3534RESOLUTION NO.3534
O A RESOLUTION DETERMINING THAT JEREMY BLACKWELL IS THE OWNER OF
CERTAIN REAL PROPERTY WITHIN THE CITY;THAT A NUISANCE REQUIRING
ABATEMENT BY CITY FORCES OR FORCES CONTRACTED BYTHE CITY EXISTS ON
SUCH PROPERTY;AND DIRECTING THE USE OF SUCH FORCES TO ABATE THE
NUISANCE FOUND
Recitals:
1.Real Property Location and Ownership.It isalleged by a Code Enforcement Officerofthe City,
a person authorized to enforce the ordinances and municipal code of the City,that the real
property located at 404 N.Dale,(Lot 63 less NEly 3.5\Knolls Vista 13th Addition),Parcel
#100522000,Moses Lake,Washington,isthe site of public nuisance violationsof Moses Lake
Municipal Code (MLMC)8.14.030. The recordsof GrantCounty showthe ownerofthe subject
propertyto be Jeremy Blackwell,404 N. Dale, Moses Lake,WA 98837.
2. Notice. On June 8,2015 the Code Enforcement Officer caused to be delivered by regular mail
and certified mailto the owner of recordof the subject propertya Notice of Violation and Order
to 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 July 6, 2015 the Code Enforcement Officer caused to be delivered to Jeremy
Blackwell a notice of the intent of the City Council to consider adoption of a resolutionsuch as
this at its meetingof July 28,2015.Such noticewas in writing,in the English language and
was delivered by return receipt mail and regular mail to the record owner of the subject
^_J property.
3.Violations.It has been established by the Notice of Violation and Orderto Corrector Cease
Activity thatthe following violations existonthe subject property and havenotbeencorrected:
3.1 A violation of MLMC 8.14.030 U -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 orin anystream,drainage wayorwetlands,the officer may require
or provide forthe abatement thereof pursuant to this chapter.
U.Except for any designated public park land,natural area,or environmentally
sensitivearea,oranyundeveloped parcels of land notadjacenttodeveloped areas
orwhich areused for agricultural purposes,all grasses, weeds, orothervegetation
growing or which has grown and died,which is determined to be a fire orsafety
hazard or a 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 by
the 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
^J plowing,discing,or scraping the soil to eliminate the grasses,weeds,or other
RESOLUTION NO.3534
Page 2 July 28,2015
vegetation unless asoil stabilization plan,which will minimize blowing dust and ^Bs^
maintain soil stability and which shall be approved by the city prior to any ( )
plowing,discing, orscraping, is implemented immediately.
4.Hearing.On July28,2015 the Moses Lake City Council conducted a hearingto 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 contracted by the City for such purpose.
All interested persons were permitted to provide written or oral evidence relevantto 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 part of the record of the proceedings:
EXHIBIT #1:Moses Lake Municipal Code Chapter 8.14.030 U
EXHIBIT #2:Notice ofViolation and Order to Correct or Cease Activity dated June 8,
2015 from the Code Enforcement Officer addressed to Jeremy Blackwell,404 N. Dale,
Moses Lake,WA 98837.
EXHIBIT #3:Pictures taken by Code Enforcement Officer of the property located at 404 (^
N. Dale,Moses Lake,Washington.
EXHIBIT#4:Letter dated July 6,2015 from the Code Enforcement Officer to Jeremy
Blackwelladvising the property owner of the hearing regarding abatement of property,
scheduled for July 28,2015.
Resolved:
1.A public nuisance in violation of MLMC 8.14.030 exists on the subject propertyat404 N.Dale,
Moses Lake,Washington.Jeremy Blackwell,404 N. Dale,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 ofthe residents of
the City impacting the quality of life and diminishing property values.
4.Jeremy Blackwell,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:f0"*)
O
RESOLUTION NO.3534Page3 July 28,2015
4.1 Weeds must be removed from the site
5.City staff shall provide a status report to City Council ontheprogressofthe record contract
owners and occupant to make the clean up required on the subject property.If the
improvements,as listed above,are not tothesatisfaction oftheCode Enforcement Officer,
the City is authorized to use City forces or contract forces to cause the identified public
nuisances to be removedfrom the subject property tothe satisfactionofthe 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 beprovided 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 28, 2015.
Dick Deane,Mayor
ATTEST:
Taylor,Finance Director