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RESOLUTION NO.3530
A RESOLUTION DETERMINING THAT KEVIN M.MCBREEN IS THE OWNER OF CERTAIN REAL
PROPERTY WITHIN THE CITY;THATA NUISANCE REQUIRINGABATEMENT BYCITYFORCES
OR FORCES CONTRACTED BY THE CITY EXISTSON 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 8692
NE Charles Road (Lot 15, Block 1,Gateway Estates Division#2 Replat (Parcel #091510215),Moses
Lake, Washington, is the site of public nuisance violations of Moses Lake Municipal Code (MLMC)
8.14.030.The records of Grant County show the owner of the subject propertyto be Kevin M.McBreen,
P.O.Box 2505,Brentwood,TN 37024.
2. Notice. On May 19,2015,the Code Enforcement Officer caused to be delivered by regular mail and
certified mailto the owner of record of the subject property a Notice of Violationand 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 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 26, 2015, the Code
Enforcement Officer caused to be delivered to Kevin M.McBreen a notice of the intent of the City Council
to consider adoption of a resolution such as this at its meeting of July 14,2015.Such notice was in
writing, in the English language and was delivered by return receipt mail and regular mail to the record
ownerof the subject property.
3. Violations. It has 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:
3.1 A violation of MLMC 8.14.030 U:
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 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 blowing dust and maintain soil stabilityand which
shall be approved by the city prior to any plowing,discing, or scraping, is implemented
immediately.
4.Hearing.On July 14,2015 the Moses Lake CityCouncilconducted a hearingto consider the allegations
of the Code Enforcement Officerthat the subject propertycontains a publicnuisance 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
contracted by the Cityforsuch purpose.All interested persons were permittedto providewrittenororal
evidence relevant to the issue.
\^J 5.Evidence:
5.1.The following persons testified under oath:
Rick Rodriguez,Moses Lake Code Enforcement Officer
RESOLUTION NO.3530
Page 2 July 14,2015
5.2.The following exhibits were made a part of the record of the proceedings:
EXHIBIT #1:Moses Lake Municipal Code Section 8.14.030 U
EXHIBIT #2:Notice of Violation and Orderto Correct or Cease Activity dated May 19,2015 from
the Code Enforcement Officer addressed to Kevin McBreen,P.O.Box 2505,Brentwood,TN
37024
EXHIBIT #3:Pictures taken by Code Enforcement Officer of the property located at 8692 NE
Charles,Moses Lake,Washington.
EXHIBIT #4:Letter dated June 26,2015 from the Code Enforcement Officer to Carlos Chavez,
Espinoza advising the property owner of the hearing regarding abatement of property,scheduled
for July 14,2015.
Resolved:
1. A public nuisance in violation of MLMC 8.14.030 exists on the subject property at 8692 NE Charles,
Moses Lake,Washington.Kevin McBreen P.O.Box 2505,Brentwood,TN 37024 is the record contract
owners 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.Kevin McBreen,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 from the property
5. Citystaff shall provide a status report to CityCouncil on the progress ofthe record contract owner 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.Allcosts 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 July 14,2015.
T^XcJ-
Dick Deane,Mayor
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