3688RESOLUTION NO. 3688
U A RESOLUTION DETERMINING THAT DIVERSIFIED HOLDINGS, LLC ARE THE
OWNERS 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 Property 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 1111 N. Evelyn Drive (legal description), Parcel #102121000, 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 owners of the subject property to
be Diversified Holdings, LLC 2522 N. Proctor Street #467, Tacoma, Washington 98406.
2. Notice. On June 6, 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 August 8, 2017, the Code Enforcement Officer caused to be delivered to
Diversified Holdings, LLC a notice of the intent of the City Council to consider adoption of a
resolution such as this at its meeting of August 22, 2017. Such notice was in writing, in the
English language and was delivered by return receipt mail and regular mail to the record U owner of the subject property.
u
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: Nuisance Defined. Each of the following conditions,
unless otherwise permitted by law, is declared to constitute a public nuisance, and
wherever the Code Enforcement Officer determines that any of these conditions exist
upon any premises or in 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 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
u
u
u
RESOLUTION NO.
Page 2 August 22, 2017
maintain soil stability and which shall be approved by the city prior to any
plowing, discing, or scraping, is implemented immediately.
4. Hearing. On August 22, 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.
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 June 6,
2017 from the Code Enforcement Officer addressed to Diversified Holdings, LLC 2522
N Proctor Street #467, Tacoma Washington 98406, and governing agent, Aaron
Stewart, 502 N. 1st Street, Tacoma, Washington 98403-2023.
EXHIBIT #3: Pictures taken by Code Enforcement Officer of the property located at
1111 N. Evelyn Drive, Moses Lake, Washington.
EXHIBIT #4: Letter dated August 8, 2017, from the Code Enforcement Officer to
Diversified Holdings, LLC, and governing agent Aaron Stewart advising the property
owner of the hearing regarding abatement of property, scheduled for August 22, 2017.
Resolved:
1. A public nuisance in violation of MLMC 8.14.030.U exists on the subject property at 1111 N.
Evelyn Drive, Moses Lake, Washington. Diversified Holdings, LLC 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. Grasses and 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. Diversified Holdings, LLC, the record contract owners, have 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:
RESOLUTION NO.
Page 3
4.1 Grasses and weeds must be cut down and removed.
August 22, 2017
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 August 22, 2017.
ATTEST: