3639RESOLUTION NO.3639
A RESOLUTION DETERMINING THAT JACK P. AND ANNA M.BLACK TRUSTEES ARE THE
OWNERS OFCERTAIN REALPROPERTYWITHIN THECITY;THATA NUISANCE REQUIRING
ABATEMENT BYCITY FORCESOR FORCES CONTRACTED BYTHECITY EXISTS ON SUCH
PROPERTY;AND DIRECTING THE USE OF SUCH FORCES TO ABATE THE NUISANCE FOUND
Recitals:
1.RealProperty Location andOwnership.It is alleged byaCode Enforcement Officer ofthe City,a person
authorized toenforce theordinances and municipal code oftheCity,that thereal property located at210
Linden (Lot 6,Montlake Add.#1),Parcel #101557000,Moses Lake,Washington,is the site of public
nuisance violations ofMoses Lake Municipal Code (MLMC)8.14.The records ofGrant County show the
owners ofthe subject property to be Jack P&Anna M.Black,Trustees,Revocable Living Trust,210 W.
Linden,Avenue,Moses Lake,WA 98837.
2.Notice.On July 18,2016,the Code Enforcement Officer caused to be delivered by regular mail and
certified mail tothe owner of 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 ofthe condition of the
property and a nuisance continues to exist on the subject property.On August 29,2016,the Code
EnforcementOfficer caused to be delivered to Jack P.&Anna M.Black Trustees a noticeofthe intent
ofthe City Council toconsider adoption ofaresolution such asthis atits meeting ofSeptember 13,2016.
Such notice was in writing,in theEnglish language and was delivered byreturn receipt mail and regular
mail to the record owner of the subject property.
3.Violations.It hasbeen established bythe Notice ofViolation and Order toCorrect orCease Activity that
the following violations existonthe subject property and have notbeencorrected:
3.1 A violation of MLMC 8.14.030 M5 - Nuisance Defined. Each of the following conditions,unless
otherwise permitted by law,is declared toconstitute a public nuisance,and whenever the Code
EnforcementOfficer determines thatany of these conditions exist uponany premises orinany
stream,drainage way or wetlands,the officer may require or provide for theabatement thereof
pursuant to this chapter.
M.The erecting,maintaining,using,placing,depositing,leaving orpermitting tobeorremain
in orupon any private lot,building,structure or premises,orin or upon any street,alley,
sidewalk,park,parkway orother public or private place in the city,anyoneormore ofthe
following disorderly,disturbing,unsanitary,fly-producing,rat-harboring,disease-causing
places,conditions or things:
5.Any poison oak or poison ivy,Russian thistle or other noxious weeds,asdefined by
Chapter 8.22 ofthe Moses Lake Municipal Code entitled "Noxious Weed Control"
whether growing or otherwise;but nothing herein shall prevent the temporary
retention of such weeds in approved covered receptacles.
4.Hearing.On September 13,2016 theMoses Lake City Council conducted a hearing toconsider the
allegations ofthe Code Enforcement Officer that the subject property contains a public nuisance
orderedcorrectedwhichremains uncorrectedandthatthe record ownerisresponsible for the costs
ofcorrecting 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 ororal evidence relevant tothe issue.
5.Evidence:
5.1.The following persons testified under oath:
Rick Rodriguez,Moses LakeCode EnforcementOfficer
RESOLUTION NO.3639
Page 2 September 13, 2016
5.2.The following exhibits were made a part of the record of the proceedings:
EXHIBIT #1:Moses Lake Municipal Code Chapter 8.13.030 M 5
EXHIBIT#2:Notice of Violation and Order to Correct or Cease Activity dated July 13,2016
from the Code Enforcement Officer addressed to Jack P. &Anna M.Black Trs,Revocable
Living Trust,210 W. Linden Avenue,Moses Lake, WA 98837-2535.
EXHIBIT#3:Pictures taken by Code Enforcement Officer of the property located at 210 W.
Linden,Moses Lake,Washington.
EXHIBIT#4:Letter dated August 29,2016 from the Code Enforcement Officer to Jack P.
&Anna M.Black Trs advising the property owner of the hearing regarding abatement of
property,scheduled for September 13,2016.
Resolved:
1. A public nuisance in violation of MLMC 8.14.030 M 5 exists on the subject property at 210 W.
Linden,Moses Lake,Washington.Jack P. &Anna M.Black Trs,Revocable Living Trust, 210 W.
Linden Avenue,Moses Lake, WA 98837-2535 are the record contract ownersof the subject property
per the records of Grant County.
2.The public nuisance located upon the subject property consists of:
2.1.Noxious weeds
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.Jack P. &Anna M.Black Trs,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 Noxious weeds must be sprayed to kill the plants and then removed from the area
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. 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 September 13,2011
Todd Voth,Mayor
W.Rober/Taylor,Finance Director