06232015_Part2June 17, 2015
Honorable Mayor and
Moses Lake City Council
Dear Council Members
CITY O F
MOSES LAKE
Attached is a resolution providing for the abatement of nuisances at 2404 W. Lakeside
Drive, 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.
The resolution is attached for Council consideration.
Respectfully submitted
{!{\-
Gilbert Alvarado
Interim City Manager
GA:jt
City Manager 764-3701 ·City Attorney 764-3703 ·Community Development 764-3750 . Finance 764-3717 . Fire 765-2204
Municipal Services 764-3783 ·Municipal Court 764-3701 . Parks & Recreation 764-3805 . Police 764-3887 . Fax 764-3739
401 S Balsam St .. P.O. Drawer 1579 . Moses Lake, WA 98837-0244 . www_cityofmLcom
RESOLUTION NO. 3 5 2 L.('
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 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
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 7, 2015, 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 1, 2015, 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 June 23, 2015. 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: 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.
4. Hearing. On June 23, 2015 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:
Clair Harden, 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.
EXHIBIT #2: Notice of Violation and Order to Correct or Cease Activity dated May 7, 2015 from
the Code Enforcement Officer addressed to Vona M. Gibson Est, 2404 W. Lakeside Drive, Moses
Lake, WA 98837
EXHIBIT #3: Pictures taken by Code Enforcement Officer of the property located at 2404 W.
Lakeside, Moses Lake, Washington.
RESOLUTION NO. 3465
Page 2 August26, 2014
EXHIBIT #4: Letter dated June 1, 2015, from the Code Enforcement Officer to Vona M. Gibson
Est advising the property owner of the hearing regarding abatement of property, scheduled for
June 23, 2015.
Resolved:
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 are covering the back, side and front yards and
the sidewalk planter strip
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 from these areas
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 June 23, 2015.
Dick Deane, Mayor
ATTEST:
W. Robert Taylor, Finance Director
8.14.030
A.
B.
C.
D.
E.
F.
G.
H.
I.
J.
K.
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 deter-
mines 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.
The existence of any trash, dirt, filth, and carcass of any animal, waste shrubs, accumulation
of lawn or yard trimmings or other offensive matter.
Defective or overflowing septic or sewage systems, and the existence of any noxious, foul,
or putrid liquid or substance which poses a health hazard or creates a noxious odor.
Any man-caused pool of standing or stagnant water, except storm drainage systems, wh ich
serves as a breeding area for insects.
Accumulation of garbage, decaying vegetation, manure, dead animals, or other noxious
th ings in a street or alley, or on public or private property to an extent injurious to the public
health as determined by the Health Officer.
All other acts, failure to act, occupations, or use of property which is determined by the Health
Officer to be a menace to the health of the public.
All limbs of trees which are less than seven (7) feet above the surface of any public sidewalk,
or twelve (12) feet above the surface of any street.
All buildings, other structures, or portions thereof which have been damaged by fire, decay,
neglect, or have otherwise deteriorated or become dilapidated so as to endanger the safety
of the public.
All explosives, flammable liquids, and other dangerous substances stored or used in any
manner in violation of the State Fire Code.
The keeping or harboring of any dog, fowl, or other animal which by frequent or habitual
howling, yelping, barking, crowing, or in the making of other noises, annoys or disturbs the
public, or the habitual allowing of dogs kept at any one address to run at large in violation of
Chapter 6.05 of the Moses Lake Municipal Code entitled "Animal Control".
Making or causing to be made by any means whatsoever any noise of any kind which is a
violation of Chapters 8.28 of the Moses Lake Municipal Code entitled "Noise Control".
The frequent, repetitive, or continuous sound made by any secured, unsecured, or
deteriorated membrane or sheet metal, being moved by the wind or other source, which
unreasonably interferes with the peace, comfort and repose of adjacent property owners or
possessors.
L. Dumping, throwing, placing, leaving or causing or permitting to be dumped, thrown, placed
or left, any filth, paper, cans, glass, rubbish, trash garbage, grass trimmings, shrub trimming,
and shrubbery of any kind, in or upon any street, alley, sidewalk, ditch, or public or private
property of another in the city.
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:
1. Any putrid, unhealthy or unwholesome bones, meat, hides, skins, or whole or any
part of any dead animal, fish or fowl, or waste parts of fish , vegetable or animal
Exhibit 1
Page 1 of 4
matter in any quantity; but nothing herein shall prevent the temporary retention of
waste in approved covered receptacles.
2. Any privies, vaults, cesspools, sumps, pits or like places wh ich are not securely
protected from flies and rats, or which are foul or malodorous.
3. Any filthy, littered or trash-covered dwellings, cellars, house yards, barnyards, stable
yards, factory yards, vacant areas in the rear of stores, vacant lots, houses, buildings
or premises.
4. Any animal manure in any quantity which is not securely protected from flies or
weather conditions, or which is kept or handled in violation of any ordinance of the
city.
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.
6. Any bottles, cans, glass, ashes, small pieces of scrap iron , wire, metal articles, bric-
a-brac, broken crockery, broken glass, broken plaster and all such trash, or
abandoned material, unless it is kept in approved covered bins or galvanized iron
receptacles.
7. Any trash, litter, rags, accumulations or empty barrels, boxes, crates, packing cases,
mattresses, bedding, excelsior, packing hay, straw or other packing material, lumber
not neatly piled , scrap iron , tin or other metal not neatly piled , or anything whatsoever
in which flies or rats may breed or multiply or which may be a fire hazard.
N. The permitting to remain outside any dwelling, building, or other structure, or within any
unoccupied or abandoned building, dwelling, or other structure, in a place accessible to
children, any abandoned, unattended, or discarded ice chest, refrigerator or other airtight
contained, which does not have the door, lid or other locking device removed.
0. Any pit, hole, basin or excavation which is unguarded or dangerous to life or has been
abandoned, or is no longer used for the purpose constructed, or is maintained contrary to
statutes, ordinances, or regulations.
P. Any well or storage tank permitted to remain on any public or private property without being
securely closed or barring any entrance or trap door thereto, or without filling or capping any
well.
Q. The repair or abandonment of any automobile, truck, or other motor vehicle of any kind upon
the public streets or alleys of the city.
R. The keeping or permitting the existence of any bees or other insects, reptiles, rodents, fowl,
or any other animals, domestic or wild, in any manner contrary to law, or which affect the
safety of the public.
S. The existence of any fence, other structure, or thing on private or public property abutting or
fronting upon any public street, sidewalk, or place, which is sagging , leaning, fallen, decayed
or is otherwise dilapidated and creating an unsafe condition.
T. The existence of any vine, shrub, or plant growing on, around, or in front of any fire hydrant,
utility pole, utility box, or any other appliance or facility provided for fire protection, public or
private utility purposes in such a way as to obscure from view or impair access thereto.
Exhibit 1
Page 2 of 4
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 dis rupted
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.
V. The existence of any dead, diseased, infected, or dying tree, shrub, or other vegetation which
may pose a danger to vegetation, crops, property, or persons.
W. The existence of any accumulation of materials or objects in a location when the same
endangers property, safety or constitutes a fire hazard.
X. The depositing or burning or causing to be deposited or burned in any street, alley, sidewalk,
parkway or other public place which is open to travel, of any hay, straw, paper, wood, boards,
boxes, leaves, manure or other rubbish or material.
Y. The storage or keeping on any premises for more than thirty days of any used or unused
bui lding materials as defined in Section 8.14. 010 (F), whose retail cost new would exceed
one hundred dollars, without a special permit from the building official; provided, that nothing
herein shall :
1. Prohibit such storage without a permit when done in conjunction with a construction
project for which a building permit has been issued and which is being prosecuted
diligently to completion.
2. Prohibit such storage without a permit upon the premises of a bona fide lumber yard,
dealer in building materials or other commercial enterprise when the same is
permitted under the zoning ordinance and other applicable laws.
3. Make lawful any such storage or keeping when it is prohibited by other ordinances
or laws.
Z. The existence on any premises of any unused and abandoned trailer, house trailer, automo-
bile, boat or other vehicle or major parts thereof.
AA. The keeping or maintenance in any area on private property which is clearly visible from a
public street, sidewalk, park or other public area any accumulation, collection or untidy storage
of any of the following: old appliances or parts thereof; old iron, steel, aluminum or other
metal; inoperable vehicles, vehicle parts, machinery or equipment; mattresses, bedding,
clothing, rags or cloth; straw, packing materials, cardboard or paper, tin cans, wire, bottles,
glass, cans, barrels, bins, boxes, containers, ashes, plaster or cement; or wood. This
determination shall not apply to conditions completely enclosed within a building or fencing so
as not to be visible from public property.
BB. The keeping, permitting or harboring of any fowl, pigeons, rabbits, hoofed or cloven footed
animals, except for caged birds kept within a residence or business.
Exhibit 1
Page 3 of 4
CC. The depositing of any debri s, vegetation, lawn cl ippings, lumber piles, wood piles, auto parts
or bodies, garbage and the like, or storing of any material of any kind, provided that in
residential zones that shall include garbage cans or refuse containers in the alleys of the city,
except on garbage pickup day.
DD. The existence of graffiti, which is defined as a defacing, damaging, or destructive inscription,
figure or design painted, drawn or the like, on the exterior of any building, fence, gate, or other
structures or on rocks, bridges, trees, or other real or personal property.
EE. The locating of automobiles, trucks, recreational vehicles, trailers, boats, or any other vehicles,
vessels, or the like for the purpose of advertising its sale on property located in any commercial
or industrial zone not owned by the seller.
FF. The permitting of any condition or situation where the soil has been disrupted, disturbed, or
destablized so as to allow blowing dust to exist.
GG. The existence on any premise any unsecured, unused, or abandoned building or structures.
HH. For any building the existence of any broken glass in windows or doors for more than thirty (30)
days.
II. Buildings or portions thereof that have faulty weather protection, such as openings in walls and
roofs. Faulty weather protection shall include temporary weather barriers, such as tarps,
plastic or similar material, left in place for more than thirty (30) days.
JJ. Any building which has a window, door, or other exterior opening closed by extrinsic devices
or some other manner, with material that has not been painted to match or compliment the
buildings exterior or remains boarded up for more than sixty (60) days.
KK. Any boarded up building that remains boarded up for more than ninety (90) days.
LL Permitting any violation of RCW 59.18.510 in any rental dwelling unit.
MM. Criminal street gangs and any pattern of criminal street gang activity are each declared to be
a public nuisance in violation of this chapter and other applicable code provisions, including
but not limited to the Uniform Code for the Abatement of Dangerous Buildings and State
Housing Code, subject to abatement through all available means. In addition thereto and
without limitation, any pattern of criminal street gang activity upon, and the presence and use
of property by, a criminal street gang, with the owner's knowledge or consent, constitutes a
public nuisance and grounds for revocation of any permit or license regulating or authorizing
the use of such property.
Exhibit 1
Page 4 of 4
CITY Of
MOSES LAKE
CITY OF MOSES LAKE
• • •
NOTICE OF VIOLATION AND ORDER TO CORRECT OR CEASE ACTIVITY
TO: Vona M Gibson Est
2404 W Lakeside Dr
Moses Lake, WA 98837
NOTICE OF VIOLATION
Provisions of the City of Moses Lake Code Violated:
Moses Lake Municipal Code 8.14.030U
Street Address of Violation:
2404 W Lakeside Dr, Moses Lake, WA 98837
Brief Legal Description of Property Where Violation Exists:
Lot 2 LS ST & NEL Y 1 O' Of Lot 3 Block 3 Pleasant View 110890000
YOU ARE HEREBY ORDERED TO CORRECT OR CEASE THE ACTIVITY AS FOLLOWS:
Action Necessary to Correct Violation:
Weeds need to be removed from the sidewalk planter strip, and cut down in the yard areas of this home.
Time by Which Violation is to be Corrected or Activty Ceased
The City is requiring these corrections listed on this Notice and Order be accomplished by
Thursday,May,07,2015
YOU ARE FURTHER NOTIFIED THAT THE MOSES LAKE CITY CODE PROVIDES FOR THE
FOLLOWING PENALTIES:
Exhibit 2
Page 1 of 2
City Manager 764-3701 ·City Attorney 764-3703 ·Community Development 764-3 750 ·Finance 764-3717 ·Fire 765-2204
Municipal Services 764-3783 ·Municipal Court 764-3701 ·Parks & Recreation 764-3805 ·Police 764-3887 ·Fax 764-3739
401 S Balsam St.· P.O. Drawer 1579 ·Moses Lake, WA 98837-0244 · www.cityofml.com
1. Any violation for which a Notice of Violation and Order to Correct or Cease Activity ha:>
been issued but which has not been corrected within the 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)(l)].
2. If a penalty has been assessed pursuant to 1.20.050(E)(l), 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 AFOREMENTIONED VIOLATION IS NOT
CORRECTED AS SPECIFIED HERIN THIS MA TIER WILL BE REFERRED TO THE CITY
ATTORNEY FOR CIVIL ENFORCEMENT BY INJUNCTION OR OTHER APROPRIATE ACTION.
