3542RESOLUTION NO.3542
^J A RESOLUTION DETERMINING THAT DOROTHY N.HESTER 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 Location and Ownership.It is 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 at2603 W.Texas Street, Lot22, Peninsula Addition #1,Parcel #110840000,
Moses Lake, Washington, is the site of public nuisance violations of Moses Lake Municipal
Code (MLMC)8.14.030 U.The records ofGrantCounty showthe owner ofthe subject property
to be Dorothy N.Hester, c/o LaQuita Hester,3511 S.Dawson Street, Seattle, WA
98118Notices have been sent to Dorothy Hester,c/of LaQuita Hester,3511 S. DawsonStreet,
Seattle,WA 98118.
2.Notice.On July 7,2015,the Code EnforcementOfficer caused to be delivered by regular mail
and certified mail tothe ownerof record ofthe subject propertya NoticeofViolation and Order
to Correct orCease Activity.No appeal was filed to challenge that order.The timeto comply
underthat orderhas passed. The nuisance described in that orderhas not been abated by
correction of the condition of the property and a nuisance continues to exist on the subject
property.OnAugust 10,2015,theCode Enforcement Officer causedtobe delivered to Dorothy
N.Hestera noticeofthe intentofthe City Council to consider adoption ofa resolution such as
^J this atits meeting ofAugust 25,2015.Such notice was in writing,in the English language and
was delivered by return receipt mail and regular mail to the record owner of the subject
property.
3.Violations.It has been established bythe Notice of Violation and Order to Correct orCease
Activity that the following violations existonthe subject property and havenotbeen corrected:
3.1 A violation of MLMC 8.14.030 U -8.14.030 -Nuisance Defined.Each of the following
conditions,unlessotherwisepermitted bylaw,isdeclared toconstitutea public nuisance,
and whenever the Code Enforcement Officer determines that any of these conditions
exist upon any premises or in any stream,drainage way or wetlands,the officer may
require or provide forthe abatement thereof pursuantto this chapter.
U.Except for any designated public park land,natural area,or environmentally
sensitivearea,oranyundeveloped parcels of land notadjacentto developed areas
orwhich areused for agricultural purposes,all grasses,weeds, or other vegetation
growing or which has grown and died,which is determined to be a fire or safety
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.3542
Page 2 August 25,2015
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 25,2015 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 July 7,
2015 from the Code Enforcement Officer addressed to Dorothy Hester,c/o LaQuita (^*)
Hester,3511 S.Dawson Street,Seattle,WA 98118.
EXHIBIT #3:Pictures taken by Code Enforcement Officer of the property located at
2603 W.Texas,Moses Lake,Washington.
EXHIBIT #4:Letter dated August 10,2015,from the Code Enforcement Officer to
Dorothy Hester advising the property owner of the hearing regarding abatement of
property,scheduled for August 25,2015.
Resolved:
1. A public nuisance in violation of MLMC 8.14.030 exists on the subject property at 2603 W.
Texas,Moses Lake,Washington.Hester N.Dorothy,c/o LaQuita Hester,3511 S.Dawson
Street,Seattle,WA 98118 is the record contract owner of the subject property per the records
of Grant County.Notices have been sentto Dorothy Hester at LaQuita Hester,3511 S.Dawson
Street,Seattle,WA 98118.
2.The public nuisance located upon the subject property consists of:
2.1.Weeds and grass over 12"high
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.f"^
n
RESOLUTION NO.3542Page3 August 25,2015
4.Dorothy N.Hester,the record contract owner,has fifteen (15)days from the date of the
^J 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 Grasses and weeds need to be cut down and/or removed from the area.
5.City staff shall provide a status report to City Council onthe progress ofthe record contract
owners and occupant to make the clean up required on the subject property.If the
improvements,as listed above,are not to the satisfaction of theCode Enforcement Officer,the
City is authorized touse City forces orcontract forces tocausethe identified public nuisances
tobe removed from the subject property tothesatisfaction ofthe City Manager.All costsofany
removal ofthe identified public nuisances done at City expense shall be recovered by the City
Manager by all reasonable means including immediate assignment of thecosts so incurred for
collection.
6.Acopy of this resolution shall be provided tothe record contract owner by return receipt and
regular mail after its approval by the City Council.
Adopted by the City Council on August 25,2015.
Dick Deane,Mayor
_.
ATTEST:
~