3675RESOLUTION NO.3675
A RESOLUTION DETERMININGTHAT HOUSING&URBAN DEVELOPMENT IS'THEOWNER OF
CERTAIN REAL PROPERTYWITHIN 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.RealProperty Location andOwnership.It is alleged byaCode EnforcementOfficer ofthe City,a person
authorized toenforcethe ordinances andmunicipal codeoftheCity,thatthe real property located at 1208
S.Alderwood Drive (Lot 17,less S 15'&W 10",Block 5,Columbia Homes Addition #2),Parcel
#091171000,Moses Lake,Washington,isthesite ofpublic nuisance violations ofMoses Lake Municipal
Code (MLMC)8.14.030 U.The records ofGrant County show the owner ofthe subject property to be
Housing &Urban Development,c/o Information Systems &Networks,2401 NW 23rd Street,Suite D,
Oklahoma City, OK 73107.
2.Notice.On May 12,2017 the Code Enforcement Officer caused to be delivered by regular mail and
certified mail tothe ownerof record ofthe subject property a Notice ofViolation and Order to Correct or
Cease Activity.No appeal was filed to challenge that order.The time tocomply under that order has
passed.The nuisance described in that order has not been abated by correction ofthe condition ofthe
property and a nuisance continues to exist on the subject property.On June 1,2017 the Code
Enforcement Officer causedtobe delivered to Housing &Urban Development a notice oftheintent ofthe
City Council to consider adoption of aresolution such as this at its meeting of June 13,2017.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 U-Nuisance Defined.Each ofthe following conditions,unless
otherwise permitted by law,is declared to constitute a public nuisance,and whenever the Code
Enforcement Officer determines thatanyofthese conditions exist upon 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,or environmentally 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 has grown
and died,which isdetermined tobea fire orsafety hazard oranuisance to persons,shall not
exceed twelveinches (12")in heightmeasured above the ground.
1.Theabove exception may be waived and additional maintenance required bytheCode
EnforcementOfficerifhe determines such action is necessary to protectthe safety of
persons or adjoining property.
2.All maintenance shallbe done ina manner so that soil stability will not be disruptedor
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 dustand maintain soil stability and which
shall beapproved by the city prior toany plowing,discing,or scraping,is implemented
immediately.
4.Hearing.On June 13,2017 the Moses Lake City Council conducted a hearing toconsider theallegations
oftheCode Enforcement Officer that the subject property contains a public nuisance ordered corrected
which remains uncorrected and that the record owner is responsible for the costs of correcting and
abating such violations if such corrections and abatement is accomplished by City forces or forces
contracted by the City for such purpose.All interested persons were permitted to provide written or oral
evidence relevant to the issue.
RESOLUTION NO.3675
Page 2 June 13,2017
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 U
EXHIBIT #2:Notice of Violation and Order to Correct or Cease Activity dated May 12,2017 from
the Code Enforcement Officer addressed to Housing &Urban Development,c/o Information
Systems &Networks,2401 NW 23rd Street, Suite 1D,OklahomaCity,OK 73107.
EXHIBIT #3:Pictures taken by Code Enforcement Officer of the property located at 1208 S.
Alderwood Drive,Moses Lake,Washington.
EXHIBIT #4:Letter dated June 1,2017 from the Code Enforcement Officer to Housing &Urban
Development advising the property owner of the hearing regarding abatement of property,
scheduled for June 13,2017.
Resolved:
1. A public nuisance in violation of MLMC 8.14.030 U exists on the subject property at 1208 S. Alderwood
Drive,Moses Lake,Washington.Housing &Urban Development,c/o Information Systems &Networks,
2401 NW 23rd Street,Suite 1D,Oklahoma City, OK 73107,is 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 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. Housing &Urban Development, the record contract owner, has fifteen (15)days fromthe 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 removal of weeds
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. 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 City expense shall be recovered by the City Manager by all reasonable means
including immediate assignment of the costs so incurred for collection.
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 by the City Council on June 13,2017.
ATTEST:/7 Todd Voth, Mayor