Dated this Monday, April 27, 2015
Brett Hollen
Code Enforcement
City of Moses Lake
509-764-3748
Exhibit 2
Page 2 of 2
June, 01, 2015
Vona M Gibson Est
2404 W Lakeside Dr
Moses Lake, WA 98837
CITY OF
MOSES LA K E
Re: Hearing to Pennit City Abatement of Nuisance
Property located at: 2404 W Lakeside Dr, Parcel 110890000, Moses Lake, WA 98837
Via Regular Mail and Return Receipt Mail
Vona M Gibson Est
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 2 LS ST & NELY 10' Of Lot 3 Block 3 Pleasant View.
This property is located at: 2404 W Lakeside Dr, Parcel 110890000, Moses Lake, WA 98837
On Monday, April 27, 2015 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 May 29, 2015, the
nuisance located on the subject property has not been corrected or removed.
Pursuant to Moses Lake Municipal Code (MLMC) 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, June 23, 2015 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 that 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 detennine 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, .
Cll~~J
Clair Harden
Code Enforcement Officer 1
cc: City Manager
City Attorney
Community Development Director
Exhibit 4
City Manager 764-3701 · City Attorney 764-3 703 · Community Development 764·3 750 ·Finance 764-3 717 · Fire 765-2204
Municipal Services 764-3783 ·Municipal Court 764-3701 ·Parks & Recreation 764-3805 ·Police 764-3887,Aax 764-3739
401 S Balsam St.· P.O. Drawer 1579 ·Moses Lake, WA 98837-0244 · www.cityofml.com
I
I
June 17, 2015
Honorable Mayor and
Moses Lake City Council
Dear Council Members
CITY OF
MOSES LAKE
Attached is a resolution providing for the abatement of nuisances at 814 S. Fairbanks
Drive, owned by Mark A. Janke 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.
The resolution is attached for Council consideration.
Respectfully submitted
~
Gilbert Alvarado
Interim City Manager
GA:jt
City Manager 764-3701 ·City Attorney 764-3703 ·Community Development 764-3750 ·Finance 764·3717 ·Fire 765-2204
Municipal Services 764-3783 ·Municipal Court 764-3701 ·Parks & Recreation 764-3805 . Police 764-3887 . Fax 764-3739
401 S Balsam St .. P.O. Drawer 1579 . Moses Lake, WA 98837-0244 .www.cityofml.com
RESOLUTION NO. ?;SJ.... f
A RESOLUTION DETERMINING THAT MARK A. JANKE IS THE OWNER OF CERTAIN REAL
PROPERTY WITHIN THE CITY; THAT AN U I SANCE REQUIRING ABATEMENT BY CITY FORCES
OR FORCES CONTRACTED BY THE CITY EXISTS ON SUCH PROPERTY; AND DIRECTING THE
USE OF SUCH FORCES TO ABATE THE NUISANCE FOUND
Recitals:
1. Real Property Location and Ownership. It is alleged by a Code Enforcement Officer of the City, a person
authorized to enforce the ordinances and municipal code of the City, that the real property located at 814
s. Fairbanks Drive, Lot4, Block 8m, Lakeview Terrace #1, Parcel #100887000, Moses Lake, Washington,
is the site of public nuisance violations of Moses Lake Municipal Code (M LMC) 8.14.030 U. The records
of Grant County show the owners of the subject property to be Mark A. Janke, 814 S. Fairbanks Drive,
Moses Lake, WA 98837.
2. Notice. On May 13, 2015, 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 2, 2015, the Code
Enforcement Officer caused to be delivered to Mark A. Janke a notice of the intent of the City Council to
consider adoption of a resolution such as this at its meeting of June 23, 2015. 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 8.13.030 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.
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 June 23, 2015 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
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:
EXHIBIT #1 : Moses Lake Municipal Code Chapter 8.14.030
June 23, 2015
EXHIBIT #2: Notice of Violation and Order to Correct or Cease Activity dated May 13, 2015 from
the Code Enforcement Officer addressed to Mark Janke, 814 S. Fairbanks, Moses Lake, WA
98837.
Resolved:
EXHIBIT #3: Pictures taken by Code Enforcement Officer of the property located at 814 S.
Fairbanks, Moses Lake, Washington.
EXHIBIT #4: Letter dated June 2, 2015, from the Code Enforcement Officer to Mark Janke
advising the property owner of the hearing regarding abatement of property, scheduled for June
23, 2015.
1. A public nuisance in violation of MLMC 8.13.040 exists on the subject property at 814 S. Fairbanks,
Moses Lake, Washington. Mark A. Janke, 814 S. Fairbanks, Moses Lake, WA 98837 are 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 . 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.
4. Mark Janke, the record contract owner, has fifteen (15) days from the date of the adoption of this
resolution to cause the nuisance violations listed herein to be removed to the satisfaction of the Code
Enforcement Officer. Those improvements include the following:
4.1 Grasses and weeds must be cut down and removed from the property
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 June 23, 2015.
Dick Deane, Mayor
ATTEST:
W. Robert Taylor, Finance Director
8.14.030
A.
B.
C.
D.
E.
F.
G.
H.
I.
J.
K.
L.
M.
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 deter-
mines 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.
The existence of any trash, dirt, filth, and carcass of any animal, waste shrubs, accumulation
of lawn or yard trimmings or other offensive matter.
Defective or overflowing septic or sewage systems, and the existence of any noxious, foul,
or putrid liquid or substance which poses a health hazard or creates a noxious odor.
Any man-caused pool of standing or stagnant water, except storm drainage systems, which
serves as a breeding area for insects.
Accumulation of garbage, decaying vegetation, manure, dead animals, or other noxious
things in a street or alley, or on public or private property to an extent injurious to the public
health as determined by the Health Officer.
All other acts, failure to act, occupations, or use of property which is determined by the Health
Officer to be a menace to the health of the public.
All limbs of trees which are less than seven (7} feet above the surface of any public sidewalk,
or twelve (12} feet above the surface of any street.
All buildings, other structures, or portions thereof which have been damaged by fire, decay,
neglect, or have otherwise deteriorated or become dilapidated so as to endanger the safety
of the public.
All explosives, flammable liquids, and other dangerous substances stored or used in any
manner in violation of the State Fire Code.
The keeping or harboring of any dog, fowl, or other animal which by frequent or habitual
howling, yelping, barking, crowing, or in the making of other noises, annoys or disturbs the
public, or the habitual allowing of dogs kept at any one address to run at large in violation of
Chapter 6.05 of the Moses Lake Municipal Code entitled "Animal Control".
Making or causing to be made by any means whatsoever any noise of any kind which is a
violation of Chapters 8.28 of the Moses Lake Municipal Code entitled "Noise Control".
The frequent, repetitive, or continuous sound made by any secured, unsecured, or
deteriorated membrane or sheet metal, being moved by the wind or other source, which
unreasonably interferes with the peace, comfort and repose of adj acent property owners or
possessors.
Dumping, throwing, placing, leaving or causing or permitting to be dumped, thrown, placed
or left, any filth, paper, cans, glass, rubbish, trash garbage, grass trimmings, shrub trimming,
and shrubbery of any kind, in or upon any street, alley, sidewalk, ditch, or public or private
property of another in the city.
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:
1. Any putrid, unhealthy or unwholesome bones, meat, hides, skins, or whole or any
part of any dead animal, fish or fowl, or waste parts of fish, vegetable or animal
Exhibit 1
Page 1 of 4
matter in any quantity; but nothing herein shall prevent the temporary retention of
waste in approved covered receptacles.
2. Any privies, vaults, cesspools, sumps, pits or like places which are not securely
protected from flies and rats, or which are foul or malodorous.
3. Any filthy, littered ortrash-covered dwellings, cellars, house yards, barnyards, stable
yards, factory yards, vacant areas in the rear of stores, vacant lots, houses, buildings
or premises.
4. Any animal manure in any quantity which is not securely protected from flies or
weather conditions, or which is kept or handled in violation of any ordinance of the
city.
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.
6. Any bottles, cans, glass, ashes, small pieces of scrap iron, wire, metal articles, bric-
a-brac, broken crockery, broken glass, broken plaster and all such trash, or
abandoned material, unless it is kept in approved covered bins or galvanized iron
receptacles.
7. Any trash, litter, rags, accumulations or empty barrels, boxes, crates, packing cases,
mattresses, bedding, excelsior, packing hay, straw or other packing material, lumber
not neatly piled, scrap iron, tin or other metal not neatly piled, or anything whatsoever
in which flies or rats may breed or multiply or which may be a fire hazard.
N. The permitting to remain outside any dwelling, building, or other structure, or within any
unoccupied or abandoned building , dwelling, or other structure, in a place accessible to
children, any abandoned, unattended, or discarded ice chest, refrigerator or other airtight
contained, which does not have the door, lid or other locking device removed.
0 . Any pit, hole, basin or excavation wh ich is unguarded or dangerous to life or has been
abandoned, or is no longer used for the purpose constructed, or is maintained contrary to
statutes, ordinances, or regulations.
P. Any well or storage tank permitted to remain on any public or private property without being
securely closed or barring any entrance or trap door thereto, or without filling or capping any
well.
Q. The repair or abandonment of any automobile, truck, or other motor vehicle of any kind upon
the public streets or alleys of the city.
R. The keeping or permitting the existence of any bees or other insects, reptiles, rodents, fowl,
or any other animals, domestic or wild, in any manner contrary to law, or which affect the
safety of the public.
S. The existence of any fence, other structure, or thing on private or public property abutting or
fronting upon any public street, sidewalk, or place, wh ich is sagging, leaning, fallen , decayed
or is otherwise dilapidated and creating an unsafe condition.
T. The existence of any vine, shrub, or plant growing on, around, or in front of any fire hydrant,
utility pole, utility box, or any other appliance or facility provided for fire protection, public or
private utility purposes in such a way as to obscure from view or impair access thereto.
Exhibit 1
Page 2 of 4
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.
V. The existence of any dead, diseased, infected, or dying tree, shrub, or other vegetation which
may pose a danger to vegetation, crops, property, or persons.
W. The existence of any accumulation of materials or objects in a location when the same
endangers property, safety or constitutes a fire hazard.
X. The depositing or burning or causing to be deposited or burned in any street, alley, sidewalk,
parkway or other public place which is open to travel, of any hay, straw, paper, wood, boards,
boxes, leaves, manure or other rubbish or material.
Y. The storage or keeping on any premises for more than thirty days of any used or unused
building materials as defined in Section 8.14.010 (F), whose retail cost new would exceed
one hundred dollars, without a special permit from the building official; provided, that nothing
herein shall:
1. Prohibit such storage without a permit when done in conjunction with a construction
project for which a building permit has been issued and which is being prosecuted
diligently to completion.
2. Prohibit such storage without a permit upon the premises of a bona fide lumber yard,
dealer in building materials or other commercial enterprise when the same is
permitted under the zoning ordinance and other applicable laws.
3. Make lawful any such storage or keeping when it is prohibited by other ordinances
or laws.
Z. The existence on any premises of any unused and abandoned trailer, house trailer, automo-
bile, boat or other vehicle or major parts thereof.
AA. The keeping or maintenance in any area on private property which is clearly visible from a
public street, sidewalk, park or other public area any accumulation, collection or untidy storage
of any of the following: old appliances or parts thereof; old iron, steel, aluminum or other
metal; inoperable vehicles, vehicle parts, machinery or equipment; mattresses, bedding,
clothing, rags or cloth; straw, packing materials, cardboard or paper, tin cans, wire, bottles,
glass, cans, barrels, bins, boxes, containers, ashes, plaster or cement; or wood. This
determination shall not apply to conditions completely enclosed within a building or fencing so
as not to be visible from public property.
BB. The keeping, permitting or harboring of any fowl, pigeons, rabbits, hoofed or cloven footed
animals, except for caged birds kept within a residence or business.
Exhibit 1
Page 3 of 4
CC. The depositing of any debris, vegetation, lawn clippings, lumber piles, wood piles, auto parts
or bodies, garbage and the like, or storing of any material of any kind, provided that in
residential zones that shall include garbage cans or refuse containers in the alleys of the city,
except on garbage pickup day.
DD. The existence of graffiti, which is defined as a defacing, damaging, or destructive inscription,
figure or design painted, drawn or the like, on the exterior of any building , fence, gate, or other
structures or on rocks, bridges, trees, or other real or personal property.
EE. The locating of automobiles, trucks, recreational vehicles, trailers, boats, or any other vehicles,
vessels, or the like for the purpose of advertising its sale on property located in any commercial
or industrial zone not owned by the seller.
FF. The permitting of any condition or situation where the soil has been disrupted , disturbed, or
destablized so as to allow blowing dust to exist.
GG. The existence on any premise any unsecured, unused, or abandoned building or structures.
HH . For any building the existence of any broken glass in windows or doors for more than thirty (30)
days.
II. Buildings or portions thereof that have faulty weather protection, such as openings in walls and
roofs. Faulty weather protection shall include temporary weather barriers, such as tarps,
plastic or similar material, left in place for more than thirty (30) days.
JJ. Any building which has a window, door, or other exterior opening closed by extrinsic devices
or some other manner, with material that has not been painted to match or compliment the
build ings exterior or remains boarded up for more than sixty (60) days.
KK. Any boarded up building that remains boarded up for more than ninety (90) days.
LL Permitting any violation of RCW 59.1 8.510 in any rental dwelling unit.
MM. Criminal street gangs and any pattern of criminal street gang activity are each declared to be
a public nuisance in violation of this chapter and other applicable code provisions, including
but not limited to the Uniform Code for the Abatement of Dangerous Buildings and State
Housing Code, subject to abatement through all available means. In addition thereto and
without limitation, any pattern of criminal street gang activity upon, and the presence and use
of property by, a criminal street gang, with the owner's knowledge or consent, constitutes a
public nuisance and grounds for revocation of any permit or license regulating or authorizing
the use of such property.
