3644RESOLUTION NO.3644
A RESOLUTION DETERMINING THAT VONA M.GIBSON EST ISTHEOWNER OF CERTAIN
REALPROPERTY WITHIN 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 ABATE THE NUISANCE FOUND
Recitals:
1.Real Property Location and Ownership.It isalleged byaCode Enforcement Officer oftheCity,a person
authorized toenforce theordinances and municipal code oftheCity,that thereal property located at Lot
2,less street and NEly 10'ofLot 3,Block 3,Pleasant View Deferral,Parcel #110890000,Moses Lake,
Washington,is the site of public nuisance violations of Moses Lake Municipal Code (MLMC)8.14.030 U.
The records ofGrant County show the owners ofthe subject property to beVona M.Gibson Est,2404
W.Lakeside,Moses Lake,WA 98837.
2.Notice.On May 23,2016,the Code Enforcement Officer caused to be delivered by regular mail and
certified mail totheowner ofrecord ofthesubject 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 haspassed.The nuisance described in that order has not been abated by correction of the condition of the
property and anuisance continues to exist on the subject property.On September 13,2016,the Code
Enforcement Officer caused to be delivered to Vona M.Gibson Est a notice ofthe intent ofthe City
Council to consider adoption ofa resolution such as this at its meeting ofSeptember 27,2016.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 toCorrect or Cease Activity that
the following violations exist on thesubject property and have not been corrected:
3.1.A violation of 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
Enforcement Officer determines that anyofthese conditions existupon any premises orin 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,orenvironmentally sensitive area,
or any undeveloped parcels ofland not adjacent to developed areas or which are used for
agricultural purposes,all grasses,weeds,or other vegetation growing or which hasgrown
anddied,which isdetermined tobea fire orsafetyhazard ora nuisance to persons,shall not
exceed twelve inches (12")inheight measured above the ground.
1.The aboveexceptionmaybewaivedand additional maintenance required bytheCode
Enforcement Officer ifhe determines such action is 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 soil stability andwhich
shall be approved by the city prior to any plowing,discing, or scraping, is implemented
immediately.
4.Hearing.On September 27, 2016 the Moses Lake City Council conducted a hearing to considerthe
allegations oftheCode Enforcement Officer thatthesubject property contains a public nuisanceordered
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 bythe Cityforsuch purpose.All interested persons were permittedto provide written ororal
evidence relevant to the issue.
RESOLUTION NO.3644
Page 2 September 27,2016
5.Evidence:
5.1.The following persons testified under oath:
Tina Jewell,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: Notice of Violation and Order to Correct or Cease Activity dated May23,2016 from
the Code Enforcement Officer addressed to Vona M.Gibson Est,2404 W.Lakeside Drive,Moses
Lake,WA 98837
EXHIBIT #3:Pictures taken by Code Enforcement Officer of the property located at 2404 W.
Lakeside,Moses Lake,Washington.
EXHIBIT #4:Letter dated September 13,2016,from the Code Enforcement Officer to Vona M.
Gibson Est advising the property owner of the hearing regarding abatement of property,scheduled
for September 27,2016.
Resolved:
1.A public nuisance in violation of MLMC 8.13.030 U exists on the subject property at 2404 W.Lakeside,
Moses Lake,Washington.Vona M.Gibson Est,2404 W.Lakeside,Moses Lake,WA 98837 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.Grasses and weeds in excess of 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.Vona M.Gibson Est,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 Grasses and weeds must be cut down and removed
5.City staffshall provide a status reportto City Council on the progress ofthe recordcontract 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 bythe City Manager by all reasonable means
including immediateassignment ofthe costs so incurred for collection.
6. Acopy ofthisresolution shallbe provided tothe record contractowner by return receipt and regular
mail after its approval by the City Council.
Adopted bythe City Councilon September 27, 2016.
Todd Voth,Mayor
W.Robert Taylor,Finance Director