3550u
KJ
RESOLUTION NO.3550
A RESOLUTION DETERMINING THAT BRYAN STARRETT IS THE OWNER OF CERTAIN REAL
PROPERTYWITHIN THE CITY;THAT A NUISANCE REQUIRING ABATEMENT BY CITY FORCES
OR FORCES CONTRACTED BYTHECITYEXISTS ON SUCH PROPERTY;AND DIRECTINGTHE
USE OF SUCH FORCES TO ABATE THE NUISANCE FOUND
Recitals:
1.Real Property Location and Ownership.Itis alleged by a Code EnforcementOfficerofthe City, a person
authorized to enforce the ordinances and municipal code of the City,that the real property located at 826
S. Grand Drive(Lot7, Block 9,Lakeview Terrace #1) Parcel#100919000,Moses Lake,Washington,is
the site of public nuisance violations of Moses Lake Municipal Code (MLMC)8.14.030 M.5.The records
of Grant County show the ownerof the subject property to be Bryan Starrett,826 S. Grand Drive,Moses
Lake,WA 98837.
2. Notice. On July 9,2015,the Code Enforcement Officer caused to be delivered by regular mail and
certified mail to 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 inthat order has not been abated by correctionof the conditionof the
propertyand a nuisance continues to exist on the subject property.On August 27, 2015, the Code
Enforcement Officer caused to be delivered to BryanStarrett a notice of the intent of the CityCouncilto
consider adoption of a resolution such as this at its meeting of September 8,2015.Such notice was in
writing,inthe Englishlanguage and was delivered by return receipt mailand regularmailto the record
owner ofthe subject property.
3.Violations.It has been established bythe Noticeof Violation and Orderto Corrector Cease Activity that
the following violations exist on the subject propertyand have not been corrected:
3.1 A violation of MLMC 8.14.030 M. 5.:Nuisance Defined.Each of the following conditions,unless
otherwise permitted by law, is declared to constitute a publicnuisance, and whenever the Code
Enforcement Officer determines that any of these conditions exist upon any premises or inany
stream, drainageway orwetlands, the officermay require or provide for the abatement thereof
pursuant to this chapter.
M.The erecting,maintaining,using,placing,depositing, leavingor permitting to be orremainin
or upon any private lot,building,structure or premises, or in or upon any street,alley,
sidewalk,park,parkway orother public or private placeinthe city,any one or more of the
following disorderly,disturbing,unsanitary,fly-producing,rat-harboring,disease-causing
places,conditions or things:
5. Any poisonoak or poison ivy,Russian thistleor other noxiousweeds, as defined by
Chapter 8.22 of the Moses Lake Municipal Code entitled "Noxious Weed Control"
whether growing orotherwise;but nothing hereinshallpreventthe temporary retention
of such weeds in approved covered receptacles.
4.Hearing.On September 8, 2015 the Moses Lake City Council conducted a hearing to consider the
allegations oftheCode Enforcement Officer thatthesubjectproperty contains a public nuisance ordered
corrected which remains uncorrected and that the record owner is responsible forthe costs of correcting
and abating such violations ifsuch corrections andabatement is accomplished by City forcesor forces
contracted bythe City for such purpose.All interested personswere permitted to provide written ororal
evidence relevant to the issue.
5.Evidence:
^J 5.1.The following persons testified under oath:
Rick Rodriguez,Moses Lake Code Enforcement Officer
5.2. The following exhibits were made a partof the recordof the proceedings:
RESOLUTION NO.3550
Page 2 September 22, 2015
EXHIBIT #1:Moses Lake Municipal Code Section 8.14.030 M. 5.
EXHIBIT #2:Notice of Violation and Order to Correct or Cease Activity dated July 9,2015 from
the Code Enforcement Officer addressed to Bryan Starrett,826 S.Grand Drive,Moses Lake, WA
98837.
EXHIBIT#3:Pictures taken by Code Enforcement Officer of the property located at 826 S.Grand
Drive,Moses Lake,Washington.
EXHIBIT#4:Letter dated August 27,2015 from the Code Enforcement Officer to Bryan Starrett
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 826 S.Grand
Drive,Moses Lake,Washington.Bryan Starrett,826 S.Grand Drive,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
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.
4. Bryan Starrett,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:
4.1 Koshia must be sprayed and removed from the property
5. Citystaffshall provide a status report to CityCouncil on the progress ofthe record contract owner and
occupantto make theclean up required on the subject property.Ifthe improvements,as listed above,
are not to the satisfaction of the 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 of the City Manager.Allcosts 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. A copy of this resolution shall be provided to the record contract owner by return receipt and regular
mail after its approval by the City Council.
Adopted by the City Council on September 22,2015.
<0^l gg^gg^g:
Dick Deane,Mayor
ATTEST:
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