Exhibit 1
Page 4 of 4
CITY OF
MOSES LAKE
CITY OF MOSES LAKE
NOTICE OF VIOLATION AND ORDER TO CORRECT OR CEASE ACTIVITY
TO: Mark Janke
814 S Fairbanks Dr
Moses Lake, WA 98837
NOTICE OF VIOLATION
Provisions of the City of Moses Lake Code Violated:
Moses Lake Municipal Code 8.14.030U
Street Address of Violation:
814 S Fairbanks Dr, Moses Lake, WA 98837
Brief Legal Description of Property Where Violation Exists:
Lot 4 Block 8 Lakeview Terrace# 1 100887000
YOU ARE HEREBY ORDERED TO CORRECT OR CEASE THE ACTIVITY AS FOLLOWS:
Action Necessary to Correct Violation:
Grass and weeds must be cut down in these areas.
Time by Which Violation is to be Corrected or Activty Ceased
The City is requiring these corrections listed on this Notice and Order be accomplished by
Saturday,l\fay,23,2015
YOU ARE FURTHER NOTIFIED THAT THE MOSES LAKE CITY CODE PROVIDES FOR THE
FOLLOWING PENALTIES:
Exhibit 2
Page 1 of 2
City Manager 764-3701 ·City Attorney 764-3703 ·Community Development 764·3750 ·Finance 764-3717 ·Fire 765-2204
Municipal Services 764-3783 ·Municipal Court 764-3701 ·Parks & Recreation 764-3805 ·Police 764-3887 ·Fax 764-3739
401 S Balsam St .. P.O. Drawer 1579 ·Moses Lake, WA 98837-0244 · www.cityofml.com
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 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. [l.20.050(E)(l)].
2. If a penalty has been assessed pursuant to 1.20.050(E)(l), a Court shall assess that
penalty and any additional penalty the Court considers appropriate plus court costs and
attorney's fees.
YOU MAY APPEAL TIIlS 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 AFOREMENTIONED VIOLATION IS NOT
CORRECTED AS SPECIFIED HERIN THIS MA TIER WILL BE REFERRED TO THE CITY
ATTORNEY FOR CIVIL ENFORCEMENT BY INJUNCTION OR OTHER APROPRIATE ACTION.
Dated this Wednesday, May 13. 2015
Brett Hollen
Code Enforcement
City of Moses Lake
509-764-3748
Exhibit 2
Page 2 of 2
f ~ -
j ---
June, 02, 2015
Mark Janke
814 S Fairbanks Dr
Moses Lake, WA 98837
C ITY O F
MOSES LAKE
Re: Hearing to Permit City Abatement of Nuisance
Property located at: 814 S Fairbanks Dr, Parcel 100887000, Moses Lake, WA 98837
Via Regular Mail and Return Receipt Mail
Mark Janke
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 4 Block 8 Lakeview Terrace# 1.
This property is located at: 814 S Fairbanks Dr, Parcel 100887000, Moses Lake, WA 98837
On Wednesday, May 13, 2015 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 June 02, 2015, the
nuisance located on the subject property has not been corrected or removed.
Pursuant to Moses Lake Municipal Code (.MLMC) 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, June 23, 2015 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 that 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
IMPORT ANT 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,
~·
Code Enforcement Officer
cc: City Manager
City Attorney
Community Development Director
Exhibit 4
City Manager 764·3701 ·City Attorney 764·3703 ·Community Development 764-3750 ·Finance 764·3717 ·Fire 765-2204
Municipal Services 764-3783 -Municipal Court 764-3701 ·Parks & Recreation 764-3805 ·Police 764-3887 ·Fax 764-3739
401 S Balsam St .. P.O. Drawer 1579 ·Moses Lake, WA 98837-0244 · www.cityofml.com
J t \
June 18, 2015
Honorable Mayor and
Moses Lake City Council
Dear Council Members
CITY O F
MOSES LAKE
Attached is a letter from Paul Klingeman on behalf of Vern's Meats requesting permission
to use cargo containers as part of the Vern's Meats business. Mr. Klingeman feels that the
use of cargo containers would help clean up the subject site. Vern's Meats Is located in
a residential zone and the use of cargo containers is prohibited in that zoning district.
Currently Vern's Meats is operating under a non-conforming use permit and has been
doing so since 1981 . This permit is reviewed regularly for compliance with conditions set
forth to allow their continuation. Currently the conditions of the non-conforming use permit
do not include provisions for the use of cargo containers.
A change to the zoning code is the only method that would allow the placement and use
of cargo containers in the residential zones. Council direction is requested on the use of
cargo containers for Vern's Meats.
Respe~bmitted
Gilbert Alvarado
Interim City Manager
GA:jt
City Manager 764-3701 ·City Attorney 764-3703 ·Community Development 764-3750 . Finance 764-3717 . Fire 765-2204
Municipal Services 764-3783 ·Municipal Court 764-3701 ·Parks & Recreation 764-3805 . Police 764-3887 . Fax 764-3739
401 S Balsam St .. P.O. Drawer 1579 .Moses Lake, WA 98837-0244 .www.cityofml.com
Pure Country Harvest LLC
Paul Klingeman
2721 W. Peninsula Dr
PO BOX 1218
Moses Lake, WA 98837
City Council of Moses Lake
Moses Lake, WA 98837
Dear Gilbert Alvarado and City Council,
May 14, 2015
Hello, my name is Paul Klingeman and I recently purchased Vern's Meats of Moses Lake.
We are operating under a conditional use permit for our business Pure Country Harvest LLC.
Vern's Meats was built outside of city limits many years ago, the city of Moses Lake has grown
around the property-and it is now zoned residential.
We are in the process of cleaning up the property and would like to put down a cement slab
and ask the city council to allow us to install storage containers. By allowing this request we
will be able to get rid of several old trailers and vehicles that are currently being used as storage
and it will dramatically improve the look of the property.
~· PaulK~~
Pure Country Harvest LLC
509.989.1347
RECEIVED
COMMUN/TY DEVELOPMENT
.JUN 11 ?015
PLANNING AND BUILDING
CITY OF MOSES LAKE
Sections:
18. 76.010 Purpose
CHAPTER 18.76
CARGO CONTAINERS
18. 76.020 Submittal Requirements
18. 76 .030 Minimum Conditions
18. 76 .040 Additional Conditions for Permanent Containers
18.76.050 Additional Conditions for Temporary Containers
CITY OF MOSES LAKE
MUNICIPAL CODE
18.76.010 Purpose: The purpose of this chapter is to establish minimum standards for the placement of
cargo containers as storage facilities in those zones where they are allowed by conditional use
permit. (Ord. 2144, 12/9/03)
18.76.020 Submittal Requirements: The following shall be submitted along with an application for a
conditional use permit for container placement:
A. A site plan to a standard scale, showing:
1. The location and dimensions of the container(s) and the building to which it is appurtenant.
2. The access to the building and the containers.
B. A statement of what will be stored in the container(s), for review by the Fire Marshal. (Ord.
2144, 12/9/03)
18. 76.030 Minimum Conditions: Where a conditional use permit has been granted for use of cargo
containers as permanent or temporary storage facilities, the following minimum conditions shall
be met:
A. The cargo containers shall be used as an appurtenance to the primary use, such primary use
being situated in an enclosed adjoining building.
B. The cargo containers shall be placed on a level concrete or asphalt surface at all times.
C. The cargo containers shall not be stacked.
D. A fire apparatus access road shall be provided to both the containers and to the building the
containers are appurtenant to. Fire apparatus access roads shall be a minimum of twenty feet
(20') wide with thirteen feet six inches (13'6") vertical clearance, shall be hard surfaced, and
shall provide access to within one hundred fifty feet (150') of any portion of the container(s).
Access roads shall be either looped or provided with an approved turn around as specified in
Moses Lake Municipal Code Chapter 16.36
E. The cargo containers shall not be visible to the motoring public or from residential
neighborhoods immediately adjacent to the property where it is located unless other measures
approved by the Planning Commission are employed to mitigate the visual impacts of the
containers. However, the Planning Commission does not need to require mitigation measures
if it determines that the motoring public or adjacent residential neighborhoods are not
impacted.
F. The cargo containers shall abide by all set back requirements applicable to the zone in which
they are located.
G. The recipient of the conditional use permit is the only party allowed to use the container(s).
181 (12/03)
CITY OF MOSES LAKE MUNICIPAL CODE
CHAPTER 18.76 -CARGO CONTAINERS
H. A container placement permit is required for each container. The permit shall be obtained
from the Building Official prior to the arrival of the container on the site. The fee for the
container placement perm it shall be as specified in MLMC 3.54. The placement permit and
fee is required each year for temporary containers. (Ord. 2144, 12/9/03)
18. 76.040 Additional Conditions for Permanent Containers:
A. The cargo containers shall be painted so as to blend in with the building to which they are
associated.
B. The cargo containers shall have a maximum allowable square footage of container storage
area not to exceed five percent (5%) of the gross floor area of the building with which the
container(s) is associated. In no event shall the number of permanent containers allowed as
appurtenant storage facilities exceed three (3) in number.
C. A cargo container shall not remain on site if the use it is appurtenant to is abandoned or
changes use, unless a separate conditional use permit is granted. (Ord. 2144, 12/9/03)
18. 76.050 Additional Conditions for Temporary Containers:
A. The cargo containers shall have a maximum allowable square footage of container storage
area not to exceed five percent (5%) of the gross floor area of the building with which the
container(s) is associated. In no event shall the number of temporary containers allowed as
appurtenant storage facilities exceed fifteen (15) in number.
B. If more than five (5) containers are proposed for a site, an inventory statement must be
provided to the Fire Department in order to determine if the site has adequate fire flow to
support the storage configuration.
C. The use of temporary storage containers shall not exceed ninety (90) consecutive days and
shall be allowed only once in every twelve ( 12) month period. The applicant shall specify the
placement dates in the application for the placement permit.
D. Cargo containers not removed by the end of the ninety (90) day period may be issued a civil
infraction notice for each day over the allowed ninety (90) days that the container remains on
site.
E. A significant change to any circumstances of container placement from one (1) year to the
next, including an increase in the number of containers, or a different placement location,
requires a new conditional use permit. (Ord. 2144, 12/9/03)
182 ( 12/03)
June 17, 2015
Honorable Mayor and
Moses Lake City Council
DearCouncilMembera
CITY OF
MOSES LAKE
Mitch and Marilyn Molitor submitted a building permit application for the Suncrest Resort
Major Plat located at 303 Hansen Road, which is a legally platted parcel. At the time the
property was platted , the development did not require municipal improvements that are
now required with current plats. Municipal improvements could include the extension or
provision of City water, sewer, storm sewer, curb, sidewalks, street or other provisions.
Since the legally platted parcel does not meet our current municipal improvements
standards, it falls under the provisions of MLMC 16.02.110, Platting Deemed Insufficient.
See attached.
A building permit cannot be issued for this property unless the property is brought into
conformance with the standards of our current plat improvements or the City Council grants
a waiver, deferral, or deviation from the requirements to install the deficient plat
improvements. The applicant has chosen to request a deferral from the requirement to
install improvements pursuant to MLMC 16.02.110 B.
The City Council has considered requests in the past for building permits for parcels that
fall under the provisions of MLMC 16.02.110. The provisions of MLMC 16.02.11 O(B) were
considered in the granting of such requests. If the Council is inclined to grant the request,
staff would recommend that a Covenant securing future municipal improvements be
required
Respe~itted
Gilbert Alvarado
Interim City Manager
GA:jt
City Manager 764-3701 ·City Attorney 764-3703 ·Community Development 764-3750 ·Finance 764-3717 ·Fire 765-2204
Municipal Services 764-3 783 ·Municipal Court 764-3 701 · Parks & Recreation 764-3805 ·Police 764-388 7 ·Fax 764-3 739
401 S Balsam St .. P.O. Drawer 1579 . Moses Lake, WA 98837-0244 . www.cityofml.com
June 11, 2015
City of Moses Lake
Moses Lake, WA 98837
Dear City Council:
Thank you for taking the time to help me obtain a building permit on 303 Hanson Road.
I am an owner of Suncrest RV on 303 Hanson Road, and to obtain a building permit, according to
municipal code 16.02.110, we need to ask for your approval due to the property having "Platting
Deemed Insufficient".
This property is in the city limits and has city utilities, city water, city sewer, and has had several building
permits issued, inspected, and issued for the property. I am asking for a waiver for building the city
sidewalks, curb and gutters as stated in section B of 16.02.110.
Reasons for requesting a waiver of this condition.
In the code section B it states "a waiver, deferral, or deviation from or the requirement to install
improvements shall not be granted unless the City Council finds that because of the nature of the
property, it topography, the conditions for nature of the adjoining areas or the existence of unusual
physical conditions, the requirement would cause a unusual and unnecessary hardship on the property
owner.
1) The location of this property is such that there is no other city sidewalk within a mile of the site. This
is a "unusual physical condition" There are no sidewalks or gutters anywhere on Hanson Road, or any
road close to this project.
