3677RESOLUTION NO.3677
A RESOLUTION DETERMINING THAT DOROTHY N.HESTER IS THE OWNER OF CERTAIN
REAL PROPERTY 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.RealPropertyLocation and Ownership.Itisallegedbya Code EnforcementOfficer ofthe City,a person
authorized toenforcetheordinancesand municipal codeoftheCity,thatthereal property located at2603
W.TexasStreet,Lot 22,Peninsula Addition #1,Parcel #110840000,Moses Lake,Washington,isthesite
ofpublic nuisance violations of Moses Lake Municipal Code (MLMC)8.14.030 U.The records ofGrant
County show the owner of the subject property to be Dorothy N.Hester,c/o LaQuita Hester,3511 S.
Dawson Street,Seattle,WA 98118.Notices havebeensenttoDorothy Hester,c/oLaQuita Hester,3511
S.Dawson Street,Seattle,WA 98118.
2.Notice.On May 11,2017,the Code Enforcement Officer caused to be delivered by regular mail and
certified mail tothe owner of record ofthesubjectproperty a Notice ofViolation andOrderto 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 hasnot been abated by correction of the condition of the
property and a nuisance continues to exist on the subject property.On June 2,2017,the Code
Enforcement Officer caused to be delivered to Dorothy N.Hestera noticeofthe intent ofthe City Council
to consider adoption ofa resolution such as this at its meeting ofJune 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.Ithas beenestablished by the Notice ofViolation and Order to Correct orCease Activity that
thefollowing violations exist onthe subject property and have not beencorrected:
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 anypremisesor in any
stream,drainage way orwetlands,the officer may require orprovide for the abatement thereof
pursuant to this chapter.
U.Except for any designated public park land,natural area,orenvironmentally sensitive area,
orany undeveloped parcels of land not adjacent to developed areasorwhich are used for
agricultural purposes,all grasses,weeds,orother vegetation growing orwhich has grown
and died,which isdetermined tobea fire orsafety hazard ora nuisance topersons,shall not
exceed twelve inches (12")inheightmeasured above the ground.
1.Theabove exception may bewaived and additional maintenance required by theCode
Enforcement Officer ifhe determines such action is necessary to protect the safety of
persons or adjoining property.
2.All maintenanceshall be done in a manner so that soilstability will notbe 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 maintain soil stability and which
shall be approved by the city prior to any plowing,discing,orscraping,is implemented
immediately.
4.Hearinq.On June 13,2017the Moses Lake City Council conducted a hearing toconsider theallegations
ofthe Code Enforcement Officer thatthe 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.3677
Page 2 June 13,2017
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 May 11,2017,from
the Code Enforcement Officer addressed to Dorothy Hester,c/o LaQuita Hester,3511 S.Dawson
Street,Seattle,WA98118.
EXHIBIT #3:Pictures taken by Code Enforcement Officer of the property located at 2603 W.
Texas,Moses Lake,Washington.
EXHIBIT #4:Letter dated June 2,2017,from the Code Enforcement Officer to Dorothy Hester
advising the property owner of the hearing regarding abatement of property,scheduled for June
13,2017.
Resolved:
1.A public nuisance inviolation of MLMC 8.14.030 exists on the subject property at 2603 W.Texas,Moses
Lake,Washington.Hester N. Dorothy, c/o LaQuita Hester,3511 S.Dawson Street,Seattle,WA 98118
is the record contract owner of the subject property per the records of Grant County.Notices have been
sent to Dorothy Hester,c/o LaQuita Hester,3511 S.Dawson Street,Seattle,WA 98118.
2.The public nuisance located upon the subject property consists of:
2.1.Weeds and grass over 12" high
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. Dorothy N.Hester,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 need to be cut down and/or removed from the area.
5. City staff shall provide a status report to City Council 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 Cityforces 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. A copy of this resolution shall be provided to the record contract ownepby return receipt and regular mail
after its approval by the City Council.
Adopted by the City Council on June 13,2017.
ATTEST:/?"Todd Voth,Mayor
W.Ro