3571RESOLUTION NO.3571
A RESOLUTION DETERMINING THAT VONA M.GIBSON EST 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 andOwnership.It isallegedbyaCode EnforcementOfficerofthe City,a person
authorizedto enforce the ordinances and municipal code ofthe City,thatthe real property locatedat Lot
2, less streetand Nely 10'of Lot 3,Block 3,Pleasant View Deferral,Parcel #110890000,Moses Lake,
Washington,isthesiteof public nuisance violations of Moses Lake Municipal Code(MLMC)8.14.030 U.
The records of Grant Countyshowthe ownersofthe subject property to beVona M.Gibson Est,2404
W.Lakeside,Moses Lake,WA 98837.
2.Notice.OnSeptember8,2015,theCode Enforcement Officer causedtobedelivered byregular mail and
certified mailto the ownerof record ofthe subject property a Notice of Violation and Orderto Corrector
Cease Activity.Noappealwas filed to challenge that order.The time to comply underthatorderhas
passed.The nuisance described in that order hasnotbeen abated by correction ofthe condition ofthe
property and a nuisance continues to exist on the subject property.On October 27,2015,the Code
Enforcement Officer caused to be delivered to Vona M.Gibson Est a notice of the intent of the City
Council to consider adoption of a resolution such as this at its meeting of November 10,2015.Such
noticewas inwriting,inthe English language andwas delivered by return receipt mail and regular mail
to the record owner of the subject property.
3. Violations. Ithas 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 U -8.14.030 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 in
anystream, drainageway orwetlands, the officermay requireorprovidefor the abatementthereof
pursuant to this chapter.
U.Except forany designated public park land, natural area, or environmentally sensitive area,
or any undeveloped parcels of land not adjacent to developed areas or which are used for
agricultural purposes,all grasses,weeds,or other vegetation growing or which has grown
and died, which is determined to be a fireor 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.
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, 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 stabilityand which
shall be approved by the city prior to any plowing,discing, or scraping, is implemented
immediately.
4.Hearing.On November 10,2015 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 forthe 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.
RESOLUTION NO.3571
Page 2 November 10,2015
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 September 8,2015
from the Code Enforcement Officer addressed to Vona M.Gibson Est,2404 W.Lakeside Drive,
Moses Lake,WA 98837
EXHIBIT #3:Pictures taken by Code Enforcement Officer of the property located at 2404 W.
Lakeside,Moses Lake,Washington.
EXHIBIT #4:Letter dated October 27,2015,from the Code Enforcement Officer to Vona M.
Gibson Estadvising the property ownerof the hearing regarding abatement of property,scheduled
for November 10,2015.
Resolved:
1. A public nuisance in violation of MLMC 8.13.030 U exists on the subject property at 2404 W.Lakeside,
Moses Lake,Washington.Vona M.Gibson Est,2404 W.Lakeside,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.grasses and weeds in excess of 12" in height
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.Vona M.Gibson Est,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 grasses and weeds must be cut down and removed
5. Citystaff 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. 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.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 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 November 10,2015.
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Dick Deane,Mayor
Robert Taylor,finance Director