07122016 Part 3To:
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Date:
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Staff Report Summary
CITY OF
MOSES
LAKE
CITY OF MOSES LAKE
STAFF REPORT
John Williams, City Manager
Gilbert Alvarado, Community Dev Dir I Deputy City Manager
July 12, 2016
Motion
Resolution -Gerber Request to Build On Unplatted Property
Legislative History:
July 12, 2016
Resolution
Community Development has received a building permit application from Mr. Lee Gerber for a
new commercial building at 6171 S. Frontage Rd. The subject site does not currently meet our
development standards and is unplatted. Mr. Gerber has requested a building permit be
authorized in accordance with MLMC 16.020.040, Unplatted Areas
Background
A building permit cannot be issued on unplatted property in accordance to MLMC 16.02.040
unless the City Council finds that the public interest will not be adversely affected by the issuance
of such a permit. See attached.
Fiscal and Policy Implications
N/A
Page 1 of2
Options
Option ~~~~~~~~
• Consider the building
application request
• Take no action
Staff Recommendation
Results
·~~~-~~~--~~~~~~~-
permit Find that the request meets the provisions of
MLMC 16.02.040 and grant the building
permit
No building permit is granted
Staff recommends that City Council approve the request for a building permit and require a
Covenant insuring future installation of deficient infrastructure in accordance with our
development standards current at the time of installation.
Attachments
A Building Permit Application
Legal Review
The following documents are attached and subject to legal review:
Type of Document Title of Document Date Reviewed by Legal Counsel
Page 2 of 2
RESOLUTION NO. 3>{Q 2 ~
A RESOLUTION ALLOWING SAGEBRUSH HOLDING, LLC
RECITALS:
1. Moses Lake Municipal Code 16.12.030 allows for the issuance of a building permit to a proponent
who wishes to build on unplatted property after a resolution from the City Council.
3. Sagebrush Holding, LLC has requested the City Council to allow building on unplatted property
described as follows:
That portion of the south half of the Southwest Quarter of Section 30, Township 19 North, Range 28
East, W.M., County of Grant, State of Washington, as delineated and described on the Record of
Survey Drawing prepared by Western Pacific Engineering and Survey, Inc., dated April, 2014, lying
southerly of the parcel described in the Warranty Deed Filed under Grant County Auditor File Number
572365, and lying west of the following described line: Commencing at a 2" aluminum cap marking
the southeast corner of the Southwest Quarter of said Section 30; Thence North 88°57'1 O" West,
coincident with the south line of the said Southwest Quarter, a distance of 1533.15 Feet to the
beginning of the line; Thence North 00°30'20" East a distance of 439.47 Feet, more or less to the said
southerly right of way boundary for said State Route 90 and the terminus of said line.
RESOLVED:
1. That Sagebrush Holding, LLC be allowed to construct a 3,000 square foot building on unplatted
property located adjacent to South Frontage Road East.
Adopted by the City Council on July 12, 2016.
ATTEST: Todd Voth, Mayor
W. Robert Taylor, Finance Director
CITY OF MOSES LAKE MUNICIPAL CODE
CHAPTER 16.02 -BUILDING PERMITS
2. The Uniform Housing Code published by the International Conference of Building Officials,
most current edition. (Ord. 2531 , 10/13/09; Ord. 2475, 6/23/09; Ord. 2172, 7127104; Ord.
2073, 7/23/02)
16.02.030 Filing of Copies of Codes: The city shall maintain on file not less than one (1) copy of the codes
adopted in this chapter and the codes shall be open to public inspection. (Ord. 2172, 7127104; Ord.
2073, 7/23/02)
16.02.040 Un platted Areas: No building permit or other development permit shall be issued for any lot, tract
or parcel of land divided in violation of Chapter 58.17 RCW or the platting ordinances and
regulations of the city. No building permit or other development permit shall be issued for any
unplatted property not otherwise permitted to be issued a building permit unless the City Council
finds that the public interest will not be adversely affected by the issuance of such a permit. The
standards to determine if the public interest will be adversely affected includes but is not limited
to consideration of the installation or existence of adequate sewer and water, conformance to lot
size requirements, existence of street, sidewalk and curb improvements, access to the site, all as
respects the proposed building site and the surrounding area. The City Council may condition the
issuance of a building permit on unplatted land on the installation or completion of such utility,
street and sidewalk improvements or other conditions as the City Council upon recommendation
of staff shall deem appropriate. The City Council shall make the grant of the privilege to build on
unplatted land specific as to the proposed building activity and personal to the applicant. The
grant of such privilege shall expire if a building permit is not obtained within six (6) months of the
adoption of the resolution provided for herein unless the applicant requests and obtains an
additional thirty (30) day extension from the Community Development Director. Any request for
the thirty (30) day additional extension must be submitted in writing to the Community
Development Director prior to the expiration of the six (6) month limitation period. The Community
Development Director has the discretion to grant the additional extension only when no significant
development code changes have occurred or will occur during the extension period, there is
demonstrable proof of substantial progress made by the applicant, and the request serves the
public health, safety and welfare. No more than one (1) thirty (30) day additional extension may
be granted to any applicant. The City Council shall only direct the issuance of such a permit by
a resolution of the City Council. The following construction is exempt from City Council resolution:
A. Remodeling of an existing, conforming building.
B. Construction of a temporary structure.
C. Fences
D. Signs (Ord. 2814, 5/24/16; Ord. 2686, 8/13/13; Ord. 2475, 6/23/09; Ord. 2172, 7/27/04; Ord.
2073, 7/23/02)
16.02.045 Building Prior to Filing Final Plat: Building permits are allowed to be issued prior to filing the final
plat after the following conditions are met:
A. The preliminary major plat of the proposed subdivision has been approved by the City Council
or the preliminary short plat of the proposed subdivision has been approved by the Community
Development Director.
B. The construction plans for all improvements have been approved by the City Engineer.
C. A performance bond, or other secured method approved by the City Attorney, has been
approved by the Community Development Director in the amount of one hundred fifty percent
(150%) of the cost of completing all the remaining improvements that are required by the
Moses Lake Municipal Code and the Community Street and Utility Standards, and filing the
final plat. (Ord. 2172, 7127104 ; Ord. 2073, 7/23/02)
3 (5/16)
Dear Hon. Mayor and City Council,
I own roughly 10 acres of unplatted property south of 1-90, west of Moses Lake, across the freeway from
the golf course. It is approximately 1,080 feet long by 460 feet deep. This property is surrounded by
government owned property to the west and south. I see very little chance of any of the surrounding
property ever being developed beyond what it is now. My acreage is zoned light industrial.
I would like to be allowed to build on the most westerly one half of this property. The building would
consist of a 3000 square foot all metal building. The office is existing, has its own well and sewer system,
and is more than ample for the number of employees ever expected to work there. City water and
sewer would cost hundreds of thousands of dollars to supply this area and would end up with stagnant
water if it wasn't looped under the freeway.
I have worked out a fire protection plan with the City of Moses Lake Fire Department that would meet
the requirements for theses larger buildings. This consists of a water supply of 240,000 gallons, available
year round. Two hydrants are located approximately 25' east of the 240,000-gallon storage vault. One
north west of the 12,000 square foot building and one east of the 12,000 square foot building.
I am requesting a waiver to chapter 13.07.020 of the City Municipal Code which would require that I
connect to the city water system. I am also asking that I be allowed to build on unplatted property.
I want to thank you for your consideration of these requests and hope that we can build a welcoming
start to the west end of Moses Lake
Sincerely,
~~
lee Gerber T.·....sf-~
Blue Sky Revocable Trust
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REQUEST TO BUILD ON
UNPLATTED PROPERTY
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COMMUNITY DEVELOPMENT
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To:
From:
Date:
Proceeding Type:
Subject:
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Staff Report Summary
CITY OF
HOSES
LAKE
CITY OF MOSES LAKE
STAFF REPORT
John Williams, City Manager
Spencer Grigg, Parks and Recreation Director
July 12, 2016
MOTION
Resolution -Accept cash donation from Rory and Deanna Muller
of BUDU Racing
Legislative History:
July 12, 2016
Motion
Attached for Council approval is a resolution accepting a cash donation from Rory and Deanna
Muller of BUDU Racing in the amount of $800.00. The cash donation is to be used to go towards
recreation programs.
Background
The Parks and Recreation Department partners with BUDU Racing each year to promote various
fun runs and races for the community.
Fiscal and Policy Implications
n/a
Page 1of2
Options
Option
• Motion
• Take no action.
Staff Recommendation
Results
Donation would be accepted and used to
support recreation programs.
Donation would not be accepted and no
additional funds would be available to support
recreation programs.
Staff recommends that the Moses Lake City Council approve the attached resolution and accept
the cash donation of $800.00 from Rory and Deanna Muller of BUDU Racing.
Attachments
I A. I Resolution No. 3 ce 20
Legal Review
The following documents are attached and subject to legal review:
Type of Document Title of Document Date Reviewed by legal Counsel
•
Page 2 of 2
RECITALS:
RESOLUTION NO. 3{p2D
A RESOLUTION ACCEPTING A CASH DONATION OF $800.00
FROM RORY AND DEANNA MULLER
OF BUDU RACING, LLC
1. Rory and Deanna Muller of Budu Racing have donated eight hundred dollars ($800.00)
to the City of Moses Lake to be used by the Parks and Recreation Department for
recreational programs.
RESOLVED:
1. The $800.00 donation is accepted.
2. The City of Moses Lake wishes to express its sincere appreciation to Rory and Deanna
Muller of Budu Racing.
Adopted by the City Council on Jt.t...\y /2...1J.t:>I ~
Todd Voth, Mayor
ATTEST:
W. Robert Taylor, Finance Director
To:
From:
Date:
Proceeding Type:
Subject:
• First Presentation:
• Second presentation:
• Action:
Staff Report Summary
CITY OF
HOSES
LAKE
CITY OF MOSES LAKE
STAFF REPORT
John Williams, City Manager
Gilbert Alvarado, Community Dev. Director/Deputy City Manager
July 12, 2016
MOTION
Resolution -Nuisance Abatement -607 S. Hawthorne
Legislative History:
July 12, 2016
Motion
Attached is a resolution providing for the abatement of a nuisance at 607 S. Hawthorne owned by Jose M. and
Amelia C. Torres. The Council should hold a hearing to consider the allegations of the Code Enforcement
Officer that the property contains a public nuisance which has not been corrected. If the Council concurs that a
public nuisance exists, the resolution should be adopted allowing the City to remove the public nuisance.
Background
The code enforcement matter at 607 S. Hawthorne was found by the Code Enforcement Officer while on
routine patrol of the city. In accordance with MLMC 8.14, Nuisances, the site was inspected and determined to
be a nuisance pursuant to MLMC 8.14. See attached May 9, 2016 Notice of Violation and Order to Correct or
Cease Activity.
Fiscal and Policy Implications
N/A
Options
Page 1of2
_________ _Eptio_n_________ I _ _!!esults ____________ _
Consider the Resolution abating the I Compliance with MLMC 8.14 Nuisances •
existing nuisances at 607 S. Hawthorne I
Consider the Resolution and take no I Non-Compliance with MLMC 8.14, Nuisances •
action.
Staff Recommendation
Staff recommends that City Council consider abating the existing nuisance at 607 S. Hawthorne and pass
the Resolution as presented.
Attachments
I R.,01,uoo No.
Exhibits 1-4
Legal Review
The following documents are attached and subject to legal review:
Type of Document Title of Document Date Reviewed by Legal Counsel
• Resolution Nuisance Abatement City Attorney Katherine Kenison
Page 2 of 2
RESOLUTION NO. 3 [_p 2. l
A RESOLUTION DETERMINING THAT JOSE M. AND AMELIA C. TORRES 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 Officerofthe City,
a person authorized to enforce the ordinances and municipal code of the City, that the real
property located at 607 S. Hawthorne Drive (Lot 26, Block 2, Lakeview Terrace #2), Parcel
#101100000, 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 Jose M. & Amelia C. Torres, 607 S. Hawthorne Drive, Moses Lake, WA
98837.
2. Notice. On May 9, 2016, 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 June 21, 2016, the Code Enforcement Officer caused to be delivered to Jose M.
And Amelia C. Torres a notice of the intent of the City Council to consider adoption of a
resolution such as this at its meeting of July 12, 2016. 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 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
RESOLUTION NO.
Page 2 July 12, 2016
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 July 12, 2016 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 May,
9, 2016 from the Code Enforcement Officer addressed to Jose M. And Amelia C.
Torres, 607 S. Hawthorne, Drive, Moses Lake, WA 98837.
EXHIBIT #3: Pictures taken by Code Enforcement Officer of the property located
at 607 S. Hawthorne Drive, Moses Lake, Washington.
EXHIBIT #4: Letter dated June 12, 2016, from the Code Enforcement Officer to
Jose M. And Amelia C. Torres advising the property owner of the hearing regarding
abatement of property, scheduled for July 12, 2016.
1. A public nu isance in violation of MLMC 8.14. 030 U exists on the subject property at 607
S. Hawthorne Drive, Moses Lake, Washington. Jose M. And Amelia C. Torres, 607 S.
Hawthorne Drive, Moses Lake, WA 98837 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. Weeds and grasses 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. Jose M. And Amelia C. Torres, 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 and grasses must be cut to lower than 12" in height
RESOLUTION NO.
Page 3 July 12, 2016
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 July 12, 2016.
Todd Voth, Mayor
ATTEST:
W. Robert Taylor, Finance Director
8.14.030 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.
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.
Exhibit 1
Page 1 of 1
C 11 Y D f
City of Moses Lake
PO Drawer 1579
Moses Lake, WA 98837
Phone: (509) 764-3750
NOTICE OF VIOLATION AND ORDER TO CORRECT OR CEASE ACTIVITY
DATED: Monday, May 9, 2016
ISSUED TO:
JOSE M & AMELIA C TORRES
607 S HAWTHORNE DR
MOSES LAKE, WA 98837-1840
CASE #: COD2016-0457
YOU ARE HEREBY ORDERED TO CORRECT OR CEASE THE ACIVITY AS FOLLOWS:
Weeds and Grasses in excess of 12" in height are present in the front and back yard areas of this home.
The City is requiring these corrections lis~ed on this Notice and Order be accomplished by Thursday, May 19,
2016.
ACTION NECESSARY TO CORRECT VIOLATION
Weeds and Grasses must be cut to lower than 12" in height.
LOCATION OF UNLAWFUL CONDITION
LOCATION: 607 S HAWTHORNE DR, MOSES LAKE
LEGAL DESC: Lot 26 Block 2 Lakeview Terrace # 2
PARCEL: 101100000
PROVISIONS OF THE CITY OF MOSES LAKE CODE VIOLATED
8. 14. 030. U -Maintenance of grasses, weeds, etc
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 wil/ 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.
YOU ARE FURTHER NOTIFIED THAT THE MOSES LAKE CITY CODE PROVIDES FOR THE FOLLOWING
PENALTIES:
1. Any violation for which a Notice of Violation and Order to Correct or Cease Activity has been issued but which has not
been corrected within the time specified shall incur a civil penalty of two hundred fifty dollars ($250) per day up to a
sum of five thousand dollars ($5000), beginning on the day the correction was to be completed. The cumulative
penalty provided for in this paragraph shall not accrue while an appeal is pending, nor shall the penalty preclude the
initiation of appropriate legal action to correct the violation. [1 .20.050(E)(1 )].
2. If a penalty has been assessed pursuant to 1.20.050(E)(1 ), a Court shall assess that penalty and any additional
penalty the Court considers appropriate plus court costs and attorney's fees.
Exhibit 2
Page 1 of 2
YOU MAY APPEAL THIS NOTICE AND ORDER TO THE HEARING EXAMINER W ITHIN TEN (10) DAYS, PURSUANT
TO SECTION 20.03.050 OF THE MOSES LAKE CITY CODE AND BY PAYMENT OF AN $800 FEE.
YOU ARE FURTHER NOTIFIED THAT IF THE AFORMENTIONED VIOLATION IS NOT CORRECTED AS SPECIFIED
HERIN THIS MATTER WILL BE REFEREEED TO THE CITY ATTORNEY FOR CIVIL ENFORCEMENT BY
INJUNCTION OR OTHER APROPRIATE ACTION.
BRETT HOLLEN
Code Enforcement Officer
Exhibit 2
Page 2 of 2
Exhibit 3
Page 3 of 3
MOSES LAKE
City of Moses Lake
PO Drawer 1579
Moses Lake, WA 98837
Phone: (509) 764-3750
DATED: Tuesday, June 21, 2016
JOSE M & AMELIA C TORRES
607 SHA WTHORNE DR
MOSES LAKE, WA 98837-1840
RE: Hearing to Permit City Abatement of Nuisance for case file#: COD2016-0457
Property Located at: 607 S HAWTHORNE DR, MOSES LAKE on Parcel 101100000
Via Regular Mail and Return Receipt Mail
JOSE M & AMELIA C TORRES
You are identified in the records of the Grant County Assessor as the record owner ofreal property located within the City of Moses
Lake described as: Lot 26 Block 2 Lakeview Terrace # 2
This property is located at: 607 SHA WTHORNE DR, MOSES LAKE on Parcel 101100000
On Monday, May 9, 2016 the City of Moses Lake mailed to you by regular mail and return receipt mail a Notice of Violation and
Order to Correct or Cease Activity within the time allowed by the City Code. The time specified in that Notice of Violation and Order
to Correct or Cease Activity has expired without compliance. As of Monday, June 20, 2016 the nuisance located on the subject
property has not been corrected or removed.
Pursuant to Moses Lake Municipal Code (MLCM) 8.14.070 the City of Moses Lake is giving you notice that it will conduct a hearing
before the Moses Lake City Council at the Council's regular meeting on July 12, 2016 which is more than ten days from the date of
this letter. That meeting will begin at 7:00 p.m. in the Council Chambers in the Moses Lake Civic Center. The purpose of this
hearing is for the City Council to determine if a nuisance exists on your property and if a nuisance is found to exist to direct the
abatement of that nuisance by use of City contracted forces. The cost of that abatement will be assessed against you as the owner of
the subject property. At the hearing all persons interested in the abatement of the nuisance existing on the subject property will have
the opportunity to be heard under oath. At that time, you may present all relevant evidence you wish for the City Council to consider,
whether that be documents, photos, or live testimony from yourself or others. At the conclusion of that hearing, it is expected the City
Council will determine if an abatement of a nuisance located on the subject property should take place and when.
THIS HEARING IS ThlPORTANT. YOUR FAILURE TO PARTICIPATE MAY ThlPACT ThlPORTANT RIGHTS IN
YOUR PROPERTY.
If you have any questions, you may contact the City Manager's Office at the Moses Lake Civic Center, 401 S. Balsam, Moses Lake,
WA, phone (509) 764-3701.
;(!ZGUE:
Code ~1;;~ent Officer
cc: City Manager
City Attorney
Community Development Director
Exhibit 4
Page 1 of 1
To:
From:
Date:
Proceeding Type:
Subject:
• First Presentation:
• Second presentation:
• Action:
Staff Report Summary
CITY OF
MOSES
LAKE
CITY OF MOSES LAKE
STAFF REPORT
John Williams, City Manager
Gilbert Alvarado, Community Dev. Director/Deputy City Manager
July 12, 2016
MOTION
Resolution -Nuisance Abatement-214 E. Seventh
Legislative History:
j July 12, 2016
I I Motion
Attached is a resolution providing for the abatement of a nuisance at 214 E. Seventh Avenue owned by
Matthew and Joan Schauerman. The Council should hold a hearing to consider the allegations of the Code
Enforcement Officer that the property contains a public nuisance which has not been corrected. If the Council
concurs that a public nuisance exists, the resolution should be adopted allowing the City to remove the public
nuisance.
Background
The code enforcement matter at 214 E. Seventh Avenue was found by the Code Enforcement Officer while on
routine patrol of the city. In accordance with MLMC 8.14, Nuisances, the site was inspected and determined to
be a nuisance pursuant to MLMC 8.14. See attached June 7, 2016 Notice of Violation and Order to Correct or
Cease Activity.
Fiscal and Policy Implications
N/A
Page 1of2
Options
Option Results
• Consider the Resolution abating the Compliance with MLMC 8.14 Nuisances
existing nuisances at 214 E. Seventh
Avenue
---·----·-------• Consider the Resolution and take no Non-Compliance with MLMC 8.14, Nuisances
action.
Staff Recommendation
Staff recommends that City Council consider abating the existing nuisance at 214 E. Seventh Avenue and
pass the Resolution as presented.
Attachments
Exhibits 1-4
Legal Review
The following documents are attached and subject to legal review:
Type of Document Title of Document Date Reviewed by Legal Counsel
• Resolution Nuisance Abatement City Attorney Katherine Kenison
Page 2 of 2
RESOLUTION NO. :, {q 2. ~
A RESOLUTION DETERMINING THAT MATTHEW SCHAUERMAN AND JOAN
SCHAUERMAN ARE THE OWNERS OF CERTAIN REAL PROPERTY W ITHIN
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 214 E. Seventh Avenue, Lots 13 & 14, Block 20, Burress Tract,
Parcel #090811000, 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 Matthew Schauerman and Joan Schauerman, 220
N. Mitchell, Liberty Lake, WA 99019.
2. Notice. On June 7, 2016, 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 June 21 , 2016, the Code Enforcement Officer caused to
be delivered to Matthew Schauerman and Joan Schauerman a notice of the intent of the
City Council to consider adoption of a resolution such as this at its meeting of July 12,
2016. 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 -8.14.030 -Nuisance Defined. Each of the
following conditi-ons, 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.
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.
RESOLUTION NO.
Page 2 July 12, 2016
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 July 12, 2016 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 8.1 4.030.U
EXHIBIT #2: Notice of Violation and Order to Correct or Cease Activity dated May
5, 2016 from the Code Enforcement Officer addressed to Matthew Schauerman et
al and Joan Schauerman et al, 220 N. Mitchell Drive, Liberty Lake, WA 99019-9428.
EXHIBIT #3: Pictures taken by Code Enforcement Officer of the property located
at 214 E. Seventh Avenue, Moses Lake, Washington.
EXHIBIT #4: Letters dated June 21 , 2016, from the Code Enforcement Officer to
Matthew Schauerman and Joan Schauerman advising the property owners of the
hearing regarding abatement of property, scheduled for July 12, 2016.
1. A public nuisance in violation of MLMC 8.14.030.U exists on the subject property at 214
E. Seventh Avenue, Moses Lake, Washington. Matthew Schauerman and Joan
Schauerman, 220 N. Mitchell Drive, Liberty Lake, WA 99019 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. Grass 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.
RESOLUTION NO.
Page 3 July 12, 2016
4. Matthew Schauerman and Joan Schauerman, 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 and grasses must be cut to lower than 12" in height in the yard areas and
weeds must be removed from the sidewalk planter strips.
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 July 12, 2016.
Todd Voth, Mayor
ATTEST:
W. Robert Taylor, Finance Director
8.14.030 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 th is 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.
Exhibit 1
Page 1 of
'en'> 'o ) .... ---~ ........
City of Moses Lake
PO Drawer 1579
Moses Lake, WA 98837
Phone: (509) 764-3750
NOTICE OF VIOLATION AND ORDER TO CORRECT OR CEASE ACTIVITY
DATED: Thursday, May 5, 2016
ISSUED TO:
MATTHEW SCHAUERMAN ETAL
220 N MITCHELL DR
LIBERTY LAKE, WA 99019-9428
CASE#: COD2016-0332
YOU ARE HEREBY ORDERED TO CORRECT OR CEASE THE ACIVITY AS FOLLOWS:
Grass and Weeds in excess of 12" in height are present in the front, side, and back areas of this home. Weeds also
present in the sidewalk planter strip.
The City is requiring these corrections listed on this Notice and Order be accomplished by Sunday, May 15, 2016.
ACTION NECESSARY TO CORRECT VIOLATION
Grass and weeds must be cut to lower than 12" in height in the yard areas, and weeds must be removed from the
sidewalk planter strip.
LOCATION OF UNLAWFUL CONDITION
LOCATION: 214 E SEVENTH AVE, MOSES LAKE
LEGAL DESC: Lots 13 & 14 Block 20 Burress Tract
PARCEL: 090811000
PROVISIONS OF THE CITY OF MOSES LAKE CODE VIOLATED
8. 14. 030. U -Maintenance of grasses, weeds, etc
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.
YOU ARE FURTHER NOTIFIED THAT THE MOSES LAKE CITY CODE PROVIDES FOR THE FOLLOWING
PENALTIES:
1. Any violation for which a Notice of Violation and Order to Correct or Cease Activity has been issued but which has not
been corrected within the time specified shall incur a civil penalty of two hundred fifty dollars ($250) per day up to a
sum of five thousand dollars ($5000), beginning on the day the correction was to be completed. The cumulative
penalty provided for in this paragraph shall not accrue while an appeal is pending, nor shall the penalty preclude the
initiation of appropriate legal action to correct the violation. [1.20.050(E)(1 )].
2. If a penalty has been assessed pursuant to 1.20.050(E)(1 ), a Court shall assess that penalty and any add itional
penalty the Court considers appropriate plus court costs and attorney's fees. Exhibit 2
Page 1 of 4
YOU MAY APPEAL THIS NOTICE AND ORDER TO THE HEARING EXAMINER WITHIN TEN (10) DAYS, PURSUANT
TO SECTION 20.03.050 OF THE MOSES LAKE CITY CODE AND BY PAYMENT OF AN $800 FEE.
YOU ARE FURTHER NOTIFIED THAT IF THE AFORMENTIONED VIOLATION IS NOT CORRECTED AS SPECIFIED
HERIN THIS MATTER WILL BE REFEREEED TO THE CITY ATTORNEY FOR CIVIL ENFORCEMENT BY
INJUNCTION OR OTHER APROPRIATE ACTION.
BRETT HOLLEN
Code Enforcement Officer
Exhibit 2
Page 2 of 4
CIT T 0'
City of Moses Lake
PO Drawer 1579
Moses Lake, WA 98837
Phone: (509) 764-3750
NOTICE OF VIOLATION AND ORDER TO CORRECT OR CEASE ACTIVITY
DATED: Tuesday, June 7, 2016
ISSUED TO:
Joan SCHAUERMAN ETAL
220 N MITCHELL DR
LIBERTY LAKE, WA 99019-9428
CASE #: COD2016-0721
YOU ARE HEREBY ORDERED TO CORRECT OR CEASE THE ACIVITY AS FOLLOWS:
Weeds and Grasses in excess of 12" in height are present in the front, sides, and back areas of this home. Weeds also
present in the sidewalk planter strips.
The City is requiring these corrections listed on this Notice and Order be accomplished by Friday, June 17, 2016.
ACTION NECESSARY TO CORRECT VIOLATION
Weeds and Grasses must be cut to lower than 12" in height in the yard areas. Weeds must be removed from the sidewalk
planter strips.
LOCATION OF UNLAWFUL CONDITION
LOCATION: 214 E SEVENTH AVE, MOSES LAKE
LEGAL DESC: Lots 13 & !4 Block 20 Burress tract
PARCEL: 090811000
PROVISIONS OF THE CITY OF MOSES LAKE CODE VIOLATED
8. 14. 030. lf -Maintenance of grasses, weeds, etc
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'J 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 arid which shall be approved by the city prior to any plowing, discing, or scraping, is implemented immediately.
YOU ARE FURTHER NOTIFIED THAT THE MOSES LAKE CITY CODE PROVIDES FOR THE FOLLOWING
PENALTIES:
1. Any violation for which a Notice of Violation and Order to Correct or Cease Activity has been issued but which has not
been corrected within the time specified shall incur a civil penalty of two hundred fifty dollars ($250) per day up to a
sum of five thousand dollars ($5000), beginning on the day the correction was to be completed. The cumulative
penalty provided for in this paragraph shall not accrue while an appeal is pending, nor shall the penalty preclude the
initiation of appropriate legal action to correct the violation. [1.20.050(E)(1)].
2. If a penalty has been assessed pursuant to 1.20.050(E)(1 }, a Court shall assess that penalty and any additional
penalty the Court considers appropriate plus court costs and attorney's fees.
Exhibit 2
Page 3 of 4
YOU MAY APPEAL THIS NOTICE AND ORDER TO THE HEARING EXAMINER WITHIN TEN (10} DAYS, PURSUANT
TO SECTION 20.03.050 OF THE MOSES LAKE CITY CODE AND BY PAYMENT OF AN $800 FEE.
YOU ARE FURTHER NOTIFIED THAT IF THE AFORMENTIONED VIOLATION IS NOT CORRECTED AS SPECIFIED
HERIN THIS MATTER WILL BE REFEREEED TO THE CITY ATTORNEY FOR CIVIL ENFORCEMENT BY
INJUNCTION OR OTHER APROPRIATE ACTION.
:;;~~
BRETT HOLLEN
Code Enforcement Officer
Exhibit 2
Page 4 of 4
Exhibit 3
Page 1of4
•I
Exhibit 3
Page 3 of 4
Exhibit 3
Page 4 of~
\ . , ....
.\ .... .. ;-
.. . -~ ..
• ~ .. w ,..•
.... ...
-~ .... ··· -··
CI f Y • f
MOSES LAl<E
City of Moses Lake
PO Drawer 1579
Moses Lake, WA 98837
Phone: (509) 764-3750
DATED: Tuesday, June 21, 2016
MATTHEW SCHAUERMAN ETAL
220 N MITCHELL DR
LIBERTY LAKE, WA 99019-9428
RE: Hearing to Permit City Abatement of Nuisance for case file#: COD2016-0332
Property Located at: 214 E SEVENTH A VE, MOSES LAKE on Parcel 090811000
Via Regular Mail and Return Receipt Mail
MATTHEW SCHAUERMAN ETAL
You are identified in the records of the Grant County Assessor as the record owner of real property located within the City of Moses
Lake described as: Lots 13 & 14 Block 20 Burress Tract
This property is located at: 214 E SEVENTH A VE, MOSES LAKE on Parcel 090811000
On Thursday, May 5, 2016 the City of Moses Lake mailed to you by regular mail and return receipt mail a Notice of Violation and
Order to Correct or Cease Activity within the time allowed by the City Code. The time specified in that Notice of Violation and Order
to Correct or Cease Activity has expired without compliance. As of Friday, June 17, 2016 the nuisance located on the subject property
has not been corrected or removed.
Pursuant to Moses Lake Municipal Code (MLCM) 8.14.070 the City of Moses Lake is giving you notice that it will conduct a hearing
before the Moses Lake City Council at the Council's regular meeting on July 12, 2016 which is more than ten days from the date of
this letter. That meeting will begin at 7:00 p.m. in the Council Chambers in the Moses Lake Civic Center. The purpose ofthis
hearing is for the City Council to determine if a nuisance exists on your property and if a nuisance is found to exist to direct the
abatement of that nuisance by use of City contracted forces. The cost of that abatement will be assessed against you as the owner of
the subject property. At the hearing all persons interested in the abatement of the nuisance existing on the subject property will have
the opportunity to be heard under oath. At that time, you may present all relevant evidence you wish for the City Council to consider,
whether that be documents, photos, or live testimony from yourself or others. At the conclusion of that hearing, it is expected the City
Council will determine if an abatement of a nuisance located on the subject property should take place and when.
THIS HEARING IS IMPORTANT. YOUR FAILURE TO PARTICIPATE MAY IMPACT IMPORTANT RIGHTS IN
YOUR PROPERTY.
If you have any questions, you may contact the City Manager's Office at the Moses Lake Civic Center, 401 S. Balsam, Moses Lake,
WA, phone (509) 764-3701.
Sincerely,
dl:ZGUE:
Code Enforcement Officer
cc: City Manager
City Attorney
Community Development Director
Exhibit 4
Page 1 of 2
MOSES LAKE
City of Moses Lake
PO Drawer 1579
Moses Lake, WA 98837
Phone: (509) 764-3750
DATED: Tuesday, June 21, 2016
JOANSCHAUERMANETAL
220 N MITCHELL DR
LIBERTY LAKE, WA 99019-9428
RE: Hearing to Permit City Abatement of Nuisance for case file#: COD2016-0332
Property Located at: 214 E SEVENTH A VE, MOSES LAKE on Parcel 090811000
Via Regular Mail and Return Receipt Mail
MATTHEW SCHAUERMAN ET AL
You are identified in the records of the Grant County Assessor as the record owner of real property located within the City of Moses
Lake described as: Lots 13 & 14 Block 20 Burress Tract
This property is located at: 214 E SEVENTH A VE, MOSES LAKE on Parcel 090811000
On Thursday, May 5, 2016 the City of Moses Lake mailed to you by regular mail and return receipt mail a Notice of Violation and
Order to Correct or Cease Activity within the time allowed by the City Code. The time specified in that Notice of Violation and Order
to Correct or Cease Activity has expired without compliance. As of Friday, June 17, 2016 the nuisance located on the subject property
has not been corrected or removed.
Pursuant to Moses Lake Municipal Code (MLCM) 8.14.070 the City of Moses Lake is giving you notice that it will conduct a hearing
before the Moses Lake City Council at the Council's regular meeting on July 12, 2016 which is more than ten days from the date of
this letter. That meeting will begin at 7:00 p.m. in the Council Chambers in the Moses Lake Civic Center. The purpose of this
hearing is for the City Council to determine if a nuisance exists on your property and if a nuisance is found to exist to direct the
abatement of that nuisance by use of City contracted forces. The cost of that abatement will be assessed against you as the owner of
the subject property. At the hearing all persons interested in the abatement of the nuisance existing on the subject property will have
the opportunity to be heard under oath. At that time, you may present all relevant evidence you wish for the City Council to consider,
whether that be documents, photos, or live testimony from yourself or others. At the conclusion of that hearing, it is expected the City
Council will determine if an abatement of a nuisance located on the subject property should take place and when.
THIS HEARING IS IMPORTANT. YOUR FAILURE TO PARTICIPATE MAY IMPACT IMPORTANT RIGHTS IN
YOUR PROPERTY.
If you have any questions, you may contact the City Manager's Office at the Moses Lake Civic Center, 401 S. Balsam, Moses Lake,
WA, phone (509) 764-3701.
Sincerely,
Rl!l.l1:!JUEZ
Code Enforcement Officer
cc: City Manager
City Attorney
Community Development Director
Exhibit 4
Page 2 of 2
To:
From:
Date:
Proceeding Type:
Subject:
• First Presentation:
• Second presentation:
• Action:
Staff Report Summary
CITY OF
MOSES
LAKE
CITY OF MOSES LAKE
STAFF REPORT
John Williams, City Manager
Gilbert Alvarado, Community Dev. Director/Deputy City Manager
July 12, 2016
MOTION
Resolution -Nuisance Abatement-2118 W . Spruce
Legislative History:
I July 12, 2016
I Motion
Attached is a resolution providing for the abatement of a nuisance at 2118 W. Spruce owned by Lorance Pence.
The Council should hold a hearing to consider the allegations of the Code Enforcement Officer that the property
contains a public nuisance which has not been corrected. If the Council concurs that a public nuisance exists,
the resolution should be adopted allowing the City to remove the public nuisance.
Background
The code enforcement matter at 2118 W . Spruce was found by the Code Enforcement Officer while on routine
patrol of the city. In accordance with MLMC 8.14, Nuisances, the site was inspected and determined to be a
nuisance pursuant to MLMC 8.14. See attached May 16, 2016 Notice of Violation and Order to Correct or
Cease Activity.
Fiscal and Policy Implications
N/A
Options
Page 1of2
Option Results
• Consider the Resolution abating the Compliance with MLMC 8.14 Nuisances
existing nuisances at 2118 W. Spruce
• Consider the Resolution and take no Non-Compliance with MLMC 8.14, Nuisances
action.
Staff Recommendation
Staff recommends that City Council consider abating the existing nuisance at 2118 W. Spruce and pass
the Resolution as presented.
Attachments
Exhibits 1-4
Legal Review
The following documents are attached and subject to legal review:
Type of Document Title of Document Date Reviewed by Legal Counsel
• Resolution Nuisance Abatement City Attorney Katherine Kenison
Page 2 of 2
RESOLUTION NO. 3tp z.2.
A RESOLUTION DETERMINING THAT LORANCE PENCE 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 Lot 15, Block 5, Capistrano Park, Parcel #90967000, Moses Lake,
Washington, is the site of public nuisance violations of Moses Lake Municipal Code (MLMC)
8.14. The records of Grant County show the owner of the subject property to be Lorance
Pence, 26910 92nd Avenue NW, Suite C-5, Stanwood, WA 98292.
2. Notice . On May 16, 2016, 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 June 23, 2016, the Code Enforcement Officer caused to be delivered to Lorance
Pence a notice of the intent of the City Council to consider adoption of a resolution such as this
at its meeting of July 12, 2016. 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 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.
RESOLUTION NO.
Page 2 July 12, 2016
4. Hearing. On July 12, 2016 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:
Resolved :
EXHIBIT #1: Moses Lake Municipal Code Chapters 8.14.030.U
EXHIBIT #2: "Notice of Violation and Order to Correct or Cease Activity sent May
16, 2016 from the Code Enforcement Officer addressed to Lorance Pence, 26910
92"d Avenue NW, Suite C5, Stanwood, WA 98292-5437
EXHIBIT #3: Pictures taken by Code Enforcement Officer of the property located
at Lot 15, Block 5, Capistrano Park, Moses Lake, Washington.
EXHIBIT #4: Letter dated June 23, 2016 from the Code Enforcement Officer to
Lorance Pence advising the property owner of the hearing regarding abatement of
property, scheduled for July 12, 2016.
1. A public nuisance in violation of MLMC 8.14 exists on the subject property at Lot 15, Block
5, Capistrano Park, Moses Lake, Washington. Lorance Pence, 26910 92"d Avenue Ne,
Suite C-5, Stanwood, WA 98292 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 and/or grass over 12" high
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. Lorance Pence, 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 Weeds must be cut back 1 O' from the sidewalk and neighboring properties and
removed from the sidewalk planter strip
RESOLUTION NO.
Page 2 July 12, 2016
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 July 12, 2016.
Todd Voth, Mayor
ATTEST:
W. Robert Taylor, Finance Director
8.14.030 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.
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.
Exhibit 1
Page 1 of 1
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City of Moses Lake
PO Drawer 1579
Moses Lake, WA 98837
Phone: (509) 764-3750
NOTICE OF VIOLATION AND ORDER TO CORRECT OR CEASE ACTIVITY
DATED: Monday, May 16, 2016
ISSUED TO:
LORANCE PENCE
26910 92NDAVE NW STE C5
STANWOOD, WA 98292-5437
CASE#: COD2016-0502
YOU ARE HEREBY ORDERED TO CORRECT OR CEASE THE ACIVITY AS FOLLOWS:
Weeds in excess of 12" in height are present on this property. Weeds also present in the sidewalk planter strip.
The City is requiring these corrections listed on this Notice and Order be accomplished by Thursday, May 26,
2016.
ACTION NECESSARY TO CORRECT VIOLATION
Weeds must be cut back 10' from the sidewalk and neighboring properties. Weeds must be removed from the sidewalk
planter strip.
I LOCATION OF UNLAWFUL CONDITION
LOCATION: 2118 W. SPRUCE ST MOSES LAKE, WA. 98837 PARCEL: 090967000
LEGAL DESC: Lot 15 Block 5 Capistrano Park
PROVISIONS OF THE CITY OF MOSES LAKE CODE VIOLATED
8. 14. 030. U -Maintenance of grasses, weeds, etc
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.
YOU ARE FURTHER NOTIFIED THAT THE MOSES LAKE CITY CODE PROVIDES FOR THE FOLLOWING
PENALTIES:
1. Any violation for which a Notice of Violation and Order to Correct or Cease Activity has been issued but which has not
been corrected within the time specified shall incur a civil penalty of two hundred fifty dollars ($250) per day up to a
sum of five thousand dollars ($5000), beginning on the day the correction was to be completed. The cumulative
penalty provided for in this paragraph shall not accrue while an appeal is pending, nor shall the penalty preclude the
initiation of appropriate legal action to correct the violation. [1 .20.050(E)(1 )].
2. If a penalty has been assessed pursuant to 1.20.050(E)(1 ), a Court shall assess that penalty and any additional
penalty the Court considers appropriate plus court cost~ and attorney's fees.
Exhibit 2
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YOU MAY APPEAL THIS NOTICE AND ORDER TO THE HEARING EXAMINER WITHIN TEN (10) DAYS, PURSUANT
TO SECTION 20.03.050 OF THE MOSES LAKE CITY CODE AND BY PAYMENT OF AN $800 FEE.
YOU ARE FURTHER NOTIFIED THAT IF THE AFORMENTIONED VIOLATION rs NOT CORRECTED AS SPECIFIED
HERIN THIS MATTER WILL BE REFEREEED TO THE CITY ATTORNEY FOR CIVIL ENFORCEMENT BY
INJUNCTION OR OTHER APROPRIATE ACTION.
BRETT HOLLEN
Code Enforcement Officer
Exhibit 2
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MOSES l-AKE
City of Moses Lake
PO Drawer 1579
Moses Lake, WA 98837
Phone: (509) 764-3750
DATED: Thursday, June 23, 2016
LORANCE PENCE
26910 92ND AVE NW STE CS
STANWOOD, WA 98292-5437
RE: Hearing to Permit City Abatement ofNuisance for case file#: COD2016-0502 ·
Property Located at: 2118 W. SPRUCE ST MOSES LAKE, WA. 98837 on Parcel 090967000
Via Regular Mail and Return Receipt Mail
LORANCE PENCE
You are identified in the records of the Grant County Assessor as the record owner ofreal property located within the City of Moses
Lake desctibed as: Lot 15 Block 5 Capistrano Park
This property is located at: 2118 W. SPRUCE ST MOSES LAKE, WA. 98837 on Parcel 090967000
On Monday, May 16, 2016 the City of Moses Lake mailed to you by regular mail and return receipt mail a Notice of Violation and
Order to Correct or Cease Activity within the time allowed by the City Code. The time specified in that Notice of Violation and Order
to Correct or Cease Activity has expired without compliance. As of Thursday, May 26, 2016 the nuisance located on the subject
property bas not been corrected or removed . .
Pursuant to Moses Lake Municipal Code (MLCM) 8.14.070 the City of Moses Lake is giving you notice that it will conduct a hearing
before the
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Moses Lake City Council at the Council's regular meeting on July 12th, 2016, which is more than ten days from the date of
this Jetter. That meeting will begin at 7:00 p.m. in the Council Chambers in the Moses Lake Civic Center. The purpose of this
hearing is for the City Council to determine if a nuisance exists on your property and if a nuisance is found to exist to direct the
abatement of that nuisance by use of City contracted forces. The cost of that abatement will be assessed against you as the owner of
the subject property. At the hearing all persons interested in the abatement of the nuisance existing on the subject property will have
the opportunity to be heard under oath. At that time, you may present all relevant evidence you wish for the City Council to consider,
whether that be documents, photos, or Jive testimony from yourselfor others. At the conclusion of that hearing, it is expected the City
Council will determine if an abatement of a nuisance located on the subject property should take place and when.
THIS HEARING IS IMPORTANT. YOUR FAILURE TO PARTICIPATE MAY IMPACT IMPORTANT RIGHTS IN
YOUR PROPERTY.
If you have any questions, you may contact the City Manager's Office at the Moses Lake Civic Center, 401 S. Balsam, Moses Lake,
WA, phone (509) 764-3701.
Sincerely, ~ ------/ / l ~ -<../~
TINA JEWELL
Code Enforcement Officer
cc: City Manager
City Attorney
Community Development Director
Exhibit 4
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