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3535RESOLUTION NO.3535 LJ A RESOLUTION DETERMINING THAT JEREMIAH STRZELCZYK AND STEPHANIE SIELOFF ARETHE OWNERS OF CERTAIN REAL PROPERTYWITHIN THE CITY;THAT A NUISANCE REQUIRING ABATEMENT BYCITY 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.It is 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 propertylocated at 1126 W.Cascade Avenue (Lot 15,Block 10, Guffin Eccles Add. #2), Parcel #091674000,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 Jeremiah Strzelczyk and Stephanie Sieloff), P.O.Box 1819, Moses Lake,WA 98837. 2.Notice.On May 27,2015 the Code Enforcement Officercaused to be deliveredby regular mail and certified mailto the owner of record ofthe subject propertya Notice ofViolationand Order to Corrector Cease Activity.Noappeal 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 July 6,2015 the Code Enforcement Officer caused to be delivered to Jeremiah Strzelczyk a noticeof the intentofthe City Council to consider adoption of a resolution such as thisatitsmeetingof July 28,2015.Such noticewas in writing,in the English languageand k_y was delivered by return receipt mail and regular mail to the record owner of the subject property. 3. Violations.It has been established by the Notice of Violation and Orderto Corrector Cease Activity thatthe following violations existonthe subject property andhave notbeen corrected: 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 uponany premises orinany stream,drainage way orwetlands,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 sensitive area,oranyundeveloped parcelsof land notadjacentto developed areas orwhichareused 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. U RESOLUTION NO.3535 Page 2 July28,2015 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 willminimize blowing dust and maintain soil stability and which shall be approved by the city prior to any plowing,discing,or scraping,is implemented immediately. 4. Hearing. On July 28,2015 the Moses Lake City Council 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 contracted by the City for such purpose. All interested persons were permitted to provide written or oral 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 part of the record of the proceedings: EXHIBIT #1:Moses Lake Municipal Code Chapter 8.14.030 U EXHIBIT #2:Notice of Violation and Order to Correct or Cease Activity dated May 27, 2015 from the Code Enforcement Officer addressed to Jeremiah Strzelczyk, P.O.Box r) 1819,Moses Lake,WA 98837. EXHIBIT #3:Pictures taken by Code Enforcement Officer of the property located at 1126 W.Cascade Avenue,Moses Lake,Washington. EXHIBIT #4:Letter dated July 6,2015 from the Code Enforcement Officer to Jeremiah Strzelczyk advising 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 U exists on the subject property at 1126 W. Cascade Avenue,Moses Lake,Washington.Jeremiah Strzelczyk and Stephanie Sieloff,P. O.Box 1319 Moses Lake,WA 98837 are 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" 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. n w _ RESOLUTION NO.3535 Page 3 July 28,2015 4. Jeremiah Strzelczyk and Stephanie Sieloff,the record contract owners,have fifteen (15) days from thedateofthe adoption ofthis resolution tocause 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 staffshall 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 to thesatisfaction ofthe 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 propertytothe satisfaction ofthe City Manager. All costs ofany removal ofthe identified public nuisances doneat 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 ofthis resolution shall be provided tothe record contract owner by return receipt and regular mail after its approval by the CityCouncil. Adopted by the City Council on July 28,2015. &£Le/g^ Dick Deane,Mayor ATTEST: