3629RESOLUTION NO.3629
A RESOLUTION DETERMINING THAT LOUIS MATTLY IS THE OWNER OF CERTAIN REAL
PROPERTY WITHIN THE CITY;THAT A NUISANCE REQUIRING ABATEMENT BYCITY FORCES
ORFORCES 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.It isalleged by a Code Enforcement Officer oftheCity,a person
authorized to enforce the ordinances and municipal code ofthe City,that the real property located at1116
S.Evergreen Drive,(Lot 3,Block 2.Hayden Estates Third Addition),Parcel #111987008.Moses Lake.Washington,is the site of public nuisance violations of Moses Lake Municipal Code (MLMC)8.14.030 U.
The records of Grant County show the owner ofthe subject property to be Louis Mattly,1800 N.Cole
Road,Apt.D-108,Boise,ID 83704-7373.
2 Notice On June 17.2016,the Code Enforcement Officer caused to be delivered by regular mail and
certified mail totheowner ofrecord ofthe subject property a Notice ofViolation and Order to Correct orCeaseActivityNoappealwasfiledtochallengethatorder.The time to comply under that order haspassed.The nuisance described in that order has not been abated by correction of the condition of thepropertyandanuisancecontinuestoexistonthesubjectproperty.On July 25,2016,the Code
Enforcement Officer caused to be delivered to Louis Mattly a notice ofthe intent ofthe City Council toconsideradoptionofaresolutionsuchasthisatitsmeetingofAugust9,2016.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 ofViolation 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-Nuisance Defined.Each ofthe following conditions,unless
otherwise permitted by law.is declared to constitute a public nuisance,and whenever the Code
Enforcement Officer determines thatanyofthese conditions existupon 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 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 isdetermined tobea fire orsafetyhazard ora nuisance to persons,shall not
exceed twelveinches (12")inheightmeasured above the ground.
1.The above exception maybe waived andadditional maintenance required bytheCode
Enforcement Officerifhe determines such actionis necessary to protectthe safety of
persons or adjoining property.
2. All maintenance shall be done ina manner so that soil stabilitywill 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,whichwill minimizeblowing dust and maintain soilstability andwhich
shallbe approved bythe city prior to any plowing,discing,orscraping,is implemented
immediately.
4.Hearing.OnAugust 9,2016 the Moses LakeCityCouncil conducted ahearingtoconsiderthe 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 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 forsuch purpose. Allinterested persons were permitted to providewrittenororal
evidence relevant to the issue.
RESOLUTION NO.3629
Page 2 August 9, 2016
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:Noticeof Violation and Orderto Correct or Cease Activity dated June 17,2016from
the Code Enforcement Officer addressed to Louis L.Mattly,1800 N.Cole Road,Apt.D-108,Boise,
ID 83704-7373.
EXHIBIT #3:Pictures taken by Code Enforcement Officer of the property located at 1116 S.
Evergreen,Moses Lake,Washington.
EXHIBIT #4: Letterdated July25, 2016,from the Code Enforcement Officer to Louis L.Mattly
advisingthe propertyownerofthe hearing regarding abatement of property,scheduled forAugust
9,2016.
Resolved:
1.Apublic nuisance inviolation of MLMC 8.14.030 U.exists on the subject propertyat 1116 S. Evergreen,
Moses Lake,Washington.Louis Mattly,1800 N.Cole Road,Apt. D-108,Boise,ID 83704-7373 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 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.Louis Mattly,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 and grasses must be cut to lower than 12" in height
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 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. Acopyofthis resolutionshall be providedto the record contract owj^ef byreturn receipt and regular
mail after its approval by the City Council.
Adopted by the CityCouncil on August 9, 2016.
ATTEST /?Todd Voth,Mayor x