3678RESOLUTION NO. 3678
A RESOLUTION DETERMINING THAT GORDON BEEMAN IS THE OWNER OF CERTAIN REAL
PROPERTY WITHIN 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. Real Prooertv Location and Ownership. It is alleged by a Code Enforcement Officer of the City, a person
authorized to enforce the ordinances and municipal code of the City, that the real property located at 1105 E.
Hill Avenue (Lot 12, Blk 1, South Terrace Addition), Parcel #111026000, Moses Lake, Washington, is the site
of public nuisance violations of Moses Lake Municipal Code (MLMC) 8.14.030. U. The records of Grant County
show the owner of the subject property to be Gordon Beeman, 1105 E. Hill Avenue, Moses Lake, WA 98837.
2. Notice. On May 22, 2017, the Code Enforcement Officer caused to be delivered by regular mail and certified
mail to the owner of record of the subject property a Notice of Violation and Order to Correct 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 the property and a nuisance
continues to exist on the subject property. On June 14, 2017, the Code Enforcement Officer caused to be
delivered to Gordon Beeman a notice of the intent of the City Council to consider adoption of a resolution such
as this at its meeting of June 27, 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 of Violation and Order to Correct or Cease Activity that the
following violations exist on the subject property and have not been corrected:
3.1 A violation of MLMC 8.14.030 U -Except for any designated public park land, natural area, or
environmentally sensitive area, or any undeveloped parcels of land 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 is determined to be a fire or safety hazard or a nuisance to persons, shall
not 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, 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, or scraping, is implemented immediately.
Compliance shall be required as follows:
1. Property with no sidewalks/activity trail or residential dwelling on the property shall be exempt.
2. Property with sidewalks/activity trail but no residential dwelling shall be required to control
vegetation ten feet (1 O') from the back of the sidewalks/activity trail.
3. Property with sidewalks/activity trail and a residential dwelling shall be required to control
vegetation on the entire piece of property.
4. Hearing. On June 27, 2017 the Moses Lake City Council conducted a hearing to consider the allegations of
the Code 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. 3678
Page2
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
June 27, 2017
EXHIBIT #2: Notice of Violation and Order to Correct or Cease Activity dated May 22, 2017 from the
Code Enforcement Officer addressed to Gordon Beeman, 1105 E. Hill Avenue, Moses Lake, WA 98837
Resolved:
EXHIBIT #3: Pictures taken by Code Enforcement Officer of the property located at 1105 E. Hill
Avenue, Moses Lake, Washington.
EXHIBIT #4: Letter dated May 22, 2017 from the Code Enforcement Officer to Gordon Beeman
advising the property owner of the hearing regarding abatement of property, scheduled for June 27,
2017.
1. A public nuisance in violation of MLMC 8.1 4.030 U exists on the subject property at 1105 E. Hill Avenue,
Moses Lake, Washington. Gordon Beeman, 1105 E. Hill Avenue, Moses Lake, WA 9837 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. grass and weeds 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. Gordon Beeman, 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 grass and weeds must be cut to lower than 12" in height
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. 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 of the costs
so incurred for collection.
6. A copy 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 27, 2017. \""~~~~""-",,..._-"""""'d----------
Todd Voth, Mayo