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09272016 Part 2To: 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 September 27, 2016 MOTION Resolution -Nuisance Abatement-2404 W . Lakeside Dr Legislative History: September 27, 2016 Motion Attached is a resolution providing for the abatement of a nuisance at 2404 Lakeside owned by Vona M. Gibson Est. 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 2404 Lakeside 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 23, 2016 Notice of Violation and Order to Correct or Cease Activity. Fiscal and Policy Implications N/A Page 1of2 Options • Option ;f Results Consider the Resolution abating the Compliance with MLMC 8.14 Nuisances existing nuisances at 2404 Lakeside • Consider the Resolution action. Staff Recommendation and take no Non-Compliance with MLMC 8.14, Nuisances I Staff recommends that City Council consider abating the existing nuisance at 2404 Lakeside and pass the Resolution as presented. Attachments I : I R~olITTloo 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 tf 'f A RESOLUTION DETERMINING THAT VONA M. GIBSON EST 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 Prooertv 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 2, less street and NEly 1 O' of Lot 3, Block 3, Pleasant View Deferral, Parcel #110890000, 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 Vona M. Gibson Est, 2404 W . Lakeside, Moses Lake, WA 98837. 2. Notice. On May 23, 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 September 13, 2016 , the Code Enforcement Officer caused to be delivered to Vona M. Gibson Est a notice of the intent of the City Council to consider adoption of a resolution such as this at its meeting of September 27 , 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. 4. Hearing. On September 27, 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 wh ich 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. RESOLUTION NO. Page 2 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 #1: Moses Lake Municipal Code Chapter 8.14.030 U. September 27, 2016 EXHIBIT #2: Notice of Violation and Order to Correct or Cease Activity dated May 23, 2016 from the Code Enforcement Officer addressed to Vona M. Gibson Est, 2404 W. Lakeside Drive, Moses Lake, WA 98837 Resolved: EXHIBIT #3: Pictures taken by Code Enforcement Officer of the property located at 2404 W. Lakeside, Moses Lake, Washington. EXHIBIT #4: Letter dated September 13, 2016, from the Code Enforcement Officer to Vona M. Gibson Est advising the property owner of the hearing regarding abatement of property, scheduled for September 27, 2016. 1. A public nuisance in violation of MLMC 8.13.030 U exists on the subject property at 2404 W. Lakeside, Moses Lake, Washington. Vona M. Gibson Est, 2404 W . Lakeside, 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. Vona M. Gibson Est, 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 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 September 27, 2016. Todd Voth, Mayor ATTEST: W. Robert Taylor, Finance Director CITY Of City of Moses Lake PO Drawer 1579 Moses Lake, WA 98837 Phone: (509) 764-3750 NOTICE TO CORRECT -UNSAFE OR UNLAWFUL CONDITION DATED: Wednesday, May 11, 2016 ISSUED TO: CASE VONA M GIBSON ESTATE 2404 W LAKESIDE DR MOSES LAKE, WA 98837-2819 #: COD2016-0582 As owner, agent, lessee, other person occupying or having charge or control of the building, lot or premises described in the location below, you are hereby notified that the undersigned, pursuant to the violations listed below of the Moses Lake Municipal Code, has determined that there exists upon or adjoining said premises the following conditions: Weeds and Grasses in excess of 12" in height are present in the front, sides, and back areas of this home. Weeds also present outside the fence along the sidewalk and in the sidewalk planter strip. LOCATION OF UNLAWFUL CONDITION LOCATION: 2404 W LAKESIDE DR, MOSES LAKE PARCEL: 110890000 LEGAL DESC: Lot 2 LS ST & NEL Y 10' Of Lot 3 Block 3 Pleasant View VIOLATIONS 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. CORRECTION REQUIRED Weeds and Grasses must be cut to lower than 12" in height. Weeds must be removed from the sidewalk and the sidewalk planter strips. You are notified to correct said conditions to the satisfaction of the undersigned by Saturday, May 21, 2016. If you do not correct the condition within the specified time period, a notice and order to correct the condition will be issued to you, which can result in a penalty being imposed. I would like to thank you in advance for your cooperating efforts. If you have any questions or need clarification on any of the above-mentioned