3690RESOLUTION NO. 3690
A RESOLUTION DETERMINING THAT MARK A JANKE 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 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 814 S Fairbanks Dr, Lot 4 Block 8 Lakeview Terrace #1 , Parcel
#100887000, 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 Mark A Janke 2020 Perch Ave, Moses Lake, WA 98837
2. Notice. On May 22nd, 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 131h, 2017, the Code Enforcement Officer caused to be delivered to
Mark A Janke, a notice of the intent of the City Council to consider adoption of a resolution
such as this at its meeting of August 22nd, 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
22nd, 2017 from the Code Enforcement Officer addressed to Mark A Janke 2020 Perch
Ave, Moses Lake, WA 98837
EXHIBIT #3: Pictures taken by Code Enforcement Officer of the property located at
814 S Fairbanks Dr, Moses Lake, Washington.
EXHIBIT #4: Letter dated August 2, 2017, from the Code Enforcement Officer to Mark
A Janke advising the property owner of the hearing regarding abatement of property,
scheduled for August 22, 2017.
1. A public nuisance in violation of MLMC 8.14.030.U exists on the subject property at 814
S Fairbanks Dr, Moses Lake, Washington. Mark A Janke 2020 Perch Ave, Moses Lake,
WA 98837 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. 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. Mark A Janke, 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 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 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.
~ ~ 'iilr~ (/)lu J{ · ~-· ~·~
Karen'ebreci.iPtr-Mayor
ATTEST:
Cindfui&F~