3619RESOLUTION NO.3619
^_J A RESOLUTION DETERMINING THAT ROLAND C.AND ANASTACIA HUFF ARE THE
OWNERS OF CERTAIN REAL PROPERTY WITHIN THE CITY;THAT A NUISANCE
REQUIRING ABATEMENT BY CITY 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 Property Location and Ownership.Itis alleged by a Code EnforcementOfficer ofthe City,
a person authorized to enforce the ordinances and municipal code of the City,that the real
property located at 9972 NE Sunny Drive (Lot 1,Block 3,Longview Tracts),Parcel
#120405000,Moses Lake,Washington,is the site of public nuisance violations of Moses Lake
Municipal Code (MLMC)8.14.030.The records ofGrant County showthe owners ofthe subject
property to be Roland C. &Anastacia Huff,4917 E.Commerce Avenue,Spokane,WA 99212.
2. Notice. On May 4,2016,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 of Violation 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 in that order has not been abated by
correction of the condition of the property and a nuisance continues to exist on the subject
property. On June 16,2016 the Code Enforcement Officer caused to be delivered to Roland
and Anastacia Huff a notice of the intent ofthe City Council to consider adoption of a resolution
such as this at its meeting of June 28,2016.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
\^_J subject property.
3. Violations. It has been established by the Notice of Violation and Order to Correct or Cease
Activity that the following violations exist on the subject property and 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 public nuisance,
and whenever the Code Enforcement Officer determines that any of these conditions
exist upon any premises or in any stream,drainage way or wetlands,the officer may
require or provide for the abatement thereof pursuant to this chapter.
U.Except for any designated public park land,natural area,or environmentally
sensitive area,or any undeveloped parcels ofland not adjacent to developed areas
or which are used for agricultural purposes,all grasses,weeds,or othervegetation
growing or which has grown and died,which is determined to be a fire or 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 will not be
disrupted or disturbed.Grass,weed,or vegetation control shall not include
\^_J plowing,discing,or scraping the soil to eliminate the grasses, weeds, orother
vegetation unless a soil stabilization plan,which willminimize 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.3619Page2 _June 28,2016
4.Hearing.On June 28,2016 the Moses Lake City Council conducted a hearing to consider theallegationsoftheCodeEnforcementOfficerthatthesubjectpropertycontainsapublic C ^
nuisance ordered corrected which remains uncorrected and that the record owner is
responsible for the costs of correcting and abating such violations if such corrections and
abatement is accomplished by City forces or forces contracted bythe 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 personstestifiedunder oath:
Rick Rodriguez,Moses Lake Code Enforcement Officer
5.2.The following exhibits were made a part ofthe record ofthe proceedings:
EXHIBIT #1:Moses Lake Municipal Code Chapter 8.14.030 U
EXHIBIT #2:Notice ofViolation and Order to Correct orCease Activity dated May 4,
2016 from the Code Enforcement Officer addressed to Roland C.AndAnastacia Huff,
4917 E.Commerce Avenue,Spokane,WA 99212
EXHIBIT #3:Pictures taken by Code Enforcement Officer ofthe property located at
9972 NE Sunny Drive,Moses Lake,Washington.
EXHIBIT #4:Letter dated June 16,2016 from the Code Enforcement Officer to Roland
C.And Anastacia Huff advising the property owner of the hearing regarding abatement f)
of property,scheduled for June 28,2016.
Resolved:
1 A public nuisance in violation of MLMC 8.14.030 exists on the subject property at 9972 NE
Sunny Drive,Moses Lake,Washington.Roland C&Anastacia Huff,4917 E.Commerce
Avenue,Spokane,WA 99212 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
3 The maintenance ofthese public nuisance violations on the subject property by the record
owner isdetrimental tothehealth,safety,welfare,peace and tranquility ofthe residents of
the City impacting the quality of life and diminishing property values.
4.Roland C.&Anastacia Huff,the record contract owners,have fifteen (15)days from the
date ofthe adoption ofthis resolution to cause the nuisance violations listed herein to be
removed tothesatisfaction ofthe Code Enforcement Officer.Thoseimprovements include
the following:
4.1 Weeds must be cut downand/orremoved from the site
5.City staff shall provide astatus 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,
<J
^J
^J
RESOLUTION NO.3619
Page 3 June 28,2016
6.
the City is authorized to use City forces or contract forces to cause the identified public
nuisances tobe removed from thesubject property tothesatisfaction ofthe City Manager.
All costs of any removal of the identified public nuisances done at City expense shall berecoveredbytheCityManagerbyallreasonablemeansincludingimmediateassignment
of the costs so incurred for collection.
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 bythe City Council on June 28,2016.
Todd Voth,Mayor
ATTEST:
W.Ro