HomeMy WebLinkAbout08/19/2008 08 6409 Occidental Avenue, Community Review Board Hearing 0 BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. g
For Meeting of August 19, 2008
ITEM TITLE: Community Review Board Appeal Hearing
SUBMITTED BY: Bill Cook, Director of Community & Economic Development
CONTACT PERSON/TELEPHONE: Joe Caruso, Acting Code Administration Mgr., 575 -6257
SUMMARY EXPLANATION:
A Community Review Board Hearing was held on June 4, 2008, for the location of 6409
Occidental Avenue for the accumulation of junk vehicles, tires, appliances, pallets, wood and
metal debris. The Board rendered a decision for the applicant to correct the illegal conditions on
his property, which involves the removal of junk vehicles or cover /screen these vehicles from
public view and remove heavy equipment The Community Review Board's Summary of
Decision allowed 30 additional days with 30 days for the appeal which was 60 days to abate
with a new abatement date of August 10, 2008. Mr. Voris agreed at the hearing with the 60 -day
0 decision of the Board. The applicant requested an appeal hearing with City Council. According
to `MC 11.10.500 Appeal of Board Decision, the owner or any party having interest can file
an appeal with the City Clerk setting out the reasons he or she believes the Board's
confirmation of the notice and order or the Director's determination of material breach to be
erroneous.
Resolution Ordinance Contract Other (Specify) CRB Appeal Hearing
Funding Source
APPROVAL FOR SUBMITTAL: Z �Y
City Manager
STAFF RECOMMENDATION:
BOARD RECOMMENDATION:
COUNCIL ACTION:
III
A ` '' DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT
i . �M�"i7''', Office of Code Administration & Planning
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� � . ,� y �1 129 North Second Street, 2nd Floor Yakima, Washington 98901
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August 6, 2008
Mr. Ron Voris
6409 Occidental Ave.
Yakima WA 98903
Dear Mr. Voris:
Please be advised that you requested an appeal of the Community Review
III Board decision on June 4, 2008 to be heard in front of . the City Council. The
public hearing has been scheduled for August 19, 2008 with the hearings starting
at 7:00 p.m. The public hearings are in the council chambers at city hall. If you
have any further questions, please feel free to contact me.
Sincerely,
9 C--- Joe Caruso
Acting Code Administration Manager
•
Yakima
r 1 7
' 11! '
Citizen Service Request CITY OF YAKIMA CC0015
08 -06 -08 09:13AM DEPARTMENT OF PUBLIC WORKS Page 1
EQUEST #: 129254 Received: 08 -23 -07 at 10:26AM
jsanford - PT'.
EQUEST TYPE: CA - MULTIPLE VIOLATIONS
DEPARTMENT : 022 CODE ADMINISTRATION
Reported By: BILL WYCKOFF Telephone: 509 952 -4284
Does Reporting Party Wish to be Anonymous ?: Y
Mailing Address
, WA
Incident Address: 6409 OCCIDENTAL
YAKIMA, WA 98903
Nature of Service Request
THERE IS A BUNCH OF JUNK AND WEEDS AT THIS PROPERTY, THE COUNTY HAS
ADDRESSED IT MANY TIMES. .
ROUTE TO: 1) CODE ADMIN REFERRED TO: 1) TAMMY GILMOUR
CALL BACK? - NO
Action Taken on 08 -05 -08
8.27.07 SITE INSPECTION. THERE IS AN EXCESSIVE ACCUMULATION OF TALL
WEEDS, JUNK VEHICLES, AND VARIOUS DEBRIS. I AM SENDING A FRIDNELY
LETT ER. TGILMOUR
8.29.07 SENT A FRIENDLY LETTER WITH A DEADLINE OF 9.19.07 TGILMOUR
8.30.07 THE PROPERTY OWNER MR. VORIS CAME TO THE FRONT COUNTER. I WAS
1110 OUT IN THE FIELD SO HE SPOKE WITH JOE CARUSO. JOE STATED THAT MR.
VORIS CAME TO THE COUNTER WITH A BAG WHICH HE DUMPED ONTO THE
COUNTER. THE BAG CONTAINED NUMEROUS EMPTY PRESCRIPTION PILL BOTTLES.
• MR. VORIS STATED TO JOE THAT HE COULD NOT CLEAN HIS PROPERTY BECAUSE
HE IS SICK. JOE ASKED HIM IF HE HAD ANYONE THAT COULD HELP HIM AND
MR. VORIS STATED THAT HE HAS A FRIEND THAT WOULD HELP HIM AND A SON
THAT COULD DO THE WORK. JOE EXPLAINED TO HIM THAT AS LONG AS HE IS
MAKING PROGRESS THAT WE CAN WORK WITH HIM ON A TIMELINE. MR. VORIS
STATED THAT WOULD BE FINE. (THIS CONVERSATION PER JOE CARUSO) TGILMOUR
9.20.07 SITE INSPECTION. THERE DOES NOT APPEAR TO BE ANY CHANGE TO
THE PROPERTY. SINCE THE OWNER HAS CLAIMED TO BE HANDICAPPED I WILL
SEND A LETTER STATING THAT THE CITY HAS GIVEN A TWO WEEK EXTENDION.
TGILMOUR .
9.24.07 SENT LETTER GIVING TWO WEEK EXTENSION, .WITH THE DEADLINE SET
FOR OCTOBER 10, 2007. TGILMOUR .
10.11.07 SITE INSPECTION. THERE HAS BEEN NO CHANGE TO THE PROPERTY, I
WILL SEND A NOTICE OF NONCOMPLIANCE. TGILMOUR
10.16.07 SENT NOTICE OF NONCOMPLIANCE WITH A DEADLINE OF NOVEMBER 2,
2007. TGILMOUR
11.5.07 I RECEIVED A VOICE MESSAGE FROM A NEIGHBOR WHO WOULD LIKE TO
REMAIN ANNON. STATED THAT THIS PLACE IS A MESS AND NEEDS TO BE
CLEANED UP. TGILMOUR
11.8.07 SITE INSPECTION. THE PROPERTY HAS NOT CHANGED. I TOOK PICS
HOWEVER THEY DID NOT TURN OUT. I AM SENDING A FINAL NOTICE WITH A
DEADLINE OF NOVEMBER 26, 2007. TGILMOUR
11.13.07 I RECEIVED A VOICEMAIL FROM DAVID EPPERSON 949 -9643. HE
STATED IN THE VOICEMAIL THAT HE IS REPRESENTING MR. VORIS AND WANTED
SOME INFORMATION REGARDING THE PROPERTY. TGILMOUR
11.14.07 I CALLED DAVID EPPERSON AND HE STATED THAT HE WILL BE
WORKING WITH MR. VORIS TO GET THE PROPERTY CLEANED. HE STATED THAT
PER MR. VORIS: MR. VORIS STATED THAT THE ONLY WAY THAT I COULD HAVE
GOTTTEN PICTURES WOULD BE TO COME ONTO HIS PROPERTY. I STATED THAT I
HAD NEVER BEEN ON HIS PROPERTY, BUT TOOK PICTURES FROM NEIGHBORING
PROPERTIES. HE ALSO SAID THAT MR. VORIS STATED THAT HIS HEALTH IS
COMPROMISED AND HE WILL NOT BE ABLE TO CLEAN THE PROPERTY. I TOLD MR.
EPPERSON THAT MR. VORIS HAD STATED TO MY SUPERVISOR JOE CARUSO THAT
HE HAD SONS THAT COULD CLEAN THE PROPERTY, AS WELL AS FRIENDS THAT
COULD HELP. MR. EPPERSON ALSO STATED THAT MR. VORIS NEEDS TO KEEP THE
HEAVY EQUIPMENT ON THE PROPERTY BECAUSE HE HAS A BUSINESS OUT OF HIS
HOME WHERE HE BREEDS BEES. I TOLD MR. EPPERSON THAT MR. VORIS WILL
NEED TO COME INTO THE OFFICE AND SPEAK WITH A PLANNER REGARDING THIS
BUSINESS. MR. EPPERSON WANTED TO KNOW IF MR. VORIS WOULD BE
•
GRANDFATHERED IN SINCE THIS IS A NEW ANNEXATION, I TOLD HIM THAT I
DID NOT KNOW, BUT HE SHOULD DEFINITELY COME IN AND SPEAK WITH A
PLANNER. MR. EPPERSON STATED THAT THEY WOULD NEED TO WORK AT A SLOWER
PACE THAN THE DEADLINE THAT THE CITY HAS GIVEN. I TOLD HIM THAT AS
LONG AS MR. VORIS IS SHOWING PROGRESS, THE CITY WOULD BE ABLE TO WORK
WITH HIM ON A TIMELINE. MR. EPPERSON STATED THAT HE WOULD SPEAK WITH
MR. VORIS, AND THEY WOULD HOPEFULLY COME IN EARLY NEXT WEEK. HE ALSO
STATED THAT HE WOULD CONTACT ME EARLY NEXT WEEK WITH THE PLAN FOR A
CLEANUP. TGILMOUR
4.1.08 SITE INSPECTION. I HAVE NOT HEARD BACK FROM MR. EPPERSON. DUE
TO THE LARGE ACCUMULATION OF SNOW IN WEST VALLEY THIS WINTER, I WAS
UNABLE TO GET GOOD PICTURES, THEN I WAS OUT FOR SURGERY. THERE HAS
NOT BEEN A CHANGE TO THE PROPERTY, SO I WILL SEND A REVISED NOTICE OF
NONCOMPLIANCE. TGILMOUR
4.8.08 SENT REVISED NOTICE OF NONCOMPLIANCE WITH A DEADLINE'OF APRIL
25, 2008. TGILMOUR -
5.6.08 SITE INSPECTION. THERE STILL HAS NOT BEEN MUCH OF A CHANGE TO
THE PROPERTY. I WILL SEND A NOTICE OF ILLEGAL CONDITIONS. TGILMOUR
5.15.08 SENT NOTICE OF ILLEGAL CONDITIONS WITH THE HEARING SET FOR
JUNE 4, 2008. TGILMOUR
5.29.08 MR. VORIS THE PROPERTY OWNER CAME INTO THE OFFICE AND SPOKE
WITH JOE CARUSO. MR. VORIS SHOWED JOE THREE HOSPITAL BANDS AND STATED
THAT HE HAD BEEN HOSPITALIZED BECAUSE OF THE LETTERS THAT HE HAD
RECEIVED. HE STATED THAT HE WAS VERY ANGRY ABOUT THE LETTERS. JOE
EXPLAINED TO HIM THAT HE WOULD HAVE A CHANCE TO SPEAK AT THE CRB
HEARING, AND HE COULD PLEAD HIS CASE TO THE BOARD. TGILMOUR
6.2.08 POSTED THE NOTICE AT THE PROPERTY AND TOOK 48 -HOUR PICS. THERE
HAS NOT BEEN MUCH OF A CHANGE. TGILMOUR
6.4.08 CRB HEARING. I PRESENTED THE CASE TO THE BOARD. MR. VORIS WAS
THERE AND SPOKE TO THE BOARD REGARDING THE PROPERTY. HE STATED TO THE.
BOARD THAT HE NEEDS AN EXTENSION. THE BOARD GAVE HIM A 30 DAY
EXTENSION IN ADDITION TO THE 30 DAY APPEAL PERIOD. TGILMOUR
6.3.08 I SPIKE WITH ROYALE SCHNEIDER AND SHE STATED THAT SHE HAD
SPOKEN WITH IRIS AT ONDS. IRIS HAD DESCRIBED A GENTLEMAN FITTING MR.
VORIS'S DESCRIPTION WHO CAME INTO THE OFFICE ASKING FOR AN
APPLICATION FOR ASSISTANCE IN HIS CLEANUP. WHEN QUESTIONED HE DID
STATED THAT HE WAS UNDER NOTICE FROM CODE COMPLIANCE. IN REVIEWING
THE APPLICATION HE QUESTIONED IRIS ABOUT ONDS NEEDING A COPY OF HIS
SOCIAL SECURITY CARD, AS HE DOES NOT GIVE OUT THAT INFORMATION AND
FIGHTS WITH THE SOCIAL SECURITY ADMINISTRATION ABOUT THIS VERY ISSUE
ALL THE TIME. TGILMOUR
6.4.08 CRB HEARING. I PRESENTED THE CASE TO THE BOARD. MR. VORIS WAS
THERE AND SPOKE TO THE BOARD REGARDING THE PROPERTY. HE STATED TO THE
BOARD THAT HE NEEDS AN EXTENSION. THE BOARD GAVE HIM A 30 DAY
EXTENDION IN ADDITION TO THE 30 DAY APPEAL PERIOD. TGILMOUR
6.5.08 JOE CAME INTO THE OFFICE AND STATED THAT HE HAD RECEIVED A
COPY OF A LETTER THAT MR. VORIS HAD SUBMITTED TO THE CITY CLERKS
OFFICE. TGILMOUR
6.10.08 JOE CARUSO GAVE ME A COPY OF THE LETTER THAT HE SENT TO THE
COUNCIL MEMBERS REGARDING THE LETTER THAT MR. VORIS HAD SUBMITTED.
TGILMOUR
6.11.08 POSTED SUMMARY OF DECISION. PIC. I WILL FOLLOW UP ON JULY 14,
2008. TGILMOUR
7.11.08 JOE CARUSO CAME INTO THE OFFICE AND STATED THAT MR. VORIS HAD
SUBMITTED AN APPEAL TO BE HEARD BEFORE THE CITY COUNCIL. HE ASKED ME
TO MAKE A COPY OF THE CASE FILE. I MADE A COPY AND THE APPEAL IS
SCHEDULED TO BE HEARD BY THE CITY COUNCIL ON AUGUST 5, 2008. JOE CAME
INTO THE OFFICE LATER IN THE AFTERNOON AND STATED THAT THE APPEAL FEE
OF $100 HAD NOT BEEN SUBMITTED WITH THE REQUEST. I CALLED MR. VORIS
966 -8323 AND LEFT A MESSAGE FOR HIM LETTING HIM KNOW THAT PER THE
ORDINANCE, IF THE APPEAL FEE IS NOT SUBMITTED WITH THE APPEAL, THE
APPEAL IS NOT VALID. I EXPLAINED TO HIM IN THE MESSAGE THAT TODAY AT
5:00 PM IS THE DEADLINE. TGILMOUR 'i
7- 16 -08- JOE CARUSO CAME INTO THE CODE COMPLIANCE OFFICERS AREA AND
EXLAINED THAT BILL COOK WAS INFORMED OF THE LACK OF PAYMENT FOR THE
1110 APPEAL FROM MR. VORIS.( BILL HAS DIRECTED JOE TO PUT A LETTER
TOGETHER, FOR BILL'S SIGNATURE, WHICH WILL GIVE -MR. VORIS UNTIL JULY
31 TO SUBMIT THE $100 APPEAL FEE. JOE WILL PROVIDE A COPY TO TAMMY
FOR HER CASE PACKET ONCE THE LETTER IS COMPLETE. (R.SCHNEIDER)
