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3689RESOLUTION NO. 3689 A RESOLUTION DETERMINING THAT KENDRA LUTHER & LINDA LUCAS 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 codes of the City, that the real property located at 1244 S Division St (legal description), Parcel #090640000, 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 Kendra Luther & Linda Lucas, 21444 3Qth Ave S, SeaTac, WA. 98198-6030. 2. Notice. On May 11th, 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 July 3rd, 2017, the Code Enforcement Officer caused to be delivered to Kendra Luther & Linda Lucas (name) 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 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 -Nuisance Defined. Each of the following conditions, unless otherwise permitted by law, is declared to constitute a public nuisance, and whenever the Code Enforcement Officer determines that any of these conditions exist upon ant 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 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: Rick Rodriguez, Moses Lake Code Enforcement Officer 5.2. The following exhibits were made a part of the record of the proceedings: Resolved: EXHIBIT #1 : Moses Lake Municipal Code Chapter 8.14 Nuisances. EXHIBIT #2: Notice of Violation and Order to Correct or Cease Activity dated May 11th, 2017 from the Code Enforcement Officer addressed to Kendra Luther & Linda Lucas, 21444 30th Ave S, SeaTac, WA 98198-6030. EXHIBIT #3: Pictures taken by Code Enforcement Officer of the property located at 1244 S Division St, Moses Lake, Washington. EXHIBIT #4: Letter dated August 2nd, 2017, from the Code Enforcement Officer to Kendra Luther & Linda Lucas advising the property owner of the hearing regarding abatement of property, scheduled for August 22nd, 2017. 1. A public nuisance in violation of MLMC 8.14.030. U exists on the subject property at 1244 S Division St, Moses Lake, Washington. Kendra Luther & Linda Lucas 21444 301h Ave S, SeaTac, WA 98198-6030 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. Kendra Luther & Linda Lucas, 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: 4.1 Grasses and weeds must be cut down and removed. RESOLUTION NO. Page 3 4. Kendra Luther & Linda Lucas, 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 : 4.1 Grasses and weeds must be cut down and removed . 5. City staff shall provide a status report to City Council on the progress of the record contract owners and occupant to make the cleanup 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 nu isances 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: