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HomeMy WebLinkAbout08012019 Code Enforcement Board Hearing PacketMEMORANDUM DATE: July 30, 2019 Distribution D Gottschalk TO: Code Enforcement Board M Gutierrez J Rawlinson FROM: Troy Hendren T Granbois Inspection Services Mana D Speer Community & Econo SUBJECT : CEB Determination Hearing August 01, 2019 I am writing to confirm that the Code Enforcement Board will meet August 0 l, 2019 at 7:00 p.m., in Pasco City Council chambers. Please find attached the following: ( l) An agenda for August 0 l, 2019 ; (2) Minutes of the previous CEB meeting; (3) Code Enforcement Activity Reports for June. If you have any questions, please call (509) 543-5743. TH Attachments: As stated. CC: Dave Zabell, 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, E rnesto Gomez Cross Connect Specialist: Jake Hickman Angela Zilar, Tri-Cities Animal Control A. CALL TO ORDE R B. ROLL CALL Board Members Present C. ADO PTION OF MTNUTES D. HEA RINGS Adm inistration of Oaths Hearings Scheduled Agenda for the Code E nforceme nt Board of the City of Pasco, W as hington August 0I ,2019 at 7:00 pm CEB2019-0731 1603 W LEWIS ST -SKYE HOLDI NGS LLC, owner NICHOLAS POTVI N, Code E nforcement Officer Description: Weeds throughout r ear area o.f property b ehing building. (Rep eat) PMC 9. 90.040 (16) Violation: Weeds, noxious weed s, grass, and o ther vegeta tion w hich co nsti tutes a fire hazard , encroac hes on s idewa lk s or neighborin g properties, is damagin g public improvements , imp air s th e vision of traffic signs o r signa ls, and/o r has reac hed a height of twelve inches (12"). Corrective Action: Era d ica te weed s by chemical s, c utting or other accepta ble means s o that they do not exceed twelve inches ( 12"), encroach on neighborin g properties, const itute a fire hazard , etc. Weeds that are cut or remo ved by the root must be rem oved from the property an d lawfull y di s posed o f. Descriptio n: litter and debris thro ug hout rear area o_fprop erty b ehind building.(Rep ear) PMC 9. 90.040 (6) Viol atio n : An y parcel wit hi n the C ity wh ic h is filthy, littered or tra sh-covered d ue to pl acing, dro p ping, dis pos in g, throwing away, or other wise discard ing litter, garbage , refu se, cans, bottles, paper or paper material , metal , organic or ino rg ani c materia l on areas of th e prop ert y o ther than approv ed garbage con tain ers. Correct ive Action: Remo ve and lawfull y dispose of all litter, garbage , junk or vegetati ve waste on th e property. CEB2019 -0737 5906 W SYLVESTER ST -RAYMOND KRUEGER, owner NICHOLAS POT VIN, Code E nforcement Officer D es cription: No building permit.for th e patio cover. PMC 16.05.010 CE B Agend a Violation: Failure to sec ure a Ci ty of Pasco building permit where a permit is requ ired (IBC 105.1 and IRC 105 .1 ). Correcti ve Action : Di scontin ue a ll con struct ion acti vi ties and submit an a p pli cation for a bu il d ing permi t from th e Ci ty of Pasco (call (509) 543-572 1 fo r in fo r mat ion on perm it requi rement s). If no permi t can be obtained, unperm itted cons truction must be remo ved. Pa ge I o f 2 CEB2019-0749 4437 GALWAY LN -LISBETH A FITZGERALD (ETA L), owner NICHOLAS POTVIN, Code Enforc ement Officer Desc ription: Inoperable vehicle (Red tru ck) stored in the driveway. (R epeat) PMC 2 5 .165.200 (2) (A-D) Violation: On l y one ( 1) inoperable vehicle may be stor ed outside of a fully enclosed building on the property in any residential zone. The vehicle sh all n ot be stored upon a pu blic ri ght-of-way or in t h e fron t o r side yard areas of the property. The veh ic le must be locke d and secured at al l t imes it is unattended and must be stored on an a pproved hard surface (i.e. gravel , asphalt or concrete) behi nd a completely enc losed s ix (6) foot fe nce, which is fully sig ht obscuring. All vehic le parts n ot properly install ed up on a vehic le shall be stored inside a fully enclosed building or within the vehicle itself. Corrective Action: Store all inoperable vehicles (Unlicensed veh icles a re inop era ble vehicles) wi thin an enclosed building (such as a garage or s hed). One vehi cle may be stored outside an e n c losed building in compliance with the provisions above. A ll other vehicles must b e removed from the property or m ade operable. Store all vehicle parts in a n enclosed building, within the vehicle o r remove the parts from the prope11y. Description: Storin g vehicle parts in the driveway (exhaust pipes) and ve hicle jacks. (Repeat) PMC 25.165.200 (3) Violation: Inoperable v ehi cles, vehicle parts, tires and accessori es that are not readily moveable and for i mmediate sa le are n ot being store d or p arked behind approved screen ing or w ith in the building. Corrective Action : Remove all inoperable veh icles, vehic le parts, tires an d accessories into the building, behind an a pproved screening, or compl etely t o an approved location. D escription: Failure to maintain a healthy, growing cond ition .for th e .front lawn. (Repeat) PMC 2 5.180.1 10 (I) Violation: Fail i ng to main tain landscaping and/or screening free of weeds and trash and not providing, protect i ng , and permanently maintaining all landscapi ng material , areas and plants in a h ealth y, growing conditi on, replacing it w hen necessary. Corrective Acti on: Remove and lawfu ll y dispose of all weeds an d trash and replace any dead/dying pl a n ts and other vegetation . Maintain landscaped a reas in compli ance with the provisions d escribed above. Description: Store appliances and other items that have sen;ed th eir intended o riginal purpose within an enclosed building or properly dispose of them . (R EPEAT) PMC 9. 90. 040 (9) Violation: Scrap metal , ashes, bric-a-brac, broken ston e or cem ent, broke n c rockery, broken g lass, broken plaster, aut omobile bodies a n d/o r parts, and a ll such trash or abandoned material that are not kept in approved conta in e rs. Corr ecti ve Action : Remove all veh icle parts, scrap m etal, m achinery, disassembled vehicles, etc . from the propert y or store these items in an e n c losed container or building. Remove an d lawful ly di s pose o f all junk it ems (e.g. any items or which h ave served their in tended original purpose) and unusable veh icle parts . Amendments Di s mi ssa ls Motion E. STA FF REPORT AND OTHER BUSINESS F. A DJOURNMENT Thi s meeting is b roadcast live on PSC-T V Channel 191 o n Charter Cable and streamed at www .pasco-wa.gov/psctvlive. Audio eq uipm en t avai labl e for the hearing impaired; contact staff for assist ance. CE B Agen da Page 2 o f 2 A. CALL TO ORDER CITY OF PASCO CODE ENFORCEMENT BOARD MINUTES MEETING OF JULY 11, 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 Dwayne Speer James Rawlinson C. ADOPTION OF MINUTES: MEMBERS ABSENT Thomas Granbois Mary Gutierrez Board Member Speer moved , seconded by Board Member Rawlinson, that the minutes of the June 6, 2019 meeting be approved. The motion carried unanimously. D. DETERMINATION HEARINGS: C hairperson 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. Martinez, Margarita, case number CEB2019-0620, for the property located at 820 S. 5th 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 vio lations on this property were PMC 16 .05.0 10 (REPEAT)-Failure to obtain L&l electrical permits and City of Pasco building permits to convert or demolish the improvements within the rear yard shed, replace the roof on the rear yard sh ed , demolish or repair and pem1it the garage structure, add bathroom to the main house, remodel the main house and add a fence to the rear of the property, PMC 5.60.010 -Failure to obtain a City of Pasco rental license for this residential property, PMC 5.60.030 -Failure to obtain or submit an approved passing habitability inspection of this residential property, PMC 9.90.040(11) (REPEAT) -Dilapidated garage/shop, exterior materials are not approved, not weatherproofed and are deteriorating and PMC 9.90.070 -Failure to abate all nuisances on this property as outlined in notices. Ms. Johnson discussed the notification process for vio lations observed, previous notices sent and violations on this property. Based on a final inspection of the property completed on Jul y 10 , 2019, the property was still in violation