items, please give me a call at (509) 764-3748 or come see me at City Hall. ~~ BRETT HOLLEN Code Enforcement Officer 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 CITY Of 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 23, 2016 ISSUED TO: VONA M GIBSON ESTATE 2404 W LAKESIDE DR MOSES LAKE, WA 98837-2819 CASE #: COD2016-0582 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 outside the fence along the sidewalk and in the sidewalk planter strip. The City is requiring these corrections listed on this Notice and Order be accomplished by Friday, June 3, 2016. ACTION NECESSARY TO CORRECT VIOLATION Weeds anti Grasses must be cut to lower than 12" in height. Weeds must be removed from the sidewalk and the sidewalk planter strips. LOCATION OF UNLAWFUL CONDITION LOCATION: 2404 W LAKESIDE DR, MOSES LAKE PARCEL: 110890000 LEGAL DESC: Lot 2 LS ST & NEL Y 10' Of Lot 3 Block 3 Pleasant View 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'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, v..reeds, 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 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 MOSES LAKE City of Moses Lake PO Drawer 1579 Moses Lake, WA 98837 Phone: (509)764-3750 DATED: Tuesday, September 13, 2016 VONA M GIBSON ESTATE 2404 W LAKESIDE DR MOSES LAKE, WA 98837-2819 RE: Hearing to Permit City Abatement of Nuisance for case file #: COD2016-0582 Property Located at: 2404 W LAKESIDE DR, MOSES LAKE on Parcel 110890000 Via Regular Mail and Return Receipt Mail VONA M GIBSON ESTATE 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 2 LS ST & NELY 10' Of Lot 3 Block 3 Pleasant View This property is located at: 2404 W LAKESIDE DR, MOSES LAKE on Parcel 110890000 On Monday, May 23, 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 3, 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 which is more than ten days from the date of this letter. That meeting will begin at 7:00 p.m. on September 27th, 2016 in the Council Chambers at 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, ~,-7/tvdf TINA JEWEL:, Code Enforcement Officer cc: City Manager City Attorney Community Development Director Exhibit 4 Page 1of1 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 September 27, 2016 MOTION Resolution -Nuisance Abatement-Kittleson and Maiers Roads Legislative History: l September 27, 2016 I I Motion Attached is a resolution providing for the abatement of a nuisance at Kittleson and Maiers Roads owned by Columbia Basin Investment Group. 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 Kittleson and Maiers Roads 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 July 12, 2016 Notice of Violation and Order to Correct or Cease Activity. Fiscal and Policy Implications N/A Page 1 of2 Options Option I Results Consider the Resolution ab;ti;;g--the II Compliance with MLM._C_8_.-14_N_u-is_a_n-ce--s---• existing nuisances at Kittleson and Maiers Roads j Consider the Resolution and tak;~on-Compliance with MLMC 8.14, Nuisances action. I • Staff Recommendation Staff recommends that City Council consider abating the existing nuisance at Kittleson and Maiers Roads and pass the Resolution as presented. Attachments I: I:::::~. 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 . ~ {p if~ A RESOLUTION DETERMINING THAT COLUMBIA BASIN INVESTMENT GROUP IS THE OWNER OF CERTAIN REAL PROPERTY WITHIN THE CITY; THAT A NUISANCE REQUIR ING 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 Prooertv 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 in Farm Unit 224, Block 41, less easterly 500' and west 12' and one half of vacated street in Section 36, Township 19 North, Range 28 East W.M., Parcel #110077000, Moses Lake, Washington, is the site of public nuisance violations of Moses Lake Municipal Code (MLMC) 8.14.030 M. 5. and U. The records of Grant County show the owner of the subject property to be Columbia Basin Investment Group, 8568 Dune Lake Road SE, Moses Lake, WA 98837-8228. 2. Notice. On July 25, 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 September 27, 2016, the Code Enforcement Officer caused to be delivered to Columbia Basin Investment Group a notice of the intent of the City Council to consider adoption of a resolution such as this at its meeting of September 27, 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 M. 5. and U 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. M. The erecting, maintaining, using, placing, depositing, leaving or permitting to be or remain in or upon any private lot, building, structure or premises, or in or upon any street, alley, sidewalk, park, parkway or other public or private place in the city, any one or more of the following disorderly, disturbing, unsanitary, fly-producing, rat-harboring, disease-causing places, conditions or things: 5. Any poison oak or poison ivy, Russian thistle or other noxious weeds, as defined by Chapter 8.22 of the Moses Lake Municipal Code entitled "Noxious Weed Control" whether growing or otherwise; but nothing herein shall prevent the temporary retention of such weeds in approved covered receptacles. 