3627RESOLUTION NO.3627
A RESOLUTION DETERMINING THAT KENDRA LUTHER AND LINDALUCAS ARETHE
OWNERS OF CERTAIN REAL PROPERTY WITHIN THE CITY;THAT A NUISANCE
REQUIRING SUMMARY ABATEMENT BY CITY FORCES OR FORCES CONTRACTED
BY THE CITY EXISTED ON SUCH PROPERTYWHICH REQUIRED THE USE OF SUCH
FORCES TO ABATE THE NUISANCE FOUND
Recitals:
1.Real Property Location and Ownership.It isallegedbyaCode EnforcementOfficerofthe City,
a person authorized to enforce the ordinances and municipal code ofthe City,that the real
property located at 1244 S.Division Street (Lot 11,Broad Ripple #1),Parcel #090640000,
Moses Lake,Washington,isthe site of public nuisance violations of Moses Lake Municipal
Code (MLMC)8.14.030 U.The records of Grant County show the owners of the subject
property to beKendra Luther and Linda Lucas,21444 30th Avenue S.,Seatac,WA 98198-6030.
2.Notice.OnJune 21,2016 the Code Enforcement Officer determined thatthe nuisance onthe
property,weeds in excess of 12",was an immediate danger to the health and safety ofthe
public.The nuisance was corrected by removal ofthe weeds.On June 24,2016,the Code
Enforcement Officer caused to be delivered to Kendra Luther and Linda Lucasa noticeofthe
intent ofthe City Council to consider adoption ofa resolution such as this at its meeting of
August 9,2016.Such notice was in writing,in the English language and was delivered by
return receipt mail and regular mail to the record ownerof the subject property.
3.Violations.It has been established that a nuisance existed onthe property andwas corrected
by the City of Moses Lake.
4.Hearing.On August 9,2016the Moses Lake City Council conducted a hearing to consider the
allegations of the Code Enforcement Officer that the subject property contained a public
nuisance,which constituted an immediate dangersubjectto summary correction bythe Code
Enforcement Officer pursuant toMosesLakeMunicipal Code 8.14.080,thatthe nuisance was
abated bythe City of Moses Lake,and that the record owner is responsible for the costsof
abating suchviolation.All interested persons were permitted to provide written ororal evidence
relevant to the issue.
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:Moses Lake Municipal Code 8.14.080
EXHIBIT #3:Pictures taken by Code Enforcement Officer of the property located at
1244 Division Street,Moses Lake,Washington.
RESOLUTION NO.3627
Page 2 August 9,2016
EXHIBIT #4:Letters dated July 26,2016,from the Code Enforcement Officer to Kendra
Luther and Linda Lucas advising the property owner of the hearing regarding abatement
of property,scheduled for August 9,2016.
Resolved:
1. A public nuisance in violation of MLMC 8.14.030 U existed on the subject property at 1244 S.
Division Street,Moses Lake,Washington.Kendra Luther and Linda Lucas,21444 305th
Avenue S.Seatac,WA 98198-6030 are the record contract owners of the subject property per
the records of Grant County.
2. The public nuisance located upon the subject property constituted an immediate danger to
the safety of the public by obstructing vehicular view and consisted of:
2.1.Weeds over 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. The Cityof Moses Lake caused the nuisance to be abated due to immediate danger to the
health and safety of the public.
5. Acopy ofthis resolution shall be provided tothe record contract owner byreturn receipt and
regular mail after its approval by the City Council.
Adopted by the City Council on August 9,2016.
W.Robert Taylor,Finance Director
"odcfVoth,Mayor
ATTEST: