3610RESOLUTION NO.3610
A RESOLUTION DETERMINING THAT JEREMY BLACKWELL IS THE OWNER OF
CERTAIN REAL PROPERTY WITHIN THE CITY;THAT A NUISANCE REQUIRING
ABATEMENT BYCITY FORCES OR FORCES CONTRACTED BYTHE CITY EXISTS ON
SUCH PROPERTY;AND DIRECTING THE USE OF SUCH FORCES TO ABATE THE
NUISANCE FOUND
Recitals:
1.Real PropertyLocationand Ownership.It isalleged by aCode Enforcement Officerofthe City,
a person authorized to enforce the ordinances and municipal code of the City,that the real
property located at404 N.Dale Road (Lot 63, less NEly 3.5',Knolls Visatl 3th Addition,Parcel
#100522000,Moses Lake,Washington,isthe site of publicnuisance violationsof Moses Lake
Municipal Code (MLMC)8.14.030 U.The records of Grant County show the owners of the
subject property to be Jeremy Blackwell,404 N.Dale,Moses Lake,Washington, 98837.
2.Notice.On April 29,2016,the Code Enforcement Officer caused to be delivered by regular
mailand certified mailto the owner of record of the subject property a Notice of Violation and
Orderto Corrector Cease Activity.No appeal was filed to challenge that order.The time to
comply under thatorder haspassed.The nuisance described in thatorder hasnotbeen abated
bycorrection ofthe condition ofthe property anda nuisance continues toexistonthe subject
property.On May 10,2016,the Code Enforcement Officer causedto be delivered to Jeremy
Blackwell a noticeofthe intentofthe City Council to consider adoptionof a resolution such as
this at its meeting of May 24,2016.Such notice was in writing,in the English language and
was delivered by return receipt mail and regular mail to the record owner of the subject
property.
3.Violations.It has been established by the Notice of Violation and Order to Correct orCease
Activity thatthe following violations existonthe subject property and havenotbeen 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 public nuisance,and
whenever the Code Enforcement Officer determines that any of these conditions exist upon any
premises orin any stream,drainage way orwetlands,theofficer may require or provide for the
abatement thereof pursuant to this chapter.
U.Except for anydesignated public park land,natural area,orenvironmentally sensitive area,
orany undeveloped parcels ofland not adjacent to developed areas orwhich are used for
agricultural purposes,all grasses,weeds,orother vegetation growing orwhich has grown
anddied,which is determined tobea fire orsafety hazard oranuisanceto persons,shall not
exceed twelve inches (12")inheight measured above the ground.
1. The above exception may be waived and additional maintenance required bythe
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 ina manner so that soilstabilitywill not be disrupted
ordisturbed.Grass,weed, orvegetationcontrol shall not include plowing,discing,
orscraping the soil to eliminate thegrasses,weeds,orothervegetation unlessasoil
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.
RESOLUTION NO.3610
Page2 May 24,2016
4.Hearing.On May 24,2016 the Moses Lake City Council conducted a hearing to consider
the allegations ofthe Code Enforcement Officerthat 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.Allinterested persons were permitted to providewritten ororal evidence relevant
to the issue.
5.Evidence:
5.1.The following persons testified under oath:
Tina Jewell,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 ofViolation and Order to Correct or Cease Activity dated April
29,2016 from the Code Enforcement Officer addressed to Jeremy Blackwell,404
N.Dale road,Moses Lake,WA 98837
EXHIBIT #3:Pictures taken by Code Enforcement Officer ofthe property located
at 4040 N. Dale Road,Moses Lake,Washington.
EXHIBIT #4:Letter dated May 10,2016,from the Code Enforcement Officer to
Jeremy Blackwell advising the property owner ofthe hearing regarding abatement
of property,scheduled for May 24,2016.
Resolved:
1.A public nuisance in violation of MLMC 8.14.030 U exists on the subject property at 404
N. Dale Road,Moses Lake,Washington.Jeremy Blackwell,404 N. Dale Road,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.weeds and grasses 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 tranquility ofthe residents of
the City impacting the quality of life and diminishing property values.
4.Jeremy Blackwell,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 grass and weeds must be cut down to lower than 12"in height
RESOLUTION NO.3610
Page 3 May 24,2016
5. Citystaff shall provide a status report to CityCouncil on the progress ofthe record contract
owners and occupant to make the clean up required on the subject property.If the
improvements, as listedabove, are nottothe satisfaction ofthe 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 bythe City Manager by all reasonable means including immediate assignment
of the costs so incurred for collection.
6. Acopyofthis resolution shall be provided tothe record contractowner by return receipt and
regular mail after its approval by the City Council.
Adopted by the City Council on May 24,2016.
Voth,Mayor
ATTEST:
tofcfert Taylor,Finance Director