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RESOLUTION NO.3549
A RESOLUTION DETERMINING THAT BONITA EVENS IS THE OWNER OF CERTAIN REAL
PROPERTYWITHINTHECITY;THATANUISANCE REQUIRINGABATEMENT BYCITYFORCES
OR FORCES CONTRACTED BYTHECITY EXISTSON SUCH PROPERTY;AND DIRECTING THE
USE OF SUCH FORCES TO ABATE THE NUISANCE FOUND
Recitals:
Real PropertyLocationand Ownership. Itis alleged by a Code Enforcement Officerof the City,a person
authorizedtoenforce the ordinances and municipalcode ofthe City,thatthe realpropertylocatedat 1061
S.Division (Lot 1,Maver Addition)Parcel #101520000,Moses Lake,Washington,isthe site of public
nuisance violationsof Moses Lake Municipal Code (MLMC)8.14.030 M.5. &U.The records of Grant
County showtheownerofthe subject property tobe Bonita Evens,1061 S.Division Street,Moses Lake,
WA 98837.
Notice. On June 26,2015,the Code Enforcement Officer caused to be delivered by regularmailand
certifiedmailto the owner of recordof the subject propertya Noticeof Violation and Orderto Corrector
Cease Activity.No appeal was filed to challenge thatorder.The timeto comply under that order has
passed.The nuisance described in thatorder has notbeen abated by correction ofthe condition ofthe
property and a nuisance continues to exist on the subject property.On August 27,2015,the Code
Enforcement Officer caused to be delivered to Bonita Evens a notice of the intent of the City Council to
consider adoption ofa resolution suchas thisatitsmeeting ofSeptember8,2015.Such notice was in
writing,in the English language and wasdelivered by return receipt mail and regular mail tothe record
owner of the subject property.
Violations.It has been established bythe Notice ofViolation andOrder to Correct orCease Activity that
the following violations exist on the subject property and have notbeen corrected:
3.1 A violation of MLMC 8.14.030 M.5 &U.:Nuisance Defined. Each of the following conditions,
unlessotherwise permitted by law,isdeclared to constitute a public nuisance,and whenever the
Code Enforcement Officer determinesthatanyofthese conditions exist uponanypremisesorin
any stream,drainage way orwetlands,theofficer may require orprovide for theabatement thereof
pursuant to this chapter.
M.The erecting,maintaining,using,placing,depositing,leaving orpermitting tobeorremain in
or upon any private lot,building,structure or premises,or in or upon any street,alley,
sidewalk,park,parkway orother public or private place in the city,anyoneor more ofthe
following disorderly,disturbing,unsanitary,fly-producing,rat-harboring,disease-causing
places,conditions or things:
5.Any poison oakor poison ivy,Russian thistle orother noxious weeds,as defined by
Chapter 8.22 of the Moses Lake Municipal Code entitled "Noxious Weed Control"
whether growing orotherwise;but nothing herein shall prevent thetemporary retention
of such weeds in approved covered receptacles.
U.Except for any designated public park land,natural area,orenvironmentally sensitive area,
or any undeveloped parcels of land not adjacent todeveloped areas or which are used for
agricultural purposes,all grasses,weeds,orother vegetation growing orwhich has grown
anddied,which is determined tobea fire orsafetyhazard ora nuisance to persons,shall not
exceed twelve inches (12")inheight measured above the ground.
1.Theaboveexception maybe waived andadditional maintenance required bytheCode
Enforcement Officerifhe determines such action is necessary to protectthe safety of
persons or adjoining property.
RESOLUTION NO.3549
Page 2 September 22, 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 September 8,2015 the Moses Lake City Council conducted a hearing to consider the
allegations of the Code Enforcement Officer thatthe subject property contains a public nuisance ordered
corrected which remains uncorrected and thatthe record owner is responsible for the costs of correcting
and abating such violations ifsuch 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:
Rick Rodriguez,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 Section 8.14.030 M. 5 & U.
EXHIBIT#2: Notice ofViolation and Orderto Correct or CeaseActivitydated June 26,2015 from
the Code Enforcement Officer addressed to Bonita Evens,1061 S.Division Street,Moses Lake,
WA 98837.
EXHIBIT #3:Pictures taken by Code Enforcement Officer of the property located at 1061 S.f^^)
Division Street,Moses Lake,Washington.
EXHIBIT#4:Letter dated August 27,2015 from the Code Enforcement Officer to Bonita Evens
advising the property owner of the hearing regarding abatement of property,scheduled for
September8,2015.
Resolved:
1. A public nuisance in violation of MLMC 8.14.030 M.5.exists on the subject property at 1061 S. Division,
Moses Lake,Washington.Bonita Evans,1061 S. Division Street,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.Kochia and 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 tranquilityof the residents of the Cityimpacting
the quality of life and diminishing property values.
4. Bonita Evens,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 ofthe Code
Enforcement Officer.Those improvements include the following:
4.1 Koshia must be sprayed and removed from the property
4.2 Weeds must be cut down or removed (~*)
_
RESOLUTION NO.3549Page3 September 22,2015
5.City staff shall provide astatus report toCity Council onthe progress oftherecord contract owner and
occupanttomakethecleanuprequired onthesubjectproperty.If the improvements,as listed above,
are not to the satisfaction of the Code Enforcement Officer,the Cityis authorized to use Cityforces
or contract forces to cause the identified public nuisances to be removed from the subject property
tothesatisfaction ofthe City Manager.All costsofany removal oftheidentified public nuisancesdone
at City expenseshall be recovered by the City Manager by all reasonable meansincluding immediate
assignment of the costs so incurred for collection.
6.Acopy of this resolution shall be provided totherecord contract owner by return receipt and regular
mail after its approval by the City Council.
Adopted by the CityCouncil on September 22,2015.
&rJ^£.ggW±g~
Dick Deane,Mayor
ATTEST:
//-f.Robert Taylor,Fkfary;e Director