7.18.08 A LETTER WAS SENT TO MR. VORIS, SIGNED BY BILL COOK STATING
THAT MR. VORIS HAS UNTIL THE END OF THE BUSINESS DAY ON JULY 31, 2008
TO SUBMIT THE $100 APPEAL FEE. TGILMOUR
7.21.08 RECEIVED RETURNED MAIL, THE CERTIFIED LETTER WAS REFUSED.
TGILMOUR
7.31.08 JOE CARUSO CAME IN AND STATED THAT THE FEE HAS BEEN PAID, THE
APPEAL SHOULD BE HEARD AT THE AUGUST 19TH COUNCIL MEETING. TGILMOUR
8.5.08 ARCHIE MATHEWS CAME INTO THE OFFICE AND STATED THAT HE WAS IN
A MEETING ON JULY 30TH WITH MR. VORIS, BILL COOK, AND MICHAEL
MORALES. ARCHIE STATED THAT HE GAVE MR. VORIS HIS SECOND APPLICATION
FOR HELP FROM ONDS. ARCHIE TOLD MR. VORIS TO BRING THE APPLICATION IN
THE NEXT DAY SO ONDS COULD SEE IF THEY COULD HELP HIM. PER ARCHIE,
MR. VORIS HAS NOT YET SUBMITTED THE APPLICATION. TGILMOUR
ROUTE NUMBER:
•
•
1110
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July 18,2008'`_plh
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Mr. Ron Voris
6409 Occidental
Yakima WA 98903
12E6,
Mr. Voris: . N ,, 049
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I have received your communication referencing the Appeal to the Yakima City
Council and the actions of a code compliance officer and Acting Codes
Administration Manager.
In case there was any confusion on the deadline for your appeal of your case to
the City Council, a written Notice of Appeal is required, which you have supplied.
Also, an appeal fee of $100.00 is required to the City Clerk, which you have not
provided.
•
The deadline for your appeal was July 11, 2008, however I will extend your
appeal period to July 31, 2008 at the end of the business day. By this date, the
City Clerk must receive your check for $100.00. We will use the request letter
that you have already submitted.
On the actions and conduct of the city employees, the codes division counter is
equipped with surveillance capability. .I will review these tapes and will contact
you after my investigative findings.
Sin -- , 1 y,
Bill Co. , Dd •r
Commu iity & Economic Development
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SERVICE REQUEST ".1)1,r
"It's My Job" - ., �. ,,
No. 08 -24
Date Requested Reply Date:
July 9, 2008 July 16, 2008
Requestor: Originator:
Name: Cally Price
Dick Zais Department: City Manager's office
Re:
CRB
Referred To:
Bill Cook, CED
Helen Harvey, Legal
Please review the attached letter and provide a draft response to the City
Manager's Office.
Thank you.
Please copy your response to Cally in the City Manager's Office
Action Taken:
Completed by: Citizen Contacted:
Name: Yes
Title:
Reply Date: No
• Please return to:
City of Yakima
Office of Code Administration
129 N. 2r St. ,
Yakima, WA 98901
5. Legal Description: THAT PORTION OF THE SOUTHEAST QUARTER OF THE
SOUTHEAST QUARTER OF SECTION 32, TOWNSHIP 13
NORTH, RANGE 18, E.W.M., DESCIBED AS FOLLOWS:
BEGINNING ON THE SOUTH LINE OF SAID SECTION 32,
A DISTANCE OF 258.7 FEET WEST AND 20 FEET NORTH
OF THE SOUTHEAST CORNER THEREOF; THENCE WEST
115 FEET; THENCE NORTHERLY PARALLEL WITH THE
EAST LINE OF SAID SECTION 280 FEET; THENCE EAST
115 FEET; THENCE SOUTHERLY 280 FEET TO THE
PLACE OF BEGINNING.
Appeal: The owner or any interested party may, within thirty days from the date of service and
posting of an order issued by the Board under the provisions of Chapter 11.10 YMC, file an appeal by
filing a written Notice of Appeal with the City Clerk setting out the reasons he or she believes the
determination or order of the Board to be erroneous. The appellant must elect whether the appeal shall be
heard by the City Council or the Hearing Examiner. The decision of the appeal decision -maker chosen by
the appellant shall be final, without recourse to the other, and only appealable to the Superior Court. An
appeal fee of S100 is required.
ill) PASSED BY THE COIv2vMUN • VIEW BOARD, at a regular meeting on June 4, 2008.
t
Joe 1 aruso, • .' ing Code Administration Manager
ATTEST:
Carissa Dellinger. Clerk of the Board
Dale: 0 U, \ \ k ()9;
ID
RECEIVED
Ron Voris
•
6409 Occidental 'I: JUL - 3 A 8 54
Union Gap, WA 98903
July 1, 2008
YAKIMA CITY CLEI"R.,
SUBJECT: PROTESTING DECISION AND ACTION OF THE CRB
AND THE ACTIONS AND CONDUCT OF ONE CODE COMPLIANCE
OFFICER AND THE INTERM CODE COMPLIANCE DIRECTOR
This is an appeal of the CRB summary of decision dated June 4,
2008.
