3645RESOLUTION NO.3645
ARESOLUTIONDETERMININGTHAT COLUMBIA BASIN INVESTMENTGROUP ISTHE OWNER
OF CERTAIN REAL PROPERTY WITHIN THE CITY;THAT A NUISANCE REQUIRING
ABATEMENT BY CITY 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 Propertv Location and Ownership.It isalleged byaCode Enforcement Officer oftheCity,a person
authorized toenforce the ordinances and municipal codeoftheCity,thatthe real property located in Farm
Unit 224,Block 41,less easterly 500'and west 12'and one half ofvacated street in Section 36,Township
19 North,Range 28 East W.M.,Parcel #110077000,Moses Lake,Washington,is the site of public
nuisance'violations of Moses Lake Municipal Code (MLMC)8.14.030 M.5.and U.The records ofGrant
County show the owner of the subject property to be Columbia Basin investment Group,8568 Dune Lake
Road SE,Moses Lake,WA 98837-8228.
2.Notice.On July 25,2016,the Code Enforcement Officer caused to be delivered by regular mail and
certified mail tothe owner of record ofthe subject property a Notice ofViolation andOrder to Correct 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 27,2016,the Code
Enforcement Officer caused tobe delivered to Columbia Basin Investment Group a notice oftheintent
of the City Council to consider adoption of aresolution such as this at its meeting of September 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 orCease Activity that
the following violations exist onthesubject property and have not been corrected:
3.1 A violation of MLMC 8.14.030 M.5.and U8.14.030 -Nuisance Defined.Each ofthe following
conditions,unless otherwise permitted by law,is declared to constitute a public nuisance,and
whenever the Code EnforcementOfficerdetermines thatany of these conditions exist uponany
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 oneor more ofthe
following disorderly,disturbing,unsanitary,fly-producing,rat-harboring,disease-causing
places,conditions or things:
5.Any poison oakor poison ivy,Russian thistle orother noxious weeds,as defined by
Chapter 8.22of the 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.
U.Except for anydesignated public park land,natural area,orenvironmentally sensitive area,
orany undeveloped parcels of land notadjacenttodevelopedareas orwhich areused for
agricultural purposes,all grasses, weeds, orothervegetation growing orwhichhas grown
anddied,whichisdeterminedtobe a fire orsafety hazardora nuisanceto persons,shall not
exceed twelve inches (12")in height measured above the ground.
1. The above exception may be waived and additional maintenance required bythe
Code Enforcement Officer if he determines such action is necessary to protect the
safety of persons or adjoining property.
RESOLUTION NO.3645
Page 2 September 27, 2016
2. All maintenance shall be done ina manner so that soil stability will not be disrupted
or disturbed. Grass,weed,or vegetation controlshall not include plowing,discing,
orscraping the soilto eliminate the grasses,weeds,orothervegetation unless a soil
stabilization plan, which will minimize blowing dust and maintain soil stabilityand
which 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 CityCouncil conducted a hearing to consider
the allegations of the Code Enforcement Officerthatthe subject propertycontains a publicnuisance
ordered corrected which remains uncorrected and that the record owner is responsible forthe costs
ofcorrecting and abating such violations ifsuch corrections andabatement is accomplished byCity
forces or forces contracted by the City for such purpose.All interested persons were permittedto
provide written or oral evidence relevant to the issue.
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 partof the record of the proceedings:
EXHIBIT #1:Moses Lake Municipal Code Chapter 8.14.030 M. 5.and U.
EXHIBIT#2: Notice ofViolationand Orderto Correct or Cease Activitydated July 12,2016
from the Code Enforcement Officer addressed to Columbia Basin Investment Group, 8568
Dune Lake Road SE,Moses Lake,WA 98837.
EXHIBIT #3:Pictures taken by Code Enforcement Officer of the property located at Farm
Unit 224,Block 41,less easterly 500'and west 12'and one half of vacated street in Section
36,Township 19 North,Range 28 East W.M.,Moses Lake,Washington.
EXHIBIT #4:Letter dated September 15,2016,from the Code Enforcement Officer to
Columbia Basin Investment Group advising the property owner of the hearing regarding
abatement of property,scheduled for Septembe3r 27,2016.
Resolved:
1.A public nuisance inviolationof MLMC8.14.030 M.5. and U.exists on the subject property at Farm
Unit 224,Block 41,less easterly 500'and west 12'and one half of vacated street in Section 36,
Township 19 North,Range 28 East W.M.,Moses Lake,Washington.Columbia Basin Investment
Group, 8568 Dune Lake Road SE,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.Kochia and weeds within 10'of the sidewalk
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 tranquilityof the residents of the City impacting
the qualityof lifeand diminishing property values.
4. Columbia Basin Investment Group,the record contract owner,has fifteen (15)days from the date of
the adoption of this resolutionto cause the nuisance violationslisted herein to be removed to the
satisfaction of the Code Enforcement Officer.Those improvements include the following:
RESOLUTION NO.3645
Page 3 September 27,2016
4.1 Kill the kochia and cut weeds back 10'from the sidewalk
City staff shall provide a status report toCity 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 ofthecosts so incurred for collection.
6. Acopyofthis resolution shallbe provided tothe record contract
mail after its approval by the CityCouncil.
Adopted bythe City Council on September 27,2016.
Todd Voth,Mayor
ATTEST
W.Robert Taylor,Finance Director
byreturn receipt and regular