3640RESOLUTION NO.3640
A RESOLUTION DETERMINING THAT JACK P.AND ANNA M.BLACK TRUSTEES ARE THE
OWNERS OF CERTAIN REAL PROPERTYWITHIN 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 ABATETHE NUISANCE FOUND
Recitals:
1.Real PropertyLocation and Ownership. Itis alleged by a Code Enforcement Officerofthe City,a person
authorized to enforce the ordinances and municipalcode of the City,that the real propertylocated at
Eastlakeand Bailey (W1/2 NW,W of Co Rd Ls Plat &St &Tax # inSection 26, Township 19 N,Range
28 EWM),Parcel #1100500000,Moses Lake,Washington,isthe siteof public nuisance violations of
Moses Lake Municipal Code (MLMC)8.14.The records of Grant Countyshowthe ownersofthe subject
property tobeJackP&AnnaM.Black,Trustees,Revocable Living Trust,210W.Linden,Avenue,Moses
Lake,WA 98837.
2.Notice.On June 27, 2016, the Code EnforcementOfficer caused to be delivered by regular mail and
certified mail tothe ownerof record ofthe subject property a Notice ofViolation andOrderto Correct or
Cease Activity.No appeal was filed to challenge that order.The timeto comply under that order has
passed.The nuisance described in that order hasnot been abated by correction ofthe condition ofthe
property and a nuisance continues to existon the subject property.On August 29,2016,the Code
Enforcement Officer caused to be delivered to Jack P. &Anna M. Black Trustees a notice of the intent
oftheCity Council to consider adoption ofa resolution such asthis atits meeting of September 13,2016.
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 hasbeenestablished bythe Notice ofViolation and Order toCorrect orCeaseActivity that
the following violations existonthe subject property andhavenotbeen corrected:
3.1 A violation of MLMC 8.14.030 M5 -Nuisance Defined.Eachof the following conditions,unless
otherwise permitted bylaw,isdeclared toconstitute a public nuisance,and whenever the Code
Enforcement Officer determines thatanyofthese 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.
M.The erecting,maintaining,using,placing,depositing,leaving or permitting tobeor remain
in or upon any private lot,building,structure or premises,or in or upon any street,alley,
sidewalk,park,parkway orother public or private place in the city,any oneormore 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,as defined 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 inapproved covered receptacles.
4.Hearing.On September 13,2016 the Moses Lake City Council conducted ahearing toconsider the
allegations ofthe Code Enforcement Officer that the subject property contains a public nuisance
orderedcorrectedwhichremainsuncorrected andthatthe 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 or oral evidence relevant tothe issue.
5.Evidence:
5.1.The following persons testified under oath:
Rick Rodriguez,Moses LakeCode Enforcement Officer
RESOLUTION NO.3640
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 June 27,2016
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 Officerof the property located at Eastlake
and Bailey,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 inviolation of MLMC 8.14.030 M5 exists on the subject property at Eastlake and
Bailey,Moses Lake,Washington.Jack P. &Anna M.Black Trs,Revocable Living Trust, 210 W.
Linden Avenue,Moses Lake,WA 98837-2535 are the record contractowners of 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 and weeds
cut back 10'from the sidewalk
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.Ifthe improvements,as listed
above,are not to the satisfaction of the Code Enforcement Officer,the Cityis 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 13,2016.
I.Robert Taylor/Finance Director
(
TddcfVoth,Ivlayor
ATTEST: