3699RESOLUTION NO. 3699
A RESOLUTION DETERMINING THAT SERGE PASHKOVSKY 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 230 w Linden Ave, Lot 9 Montlake Add #1, Parcel # 101560000,
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 Serge Pashkovsky, 12596 Road C.3 NW, Ephrata WA. 98823.
2. Notice. On June 30, 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 September 7, 2017, the Code Enforcement Officer caused to be
delivered to Serge Pashkovsky a notice of the intent of the City Council to consider adoption
of a resolution such as this at its meeting of September 26, 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 any premises or in any stream, drainage way or wetlands, the officer may
require or provide 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 September 26, 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 8.14.030.U
EXHIBIT #2: Notice of Violation and Order to Correct or Cease Activity dated June
30, 2017 from the Code Enforcement Officer addressed to Serge Pashkovsky 12596
Road C.3 NW, Ephrata, WA. 98823.
EXHIBIT #3: Pictures taken by Code Enforcement Officer of the property located at
230 W Linden Ave, Moses Lake, Washington.
EXHIBIT #4: Letter dated September 7, 2017, from the Code Enforcement Officer to
Serge Pashkovsky advising the property owner of the hearing regarding abatement of
property, scheduled for September 26, 2017.
1. A public nuisance in violation of MLMC 8.14.030.U exists on the subject property at 230 w
Linden Ave, Moses Lake, Washington. Serge Pashkovsky 12596 Road C.3 NW, Ephrata,
WA. 98823 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. Weeds in excess of twelve (12) inches.
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. Serge Pashkovsky, 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 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 September 26, 2017.
ATTEST:
Cindy Jensen, Finance Director