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3642RESOLUTION NO.3642 A RESOLUTION DETERMINING THAT JACK P.ANDANNA M.BLACK TRUSTEES ARE THE OWNERS OFCERTAIN REAL PROPERTY WITHIN THE CITY;THAT A NUISANCE REQUIRING ABATEMENT BYCITY FORCES OR FORCES 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 byaCode Enforcement Officer ofthe City,a person authorized toenforce theordinances and municipal codeoftheCity,that thereal property located at221 Burke (Tax#5652),Parcel #110409000,Moses Lake,Washington,is the site ofpublic nuisance violations of Moses Lake Municipal Code (MLMC)8.14.The records of Grant County show the owners of the subject property to be Jack P&Anna M.Black,Trustees,Revocable Living Trust,210 W.Linden, Avenue,Moses Lake,WA 98837. 2.Notice.On August 1,2016,the Code Enforcement Officer caused to be delivered by regular mail and certified mail totheowner of record ofthe subject property a Notice ofViolation and Order toCorrect 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 of the condition of the property and a nuisance continues to exist on the subject property.On August 29,2016,the Code Enforcement Officer causedto be delivered toJack P.&AnnaM.Black Trustees a notice ofthe intent ofthe City Council to consider adoption ofaresolution such asthis at its 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 to Correct orCease Activity that the following violations existonthe subject property and havenot beencorrected: 3.1 A violation of MLMC 8.14.030 U - Nuisance Defined.Each of the following conditions,unless otherwise permitted bylaw,isdeclared toconstitute a public nuisance,and whenever the Code EnforcementOfficer determines thatany of these conditions exist uponany premises or in any stream,drainage way orwetlands,the officer may require orprovide for the abatement thereof pursuant to this chapter. U.Except for anydesignated public park land,natural area,orenvironmentally sensitive area, orany undeveloped parcels of land notadjacent to developed areas orwhich areused for agricultural purposes,all grasses, weeds, orothervegetation growing orwhich has grown and died,which is determined to be a fire orsafety hazardora nuisance to persons, shallnot exceed twelve inches (12") in height measured above the ground. 1. The above exception may be waived and additional maintenance required by the 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, orvegetation control shallnotinclude plowing,discing,orscraping the soil to eliminate the grasses, weeds, orothervegetationunless a soil stabilization plan, which will minimize blowing dust and maintain soil stability and which shall be approved by the city prior to any plowing,discing, or scraping, is implemented immediately. 4.Hearing.On September 13,2016 the Moses Lake City Council conducted a hearing to considerthe allegations oftheCode Enforcement Officer thatthesubjectproperty contains a public nuisance ordered corrected which remains uncorrected and that the record owner is responsible forthe costs of correcting and abating such violations ifsuch corrections andabatementis accomplished by City forces or forces contracted bythe City for such purpose.All interested personswere permitted to provide written ororal evidence relevant to the issue. RESOLUTION NO.3642 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 Order to Correct or Cease Activity dated August 1,2016 from the Code Enforcement Officer addressed to Jack P. &Anna M.BlackTrs,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 221 Burke, Moses Lake,Washington. EXHIBIT #4:Letter dated August 29,2016 from the Code Enforcement Officerto 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 U exists on the subject property at 221 Burke,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 owners 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.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 Weeds must be cut back 10'from the sidewalk 5. Citystaff shall provide a status report to CityCouncil 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 ofthe costs so incurredfor collection. 6. Acopyofthis resolutionshall be providedto the record contract owner byreturn receipt and regular mail after its approval by the City Council. Adopted by the City Council on September 13,2016. ATTEST: