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3646RESOLUTION NO.3646 A RESOLUTION DETERMINING THAT HEIDI CHEN AND ANTHONY HSU ARETHE OWNERSOF CERTAIN REAL PROPERTY WITHIN THE CITY;THAT A NUISANCE REQUIRING ABATEMENT BYCITY FORCES OR FORCES CONTRACTED BYTHE CITY EXISTS ON SUCH PROPERTY; AND DIRECTING THEUSE OF SUCH FORCESTO ABATETHE NUISANCE FOUND Recitals: 1.Real Property Location and Ownership.It isalleged bya Code Enforcement Officer oftheCity,a person authorized toenforce the ordinances and municipal code ofthe City,that the real property located at2003 S Beaumont,Lot 73,Montlake Add.#1,Parcel #101624000,Moses Lake,Washington,is the site ofpublicnuisanceviolationsofMosesLakeMunicipalCode(MLMC)8.14.030 M.5and U.The records of Grant County show the owner of the subject property to be Heidi Chen and Anthony Hsu,P.O.Box 50028,Bellevue,WA 98015. 2.Notice.On July 7,2016,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 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 thepropertyandanuisancecontinuestoexistonthesubjectproperty.On September 15,2016,the Code Enforcement Officer caused tobe delivered to Heidi Chen and Anthony Hsu a notice oftheintent ofthe 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 or Cease Activity that the following violations exist onthe subject property and have not been corrected: 3.1.A violation of MLMC 8.14.030.M.5 and U:Nuisance Defined.Each ofthe following conditions, unless otherwise permitted by law,is declared toconstitute a public nuisance,and whenever the CodeEnforcement Officer determines that anyofthese conditions exist upon any premises orin any stream,drainage way orwetlands,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 or other 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 oak or poison ivy,Russian thistle orother noxious weeds, as defined by Chapter 8.22 of the Moses Lake Municipal Code entitled "Noxious Weed Control" whethergrowing orotherwise;but nothing herein shall prevent the temporary retention of such weeds in approved covered receptacles. U.Exceptfor anydesignated public park land,natural area,orenvironmentally sensitivearea,orany undeveloped parcels of land notadjacent to developed areasorwhich areused for agricultural purposes,all grasses,weeds,orothervegetation growing orwhichhas grown and died,whichis 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 soilto eliminatethe grasses,weeds,orothervegetation unless a soilstabilization plan, whichwill minimize blowing dust and maintain soilstability and which shallbe approved by the city prior to any plowing,discing,or scraping,is implemented immediately. RESOLUTION NO.3646 PAGE 2 September 27,2016 4. Hearing. On September 27, 2016 the Moses Lake City Council conducted a hearing to consider the allegations ofthe Code Enforcement Officerthat the subject propertycontains a publicnuisance ordered correctedwhichremains uncorrected and that the recordownerisresponsible forthe costs ofcorrecting and abating such violations ifsuch corrections and abatement is accomplished byCityforces or forces contracted bythe Cityfor such purpose.All interested persons were permitted to provide writtenor 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 part of the record of the proceedings: EXHIBIT#1:Moses Lake Municipal Code Chapter 8.14.030 M. 5 and U. EXHIBIT #2:Notice of Violation and Orderto Corrector Cease Activity dated July7, 2016 from the Code Enforcement Officer addressed to Heidi Chen and Anthony Hsu, P.O.Box 50028, Bellevue.WA 98015 EXHIBIT #3: Pictures taken by Code Enforcement Officer of the property located at 2003 S. Beaumont Drive,Moses Lake,WA 98837. EXHIBIT#4:Letterdated September15,2016,from theCode Enforcement Officerto Heidi Chen and Anthony Hsu advising the property owners of the hearing regarding abatement of property, scheduled for September 27,2016. Resolved: 1. A public nuisance in violation of MLMC 8.13.030 M. 5.and U exists on the subject property at 2003 S. Beaumont Drive,Moses Lake,Washington.Heidi Chen and Anthony Hsu, P.O.Box 50028,Bellevue, WA 98015 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: 2.1.Kochia,a noxious weed 2.2 Weeds in sidewalk and on property 3.The maintenance of these public nuisance violations on the subject property bythe record owner is detrimental to the health,safety,welfare,peace and tranquilityof the residents of the Cityimpacting the qualityof lifeand diminishing property values. 4. HeidiChen and AnthonyHsu, the record contract owners, have fifteen (15)days from the date ofthe 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 Kochia must be sprayed and then removed from the property 4.2 The weeds must be removed from the sidewalk and cut back 10'from the sidewalk on the property itself 5.City staffshall provide a status reportto City Council on the progress ofthe recordcontract owners and occupant to make the clean up requiredon the subject property.Ifthe improvements, as listed above, are notto the satisfaction ofthe 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 Cityexpense shall be recovered by the City Manager by all reasonable means including immediate assignment of the costs so incurred for collection. RESOLUTION NO.3646 PAGE 3 September 27,2016 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 bythe City Councilon September 27,2016. ''odd Voth,Ivlayor ATTEST: