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3520u RESOLUTION NO.3520 A RESOLUTION DETERMINING THAT GARRETT WESTERMAN IS THE OWNER OF CERTAIN REAL PROPERTY WITHIN THE CITY;THAT A NUISANCE REQUIRING ABATEMENT BY CITY FORCES OR FORCES CONTRACTED BY THE CITY EXISTS ON SUCH PROPERTY;AND DIRECTING THE USE OF SUCH FORCES TO ABATE THE NUISANCE FOUND Recitals: 1.Real Property Location and Ownership.Itis alleged by a Code Enforcement Officer of the City, a person authorized to enforce the ordinancesand municipal code of the City,that the real property located at 2004 s.Leanne Avenue,Lot 4,Block 4,Campbell-Michel Estates #1 Major Plat, Parcel #090865228,Moses Lake,Washington,is the site of public nuisance violations of Moses Lake Municipal Code (MLMC) 8.14.030 U.The records of Grant County show the owner of the subject property to be Garrett Westerman,2004 s.Leanne Avenue,Moses Lake,WA 98837. 2.Notice.On April 27,2015 the Code Enforcement Officer caused to be delivered by regular mail and certified mail to the owner of record of the subject property a Notice of Violation and Order to Correct or Cease Activity. No appeal was filed to challenge that order.The time to comply under that order has passed.The nuisance described in that order has not been abated by correction of the condition of the property and a nuisance continues to exist on the subject property. On May 29,2015 the Code Enforcement Officer caused to be delivered to Garrett &Deena Westerman a notice of the intent of the CityCouncil to consideradoption of a resolution such as this at its meeting of June 9,2015.Such notice was in writing, in the English language and was delivered by return receipt mail and regular mail to the record owner of the subject property. 3. Violations. Ithas been established by the Notice of Violation and Order to Correct or Cease Activity that the following violations exist on the subject property and have not been corrected: i)3.1 A violation of MLMC 8.14.030 U-8.14.030:Nuisance Defined. Each of the following conditions, unless otherwise permitted by law, is declared to constitute a public nuisance,and whenever the Code Enforcement Officer determines that any of these conditions exist upon any premises or in any stream,drainage way orwetlands,the officermay requireor provide forthe abatement thereof pursuant to this chapter. U.Except forany designated public park land, naturalarea, or environmentally sensitive area, or any undeveloped parcels of land not adjacent to developed areas or which are used for agricultural purposes,all grasses,weeds,or other vegetation growing or which has grown and died, which is determined to be a fireor safety hazard ora nuisance to persons,shall not exceed twelve inches (12") in height measured above the ground. 1.The above exception may be waived and additional maintenance required bythe Code Enforcement Officer if he determines such action is necessary to protect the safety of persons or adjoining property. 2. All maintenance shall be done in a manner so that soil stability will not be disrupted or disturbed. Grass,weed,or vegetation control shall not include plowing,discing, or scraping the soil to eliminate the grasses,weeds,or other vegetation unless a soil stabilization plan,which will minimize blowingdust and maintain soilstabilityand which shall be approved by the city priorto any plowing, discing, or scraping, is implemented immediately. 4. Hearing. On June 9,2015 the Moses Lake CityCouncil conducted a hearing to consider the allegations of the Code Enforcement Officer that the subject property contains a public nuisance ordered corrected which remains uncorrected and that the record owner is responsible for the costs of correcting and abating such violations if such corrections and abatement is accomplished by City forces or forces{^_J contracted by the City for such purpose.All interested persons were permitted to provide written or oral evidence relevant to the issue. RESOLUTION NO.3520 Page 2 June 9. 2015 5.Evidence: 5.1.The following persons testified under oath: Rick Rodriguez,Moses Lake Code Enforcement Officer 5.2.The following exhibits were made a part of the record of the proceedings: EXHIBIT #1:Moses Lake Municipal Code Chapter 8.14.030 EXHIBIT#2:Notice of Violation and Order to Correct or Cease Activity dated April27,2015 from the Code Enforcement Officer addressed to Garrett &Deena Westerman,2004 S.Leanne Avenue,Moses Lake,WA 98837. EXHIBIT #3:Pictures taken by Code Enforcement Officer of the property located at 2004 S. Leanne Avenue,Moses Lake,Washington. EXHIBIT #4:Letter dated May 29,2015 from the Code Enforcement Officer to Garrett &Deena Westerman advising the property owner of the hearing regarding abatement of property, scheduled for June 9,2015. Resolved: 1. A public nuisance in violation of MLMC 8.14.030 U exists on the subject property at 2004 S.Leanne Avenue,Moses Lake,Washington.Garrett H.Westerman,2004 s.Leanne Avenue,Moses Lake,WA 98837 is the record contract owner of the subject property per the records of Grant County. 2.The public nuisance located upon the subject property consists of: 2.1.Weeds in excess of 12" in height 3.The maintenance of these public nuisance violations on the subject property by the record owner is detrimental to the health,safety,welfare,peace and tranquility of the residents of the City impacting the quality of life and diminishing property values. 4.Garrett Westerman,the record contract owner,has fifteen (15)days from the date of the adoption of this resolution to cause the nuisance violations listed herein to be removed to the satisfaction of the Code Enforcement Officer.Those improvements include the following: 4.1 Removal of weeds 5. City staff shall provide a status report to City Council on the progress of the record contract owners and occupant to make the clean up required on the subject property.Ifthe improvements,as listed above,are not to the satisfaction of the Code Enforcement Officer, the City is authorized to use City forces or contract forces to cause the identified public nuisances to be removed from the subject property to the satisfaction of the City Manager.All costs of any removal of the identified public nuisances done at City expense shall be recovered by the City Manager by all reasonable means including immediate assignment of the costs so incurred for collection. 6. Acopy of this resolution shall be provided to the record contract owner by return receipt and regular mail after its approval by the City Council. Adopted by the City Council on June 9,2015.&U*4^>4<ZSaJZ~ ~ n Dick Deane,Mayor ATTEST://, 'RobeufTaylor,Fin^nc^Director