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3911 Abbey Rd AbatementRESOLUTION NO. 3911 A RESOLUTION DETERMINING THAT Bonnie J. Dial, Supplemental Care Trust for Donald L. Blann 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 1116 W. ABBEY ROAD, LOT 6 BLOCK 2 WOODCREST MAJOR PLAT, Parcel 111728511 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 Bonnie J. Dial, Supplemental Care Trust for Donald L Blann, 1116 W. Abbey Road, Moses Lake, WA 98837. 2. Notice. On May 16, 2022, 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 27, 2022, the Code Enforcement Officer caused to be delivered to Bonnie J. Dial, Supplemental Care Trust for Donald L. Blann, a notice of the intent of the City Council to consider adoption of a resolution such as this at its meeting of August 23, 2022. Such notice was in writing, in the English language and was delivered by certified mail and regular mail to the record owners 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 for the abatement thereof pursuant to this chapter. 3.2 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. a. 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 Document Ref: 3OXGW-JAM3Y-E9KWT-XPE7H Page 1 of 3 safety of persons or adjoining property. b. 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. 3.3 Compliance shall be required as follows: a. Property with no sidewalk/activity trail or residential dwelling on the property shall be exempt. b. Property with sidewalk/activity trail but no residential dwelling on the property shall be required to control the vegetation ten feet (10’) from the back of the sidewalk/activity trail. c. Property with sidewalk/activity trail and a residential dwelling shall be required to control vegetation on the entire piece of property. 4. Hearing. On August 23, 2022, 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: Pictures taken by Code Enforcement Officer of the property located at 1116 W. Abbey Road, Moses Lake, WA. EXHIBIT: Notice to Correct dated May 3, 2022, from the Code Enforcement Officer addressed to Bonnie J. Dial, Supplemental Care Trust for Donald L. Blann 1116 W. Abbey Road, Moses Lake, WA. EXHIBIT: Notice of Violation and Order to Cease Activity dated May 16, 2022, from the Code Enforcement Officer addressed to Bonnie J. Dial, Supplemental Care Trust for Donald L. Blann. EXHIBIT: Letter dated August 8, 2022, from the Code Enforcement Officer to Bonnie J. Dial, Supplemental Care Trust for Donald L. Blann advising the property owner of Document Ref: 3OXGW-JAM3Y-E9KWT-XPE7H Page 2 of 3 Page 3 the hearing regarding abatement of property, scheduled for August 23, 2022. 6. Resolved: 6.1 A public nuisance in violation of MLMC 8.14.030.U exists on the subject property at 1116 W. Abbey Road, Moses Lake, Washington. Bonnie J. Dial, Supplemental Care Trust for Donald L. Blann, are the record contract owners of the subject property per the records of Grant County. 6.2 The public nuisance located upon the subject property consists of: 6.2.1. Grasses and weeds in excess of 12” inches in height. 6.3 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. 6.4 Bonnie J. Dial, Supplemental Care Trust for Donald L. Blann, 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: 6.4.1 Grasses and weeds must be cut down and removed. 6.5 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. 6.6 A copy of this resolution shall be provided to the record contract owner by certified and regular mail after its approval by the City Council. Adopted by the City Council of Moses Lake, WA on August 23, 2022. ___________________________________ Dean Hankins, Mayor ATTEST: ___________________________________ Debbie Burke, City Clerk Document Ref: 3OXGW-JAM3Y-E9KWT-XPE7H Page 3 of 3 Signature Certificate Reference number: 3OXGW-JAM3Y-E9KWT-XPE7H Document completed by all parties on: 26 Aug 2022 21:03:42 UTC Page 1 of 1 Signer Timestamp Signature Debbie Burke Email: dburke@cityofml.com Recipient Verification: Sent:24 Aug 2022 17:58:21 UTC Viewed:24 Aug 2022 20:49:57 UTC Signed:26 Aug 2022 16:15:04 UTC ✔Email verified 24 Aug 2022 20:49:57 UTC IP address: 63.135.54.162 Location: Moses Lake, United States Mayor Dean Hankins Email: dhankins@cityofml.com Shared via link Sent:24 Aug 2022 17:58:21 UTC Viewed:26 Aug 2022 21:02:53 UTC Signed:26 Aug 2022 21:03:42 UTC IP address: 136.143.151.109 Location: Moses Lake, United States Signed with PandaDoc PandaDoc is a document workflow and certified eSignature solution trusted by 30,000+ companies worldwide.