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3567RESOLUTION NO.3567 U A RESOLUTION DETERMINING THAT JUAN P.AND PAULA S.DURAN ARETHE OWNERSOF CERTAIN REAL PROPERTYWITHIN 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 Locationand Ownership. Itis alleged by a Code Enforcement Officer of the City,a person authorized to enforce the ordinances and municipal code of the City,that the realpropertylocated at 945 S. BalsamStreet (Lot12,GardenHeightsAddition)Parcel #091437000, Moses Lake,Washington, isthe site of public nuisance violations of Moses Lake Municipal Code (MLMC)8.14.030 U.The recordsof GrantCountyshow the owners ofthe subject property to be Juan P.and Paula S.Duran,3765 DStreet NE,Salem OR 97301. 2. Notice. On June 8, 2015 the Code Enforcement Officer caused to be delivered by regular mail and certifiedmailto the owner of recordof the subject propertya Noticeof Violation and Orderto Corrector Cease Activity.No appeal was filed to challengethat order.The time to comply underthat orderhas passed. The nuisancedescribedinthatorderhas notbeen abated bycorrection ofthe condition ofthe property and a nuisance continues to exist on the subject property.On October 16,2015 the Code Enforcement Officer caused to be delivered to Juan & Paula Duran a notice of the intent of the City Council toconsider adoption ofa resolution such as thisatitsmeetingofOctober27,2015.Such notice was in writing,in the English language andwas delivered by return receipt mail and regular mail tothe record owner of the subject property. 3.Violations.It has been establishedbythe Notice ofViolation and Order to Correct orCease Activity that the following violations exist on the subject property and have not been corrected: [^J 3.1 Aviolation ofMLMC 8.14.030 U-8.14.030 Nuisance Defined.Each ofthe following conditions, unless otherwise permitted bylaw,is declared to constitute a public nuisance,andwheneverthe Code Enforcement Officer determinesthatanyofthese conditions exist uponany premisesorin anystream,drainage way orwetlands,theofficer mayrequire orprovide for theabatement thereof pursuant to this chapter. U.Except for anydesignated public park land,natural area,orenvironmentally sensitive area, orany undeveloped parcels of land notadjacent to developed areas orwhich areused for agricultural purposes,all grasses,weeds, orothervegetation growing orwhich has grown anddied,which isdetermined tobea fire orsafetyhazard oranuisanceto persons,shall not exceed twelve inches (12")inheight measured above the ground. 1.The aboveexception maybe waived andadditional maintenance required bytheCode Enforcement Officer ifhe determines such action is necessary to protectthe safety of persons or adjoining property. 2. All maintenance shall be done ina manner so that soil stabilitywill 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 dustand maintain soil stability and which shall be approved bythecity prior toany plowing,discing,orscraping,is implemented immediately. 4.Hearing.On October 27, 2015 the Moses Lake City Council conducted a hearing to considerthe allegations oftheCode Enforcement Officer that thesubject property contains a public nuisance ordered correctedwhichremains uncorrectedandthatthe record ownerisresponsible for the costs of correcting and abating such violations ifsuch corrections and abatement is accomplished by City forces or forces {^J contracted by the City for such purpose.All interested persons were permitted to provide written or oral evidence relevant to the issue. RESOLUTION NO.3567 Page 2 October 27, 2015 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 U EXHIBIT #2:Notice of Violation and Order to Correct or Cease Activity dated June 8,2015 from the Code Enforcement Officer addressed to Juan &Paula Duran,3765 D Street NE,Salem,OR 97301 EXHIBIT #3:Pictures taken by Code Enforcement Officer of the property located at 945 S. Balsam,Moses Lake,Washington. EXHIBIT #4:Letter dated October 16,2015 from the Code Enforcement Officer to Juan &Paula Duran advising the property owner of the hearing regarding abatement of property,scheduled for October 27,2015. Resolved: 1.Apublic nuisance inviolation of MLMC8.14.030 Uexists on the subject property at945 S.Balsam,Moses Lake,Washington.Juan &Paula Duran,3765 D Street NE,Salem,OR 97301 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" in height on the property and in the sidewalk planter strip 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.Juan &Paula Duran,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 staff shall provide a status report to City Council on the progress of the 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 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.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. 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 October 27,2015. Dick Deane,Mayor " "