3531u
<J
RESOLUTION NO.3531
A RESOLUTION DETERMINING THAT CARLOS CHAVEZ ESPINOZA 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 Locationand Ownership. Itis alleged by a Code Enforcement Officer ofthe City,a person
authorized to enforce the ordinances and municipal code of the City,thatthe realpropertylocated at 1046
S.Division Street (Tax #3201) Parcel #110268000,Moses Lake, Washington, is the site of public
nuisance violationsof Moses Lake Municipal Code (MLMC)8.14.030.The records of GrantCounty show
the ownerofthe subject propertyto be CarlosChavez Espinoza,130614 McKinley Avenue, Yakima, WA
98902.
2.Notice.On May 18, 2015, the Code EnforcementOfficercaused to be delivered by regular mail and
certified mailto the owner of record of the subject propertya Notice ofViolationand Orderto Corrector
Cease Activity.No appeal was filed to challengethat order.The time to comply underthat orderhas
passed. The nuisancedescribedinthatorderhas notbeen abated by correction of the condition ofthe
property and a nuisance continues to exist on the subject property.On June 26,2015,the Code
Enforcement Officer caused to be delivered to Carlos Chavez Espinoza a notice of the intent of the City
Councilto consider adoptionof a resolutionsuch as this atitsmeeting of July 14,2015.Such noticewas
inwriting,inthe English languageandwas delivered by return receiptmail and regular mail tothe record
owner of the subject property.
3.Violations.It has been established by the Noticeof Violation and Orderto CorrectorCease Activity that
the following violationsexist on the subject propertyand have not been corrected:
3.1 A violation of MLMC 8.14.030 U:
U.Except for any designated public parkland,natural area,orenvironmentally sensitive area,
orany undeveloped parcels of land not adjacent to developed areas orwhich areused for
agricultural purposes,all grasses, weeds, orothervegetation growing orwhichhas grown
and died,whichisdetermined to be a fire orsafety hazardora nuisance to persons, shallnot
exceed twelve inches (12") in height measured above the ground.
1.The above exception may be waivedand additional maintenance required bythe Code
Enforcement Officer ifhe determines such action is necessary to protectthe safety of
persons or adjoining property.
2. All maintenance shall be done ina manner so that soil stabilitywill 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 dustand maintain soil stability and which
shall be approved bythe city prior toany plowing,discing,orscraping,is implemented
immediately.
4.Hearing.OnJuly 14,2015 the Moses LakeCity Council conducted a hearing toconsiderthe allegations
ofthe Code Enforcement Officer thatthe subject property containsa public nuisanceordered 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 bythe City for such purpose.All interested persons were permitted to provide written ororal
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.3531
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 Order to Correct or Cease Activity dated May 18,2015 from
the Code Enforcement Officer addressed to Carlos Chavez Espinoza,1306 %McKinley Avenue,
Yakima,WA 98902
EXHIBIT #3:Pictures taken by Code Enforcement Officer of the property located at 1046 S.
Division,Moses Lake.Washington.
EXHIBIT #4:Letter dated June 26,2015 from the Code Enforcement Officer to Carlos Chavez,
Espinoza advising the property ownerof the hearing regarding abatement of property,scheduled
for July 14,2015.
Resolved:
1.Apublic nuisance inviolation of MLMC 8.14.030 exists on the subject property at 1046 S. Division,Moses
Lake,Washington.Carlos Chavez Espinoza,13061/2McKinley Avenue,Yakima, WA 98902 isthe record
contract owners of the subject property per the records of Grant County.
2.The public nuisance located upon the subject property consists of:
3.
4.
2.1.weeds in excess of 12" in height
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.
Carlos Chavez Espinoza,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. City staff 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 thesatisfaction 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 July 14,2015.
<&£»£g^i^*Q-
Dick Deane,Mayor
ATTEST
n
rs
n