3526u
RESOLUTION NO.3526
A RESOLUTION DETERMINING THAT VONA M.GIBSON EST 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 ordinances and municipal code of the City, that the real property located at Lot
2,less street and Nely 10'of Lot 3, Block 3,Pleasant View Deferral, Parcel #110890000,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 owners of the subject property to be Vona M.Gibson Est,2404
W.Lakeside,Moses Lake,WA 98837.
2. Notice. On May 7, 2015,the Code Enforcement Officer caused to be delivered by regular mail and
certified mailto the owner of record of the subject propertya Notice of Violation and Orderto Corrector
Cease Activity. No appeal was filed to challenge that order.The time to comply under that order has
passed.The nuisance described inthat order has not been abated by correction of the condition of the
property and a nuisance continues to exist on the subject property. On June 1, 2015, the Code
Enforcement Officer caused to be delivered to Vona M.Gibson Est a notice of the intent of the City
Councilto consider adoption of a resolution such as this at its meeting of June 23,2015.Such notice was
inwriting,inthe English language and was delivered by returnreceipt mailand regularmailto the record
owner of the subject property.
3. Violations. Ithas been established by the Notice ofViolation and Order to Correct or Cease Activitythat
the following violations exist on the subject property and have not been corrected:
i \3.1. A violation of MLMC 8.14.030.U:Except for any designated public park land, natural area, or
^""^environmentally sensitive area,or any undeveloped parcels of land not adjacent to developed
areas orwhich are used foragricultural purposes,allgrasses,weeds,orother vegetation growing
orwhich has grownand died, which is determined to be a fire or safety hazard ora nuisance to
persons, shall not exceed twelve inches (12")in height measured above the ground.
4.Hearing.OnJune 23,2015 the Moses LakeCityCouncil conducted a hearingtoconsiderthe allegations
ofthe Code Enforcement Officerthatthe subject property contains a public nuisance orderedcorrected
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
contractedbythe City for such purpose.All interested persons were permitted to provide written ororal
evidence relevant to the issue.
5.Evidence:
5.1.The following persons testified under oath:
Clair Harden,Moses Lake Code Enforcement Officer
5.2. The following exhibits were made a partof the record of the proceedings:
EXHIBIT #1:Moses Lake Municipal Code Chapter 8.14.030 U.
EXHIBIT#2: Notice of Violationand Order to Correct or Cease Activitydated May7,2015 from
the Code Enforcement Officeraddressed to Vona M.Gibson Est,2404W.Lakeside Drive,Moses
Lake,WA 98837
[^J EXHIBIT #3:Pictures taken by Code Enforcement Officer of the property located at 2404 W.
Lakeside,Moses Lake,Washington.
RESOLUTION NO.3526
Page 2 June 23, 2015
EXHIBIT #4:Letter dated June 1,2015,from the Code Enforcement Officer to Vona M.Gibson
Est advising the property owner of the hearing regarding abatement of property,scheduled for
June 23,2015.
Resolved:
1. A public nuisance in violation of MLMC 8.13.030 U exists on the subject property at 2404 W.Lakeside,
Moses Lake,Washington.Vona M.Gibson Est,2404 W.Lakeside,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.grasses and weeds in excess of 12"in height are covering the back,side and front yards and
the sidewalk planter strip
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.Vona M.Gibson Est,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 grasses and weeds must be cut down and removed from these areas
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.If the 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. A copy 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 23,2015.
<3SUb/<gcfe^oe
Dick Deane,Mayor
W.Rob
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