3647RESOLUTION NO.3647
A RESOLUTION DETERMINING THAT BONITA THERESA EVENS ESTATE IS THE OWNER OF
CERTAINREALPROPERTY WITHIN THE CITY;THATA 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 andOwnership.It isallegedbya Code EnforcementOfficerofthe City,a person
authorized toenforcethe ordinances andmunicipal codeofthe City,thatthe real property located at 1061
S.Division (Lot 1,Maver Addition)Parcel #101520000,Moses Lake,Washington,isthe site of public
nuisanceviolations ofMoses LakeMunicipal Code (MLMC)8.14.030.The records of Grant County show
the owner ofthe subject property to be Bonita Theresa Evens Estate,c/o Rube Evens,P.O.Box 56,
Yakutat,AK 99689-0056.
2.Notice.On August 10,2016,the Code Enforcement Officer caused tobedelivered by regular mail and
certified mail tothe ownerof record ofthe subject property a Notice of Violation and Order to Correct or
CeaseActivity.No appeal was filed to challenge that order.The time to comply under that order has
passed.Thenuisance described in that order hasnot been abated by correction ofthe condition ofthe
property and a nuisance continues to exist on the subject property.On September 16,2016,the Code
Enforcement Officercaused to be deliveredto Bonita Thereas Evens Estate a noticeofthe intentofthe
City Council toconsider adoption ofa resolution such asthis atits meeting ofSeptember 27,2016.Such
notice was in writing,in the English language and wasdelivered 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 exist on the subject property and have not been corrected:
3.1 A violation of MLMC 8.14.030 M. 5 & U.:Nuisance Defined.Each of the following conditions,
unless otherwise permitted bylaw,is declared to constitute a public nuisance,andwheneverthe
Code EnforcementOfficerdetermines thatanyof these conditionsexist uponany premises orin
anystream,drainage wayorwetlands,theofficer mayrequire orprovide for theabatementthereof
pursuant to this chapter.
U.Except for any designated public parkland,natural area, or environmentally sensitive area,
orany undeveloped parcels of land notadjacentto developed areas orwhich are used for
agricultural purposes,allgrasses,weeds,or other vegetation growingorwhich has grown
and died, which is determined to be a fire or safety hazard ora nuisance to persons,shall not
exceed twelve inches (12") in height measured above the ground.
1.The above exception may be waivedand additional maintenance required bythe 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 stabilitywillnot 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 maintainsoilstability and which
shallbe approved bythe city prior to any plowing,discing,orscraping,is implemented
immediately.
4.Hearing.On September 27, 2016 the Moses Lake City Council conducted a hearing to consider the
allegations oftheCode EnforcementOfficer thatthesubject property containsa 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 isaccomplished by City forcesor forces
contracted bythe City for such purpose.All interested personswere permitted to provide written ororal
evidence relevant to the issue.
RESOLUTION NO.2647
Page 2 September 27, 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 Section 8.14.030 U.
EXHIBIT #2: Notice of Violation and Order to Correct or Cease Activity dated August 10, 2016
from the Code Enforcement Officer addressed to Bonita Theresa Evens Estate,c/o Rube Evens,
P.O.Box 56,Yakutat,AK 99689-0056.
EXHIBIT#3:Pictures taken by Code Enforcement Officer of the property located at 1061 S.
Division Street,Moses Lake,Washington.
EXHIBIT #4:Letter dated September 16,2016 from the Code Enforcement Officer to Bonita
Theresa Evens Estate advising the property owner ofthe hearing regarding abatementof property,
scheduled for September 27,2016.
Resolved:
1. A public nuisance in violation of MLMC 8.14.030 U exists on the subject property at 1061 S. Division,
Moses Lake,Washington.Bonita Theresa Evens Estate,c/o Rube Evens,P.O.Box 56,Yakutat,AK
99689-0056 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 in excess of 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.Bonita Thereas Evens Estate,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 Weeds must be cut down or removed
5. Citystaffshall providea status report to CityCouncilon the progress ofthe record contract owner and
occupantto 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 bythe CityManager byall reasonable means including immediate
assignment of the costs so incurred for collection.
6. Acopyofthis resolution shall be provided tothe record contract ownerbyjeturn receiptand regular
mail after its approval by the City Council.
Adopted by the City Council on September 27,2016.
r\
ATTEST:
Todd Voth,Mayor
W.Robert Taylor,Finance Director