of the Pasco Municipal Code according to staff. The City of Pasco recommended the respondent pay a $400 repeat penalty and give the respondent 10 days to obtain a rental license for the house, apply for a building permit for unpermitted work and permits from L&I for e lectri cal or pay a daily penalty of $500 per day for I 0 days. Arnold Ramos, Arnold's Construction, spoke on behalf of this case. 07112019 CEB Minutes Page 1of2 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 Speer moved, seconded by Board Member Rawlinson, to impose a $400 repeat penalty and give the respondent 10 days to obtain a rental license for the house, apply for a building permit for unpermitted work and pennits from L&I for electrical or pay a daily penalty of $500 per day for 10 days. The motion carried unanimously. b. Amendments c. Dismissals d. Motion Board Member Rawlinson made a motion to approving Resolution No. 2019-007, Board Member Speer 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 7:27 p .m. Krystle Shanks, Administrative Assistant II Community & Economic Development 07112019 CEB Minutes Page 2of2 MEMORANDUM July 30, 2019 TO: Rick White, Director Community & Economic Deve lopme FROM: Troy Hendren. Inspection Servic Community & Economic Deve ~,rrlP SUBJECT: Code Enforcement Activity Reports Reports for the Month of June, 2019 Please find attached copies of the Code Enforcement Activity Reports for the month of June, 2019: ( 1) CEB Resolution The resolution shows all the Code Enforcement Board actions and cases that the Board h as ruled on at their monthly hearing. (2) Status Report Code Enforcement Inspections This r eport lists all inspections performed b y individual staff for the month. To be counted as an "inspection" a written "correction notice" must h ave been issu ed as a r esult of the initial inspection. CITY OF PASCO CODE ENFO RCEMENT BOARD RESOLUTION RESO LUTION NO. 2019 -6 A RESOLUTION finding that cod e violations ha ve been corrected a n d may be d ismissed without penalty, deferri ng act ion on certain cases pending proper notification, accepting voluntary correctio n agreements, and assessing penaltie! on certa in cases. WHEREAS, the City of Pasco has found that there exist condit ions on certain properties that constitute violations of the Pasco Municipal Code; and WHEREAS, the Co de Enforcement Board has the authority to affirm, dismiss, or modify notices of c ivil violations issued by the City: NOW BE IT RESOLVED BY THE CODE ENFORCEMENT BOARD OF THE C ITY OF PASCO; T hat t h e foll owing cases be dis missed wit hout penalty: SIDill; ~ Qfil!x CEB2018-1466 TYSON & TIFFANY FELLMAN CEB20 18-1 995 VICTOR H SALCEDO CEB2018-204 7 EUGENIA LOPES BETANCURT (ETAL) CEB20 19-0053 REFUJIO INFANTE CEB20 I 9-0298 RAYMOND & TRACEY RODGERS CEB20 I 9-0300 JOSE RODRJGO GARCIA CEB20 19-0329 BLAS M OLIVERA CEB2019-0330 JOAQU IN F & DORA A SI LVA CEB20 19-0342 AMEE M SC HWAB CEB20 19-0343 DENNIS L BRADSHAW DDS PS CEB2019-0345 BASIN INVESTM ENT GROUP CEB20 I 9-0392 MARSHALL SMITH ~ ~ ~ Page I of4 Service .Rmw Daily ~ ~ ~ CEB20 19-0394 MARCO A GARCIA (ETUX) CEB20 19-0409 AURELIANO PRECIADO CEB2019-0414 MICHAELS & ROBYN A PILBEAM CEB2019-0432 DENNIS & ANGELA TORRES BLANCHA! CEB2019-0455 JESS ICA CON TRERAS CEB2019 -0493 TREVOR MIS IPEKA Dis missed as unfounded by Board Be it further reso lved the following people were not properly notified of alleged violations of the Pasco Municipal Code and hea rings for their cases should be deferred until such times as they a re properly notified: Service &WI l&i!x ~ Dismissed ~ CEB20 18-0929 WANDA IVETTE CORREA Be it further r eso lv ed that the Code E nforce ment Board accepts or continues the below listed cases and vo lun tary correction agreements: Service &WI Daily ~ Dismissed Qlbg CEB2018-0020 ALONSO E RIOS CEB2018-0097 CARLOS & YOLANDA LOPEZ CEB20 18-0727 PEDRO & MARTHA SOTO CEB20 18-0927 DONALD E SIMMONSON CEB20 18-1 580 WORLD LIFE CHRISTIAN CENTER CEB2018-1668 EL DORADO NIGHT CLUB CEB2018-2083 MARTHA PEREZ(ETAL) -- CEB2019-0 173 KEVIN RATHANA SIN CEB20 19-0337 WENDY MORENO CEB20 19-0372 ROMAN TYLER MCCOLLOM Page 2 of 4 Serv ice ~ Daily ~ Di smissed ~ CEB2019-0403 MANUEL RAMIRO OCHOA CE B20 19-0416 C LE MENTE Q& MARJA P C ASTANEDA CE B20 19-0435 LOWES HOME C ENTERS LLC #2344 CEB20 19 -0449 MAR THA PONCE T ISCARENO CEB2019-0495 CONCRETE CONSTRUCTION S PEC IArn Be it further reso lved that the following cases are now in compliance. Howeve r, proper notification of certain people required use of a profession al process se rver and a monetary service penalty of forty-five d olla rs ($45.00) is a ssessed in each case therefor; and certain prope rties and people were found in repeat vio lation of the Pasco Municipal Code and a minimum mandatory monetary penalty is assessed for each repeat violation therefor; and certain properties and people we re assessed a minimum manda tory monetary penalty of fift y dollars ($50.00) for certain v iolation(s) of t he Pasco Municipal Code therefo r : Service ~ IBfu' ~ Di smissed ~ CEB20 19-0303 JOSE L TOVAR two hundred dollars ($200) Dism issed as unfounde d by Board CEB20 19-0448 JOSE & LO RENA AVALOS two hundred do ll ars (S200) CEB20 19-0463 BYRON (ETAL) DAHLKE two hundred do ll ars ($200) C EB20 19 -0496 CHARLES A KUBIK two hundre d doll ars ($200) Be it further resolv ed tha t the foll owing people were properly notified of a lleged violations of the Pasco Municipal Code but have failed t o appear before the Pasco Code Enforcement Board fo r bearings on the date prescribed and said a lleged violations ha ve not been abated as required or were a bated by the City and abatement costs, timeframes for compliance and daily monetary penalties in the a mounts not to exceed those establi shed by PMC 11.02.050 and as may be dete rmined by the Community Development Director are assessed for each civil violat io n therefor: Smfil ~ ~ ~ ~ ~ CEB2018-I759 JASON P & DANA M WATTS fi fty dol lars ($50) CEB201 9-0043 WORLD LLFE C HRISTI AN CENTER fifty d ollars ($50) CEB201 9-0 16 7 FELI X BUENO fi fty doll ars ($50) CE B20 19-0172 RODOLFO & EMMA L BLANCO fifty dollars ($50) CEB20 19-0275 RUSSELL L & S USAN J ANDREWS fifty dollars ($50) CEB20 19-0352 AN IO ES GUERENA (ETUX) fi fty doll ars ($50) CEB2019-035 8 RAMON E GUTIE RREZ fifty doll ars ($50) Page 3 of 4 Service ~ Daily ~ Dismissed Ql.!Jg CEB2019·0377 KAMALJIT SINGH fi fty dollars ($50) CEB20 19 -04 39 ERIK P LEONARD four hundred dollars ($400) two hundred dollars ($200) CEB20 19 -0440 PATRI C IA CARRILLO (ETAL) fifty doll ars ($50) CEB2019-0445 PATRIC IA I EBERHART fi fty dollars ($50) CEB2019-0477 ROSA CARDENA S fi fty doll ars ($50) CEB2019-0490 C HARLES A KUBIK one thousand dollars ($ 1000) five hundred dollars ($500) Be it further resolved that the following people were properly notified of alleged violations of the Pasco Municipal Code and have appeared before the Pasco Code Enforcement Board for hearings on the date prescri bed and the Board issued orders therefor: Service CEB20 19-0248 ANTON IA VELASQUEZ CEB2019-0458 ANA MARIA CENTENO (ETAL) lkw1 .Qfil!y fifty dollars ($50) two hundred dollars ($200) one hundred dollars($ I 00) M.!!nma ~ Ql.!Jg Be it further resolved that, pursuant to PMC 11.02.060 (4)(d), any person who fails to collect o r accept the certified mail copy o f the Board's decision may be required to be served a copy of the decision via professional process server, and all such costs for personal service of the decision are he reby assessed. To tal number of cases: 53 Passed by the Cod e Ertfo rcement Board o f the City of Pasco on June 6, 2019. Page4 of4 STATUS REPORT CODE ENFORCEMENT INSPECTION JUNE 2019 PREVIOUS OFFICER MARTIN ROSANNA NICK ERNESTO IRINEO JAKE MONTHLY MONTH YEAR TO TOTAL YEAR TO DATE DATE VIOLATION TYPE Public Nuisance 3 1 0 22 0 33 0 86 395 481 Business Licenses 0 48 0 0 0 NA 48 76 124 Rental Licenses 0 2 1 0 0 NA 3 32 35 Dog Licenses 0 3 0 0 0 NA 3 5 8 Animal Nusiances 0 0 0 0 5 NA 0 3 1 31 Rental Inspections 0 9 0 113 1 NA 122 1239 1361 Vehicles Tagged 0 4 0 0 2 NA 4 17 21 CASES OPEN MONTHLY T OTAL 31 66 23 113 41 NA 274 1802 2076 CASES CLOSED MONTHLY TOTAL 15 40 39 0 32 NA 94 416 510 Note: Counts r efl ect only Code E n fo r cem e n t Inspections that r esult e d in an i ssua nce of an initial written C orrection Notice.