2) The nature of this property is an RV Park, this park has been in use for over 20 years. The park has
maintained landscaping along Hanson Road and has provided and maintains an area where N's, and
other vehicles including the mail truck can pull over and safely get out of the traffic on Hanson Road.
The city was involved in all of this and approved all of these improvements without city sidewalks and
gutters.
3) There would also be financial hardships on the property owner because it would add a large
expense for an area where the sidewalks would have nothing to connect to.
I am very thankful for the city council and all the time they put into keeping our city moving forward, this
is a small addition to an existing business.
Thank you for your time:
If you have any questions, please call (509) 771-0456. RECElVED _ .
JITY OF' 1'-! (;P~·.h-N1 COMfV1UI' I ~~:/1rely,1 J _.../ / / __ _
JI( I ~ 11:; I_ .v
Mitch and Marilyn Molitor
4101 West Peninsula Drive,
Moses Lake, WA 98837
JlJN 1 6 2m':i
PLANNING Ahl~_ l'
CITY OF M O~)~· -
)
RESORT PLAT SU~CREST
MAJOR PLAT. BINDING SITE PLAN
A PORTION OF SECTION 30, TOWNSHIP 19 NORTH, RANGE 28 EAST, W.M.
SUR V EYO R 'S DECLARATI ON
I H£REBY DECLARE tt'lot lhl.s binding .site p ion Is o troe and correct repre.sontollon of th• lands octual ly .sur"veyed.
I HEREBY DECLARE that thl.s bindi ng .site pion of SUNCREST RESORT PLAT. the heretofore described tract of l and, I s be.sod upon on actual sul"voy and
that al I the dlstonceo ond courses shown thereon ore correct to t he best of my knowledge, Information , and bollof: and that I hove ful ly col'l'lplled •Ith the provl.slon.s of tho .slot te.s and p lottlnQ requlot lon.s.
AUDITOR'S
7~.o..,,d,~ ...... .
Frederick C. Skinner, P.E./P.L.$.
Washington Land Surveyor No. 12i91
WESTERN PACIFIC ENGIN€£RtNO, INC.
Pioneer Woy Profos.slonal Center
1326 Hunter PI ace
-..O.ses Lake, WA . 96637
CERTIFICATE
Fl led for record ot the roquo•t of tho Cl ty o1 Moso.s Loko this ~?.'¥1,. day
of .. ;:JUl\e-. ................. , 1992.Tn Volume .J!-1 .. of Plata, on Pogo(.s)
.. z~, }~ .... ~( ............. record• ~?.)~ ::t.. t/.4Mt!#. ..... Grant County Audi tor ...... "ti.
100 50 0 100 200 300
SCALB IN Ji'lll!T
Noll with woshor monument
set for tho aectron corner from information derived on Popul~r Sands 1 plot.
S J6•40' 17" E
0.74'
W.S.0.0.T. case with straddles found. No monument found.
I Elev. 1051.78
I :l:
1051.4
wpe
ZONING AT TIME OF PIATIING -S2 (S1.1burbcm -Grant Co.)
ZONING AT TIME
Of" PLATTING -C2 (Commercial
and BusirieH Zono)
10. 744 Ac.,
More or Less
Wosher ond Noil Set in
s s9•s2·09"
37.00'
UNZONEO
lop of post. t. 1-90 (Stole highway wltn
See Noto 5.
3:
0 ..,
0., n ? '° 0 0 0 • z
0 0
No mQf"lument
en 0 .
0 0
VJ
i l
VJ ZONING AT TIME
OF PLATTING -R2 (Sin9le Family ond Two Family Resldentlal Zone)
Nome-Delta
Cl 07.19'27"
C2 32• 1s• 33"
C3 2:s•17'30"
C4 39•3e·oo" cs 39•3~'3!5"
1 State Hi9hwoy right-of-way)
'i.P.O T. Station
1970+14.00' 7
IN 89'42' 00" El .§ 69°52'09" E 5.66' _ S 6~'52'09" E
--N-00-,-0-7' 55" E 18~5-.9-8-,-------
672.56'
-----------------~
LEGEND
e 5/8 -Inch Iron pin with eurveyor' :t
cop marked "LS 1 2491" monument set
$ U.S. Bureau of Reclamation brass
cop monument found
( ) Previously recotded U.S. Bureau of
Reclomotlon data
0 Coleu!oted point only -no monument •••
£ Ceoterline
..
-:.''
R/W Right of Way
8 f"ound 5/8" Iron pin with eurvoyor-' s cop
marked "17660': in monument coee
.& Found monument case with no
monument -Used found straddle•
t J Previously recorded Information from
various W.S.0.0.T. ri9ht-of-woy plane
4 f"OtJnd P.K. nail
8 Hail embedded In concrete in 2" pipe
monument found in monument case
N 0 TES: ,,
2,
3, .,
5,
f ound 2•• p lpo wl th tock In grout monument Jn monutftent co.se 32.00' Lt. of .station 1919+t0.97
C32.00' Lt . of centort lne station 1919+40.00J,
Found tnonument co.so wl thout monu1nent. Found
center of monument case 31.+' Lt. of center-l ine 3\ollon 19:57•62.:5:5 C32.00' Lt. of .station 1957+62. iO) 516 -Inch lr"on pin with sur veyor 's cop marked "LS 12_.9 I" monument .sot Monumented boael l ne f or Burke Jc t . to Mo.se.s
Lake portion of lntor5tato 90.
Monumented center I lne for Mo.sos Lake 'I'. U/L to Jc t . SR 1J por"tlon of lnter·.stoto 90.
VICINITY MAP
NOT TO SCALE
Rodi us Leno th Bearing Chord Tangent
905.00
9l5.00
99S.OO
955.00
95~.oo
'1!5.69 N 03•+7'01" E 115.81 !57.92 !515.69 N 23•3e•o1" E 509.16 265.0S
404. 49 N 2a•oe• 32" E 401 . 71 205.07
660.60 N 19·~6' 17" E 847.!51 3.+4-.13
6S9.93 N 19•!H'30" E 848.88 343. 78
INSTRUlCINT US&D INDKXIMC DATA
Bewlet.t. Packard 3620A
Blectronle Tot.al St.aUoo [ +/-2 Secood Tboodollt.e
""d +/-(O.Ol&' + 5 ppm)
E:lectronlo Di•t&oee Ket.er] 530 TlUN R28B
WESTERN PACIFIC ENCINEERINC, INC.
llOSBS UD, BU.BNSBURG, WASBINGTON
Pioneer 'Jfq ProfeHional Center
1328 Bunter Place (609)7 155-1023 M.oeH i..ke. lraah.
SUNCREST RV RESORT
A Portion of the SE 1/4 of Section 30.
Township 19 North, Range 28 East, 11'.M .