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 September 27, 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 September 27, 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 M. 5. and U. EXHIBIT #2: Notice of Violation and Order to Correct or Cease Activity dated July 12, 2016 from the Code Enforcement Officer addressed to Columbia Basin Investment Group, 8568 Dune Lake Road SE, Moses Lake, WA 98837. EXHIBIT #3: Pictures taken by Code Enforcement Officer of the property located at Farm Unit 224, Block 41, less easterly 500' and west 12' and one half of vacated street in Section 36, Township 19 North, Range 28 East W.M., Moses Lake, Washington. EXHIBIT #4: Letter dated September 15, 2016, from the Code Enforcement Officer to Columbia Basin Investment Group advising the property owner of the hearing regarding abatement of property, scheduled for Septembe3r 27, 2016. 1. A public nuisance in violation of MLMC 8.14.030 M. 5. and U. exists on the subject property at Farm Unit 224, Block 41 , less easterly 500' and west 12' and one half of vacated street in Section 36, Township 19 North , Range 28 East W.M., Moses Lake, Washington. Columbia Basin Investment Group, 8568 Dune Lake Road SE, 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. Kochia and weeds within 1 O' of the sidewalk 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. Columbia Basin Investment Group, 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: RESOLUTION NO. Page 3 4.1 Kill the kochia and cut weeds back 1 O' from the sidewalk September 27, 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 September 27, 2016. Todd Voth, Mayor ATTEST: W. Robert Taylor, Finance Director ~ CIT 1' 0 f City of Moses Lake PO Drawer 1579 Moses Lake, WA 98837 Phone: (509) 764-3750 NOTICE TO CORRECT -UNSAFE OR UNLAWFUL CONDITION DATED: Tuesday, June 28, 2016 ISSUED TO: COLUMBIA BASIN INVESTMENT GRP 8568 DUNE LAKE RD SE MOSES LAKE, WA 98837-8228 CASE#: COD2016-1095 As owner, agent, lessee, other person occupying or having charge or control of the building, lot or premises described in the location below, you are hereby notified that the undersigned, pursuant to the violations listed below of the Moses Lake Municipal Code, has determined that there exists upon or adjoining said premises the following conditions: Kochia, a noxious weed, is present on this property. Also, weeds are within 1 O' of the sidewalk and present in the sidewalk itself. LOCATION OF UNLAWFUL CONDITION LOCATION: KITTLESON RD & MAIERS RD MOSES LAKE, PARCEL: 110077000 WA LEGAL DESC: FU 224 Block 41 LS ELY 500' & !12 Vac St Adj 36 19 28 VIOLATIONS 8.14.030.M.5 -Noxious weeds The erecting, maintaining, using, placing, depositing, leaving or permitting to be or remain in or upon any private lot, building, structure or premises, or in or upon any street, alley, sidewalk, park, parkway or other public or private place in the city, any one or more of the following disorderly, disturbing, unsanitary, fly-producing, rat-harboring, disease-causing places, conditions or things: 5. Any poison oak or poison ivy, Russian thistle or other noxious weeds, as defined by Chapter 8. 22 of the Moses Lake Municipal Code entitled "Noxious Weed Control" whether growing or otherwise; but nothing he_rein shall prevent the temporary retention of such weeds in approved covered receptacles. 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'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 and which shall be approved by the city prior to any plowing, discing, or scraping, is implemented immediately. CORRECTION REQUIRED Kochia must be sprayed to kill the plants. Weeds must be removed from the sidewalk itself, and cut back 1 O' ftom the sidewalk as per city code. You are notified to correct said conditions to the satisfaction of the undersigned by Friday, July 8, 2016. If you do not correct the condition within the specified time period, a notice and order to correct the condition will be issued to you, which can result in a penalty being imposed. I would like to thank you in advance for your cooperating efforts. If you have any questions or need clarification on any of the above-mentioned items, please give me a call at (509) 764-3748 or come see me at City Hall. ;J~~ BRETT HOLLEN Code Enforcement Officer 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. M. The erecting, maintaining, using, placing, depositing, leaving or permitting to be or remain in or upon any private lot, building, structure or premises, or in or upon any street, alley, sidewalk, park, parkway or other public or private place in the city, any one or more of the following disorderly, disturbing, unsanitary, fly-producing, rat-harboring, disease-causing places, conditions or things: 5. Any poison oak or poison ivy, Russian thistle or other noxious weeds, as defined by Chapter 8.22 of the Moses Lake Municipal Code entitled "Noxious Weed Control" whether growing or otherwise; but nothing herein shall prevent the temporary retention of such weeds in approved covered receptacles. 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 CIT 'Y 0 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: i:uesday, July 12, 2016 ISSUED TO: COLUMBIA BASIN INVESTMENT GRP 8568 DUNE LAKE RD SE MOSES LAKE, WA 98837-8228 CASE#: COD2016-1095 YOU ARE HEREBY ORDERED TO CORRECT OR CEASE THE ACIVITY AS FOLLOWS: Kochia, a noxious weed, is present on this property. Also, weeds are within 10' of the sidewalk and present in the sidewalk itself The City is requiring these corrections listed on this Notice and Order be accomplished by Friday, July 22, 2016. ACTION NECESSARY TO CORRECT VIOLATION Kochia must be sprayed to kill the plants. Weeds must be removed from the sidewalk itself, and cut back 1 O' from the sidewalk as per city code. LOCATION OF UNLAWFUL CONDITION LOCATION: KITTLESON RD & MAIERS RD MOSES LAKE, PARCEL: 110077000 WA , LEGAL DESC: FU 224 Block 41 LS ELY 500' & !12 Vac St Adj 36 19 28 PROVISIONS OF THE CITY OF MOSES LAKE CODE VIOLATED 8.14.030.M.5 -Noxious weeds The erecting, maintaining, using, placing, depositing, leaving or permitting to be or remain in or upon any private lot, building, structure or premises, or in or upon any street, alley, sidewalk, park, parkway or other public or private place in the city, any one or more of the following disorderly, disturbing, unsanitary, fly-producing, rat-harboring, disease-causing places, conditions or things: 5. Any poison oak or poison ivy, Russian thistle or other noxious weeds, as defined by Chapter 8.22 of the Moses Lake Municipal Code entitled "Noxious Weed Control" whether growing or otherwise; but nothing herein shall prevent the temporary retention of such weeds in approved covered receptacles. 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'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 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 Exhibit 2 Page 1 of 4 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. 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. Sincerely, 6 BRETT HOLLEN Code Enforcement Officer Exhibit 2 Page 2 of 4 CI 'J 'T 0 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, July 25, 2016 ISSUED TO: Columbia Basin Investment Grp C/O lncorp Services, Inc. 4816 Aurora Ave N Seattle, WA 98103 CASE#: COD2016-1095 YOU ARE HEREBY ORDERED TO CORRECT OR CEASE THE ACIVITY AS FOLLOWS: Kochia, a noxious weed, is present on this property. Also, weeds are within 1 O' of the sidewalk and present in the sidewalk itself. The City is requiring these corrections listed on this Notice and Order be accomplished by Friday, August 5, 2016. ACTION NECESSARY TO CORRECT VIOLATION Kochia must be sprayed to kill the plants. Weeds must be removed from the sidewalk itself, and cut back 1 O' from the sidewalk as per city code. LOCATION OF UNLAWFUL CONDITION LOCATION: KITTLESON RD & MAIERS RD MOSES LAKE, PARCEL: 110077000 WA LEGAL DESC: FU 224 Block 41 LS ELY 500' & !12 Vac St Adj 36 19 28 PROVISIONS OF THE CITY OF MOSES LAKE CODE VIOLATED 8. 14. 030. M. 5 -Noxious weeds The erecting, maintaining, using, placing, depositing, leaving or permitting to be or remain in or upon any private lot, building, structure or premises, or in or upon any street, alley, sidewalk, park, parkway or other public or private place in the city, any one or more of the following disorderly, disturbing, unsanitary, fly-producing, rat-harboring, disease-causing places, conditions or things: 5. Any poison oak or poison ivy, Russian thistle or other noxious weeds, as defined by Chapter 8. 22 of the Moses Lake Municipal Code entitled "Noxious Weed Control" whether growing or otherwise; but nothing herein shall prevent the temporary retention of such weeds in approved covered receptacles. 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'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 and which shall be approved by the city prior to any plowing, discing, or scraping, is implemented immediately. Exhibit 2 Page 3 of 4 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. 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 (I T 1' e f MOSES LAKE City of Moses Lake PO Drawer 1579 Moses Lake, WA 98837 Phone: (509) 764-3750 DATED: Thursday, September 15, 2016 Columbia Basin Investment Grp C/O Lawrence Jacobsen JR. 8568 Dune Lake RD SE Moses Lake, WA. 98837 RE: Hearing to Permit City Abatement of Nuisance for case file#: COD2016-1095 Property Located at: KITTLESON RD & MAIERS RD MOSES LAKE, WA on Parcel 110077000 Via Regular Mail and Certified Mail Lawrence Jacobsen JR, 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: FU 224 Block 41 LS ELY 500' & 112 Vac St Adj 36 19 28 This property is located at: KITTLESON RD & MAIERS RD MOSES LAKE, WA on Parcel 110077000 On Tuesday, July 12, 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, September 15, 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 Tuesday, September 27, 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 Th1PORTANT. YOUR FAILURE TO PARTICIPATE MAY Th1PACT ™PORTANT 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. AJ'/~ / {{ala.o:RJGUEZ Code Enforcement 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 September 27, 2016 MOTION Resolution-Nuisance Abatement -2003 Beaumont Legislative History: September 27, 2016 Motion Attached is a resolution providing for the abatement of a nuisance at 2003 Beaumont owned by Heidi Chen and Anthony Hsu. 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 2003 Beaumont 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 July 7, 2016 Notice of Violation and Order to Correct or Cease Activity. Fiscal and Policy Implications N/A Page 1of2 Options ~~~~~~~~D ___ p_a_o_n~--~~~~ Results -·~~~~ • Consider the Resolution abating the Compliance with MLMC 8.14 Nuisances existing nuisances at 2003 Beaumont • 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 2003 Beaumont and pass the Resolution as presented. Attachments I : ,-R"olotio" 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 tf [p A RESOLUTION DETERMINING THAT HEIDI CHEN AND ANTHONY HSU 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 Prooertv 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 2003 S. Beaumont, Lot 73, Montlake Add. #1 , Parcel #101624000, Moses Lake, Washington, is the site of public nuisance violations of Moses Lake Municipal Code (MLMC) 8.14.030 M. 5 and U. The records of Grant County show the owner of the subject property to be Heidi Chen and Anthony Hsu, P. 0 . Box 50028, Bellevue, WA 98015. 2. Notice. On July 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 September 15, 2016, the Code Enforcement Officer caused to be delivered to Heidi Chen and Anthony Hsu a notice of the intent of the City Council to consider adoption of a resolution such as this at its meeting of September 27, 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.M.5 and 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. M. The erecting, maintaining, using, placing, depositing , leaving or permitting to be or remain in or upon any private lot, building, structure or premises, or in or upon any street, alley, sidewalk, park, parkway or other public or private place in the city, any one or more of the following disorderly, disturbing, unsanitary, fly-producing, rat-harboring, disease-causing places, conditions or things: 5. Any poison oak or poison ivy, Russian thistle or other noxious weeds, as defined by Chapter 8.22 of the Moses Lake Municipal Code entitled "Noxious Weed Control" whether growing or otherwise; but nothing herein shall prevent the temporary retention of such weeds in approved covered receptacles. 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. PAGE2 September 27, 2016 4. Hearing. On September 27, 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 M. 5 and U. EXHIBIT #2: Notice of Violation and Order to Correct or Cease Activity dated July 7, 2016 from the Code Enforcement Officer addressed to Heidi Chen and Anthony Hsu, P. 0 . Box 50028, Bellevue, WA 98015 EXHIBIT #3: Pictures taken by Code Enforcement Officer of the property located at 2003 S. Beaumont Drive, Moses Lake, WA 98837. EXHIBIT#4: Letterdated September 15, 2016, from the Code Enforcement Officer to Heidi Chen and Anthony Hsu advising the property owners of the hearing regarding abatement of property, scheduled for September 27, 2016. 1. A public nuisance in violation of MLMC 8.13.030 M. 5. and U exists on the subject property at 2003 S. Beaumont Drive, Moses Lake, Washington. Heidi Chen and Anthony Hsu, P. 0 . Box 50028, Bellevue, WA 98015 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. Kochia, a noxious weed 2.2 Weeds in sidewalk and on property 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. Heidi Chen and Anthony Hsu, 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 Kochia must be sprayed and then removed from the property 4.2 The weeds must be removed from the sidewalk and cut back 1 O' from the sidewalk on the property itself 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. RESOLUTION NO. PAGE 3 September 27, 2016 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 27, 2016. Todd Voth, Mayor ATTEST: W. Robert Taylor, Finance Director City of Moses Lake CITY 0 F PO Drawer 1579 Moses Lake, WA 98837 Phone: (509) 764-3750 NOTICE TO CORRECT -UNSAFE OR UNLAWFUL CONDITION DATED: Friday, June 24, 2016 ISSUED TO: Heidi Chen & Anthony Hsu PO Box 50028 Bellvue, WA 98015 CASE#: COD2016-1074 As owner, agent, lessee, other person occupying or having charge or control of the building, lot or premises described in the location below, you are hereby notified that the undersigned, pursuant to the violations listed below of the Moses Lake Municipal Code, has determined that there exists upon or adjoining said premises the following conditions: Weeds in excess of 12" in height, including Kochia a noxious weed, are present on this property. Weeds are also present in the sidewalk, where the sidewalk meets the curb. LOCATION OF UNLAWFUL CONDITION LOCATION: 2003 S BEAUMONT DR, MOSES LAKE LEGAL DESC: Lot 73 Montlake Add# 1 VIOLATIONS 8. 14. 030. M. 5 -Noxious weeds PARCEL: 101624000 The erecting, maintaining, using, placing, depositing, leaving or permitting to be or remain in or upon any private lot, building, structure or premises, or in or upon any street, alley, sidewalk, park, parkway or other public or private place in the city, any one or more of the following disorderly, disturbing, unsanitary, fly-producing, rat-harboring, disease-causing places, conditions or things: 5. Any poison oak or poison ivy, Russian thistle or other noxious weeds, as defined by Chapter 8.22 of the Moses Lake Municipal Code entitled "Noxious Weed Control" whether growing or otherwise; but nothing herein shall prevent the temporary retention of such weeds in approved covered receptacles. 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. CORRECTJON REQUIRED Kochia must be sprayed to kill the plants on this property. Weeds must be removed from the sidewalk itself, and weeds must be cut back 1 O' from the sidewalk as per city code. You are notified to correct said conditions to the satisfaction of the undersigned by Monday, July 4, 2016. If you do not correct the condition within the specified time period, a notice and order to correct the condition will be issued to you, which can result in a penalty being imposed. I would like to thank you in advance for your cooperating efforts. If you have any questions or need clarification on any of the above-mentioned items, please give me a call at (509) 764-3748 or come see me at City Hall. Sincerely, 6 BRETT HOLLEN Code Enforcement Officer 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. M. The erecting, maintaining, using, placing, depositing, leaving or permitting to be or remain in or upon any private lot, building, structure or premises, or in or upon any street, alley, sidewalk, park, parkway or other public or private place in the city, any one or more of the following disorderly, disturbing, unsanitary, fly-producing, rat-harboring, disease-causing places, conditions or things: 5. Any poison oak or poison ivy, Russian thistle or other noxious weeds, as defined by Chapter 8.22 of the Moses Lake Municipal Code entitled "Noxious Weed Control" whether growing or otherwise; but nothing herein shall prevent the temporary retention of such weeds in approved covered receptacles. 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, discin g, or scraping, is implemented immediately. Exhibit 1 Page 1 of 1 CITY 0 J 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, July 7, 2016 ISSUED TO: Heidi Chen & Anthony Hsu PO Box 50028 Bellvue, WA 98015 CASE#: COD2016-1074 YOU ARE HEREBY ORDERED TO CORRECT OR CEASE THE ACIVITY AS FOLLOWS: Weeds in excess of 12" in height, including Kochia a noxious weed, are present on this property. Weeds are also present in the sidewalk, where the sidewalk meets the curb. The City is requiring these corrections listed on this Notice and Order be accomplished by Sunday, July 17, 2016. ACTION NECESSARY TO CORRECT VIOLATION Kochia must be sprayed to kill the plants on this property. Weeds must be removed from the sidewalk itself, and weeds must be cut back 1 O' from the sidewalk as per city code. LOCATION OF UNLAWFUL CONDITION LOCATION: 2003 S BEAUMONT DR, MOSES LAKE LEGAL DESC: Lot 73 Montlake Add# 1 PARCEL: 101624000 PROVISIONS OF THE CITY OF MOSES LAKE CODE VIOLATED 8.14.030.11{1.5-Noxious weeds The erecting, maintaining, using; placing, depositing, leaving or permitting to be or remain in or upon any private lot, building, structure or premises, or in or upon any street, alley, sidewalk, park, parkway or other public or private place in the city, any one or more of the following disorderly, disturbing, unsanitary, fly-producing, rat-harboring, disease-causing places, conditions or things: 5. Any poison oak or poison ivy, Russian thistle or other noxious weeds, as defined by Chapter 8.22 of the Moses Lake Municipal Code entitled "Noxious Weed Control" whether growing or otherwise; but nothing herein shall prevent the temporary retention of such weeds in approved covered receptacles. 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'} 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: Exhibit 2 Page 1 of 2 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 initiati9n 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. 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. d~~ BRETT HOLLEN Code Enforcement Officer Exhibit 2 Page 2 of 2 MOSES LAKE City of Moses Lake PO Drawer 1579 Moses Lake, WA 98837 Phone: (509) 764-3750 DATED: Thursday, September 15, 2016 Heidi Chen & Anthony Hsu 1600 Lind Ave SW #220 Renton, W A.98057 RE: Hearing to Permit City Abatement of Nuisance for case file#: COD2016-1074 Property Located at: 2003 S BEAUMONT DR, MOSES LAKE on Parcel 101624000 Via Regular Mail and Certified Mail Heidi Chen & Anthony Hsu 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: Lot 73 Montlake Add# 1 This property is located at: 2003 S BEAUMONT DR, MOSES LAKE on Parcel 101624000 On Thursday, July 7, 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, September 15, 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 Tuesday, September 27, 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. TIDS HEARING IS IMPORTANT. YOURFAJLURE 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. Code Enforcement 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 September 27, 2016 MOTION Resolution -Nuisance Abatement -1061 S. Division St. Legislative History: I September 27, 2016 I I Motion Attached is a resolution providing for the abatement of a nuisance at 1061 Division owned by Bonita Theresa Evens Estate. 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 1061 Division 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 August 10, 2016 Notice of Violation and Order to Correct or Cease Activity. Fiscal and Policy Implications N/A Options Page 1of2 ___________ _Qption -+--------Results ·----·--- • Consider the Resolution abating the I Compliance with MLMC 8.14 Nuisances existing nuisances at 1061 Division i • Consider the Resolution and take no I Non-Compliance with MLMC 8.14, Nuisances action. I Staff Recommendation Staff recommends that City Council consider abating the existing nuisance at 1061 Division 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. °?;lRtf7 A RESOLUTION DETERMINING THAT BONITA THERESA EVENS ESTATE 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 1061 S. Division (Lot 1, Maver Addition) Parcel #101520000, Moses Lake, Washington, is the site of public nuisance violations of Moses Lake Municipal Code (MLMC) 8.14.030 . The records of Grant County show the owner of the subject property to be Bonita Theresa Evens Estate, c/o Rube Evens, P. 0 . Box 56, Yakutat, AK 99689-0056. 2. Notice. On August 10, 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 September 16, 2016, the Code Enforcement Officer caused to be delivered to Bonita Thereas Evens Estate a notice of the intent of the City Council to consider adoption of a resolution such as th is at its meeting of September 27, 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 M. 5 & 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. 4. Hearing. On September 27, 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. RESOLUTION NO. Page 2 September 27, 2016 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 Section 8.14.030 U. EXHIBIT #2: Notice of Violation and Order to Correct or Cease Activity dated August 10, 2016 from the Code Enforcement Officer addressed to Bonita Theresa Evens Estate, c/o Rube Evens, P. 0 . Box 56, Yakutat, AK 99689-0056. EXHIBIT #3: Pictures taken by Code Enforcement Officer of the property located at 1061 S. Division Street, Moses Lake, Washington. EXHIBIT #4: Letter dated September 16, 2016 from the Code Enforcement Officer to Bonita Theresa Evens Estate advising the property owner of the hearing regarding abatement of property, scheduled for September 27, 2016. 