3539RESOLUTION NO.3539
O A RESOLUTION DETERMINING THAT EDWIN G.AND LINDA MARIE SIEFFERT ARE
THE OWNERS OF CERTAIN REAL PROPERTYWITHIN THE CITY;THATA NUISANCE
REQUIRING ABATEMENT BYCITY 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. Itis alleged 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 521 N.Pennsylvania Street (Lot 6, Block 1,Sage Vista Major Plat)Parcel
#1109935050,Moses Lake,Washington,isthe 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 Edwin G. and Linda Marie Sieffert,521 N.Pennsylvania Street,Moses
Lake,WA 98837.
2.Notice.OnJuly 21,2015 the Code Enforcement Officercaused to be deliveredby regular mail
and certified mailto the owner of record of the subject property a Notice ofViolation and 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 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.OnJuly 27,2015 the Code Enforcement Officer caused to be delivered to Edwin &
Linda Sieffert a notice ofthe intentofthe City Council to consider adoptionof a resolutionsuch
as this at its meeting of August 11,2015.Such notice was in writing,inthe English language
^_J and was delivered by return receipt mail and regular mail to the record owner ofthe subject
property.
3. Violations.It has been established by the Notice of Violation and Order to Correct or 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
upon any premises orinany stream,drainage way orwetlands,the officermay require
or provide forthe abatement thereof pursuant to this chapter.
U.Except for any designated public park land,natural area, or environmentally
sensitive area, orany undeveloped parcelsof landnot adjacent to developed areas
orwhichare used 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.
RESOLUTION NO.3539
Page 2 August 11,2015
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 will minimize 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 August 11,2015 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 ofthe 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 July 21,
2015 from the Code Enforcement Officer addressed to Edwin &Linda Sieffert,521 N.\)
Pennsylvania Street,Moses Lake,WA 98837.
EXHIBIT #3:Pictures taken by Code Enforcement Officer ofthe property located at 521
N.Pennsylvania Street,Moses Lake,Washington.
EXHIBIT #4:Letter dated July 27,2015 from the Code Enforcement Officerto Edwin &
Linda Sieffert advising the property owner of the hearing regarding abatement of
property,scheduled for August 11,2015.
Resolved:
1. A public nuisance in violation of MLMC 8.14.030 U exists on the subject property at 521 .
Pennsylvania Street,Moses Lake,Washington.Edwin G.and Linda Marie Sieffert,521 N.
Pennsylvania Street,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 ofthe residents of
the City impacting the quality of life and diminishing property values.
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RESOLUTION NO.3539
Page 3 August 11,2015
4.Edwin G. &Linda Marie Sieffert,the record contract owners,have 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
5.City staffshall providea status reportto City Council on the progress ofthe record contract
owners and occupant to make the clean up required on the subject property.If the
improvements, as listedabove, are nottothe satisfaction 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 property to the satisfaction ofthe CityManager.
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. Acopyofthis resolution shall be provided tothe record contractownerby return receipt and
regular mail after its approval by the City Council.
Adopted by the City Council on August 11,2015.
Dick Deane,Mayor
ATTEST: