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HomeMy WebLinkAbout06062019 Code Enforcement Board Hearing PacketMEMORANDUM DATE: June 04, 2019 TO: Code Enforcement Board FROM: Troy Hendren Inspection Services Ma Community & Econo · c SUBJECT: CEB Determination Hearing June 06, 2019 Distribution D Gottschalk awlinson T Granbois D Speer I am writing to confirm that the Code Enforcement Board will meet June 06 , 2019 at 7:00 p.m., in Pasco City Council chambers. Please find attached the following: (1) An agenda for June 06, 2019; (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 Zach Ratkai, Administrative & Community Services Director Code Enforcement Officers: Martin Barajas, Rosanna Johnson, Irineo Leos, Nicholas Potvin, Ernesto Gomez Cross Connect Specialist: Jake Hickman Angela Zilar, Tri-Cities Animal Control Agenda for the Code E nforcement Board of the City of Pasco, Washington June 06, 2019 at 7:00 pm A. CALL TO ORDER B. ROLLCALL Board Members Present C. ADOPTION OF MINUTES D . HEARINGS Admini s tr ation of Oaths H earings Scheduled CEB2019-0458 616 W BONN EVILLE ST-ANA MARJA CENTENO (ETAL), owner Rosanna Johnson, Code Enforcement Officer Descnj;tion: Storing more than on e in op erable vehicle in th e rear yard. inoperable vehicles are not within a fully enc lo sed s tru c ture or sight screened.fence. PMC 25. 165.200 (2) (A-DJ Viol ation: Only one (I ) inoperable vehicle may be stored outside of a fully enclosed building on the property in any re s idential zone. The ve hicle shall not be stored upon a publi c right-of-way or in the front or side yard areas of th e property. The vehicle must be lo cked and secured at all times it is unatt ended and mu s t be stored on an approved hard surface (i.e. gravel , as phalt or concrete) beh ind a completely enclos ed s ix (6) foot fence , which is fully sight obscuring. All vehicle parts not pr operly in stall ed upon a vehicle shall be stored inside a full y enclosed building or within the vehicle itself. Corr ect ive Ac tion : Store all inoperable vehicles wit hin an enclosed building (such as a garage or shed). One ve hicle may be stored outside an enclosed building in compliance with the pro visions abo ve. All other ve hi c les must be removed from th e prop e rt y or made operable. Store all ve hi cle parts in an enclosed building, within the vehicle or remove th e part s from th e prop e rt y. D esc ription : Vehicles in th e rear yard are parking in front of th e garage on an unapproved s urface {dirt). PMC 25. 18 5.030 (4) Violation: Vehi c le s are being parked on an unappro ved sur face (such as dirt or grass). Corrective Action: Par k ALL vehicles on an appro ve d s urfa ce such as as phalt , gravel or concrete. D esc ripti on : In operable. damaged recreational vehicle in th e rear yard being used as a storage contain er must be rem oved. PMC 25.45.030 (3) Violation : Allowing s torage co ntainer on the property . Per PMC 25 .15 .210, a container sto rage means a un it origina ll y or specifically used or designed to s tore goods or merchand ise du ri ng s hipping or ha ul ing by a vehicle, including but not limited to rail cars of any kind, tru ck trailers or multi -moda l shi pp ing containers. This definition al so includes mobi le homes used for storage rather than habitation . Correc tive Action: Remove storage co ntainer from the property to an approved lo cation. D escription: Damaged, unpermitted a nd improperly in stalled.fence in the rear yard along th e public alley way. CE B Agenda Page I of 2 (REPEAT) PMC 9.90.040(11) Violation : Any unsigh tly b uilding, bi ll board, fence, excavation, or other structure, or a ny abandoned o r partially destroyed building, fe n ce, ex cavat ion or structure, o r any bui lding, fence, excavation or structure commenced and left unfinished. Corrective Action : Make necessary repairs to buil ding(s), billboard(s), fence(s) and/or other dilapidated structures, complete str uct u re or excavation or demolish and lawfully remove structure(s) from the property. Descrip tion: Accumulation of vehicle tires, vehicle parts (<;tared in truck bed and side of garage), conta in ers of vehicle oils and fluids, concrete chunks, wood, old windows, bicycle tires . appliances, trash and miscellaneous debris throughout the rear yard. (REPEAT) PMC 9.90.040 (9) Violation: Scrap metal , ashes, bric-a-brac, broken stone or cement, broken crockery, broken g lass, broken pl aster, a utomobile bodies and/or pans, and all such trash o r abandoned material that are not kept in a ppro ved containers. Corr ective Acti on: Remove a ll vehicle p arts, scrap metal , machinery, disassembled vehi cles, e tc. from t h e property or store these items in an enc losed container or bui ld ing. Remove and lawfully dispose of all junk items (e.g. any items or which have ser ved their intended original purpose) and unusable vehicle parts. Amendments Di smissa ls Motion E. STAFF REPO RT AND OTH ER BUSINESS F. A DJOURNMENT This m eetin g is broadcast li ve on PSC-TV Channel I 9 1 on Chart er Cable and stream ed at www.pasco-wa.gov/ps ctvlive. Audio equipmen t available for the hearin g impaired ; contact staff fo r assistance. CEB Age nd a Pa ge 2 of2 A. CALL TO ORDER CITY OF PASCO CODE ENFORCEMENT BOARD MINUTES MEETING OF MAY 2, 2019 Chairperson Granbois called the regular meeting of the Code Enforcement Board to order at 7 :00 p .m. B. ROLLCALL a. Board Members MEMBERS PRESENT Thomas Granbois James Rawlinson Dwayne Speer Mary Gutierrez C . ADOPTION OF MINUTES: MEMBERS ABSENT Daniel Gottschalk Board Member Rawlinson moved, seconded by Board Member Speer, that the minutes of the April 4, 20 19 meeting be approved. The motion carried un a nimously. D . DETERMINATION HEARINGS: Chairperson Granbois explained the procedure and purpose for the meeting, noting th at the City of Pasco was th e 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 . Hearin gs i. City of Pasco vs. Ramirez, Refugio, case number CEB2018-1715, for the property located at NKA East B Circle Troy Hendren, In spection Services Manager, asked Code Enforcement Officer, Rosanna Johnson, to read the case facts into the re cord . Ms. Johnson indicated that th e cited violations on thi s property were IRC R 109.1.6 -Failure to obtain a final passing in spection for construction of the galvanized fence on site (Abandoned Permit #B 13-0072), PM C 25.54.020 -The property is being used as a junk ya rd and scrap yard w ithout a n active permit a nd recreational vehicles occupy the site, PMC 25.54.020(2)(a) -Scrap metal and junk vehicles are not stored behind an 8' sight-obscuring fence and/or fence is not a solid single neutral co lor, PM C 25.54.020(2)(b) - Automobile parts, junk or sa lvage materials are visible from the right-of-way and not properly stored behind the required sight-obscuring fence , PMC 25.54.020(2)(c) -Fire lanes are not maintained as required by the IFC , PM C 25 .54.020(2)(d) -No in surance bond has been provided for use of thi s property as a crap or junk yard, PMC 25 .69.040(1)-Recreational vehicle within the enclosed fence area appears to be occupi ed on an overnight basis , PMC 9.60.030(16) -Weeds and debris throughout which poses a fire hazard due to the condition of the property and PMC 9.60 .030(6) -Trash, litter and debris is discarded on the propert y, not disposed of in approved containers or contained in a way the prevents it from blowing to adjacent properties or the public right-of-way. Ms. Johnson discussed the notification process for v iolations observed , previous notices sent and vio la ti ons on this property. Based on a final inspection of the property completed on May 1, 20 19, the property was sti ll in violation of the Pasco Municipal Code according to staff. 