I want this heard before the Yakima City Council.
The code compliance officer circumvented my right to limit the
scope, depth, and nature of the inspection of my property.
Disregarded my health and ability issues. Also was re- writing the
residential R1 zoning ordinances of Chapter 15.04YMC to meet
the whim of their want.
And the continued false claim of having household garbage on
the property. The complaint of overgrown weeds on my property
while the city right of way in front of my property is overgrown
with weeds and the right of way near my house is covered with
household garbage and the fire hydrant nearby is overgrown with
weeds so any fire department cannot find it in an emergency.
She purposefully has never directly contacted me to let me know
about any assistance programs available to help me until the
letter dated May 15, 2008 by order of Joseph Caruso. Also, 1 have
yet to receive the list of companies that will remove vehicles for
free as promised by Mr. Caruso at the CRB meeting on June 4,
2008.
After receiving a letter dated August 29, 2007, I went in on
August 30, 2007 to talk to Doug Maples the code director to
inform him of my 100% disability rating and my health issues that
prevented me from doing an •
kind of substa i •
Y nt al work and my
• inability to find someone to help me due to my limited financial
resources. I thought the person that I was talking to was Mr.
Maples and I did not find out until May 2008 that the person that 1
talked to was not Mr. Maples but rather was Mr. Caruso.
During the conversation with Mr. Caruso, he refused to inform me
about any assistance programs that could possibly help me.
After our conversation, Mr. Caruso specifically told Ms. Gilmour
not to make any direct contact with me whatsoever! Because he
did not want her to ever find out my disability and health issues
and limited financial resources. Had Ms. Gilmour been allowed to
directly contact me directly, she would have found out how
fragile my health actually is. Having experienced severe heat
exhaustion in 1997, 1 no longer tolerate high heat very well so
with medication 1 was taking last year, it greatly aggravated my
sensitivity to the heat and with the problems that my lungs have,
1 can no longer be out in the cold without the risk of a respiratory
• infection as 1 ended up with severe pnemonia in both lungs that
required supplemental oxygen and antibiotics to treat the
infection. Also, with the physical over - exertion of trying to clean
up my place and along with the psycological and emotional
stress caused by the threat of criminal prosecution caused a
severe A -Phib episode that resulted in blood clot that required
immediate hospitalization in January 2008. The resulting
medications used to treat the blood clot and prevent further
blood clots, inhibited me from being able to do any type of
physical activity. The resulting side effects of the medications
caused severe fluid retention and also resulted in fluid build up in
the lungs that caused pnemonia that required hospitalization for
I.V. antibiotics and also required a second round of antibiotics to
finally treat the pnemonia. 1 also spent 11 days in the hospital
during May 2008 to remove the excessive fluid build up in my
body and lungs.
While I was in the hospital, 1 received the letter that was dated
May 15, 2008 and was not released from the hospital until May
19. My health was so poor that I was able to do nothing more
than to come in May 29, 2008 to explain that l was in the hospital •
when I received this setter and ended up talking to Mr. Caruso.
When 1 explained to him that the threats of criminal prosecution
and being thrown into jail for 90 days caused true physical harm
to me due to my health issues, he became verbally abusive with
conduct unbecoming a civil servant in an effort to prevent me
from filing an official complaint about the actions taken by Ms.
Gilmour and then refused to talk to me any more in a bullying
effort trying to claim that I had threatened him with physical
harm and refused to give me a copy of Chapter 11.10 when I
requested it.
During the CRS meeting June 4, when a reasonable time frame
was being worked out with respect to my diminished health and
disabilities, Mr. Caruso made the claim that 1 was a
confrontational person and in effort to prevent any reasonable
time frame to be granted to me, all this was done in direct
violation of Chapter 11.10.150.
All actions taken and done by Mr. Caruso was retallitory against
•
me for me protesting the annexation of my property into the city
limits of Yakima. The above actions taken are in direct violation
of the standards set forth in Chapter 11.10.510 paragraph 3
standard (a) (b) (c) (d) and (f).
Sincerely,
Ron Voris