3641RESOLUTION NO.3641
A RESOLUTION DETERMINING THAT DIVERSIFIED COMMERCIAL HOLDINGS,LLC IS THE
OWNER OF CERTAIN REAL PROPERTY WITHIN THE CITY;THAT A NUISANCE REQUIRING
ABATEMENT BY CITY FORCES OR FORCES CONTRACTED BYTHE CITY EXISTSON SUCH
PROPERTY;AND DIRECTING THE USE OF SUCH FORCES TO ABATE THE NUISANCE FOUND
Recitals:
1.Real Property Location and Ownership.It isalleged bya Code Enforcement Officer ofthe City,a person
authorized toenforce theordinances and municipal code oftheCity,that thereal property located at1111N.Evelyn,(Parcel 1,Parkplace Plaza Lot 3 Commercial BSP#1)Parcel #102121000,Moses Lake,
Washington,is the site of public nuisance violations of Moses Lake Municipal Code (MLMC)8.14.The
records ofGrant County show the owners ofthe subject property to beDiversified Commercial Holdings,
LLC,2522 N.Proctor Street, #467,Tacoma WA 98406.
2.Notice.On May 31 and August 3,2016,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
ofthe property and anuisance continues to exist on the subject property.On August 29,2016,the Code
Enforcement Officer causedtobe delivered to Diversified Commercial Holdings,LLC anotice ofthe intent
ofthe City Council to consider adoption ofa resolution such asthis atits meeting ofSeptember 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 hasbeen established bythe Notice ofViolation and Order toCorrect orCease Activity that
the following violations existonthe subjectproperty andhavenotbeen 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
EnforcementOfficer determines thatany of these conditions exist uponany premises or in any
stream,drainage wayorwetlands,the officer may require or provide for the abatementthereof
pursuant to this chapter.
U.Except for any designated public parkland,natural area, or environmentally sensitive area,
orany undeveloped parcelsof landnot adjacentto developed areas orwhichare used for
agricultural purposes,all grasses,weeds,or other vegetation growing or which has grown
and died, which is determined to be a fire or safety hazard ora nuisance to persons,shallnot
exceed twelve inches (12") in height measured above the ground.
1.The above exception may be waived and additional maintenance requiredbythe Code
Enforcement Officer if he 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 stabilityand which
shall be approved by the city priorto any plowing,discing,or scraping,is implemented
immediately.
4.Hearing.On September 13,2016 the Moses Lake City Council conducted a hearing to consider the
allegations of the Code Enforcement Officerthat the subject propertycontains a publicnuisance ordered
corrected which remains uncorrected and that the record owner is responsible forthe costs of correcting
and abating such violations ifsuch 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 or oral
evidence relevant to the issue.
RESOLUTION NO.3641
Page 2 September 13,2016
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 8.13.030 U
EXHIBIT #2:Notice ofViolation and OrdertoCorrector Cease Activity dated May 31 and August
3,2016 from theCode Enforcement Officer addressed to Diversified Commercial Holdings,LLC,
2522 N.Proctor Street,#467,Tacoma,WA 98406.
EXHIBIT #3: Pictures taken by Code Enforcement Officer of the property located at 1111 N.
Evelyn,Moses Lake,Washington.
EXHIBIT #4:Letter dated August 29,2016 from the Code Enforcement Officer to Diversified
Commercial Holdings,LLC 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 Uexists on the subject property at 1111 N.Evelyn,
Moses Lake,Washington.Diversified Commercial Holdings,LLC 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:Weeds over 12"
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.Diversified Commercial Holdings,LLC,the record contractowner,has fifteen (15)days from thedate
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
5.City staff shall providea status report to City Councilon the progress ofthe 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 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 Cityexpense shall be recovered by the City Manager by all reasonable means
including immediate assignment of the costs so incurredfor collection.
6. Acopyofthis resolution shall be provided tothe record contractowner by return receipt and regular
mail after its approval by the CityCouncil.
Adopted by the City Council on September 13,2016
Todd Vothi"Mayor
ATTEST:
W.Rob