1. A public nuisance in violation of MLMC 8.14.030 U exists on the subject property at 1061 S. Division, Moses Lake, Washington. Bonita Theresa Evens Estate, c/o Rube Evens, P. 0 . Box 56, Yakutat, AK 99689-0056 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: Weeds in excess of 12" 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. Bonita Thereas Evens Estate, 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 down or removed 5. City staff shall provide a status report to City Council on the progress of the record contract owner 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 September 27, 2016. Todd Voth, Mayor ATTEST: W . Robert Taylor, Finance Director City of Moses Lake c I 'Ty 0 f PO Drawer 1579 Moses Lake, WA 98837 Phone: (509) 764-3750 NOTICE TO CORRECT -UNSAFE OR UNLAWFUL CONDITION DATED: Friday, July 29, 2016 ISSUED TO: Bonita Thereas Evens Est CIO Rube Evens PO BOX 56 Yakutat, AK 99689-0056 CASE #: COD2016-1550 As owner, agent, lessee, other person occupying or having charge or control of the building, lot or premises described in the location below, you are hereby notified that the undersigned, pursuant to the violations listed below of the Moses Lake Municipal Code, has determined that there exists upon or adjoining said premises the following conditions: Weeds in excess of 12" in height are present in the front and back areas of this home, outside the fence along the sidewalk, and in the sidewalk planter strips. LOCATION OF UNLAWFUL CONDITION LOCATION: 1061 S DIVISION ST, MOSES LAKE LEGAL DESC: Lot 1 Maver Add VIOLATIONS 8. 14. 030. U -Maintenance of grasses, weeds, etc PARCEL: 101520000 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. CORRECTION REQUIRED Weeds must be removed from all of these areas. You are notified to correct said conditions to the satisfaction of the undersigned by Tuesday, August 9, 2016. If you do not correct the condition within the specified time period, a notice and order to correct the condition will be issued to you, which can result in a penalty being imposed. I would like to thank you in advance for your cooperating efforts. If you have any questions or need clarification on any of the above-mentioned items, please give me a call at (509) 764-3748 or come see me at City Hall. Sincerely, . / / /;;' b~~~ BRETT HOLLEN Code Enforcement Officer 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, wh ich 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 C: IT Y 0 Y: City of Moses La ke PO Drawer 1579 Moses Lake, WA 98837 Phone: (509) 764-3750 NOTICE OF VIOLATION AND ORDER TO CORRECT OR CEASE ACTIVITY DATEb:VVednesday,August10,2016 ISSUED TO: Bonita Thereas Evens Est C/O Rube Evens PO BOX 56 Yakutat, AK 99689-0056 CASE#: COD2016-1550 YOU ARE HEREBY ORDERED TO CORRECT OR CEASE THE ACIVITY AS FOLLOWS: Weeds in excess of 12" in height are present in the front and back areas of this home, outside the fence along the sidewalk, and in the sidewalk planter strips. The City is requiring these corrections listed on this Notice and Order be accomplished by Saturday, August 20, 2016. ACTION NECESSARY TO CORRECT VIOLATION Weeds must be removed from all of these areas. LOCATION OF UNLAWFUL CONDITION LOCATION: 1061 S DIVISION ST, MOSES LAKE LEGAL DESC: Lot 1 Maver Add PARCEL: 101520000 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 costs and attorney's fees. Exhibit 2 Page 1 of 2 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. h~ BRETT HOLLEN Code Enforcement Officer Exhibit 2 Page 2 of 2 HOSES LAKE City of Moses Lake PO Drawer 1579 Moses Lake, WA 98837 Phone: (509) 764-3750 DATED: Friday, September 16, 2016 Bonita Theresa Evens Est C/O Rube Evens POBOX56 Yakutat, AK 99689-0056 RE: Hearing to Permit City Abatement of Nuisance for case file#: COD2016-1550 Property Located at: 1061 S DIVISION ST, MOSES LAKE on Parcel 101520000 Via Regular Mail and Certified Mail Bonita Theresa Evens 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: Lot 1 Maver Add This property is located at: 1061 S DIVISION ST, MOSES LAKE on Parcel 101520000 On Wednesday, August 10, 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, September 16, 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 Tuesday, September 27, 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 Counyil 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. TIDS 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, ezG~Z Code Enforcement Officer cc: City Manager City Attorney Community Development Director Exhibit 4 Page 1 of 1