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RESOLUTION NO.3559
A RESOLUTION DETERMININGTHAT COLUMBIA BASIN INVESTMENT GROUP 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 FORCESTO ABATETHE NUISANCE FOUND
Recitals:
1.Real Property Location and Ownership. Itisalleged by a Code Enforcement Officer ofthe City,a person
authorized to enforce the ordinances and municipalcode ofthe City,thatthe realpropertylocated inFarm
Unit 224,Block41,less easterly 500'and west 12'and one halfof vacated street inSection 36,Township
19 North,Range 28 East W.M.,Parcel #110077000,Moses Lake, Washington, is the site of public
nuisance violations of Moses Lake Municipal Code (MLMC)8.14.030 M.5. and U.The records of Grant
County show the ownerofthe subject propertyto be ColumbiaBasin Investment Group,8568 Dune Lake
Road SE,Moses Lake,WA 98837-8228.
2.Notice.On July 27, 2015, the Code Enforcement Officer caused to be delivered by regular mail and
certified mailto the owner of record of the subject propertya Notice ofViolation and Orderto Correct or
Cease Activity.No appeal was filed to challenge that order.The time to comply under that orderhas
passed. The nuisancedescribedinthatorderhas notbeen abated by correction ofthe condition ofthe
property and a nuisancecontinuesto exist on the subject property.On September 23,2015,the Code
Enforcement Officer caused to be delivered to Columbia Basin Investment Group and Lawrence
Jacobsen,Jr.a notice of the intentof the City Council to consider adoptionof a resolution such as this
atitsmeetingofOctober13,2015.Such notice was in writing,in the English language andwas delivered
by return receiptmailand regular mail to the record owner ofthe subject property.
3.Violations.It has been established bythe Notice of Violation andOrdertoCorrectorCease Activity that
the following violations exist on the subject property and have not been corrected:
3.1 A violation of MLMC 8.14.030 M.5. and U 8.14.030 -Nuisance Defined.Each of the following
conditions,unless otherwise permitted by law,is declared to constitutea public nuisance,and
whenever the Code Enforcement Officer determines that any of these conditions exist upon any
premises or in any stream,drainage wayorwetlands,the officer may require or provide for the
abatement thereof pursuant to this chapter.
M.The erecting,maintaining,using,placing,depositing,leaving or permitting to be or remain
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,anyoneormore ofthe
following disorderly,disturbing,unsanitary,fly-producing,rat-harboring,disease-causing
places,conditions or things:
5. Anypoison oakorpoison ivy,Russian thistle orother noxious weeds,as defined by
Chapter 8.22 ofthe Moses Lake Municipal Code entitled "Noxious Weed Control"
whether growing or otherwise;but nothing herein shall prevent the temporary
retention of such weeds in approved covered receptacles.
U.Except for anydesignated public park land,natural area,orenvironmentally sensitive area,
orany undeveloped parcels of land not adjacent to developed areas orwhich are used for
agricultural purposes,all grasses,weeds, orothervegetation growing orwhich has grown
and died,which is determined tobea fire orsafetyhazardoranuisanceto persons,shall not
exceed twelve inches (12") in height measured above the ground.
1.The above exception may be waivedand additional maintenance required bythe
Code Enforcement Officer if he determines such action is necessary to protect the
safety of persons or adjoining property.
RESOLUTION NO.3559
Page 2 October 13, 2015
2. All maintenance shall be done in a manner so that soil stability willnot be disrupted
or disturbed.Grass,weed,or vegetation control shall not include plowing,discing,f0^
or scraping the soil to eliminate thegrasses,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 October 13,2015 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
ofcorrecting and abating such violations ifsuch corrections and abatement is accomplished byCity
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 Chapter 8.14.030 M. 5.and U.
EXHIBIT#2:Notice of Violation and Order to Correct or Cease Activitydated July 27,2015
from the Code Enforcement Officeraddressed to Columbia Basin Investment Group,8568
Dune Lake Road SE,Moses Lake,WA 98837.
EXHIBIT #3:Pictures taken by Code Enforcement Officer of the property located at Farm f^\
Unit 224,Block 41,less easterly 500'and west 12'and one half of vacated street in Section
36,Township 19 North,Range 28 East W.M.,Moses Lake,Washington.
EXHIBIT #4:Letter dated September 23,2015,from the Code Enforcement Officer to
Columbia Basin Investment Group and Lawrence Jacobsen,Jr.advising the property owner
of the hearing regarding abatement of property,scheduled for October 13,2015.
Resolved:
1.A public nuisance inviolation of MLMC 8.14.030 M.5.and U.exists on the subject property at Farm
Unit 224,Block 41,less easterly 500'and west 12'and one half of vacated street in Section 36,
Township 19 North,Range 28 East W.M.,Moses Lake,Washington.Columbia Basin Investment
Group,8568 Dune Lake Road SE,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 within 10'of the sidewalk
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 ofthe Cityimpacting
the quality of life and diminishing property values.
4.Columbia Basin Investment Group,the record contractowner,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:
n
RESOLUTION NO.3559
Page 3 October 13,2015
4.1 Kill the kochia and cut weeds back 10'from the sidewalk
5.City staffshall provide a status reportto City Council on the progress ofthe recordcontract owners
and occupant to make the clean up required on the subject property.If the improvements,as listed
above, are nottothe satisfactionofthe Code EnforcementOfficer,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.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. Acopy ofthis 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 October 13,2015.
<&iis/ggagjg;
Dick Deane,Mayor
ATTEST:
W.Robert Taylor,Fi/^arice Director