05022019 CEB Minutes Page 1of4 The City of Pa sco recommended impos ing the d a il y penalty fo r a tota l o f $4,000 and correct any remaining vio lat ions o r the C it y w ill abate the property, o btaining a warra nt from Supe ri or Court if needed to proceed . Refug io Ra mirez, 28608 S. Carl son Road , Kennewi c k, WA, s poke on be ha lf of this ca se. He submitted photos and em a il s into the record. CODE BOARD DECISION: Board Member R aw lin son moved, seconded by Board Member Speer, t ha t th e actions taken by the City were a ppropriate and tim e ly. The mo ti on carried u nanimously. Board M ember Speer moved , seconded by Bo ard M emb er Rawlinson , to impose the d ai ly p enalty for a total of $4,000 and correct any remainin g violations or the City wi ll aba te the property . T he motion carried un anim o us ly. 11. City of Pasco vs. Aguirre, Daniel, case number CEB2019-3224, for the property located at 3224 W Yakima Street Troy H endre n , Inspection Services Mana ger, asked Code Enforcement Officer, N icho las Po tvi n , to read th e case facts into the record . Mr. Potv in indicated that the c ited violati o ns o n thi s property were PM C 25.150.020 -Rebuilding vehicles and rebuilding m o tors wi th the int ent to sell, PMC 25.150 .040( 13) -Noise and v ibra tio ns are be ing generat ed by the work being done on the vehicles and the delivery of the vehicles by semi-trucks or to w tru cks and PMC 25.165.200(2)(A-D) -Multipl e inoperable vehicles are stored or kep t on the prope rty. Mr. P otvin discussed th e notifi cati on pro cess for vio lat io ns observed , previous notices sent a nd v io lati o ns o n this propert y . Based o n a fina l inspection of the property comp leted on May 2, 2019, th e property was st ill in v io la ti o n of the Pasco Munic ipa l Cod e according t o s t aff. The City of Pasco recornn1 e nd ed g iving th e respond e nt I 0 days to correct the remaining viola ti on s on th e property o r pay a dai ly p ena lty of $200 per day for 10 days. Daniel Aguirre, 3224 W. Yakima Street, s poke o n beha lfof this case. CODE BOARD DECISION : Board Member Gutierrez moved , seconded by Board Member Raw linson, that t he acti ons taken by the C it y were a ppropria te and timel y. The mo ti on carried una ni mous ly. Board Member Rawlinson m oved , seconded by Board Member Speer, to give the respondent 90 days to a bate the remaining v iol ations or pay a d a il y p e n a lty of $300 pe r day for 10 d ays. The mo tion carried u na nimo u s ly. iii. City of Pasco vs. Rebolledo, Jaime, case number CEB2019-03 17, for the property locate d at 1121 W Bonneville St Troy H end ren, Ins p ect ion Services Manager, asked Code Enforcement Officer, Martin Barajas, to read the case fac ts into th e reco rd . Mr. Barajas indi cated that the c ited viola tions on this property were IPM C 108.1.3 -Renting basement rooms t hat have no emergency egress avai lable in a basement th at is not habit a bl e, hazardou s conditions inc lu d ing a kit c hen in th e basement , in sa nitary dw e ll ing inc luding cockroach infesta ti on and occup a ncy has never been a pproved for the basement, PMC 16.05.0 10 -Unperrnitted improvements including a kitc hen a nd bathroom in the basement and garage converted into li vi ng s pace, PMC 5 .6 0 .010 -Renting 050220 19 CEB Minutes P age 2 of4 rooms wi th out a C it y of Pasco rental dwelling lice n se a nd PMC 5.60.030 -No Certifi cate of Habitability Insp ection on fil e for t he re s ide nti a l re nt al dwelling. Mr. Barajas discussed the notification process for violat ions observed , previous no ti ces se nt and violations on thi s property. Based on a final inspection of the property comp l et ed on M ay 2 , 20 19, the property was still in v iol ation of the Pasco Munic ipa l Code a ccording to staff. The City of Pa sco recommended giving the 10 days to abate any remaining vio lations or pay a dail y penalty of $400 p er day for I 0 days. Rafael Ignacio Gutierrez, I 008 W. S ho shone, spoke on behalf of thi s case. CODE BOARD DECISION: Board Member Speer moved, seconded by Board Member Gutierrez, that th e acti ons taken b y th e C i ty were appropriate a nd timely. The motion ca rri ed unanimously. Board M e mbe r Speer mo ved , seconded by Board M embe r Rawlinson, to g ive the respondent I 0 da ys to abate a ny re maining viola ti ons or pay a daily penalty of $400 per da y for 10 days . The motion carried unanimously. iv. Citv of Pasco vs. Sohal Development LLC, case number CE B2019-0335, for the property located at 1800, 1825 & 1905 W Lewis St Troy H endren, In spec ti on S erv ices Manager, asked Code Enforcement Officer, Rosanna Johnson , to read the case fac ts int o the record. Ms. Johnson indicated that th e c it ed v iolations on thi s property were IFC 304.2 -Accumulation of m attresses, old furnitur e a nd building material s througho ut the vacant portio n of this building po ses a fire hazard, IPM C 304.13.1 -Broken w indows throug hout rear of building fa c ing W. Bonnevill e Street, windows are at ground level a nd accessibl e by guests of the propert y and the gene ral public (Windo w in Room # 15 3 has been broken s ince December 201 8 ), IPMC 304. 7 -Roof i s lea king througho ut east e nd of th e building, trees a long south s id e of t he building ha ve grown against and d a ma ged the fasc ia boards a nd roof tri m , IPMC 305.3 (Re peat) -Ca rpets thro ughout a re not mainta ined cl ea n and lo ose at seams posing a tripping haza rd , IPMC 309.1 (Repeat) -Roach infestati on throu g hout the building, lPM C 403.4 - Kitc hen ventil a ti on fan i s in operab le , fPM C 605.1 -Light fi x tures a re miss ing covers a nd/o r a re unsec ured , IPMC 704.2 -Smoke d etect o r is not mounted and/or mi ssing backup ba tt e ry a nd not connecte d to the building a larm system, NFPA I 0:7.3.2. I (Repeat) -Failure to have a ll fi re extingu is he rs inspected on a n a nnual basi s -extingui s hers expired M ay 201 8, PM C 25.10 0.020 -U npermitted us e of thi s property as a lo ng term renta l d welling building (30+ days continuous occupation of th e pre mi ses), PMC 25.180.11 0( 1) -Weed s, tu mbleweeds , accumulation of pine needles a nd leaves throu ghout land sca ping a reas , PMC 5.60 .0 10 -Property is not li censed to offer lon g term re nt a l dwell ing u ni ts and PMC 9.90 .03 0(4) (Repeat) -A ll owing hazardous conditions to remain o n the property whic h pose a hazard to the occupants an d guests o f the property. Ms. Johnson d iscu ssed th e n otifica t ion p rocess fo r v io lations observed, previous no ti ces sent and v io la t ions o n th is property. Ba sed o n a final inspecti on of the property completed on M ay I , 20 19, t he prope rty was s till in violation of the Pasco Municipa l Code accordin g to s taff. The C ity of Pasco recommended imposing a r epeat penalty of $500 and gi v in g the r es p o nd e nt 10 days to abat e a ny remaining v iol ations or pay a da ily penalty of $500 per day for I 0 days. Jerry Hudne ll , 1800 W. Lew is Street, s pok e on beha lf of thi s case. 0502 2019 CE B Minutes P age 3 of 4 CODE BOARD DECISION: Board Member Speer moved , second e d by Board Member Rawlinson, that th e acti ons tak en b y the Ci ty were appropriate a nd timely. The mo ti on carried una n imous ly. B oard Member Rawlinson moved , second ed by Boa rd Member Speer, to impose a repeat vio lation of $500 and give the respondent I 0 d ays to correct any remaining v iolations or pay a da il y penalty of $500 per day for 10 d ays . The motion carried unanimo us ly. b . Amendments i. City of Pasco vs. Krueger, Raymond, case number CEB2019-0302, for the property located at 5906 W Sylvester St c. Di smi ssals d. Motion Board M e mber Speer made a moti on to approving Reso luti on No. 20 19-005 , Board Member Rawl in son second e d . T he motion c arried unanimous ly. E. STAFF R EPO RT AND OTH ER B US INESS : F. ADJ OURNMENT There bei ng no further bu siness before the Pa sco Cod e Enforcement Board, th e meetin g was adjourned at 9: 11 p .m . Kryst le Shanks, Admini strative Assistant II Community & Econo mic D evelopment 050220 19 CEB Minutes Page4of4 MEMORANDUM June 4, 2019 TO: Ri c k White, Director C ommunity & E conomic D eve lo pme nt FROM: Troy He ndre n , Ins p e ction S ervices Mana e C ommunity & E c ono mic Deve lopme nt SUBJECT: Cod e Enforcem e nt Activity Re ports Re ports for the Mo nth of April, 2019 Please find a ttached copies of the Code Enforce ment Ac tivity Reports for the month of April , 2019: (1) CEB Resolution The r esolution show s all the Code Enforcement Board actions and c ase s tha t the Board h a s rule d on at their m onthly h e aring . (2) Sta tu s Re port Code E nforcem e nt Ins p ections This r e port li s t s a ll ins p ections p er fo rme d b y individual s taff for t h e month. T o b e counted a s an "inspection" a written "correction n otice" mus t have b een iss u e d a s a result o f the initial ins p ection. CITY OF PASCO CODE ENFORCEMENT BOARD RESOLUTION RESOLUTION NO. 2019 -4 A RESOLUTION finding that code violat ions have been corrected and may be di smissed without penalty, deferring action on certain cases pending proper notification, accepting voluntary correction agreements, and assessing penalt ie! on certain cases. WHEREAS, the City of Pasco has found 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, dismi ss, or modify notices of civil violations issued by the City: NOW BE IT RESOLVED BY THE CODE ENFORCEMENT BOARD OF THE C ITY OF PASCO; That the following cases be dis missed without penalty: Service ~ Daily CE B2018-0458 GABRIEL MENDOZA CE B2018-0759 SALVADOR MENDEZ CE B20 18-17 12 JORGE G & SONIA NAVARRO CEB2018-1815 SERG IO & RACHEL LUNA CEB2018-2034 CHR ISTOPHER C & ANDREA D LEE CEB 20 I 9·0091 D & D ENTERP RJ SES LLC CE B2019-0097 LUC INDA & VICTOR ZACARlAS-MANUI CE B2019 -0134 MORALES, JOSE LU ISE & ABIGAIL CE B2019-0177 ALEJANDRO GARCIA MORALES CEB2019-024 7 GUILLERMO ARROYOS CE B20 19-0251 KLAUS GOEITEL CEB20 19-0277 JO SE & LETIC IA VELASCO M2!l£lID' Dismi ssed Q!h.ru: Page I of3 Be it further resolved the following people were not properly notified of alleged vio lations of the Pasco Municipal Code and hearings for their cases s hould be defe rred until such tim es as they are properly notified: ~ &;wt Daily ~ ~ Qllw: CEB2019-0 179 JES US PARRA TEJEDA Be it further reso lved that the Code Enforcement Board acce pts or continues the below listed cases and voluntary correction agreements: ~ ~ l&ili' ~ Dismi ssed O the r CEB2018·1466 TYSON & TI FFANY FELLMAN ~ CEB20 18-1685 CARLOS CORTEZ r.