3622RESOLUTION NO.3622
A RESOLUTION DETERMINING THAT LORANCE PENCE ISTHE OWNEROFCERTAIN
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 and Ownership.It is alleged byaCode Enforcement Officer ofthe City,
a person authorized to enforce the ordinances and municipal code of the City,that the real
property located at Lot 15,Block 5,Capistrano Park,Parcel #90967000,Moses Lake,
Washington,is the site of public nuisance violations of Moses Lake Municipal Code (MLMC)
8.14.The records of Grant County show the owner of the subject property to be Lorance
Pence,26910 92nd Avenue NW, Suite C-5,Stanwood, WA 98292.
2.Notice.On May 16,2016,the Code Enforcement Officer caused to bedelivered by regular mail
and certified mail tothe ownerof record ofthe subject property a Notice ofViolation 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 ofthe property and a nuisance continues to existonthe subject
property.On June 23,2016,the Code Enforcement Officer caused tobe delivered to Lorance
Pencea notice ofthe intent ofthe City Council to consider adoption ofa resolution suchasthis
at its meeting of July 12,2016.Such notice was in writing,in the English language and was
delivered by return receipt mail and regular mail tothe record owner ofthe subject property.
3.Violations.It has been established bythe Notice of Violation and Order to Correct orCease
Activity that the following violations exist on the subject property and have not been corrected:
3.1 A violationof MLMC 8.14.030 U- 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 orwetlands,the officer may require
or provide for the abatement thereof pursuantto this chapter.
U.Except for any designated public park land,natural area,or environmentally
sensitivearea,oranyundeveloped parcels ofland notadjacenttodeveloped areas
orwhichare used for agricultural purposes,all grasses,weeds,orothervegetation
growing or which has grown and died,which is determined to be a fire orsafety
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 Officerifhe 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
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 stability and which shall be approved by the city prior
to any plowing,discing,or scraping,is implemented immediately.
RESOLUTION NO.3622
Page 2 July 12, 2016
4. Hearing. On July 12,2016 the Moses Lake City Council conducted a hearing to consider
the allegations of the Code Enforcement Officerthat the subject property contains a public
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 by the City for such
purpose.All interested persons were permitted to provide written 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 partof the record of the proceedings:
EXHIBIT#1:Moses Lake Municipal Code Chapters 8.14.030.U
EXHIBIT #2:"Notice of Violation and Orderto Correct or Cease Activity sent May
16,2016 from the Code Enforcement Officer addressed to Lorance Pence,26910
92nd Avenue NW, Suite C5,Stanwood,WA 98292-5437
EXHIBIT #3: Pictures taken by Code Enforcement Officer of the property located
at Lot 15, Block 5,Capistrano Park,Moses Lake,Washington.
EXHIBIT #4:Letter dated June 23,2016 from the Code Enforcement Officer to
Lorance Pence advising the property owner of the hearing regarding abatement of
property,scheduled for July 12,2016.
Resolved:
1.A public nuisance inviolation of MLMC 8.14 exists on the subject property at Lot 15,Block
5, Capistrano Park, Moses Lake,Washington.Lorance Pence, 26910 92nd Avenue Ne,
Suite C-5,Stanwood,WA 98292 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/or grass over 12"high
3.The maintenance ofthese 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.Lorance Pence,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 Weeds must be cut back 10'from the sidewalk and neighboring properties and
removed from the sidewalk planter strip
RESOLUTION NO.3622
Page 2 July 12,2016
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
nuisancestobe removed from thesubject property tothe satisfaction ofthe 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 July 12,2016.
odd'Vdtn,Mayor
f.Rob/Srt Taylor^/Rnance Director