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HomeMy WebLinkAbout05022019 Code Enforcement Board Hearing Minutes - ApprovedCITY OF PASCO CODE ENFORCEMENT BOARD MINUTES MEETING OF MAY 2, 2019 A. CALL TO ORDER Chairperson Granbois called the regular meeting of the Code Enforcement Board to order at 7:00 p.m. B. ROLL CALL a. Board Members MEMBERS PRESENT MEMBERS ABSENT Thomas Granbois Daniel Gottschalk James Rawlinson Dwayne Speer Mary Gutierrez C. ADOPTION OF MINUTES: Board Member Rawlinson moved, seconded by Board Member Speer, that the minutes of the April 4, 2019 meeting be approved. The motion carried unanimously. D. DETERMINATION HEARINGS: Chairperson Granbois 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 City of Pasco Ys. Ramirez. Refugio, case number CEB2018-1715, for the property located at NKA East B Circle 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 IRC R109.1.6 — Failure to obtain a final passing inspection for construction of the galvanized fence on site (Abandoned Permit #1313-0072), PMC 25.54.020 — The property is being used as a junk yard and scrap yard without an active permit and 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 color, PMC 25.54.020(2)(b) — Automobile parts, junk or salvage 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, PMC 25.54.020(2)(d) — No insurance bond has been provided for use of this property as a crap or junk yard, PMC 25.69.040(1) — Recreational vehicle within the enclosed fence area appears to be occupied 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 property, 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 violations observed, previous notices sent and violations on this property. Based on a final inspection of the property completed on May 1, 2019, the property was still in violation of the Pasco Municipal Code according to staff. 05022019 CEB Minutes Page 1 of 4 The City of Pasco recommended imposing the daily penalty for a total of $4,000 and correct any remaining violations or the City will abate the property, obtaining a warrant from Superior Court if needed to proceed. Refugio Ramirez, 28608 S. Carlson Road, Kennewick, WA, spoke on behalf of this case. He submitted photos and emails into the record. CODE BOARD DECISION: Board Member Rawlinson moved, seconded by Board Member Speer, that the actions taken by the City were appropriate and timely. The motion carried unanimously. Board Member Speer moved, seconded by Board Member Rawlinson, to impose the daily penalty for a total of $4,000 and correct any remaining violations or the City will abate the property. The motion carried unanimously. ii. City of Pasco vs. Aguirre, Daniel, case number CEB2019-3224, for the property located at 3224 W Yakima Street 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 25.150.020 — Rebuilding vehicles and rebuilding motors with the intent to sell, PMC 25.150.040(13) — Noise and vibrations are being generated by the work being done on the vehicles and the delivery of the vehicles by semi -trucks or tow trucks and PMC 25.165.200(2)(A -D) — Multiple inoperable vehicles are stored or kept on the property. Mr. Potvin 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 May 2, 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 correct the remaining violations on the property or pay a daily penalty of $200 per day for 10 days. Daniel Aguirre, 3224 W. Yakima Street, spoke on behalf of this case. CODE BOARD DECISION: Board Member Gutierrez moved, seconded by Board Member Rawlinson, that the actions taken by the City were appropriate and timely. The motion carried unanimously. Board Member Rawlinson moved, seconded by Board Member Speer, to give the respondent 90 days to abate the remaining violations or pay a daily penalty of $300 per day for 10 days. The motion carried unanimously. W. City of Pasco vs. Rebolledo. Jaime, case number CEB2019-0317, for the property located at 1121 W Bonneville St 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 IPMC 108.1.3 — Renting basement rooms that have no emergency egress available in a basement that is not habitable, hazardous conditions including a kitchen in the basement, insanitary dwelling including cockroach infestation and occupancy has never been approved for the basement, PMC 16.05.010 — Unpermitted improvements including a kitchen and bathroom in the basement and garage converted into living space, PMC 5.60.010 — Renting 05022019 CEB Minutes Page 2 of 4 rooms without a City of Pasco rental dwelling license and PMC 5.60.030 — No Certificate of Habitability Inspection on file for the residential rental dwelling. Mr. Barajas 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 May 2, 2019, the property was still in violation of the Pasco Municipal Code according to staff. The City of Pasco recommended giving the 10 days to abate any remaining violations or pay a daily penalty of $400 per day for 10 days. Rafael Ignacio Gutierrez, 1008 W. Shoshone, 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 Rawlinson, to give the respondent 10 days to abate any remaining violations or pay a daily penalty of $400 per day for 10 days. The motion carried unanimously. iv. City of Pasco vs. Sohal Development LLC, case number CEB2019-0335, for the property located at 1800, 1825 & 1905 W Lewis 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 IFC 304.2 — Accumulation of mattresses, old furniture and building materials throughout the vacant portion of this building poses a fire hazard, IPMC 304.13.1 — Broken windows throughout rear of building facing W. Bonneville Street, windows are at ground level and accessible by guests of the property and the general public (Window in Room #153 has been broken since December 2018), IPMC 304.7 — Roof is leaking throughout east end of the building, trees along south side of the building have grown against and damaged the fascia boards and roof trim, IPMC 305.3 (Repeat) — Carpets throughout are not maintained clean and loose at seams posing a tripping hazard, fPMC 309.1 (Repeat) — Roach infestation throughout the building, IPMC 403.4 — Kitchen ventilation fan is inoperable, IPMC 605.1 — Light fixtures are missing covers and/or are unsecured, IPMC 704.2 — Smoke detector is not mounted and/or missing backup battery and not connected to the building alarm system, NFPA 10:7.3.2.1 (Repeat) — Failure to have all fire extinguishers inspected on an annual basis — extinguishers expired May 2018, PMC 25.100.020 — Unpermitted use of this property as a long term rental dwelling building (30+ days continuous occupation of the premises), PMC 25.180.110(1) — Weeds, tumbleweeds, accumulation of pine needles and leaves throughout landscaping areas, PMC 5.60.010 — Property is not licensed to offer long term rental dwelling units and PMC 9.90.030(4) (Repeat) — Allowing hazardous conditions to remain on the property which pose a hazard to the occupants and guests of the property. 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 May 1, 2019, the property was still in violation of the Pasco Municipal Code according to staff. The City of Pasco recommended imposing a repeat penalty of $500 and giving the respondent 10 days to abate any remaining violations or pay a daily penalty of $500 per day for 10 days. Jerry Hudnell, 1800 W. Lewis Street, spoke on behalf of this case 05022019 CEB Minutes Page 3 of 4 CODE BOARD DECISION: Board Member Speer moved, seconded by Board Member Rawlinson, that the actions taken by the City were appropriate and timely. The motion carried unanimously. Board Member Rawlinson moved, seconded by Board Member Speer, to impose a repeat violation of $500 and give the respondent 10 days to correct any remaining violations or pay a daily penalty of $500 per day for 10 days. The motion carried unanimously. b. Amendments City of Pasco vs. Krueeer, Ravmond, case number CEB2019-0302, for the property located at 5906 W Svlvester St c. Dismissals d. Motion Board Member Speer made a motion to approving Resolution No. 2019-005, Board Member Rawlinson 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 9:11 p.m. Kt-K�'% �< Set�� Krystle ShJnks, Administrative Assistant II Community & Economic Development 05022019 CEB Minutes Page 4 of 4