION TYPE Public Nuisance 27 29 22 0 2 80 64 144 Business Licenses 8 8 6 0 NA 22 24 46 Rental Licenses 0 1 2 0 NA 3 1 1 14 Dog Licenses 1 0 0 0 NA 1 0 1 Animal Nusiances 3 0 0 0 NA 3 12 1 5 Rental Inspections 0 6 2 338 NA 346 280 626 Vehicles Tagged 2 0 1 0 NA 3 4 7 CASES OPEN MONTHLY TOTAL 41 44 33 338 NA 456 394 850 CASES CLOSED MONTHLY TOTAL 12 44 40 0 NA 96 105 201 Note: Coun ts reflect only Code Enforcement Inspections that r esulted in an issuance of an initial written Correction Notice.