{;;;s~ ~ CEB 2018-1902 CARL G HO LDER CEB2 0 18-2028 KE N HOFSTAD (ETAL) C EB2019-0053 REF UJI O INFANTE C EB 2019-0093 ANDY & JULIETA RAM IREZ CEB20 19-0098 PASCO SCHOOL DISTRICT NO. I C EB2019-0 165 T AHJTIAN LLC CEB2019-0 l 73 KEVIN RATHANA SIN CEB201 9 -02 16 MELANIE TERASIT A CANTU Be it further resolved that the following cases are now in co mpliance. However, proper notification of ce rtain people required use of a profess ional process server and a monetary service penalty of forty-five dollars {$45.00) is assessed in each case therefor; a nd certain properties and people were found in re peat violation of t he Pasco Municipal Code and a minimum mandatory monetary penalty is assessed for each repeat violation therefor; and certain properties and people were assessed a minimum ma ndatory monetary penalty of fifty dollars {$50.00) for certain violalion{s) of the Pasco Municipal Code t herefor: ~ Repeat Qfil!x ~ ~ ~ CEB20 I 9-0233 RAYM OND ALAN & TRACEY J RODGER two hundred dollars ($200) CE B2019-023 8 LYDIA TOB IAS two hundred dollars ($200) C EB20 19-0268 WILLIAM T YO UNG two hundred dollars ($200) Be it further r eso lved that the following people were properly notified of a lleged violation s of the Pasco Municipal Code but have failed to a ppear before the Pasco Code Enforcement Board for he arings on the date prescribed and sa id a lleged vio lation s have not been abated as required or we re abated by the C ity a nd a batement costs, timeframes for com plia nce a nd daily monetary penalties in the amounts not to exceed those est ablished by PMC 11.02.050 and as may be determined by the Community Development Director are assessed for each civil violation therefor: Page 2of3 Service ~ Daily M2n£l1!D' ~ ~ C EB20 17-3198 DANIEL YEPEZ one hundred dollars ($I 00) CEB20 18-0015 JUAN M & LUZ M LI ERA fifty dollars ($50) C EB2018-1956 JUAN R & D IANA M (TRUSTEES) MURIL fi fty dollars ($50) C EB20 19-0036 LANCE & MELINDA IRVINE fifty dollars ($50) CEB20 19-0l 12 RE IJA DESHAZO forty-live dollars ($45) one hundred dollars ($100) one hundred dollars ($100) C EB2019-0 169 RO SA ELENA TEJEDA two hundred dollars ($200) two hundred dollars ($200) CEB2019-02 14 ISMAEL MORALES-FILOMENO fifty dollars ($50) C EB20 19-0217 C HERYL REPKO fi fty dollars ($50) C EB2019-0220 IGNACIA LARJOS (ETAL) two hundred dollars ($200) one hundred dollars (S I 00) CEB20 19-0226 MARGARITA MARTINEZ two hundred dollars ($200) two hundred dollars ($200) C EB2019-0260 GOODWILL INDUSTRIES OF THE COLUI fifty d ollars ($50) C EB2019-0278 BRUCE BARRETT four hundred dollars ($400) two hundred dollars ($200) Be it further resolved that the following people were properly notified of alleged vio lations of the Pasco Municipal Code and have appeared befor e t he Pasco Code Enforce ment Board for hearings on the date presc r ibed and the Board issued orders therefor: ~ ~ Qfil!y ~ Dismissed ~ CEB2018-0004 LUIS I ALCARAZ li ve hundred d ollars ($500) Be it further resolved that, pursuant to PMC 11.02.060 (4)(d), any person who fai ls to collect or accept the certified mail copy of the Board's decision may be required to be served a copy of the decisio n via professional process server, and a ll such costs for personal service of the decision are hereby assessed. Total number of cases: 39 ode Enforcement Board of the City of Pasco on April 4 , 2019. ATTEST: Daniel Gottschalk, Cha irperson Page 3 of 3 STATUS REPORT CODE ENFORCEMENT INSPECTION APRIL 2019 PREVIOUS OFFICER MARTIN ROSANNA NICK ERNESTO mINEO JAKE MONTHLY MONTH YEAR TO TOTAL YEAR TO DATE DATE VIOLATION TYPE Public Nuisance 12 33 14 0 15 0 74 213 287 Business Licenses 0 0 8 0 0 NA 8 54 62 Rental Licenses 1 2 0 1 0 NA 4 22 26 Dog Licenses 0 2 0 0 0 NA 2 1 3 Animal Nusiances 1 5 0 0 5 NA 6 18 24 Rental Inspections 5 1 12 208 0 NA 226 733 959 Vehicles Tagged 2 1 0 0 0 NA 3 10 13 CASES OPEN MONTHLY TOTAL 21 44 34 209 20 NA 328 1048 1376 CASES CLOSED MONTHLY T O TAL 9 28 29 0 1 NA 66 271 337 Note: Counts refl ect only Code Enfor cement Inspections that resulted in an issuance of an initial wrttten Correction Notice .