B inding Site P l an
Grant County Waahin.ion
SW'Teyed by BIS
Drawn by e .. p/ GM
Scale ,1" = 100'
Sheet 1 of 3
IN 0+00.00 P.0.T. 281 930 Checked by FCS
Dat.o 10-91 Date 10-91
Date 10-91 Project No. 45591
16. 02.110 Platting Deemed Insufficient -When:
CITY OF MOSES LAKE MUNICIPAL CODE
CHAPTER 16.02 -BUILDING PERMITS
A. Property located within the city which is presently platted and which property was platted
without the extension or provision of city water, city sewer, storm sewer, curb, sidewalk, streets
or other improvements through some or all of the lots of the plat shall be deemed to be
unplatted for purposes of the issuance of any development permit or building permit. Any lot
so affected shall be permitted to develop and a building permit will be issued upon the
installation of city water, city sewer, storm drains, curbs, sidewalks, streets, and other
improvements to community standards, including fire protection devices, or upon the posting
of security in an amount approved by the city, which is equal to the estimated cost of the
extensions and/or improvements remaining to be installed through the lot, in a form acceptable
to the City Attorney to insure the construction of the required improvements and extensions
at the same time as construction of the building for which the building permit was issued or at
the time of the improvement of the affected lot.
B. Any property owner can make application to the City Council for a waiver, deferral, or deviation
from or of the requirement to install improvements. A waiver, deferral, or deviation from or of
the requirement to install improvements shall not be granted unless the City Council finds that
because of the nature of the property, its topography, the conditions or nature of the adjoining
areas or the existence of unusual physical conditions, the requirement to install improvements
would cause an unusual and unnecessary hardship on the property owner. In granting a
waiver, deferral or deviation from or of the requirements to install improvements, the City
Council may require such conditions as will secure the objectives of the requirement waived,
deferred, or deviated from or of. Any waiver, deferral, or deviation authorized shall be entered
in the minutes of the Moses Lake City Council together with the circumstances that justify the
waiver, deferral, or deviation granted. (Ord. 2564, 6/22/1 O; Ord. 2391 , 5/13/08)
9 -11 (6/10)
June 15, 2015
TO:
FROM: Finance Director
SUBJECT: Ambulance Cash Report for
Please find the attached Cash Ambulance Report for the month ending May 31, 2015.
Cc: Fire Chief
AMBULANCE CASH OPERATION
difference
201S from Prior yr
JAN FEB MAR APR MAY Y-T-D prior yr comparison
REVENUE
Collected on ALS/BLS/mileage 102,4Sl 92,23S 108,00S 99,401 103,134 $ SOS,22S (21,383) S26,609
prior adjustments
Utility charge 104,846 91,461 90,921 lOS,378 101,416 494,023 112,003 382,020
State grant -Stay at work 1,341 1,341 (309) 1,6SO
State grant -EMS (1,473) 1,473
Reimbursement from police 2,200 1,100 3,300 3,2SS 4S
Reimbursement from fire Sl,243 24,90S 31,224 107,372 62,614 44,7S8
Emergency Aid fees
Other Fees -MRI 4,800 3,800 8,600 S,400 3,200
misc (278) 278
cash from operations 263,341 208,601 230,lSO 210,779 206,991 $ 1,119,861 159,828 960,033
EXPENDITURE
labor 140,432 88,993 86,800 96,110 94,989 $ S07,324 (Sl,S20) SS8,844
benefits 42,391 S7,929 37,770 33,998 35,930 208,018 972 207,046
supplies 171 7,378 3,711 7,07S 3,232 21,S67 (3,450) 25,017
Prof. services/repairs 26,llS 17,40S 46,034 40,486 16,078 146,119 18,813 127,306
transfers (previously 09xx) 32,S40 32,S46 32,S46 32,S46 32,S46 162,724 (6,S46) 169,270
capital purchases -35,920 3S,920 3S,920
interest 510 SlO (SOS) 1,0lS
total expenditures 241,648 204,2Sl 206,860 210,726 218,69S $ 1,082,181 (6,316) 1,088,497
Net income (loss) before contrib. 21,692 4,3SO 23,290 S3 (11,704) 37,680 166,14S (128,464)
contribution from general fund 0.0 0.0 0.0 0.0 0.0 (114,908) 114,908
net income (loss) 21,692 4,3SO 23,290 S3 (11,704) $ 37,680 Sl,237 (13,S56)
Cash position
normal account S9,736 74,71S 111,S19 92,912 36,S94 148,482
reconcile to deposit 77,993 93,986 91,69S 108,124 104,0S8 146,S23
total cash 137,729 168,700 203,214 201,036 140,6S2 (1S4,353) 295,00S
change in cash from prior mnth (lS,779) 30,971 34,S14 (2,178) (60,384) (12,8SS. 73)
lnterfund Loan balance 400,S91 400,591 400,S91 349,S91 349,S91 x -
due 2015 266,017 266,017 266,017 21S,017 21S,017
SAAS ($3.30, avg $700) 1,474 1,440
billed ($21.50, avg $4,400) 232 208 226 666 1,346 1,301
June 18, 2015
TO: City Manager
FROM: Utility Service Supervisor
SUBJECT: Investment Report ~
Attached is the Investment Report for the month of May, 2015 .
cc: Finance Director
Investment Report
May 2015
Investment Investment Amount Interest Purchase Maturity Interest
With Type Rate Date Date Earned
Investments Outstanding
Total Outstanding:
Investment Maturities
Grant County Invest Pool Invest Acct 11,295,061.63 1.68 05/01/2015 05/31/2015 16,094.95
Wa. State Invest Pool Invest Acct 2, 183,011 .57 0.14 05/01/2015 05/31/2015 216.36
Total Maturities: 13,478,073.20
Investment Purchases
Grant County Invest Pool Invest Acct 11 ,311 ,156.58
Wa. State Invest Pool Invest Acct 1,504,210.80
Total Purchases: 12,815,367.38
Investment Totals
Beginning Balance* 13,478,073.20
Total Maturities 13,478,073.20
Total Purchases 12,815,367.38
Endino Balance * 12,815,367.38 I Monthlv Interest Earned 16,311.31
* Beginning Balance =Total Outstanding+ Total Maturities
*Ending Balance= Beginning Balance -Total Maturities+ Total Purchases
June182015
Honorable Mayor and
Moses Lake City Council
Dear Council Members
CITY OF
MOSES LAKE
Attached is sales tax information for March 2015 sales which the City received on May 31 ,
2015. This report indicates the City received $471,251 .00. The $471,251.00 in receipts
for March compares with March 2014 receipts of $476,064.44.
For the year, the 2015 receipts are approximately 5.03% lower than the 2014 receipts for
the same period.
Also provided is the transient rental income report for income the City received on May 31,
2015. This report indicates May 31, 2015 income (for March sales) of $37, 172.22. This
compares with $34 ,621 .22 for the same period in 2014.
For the year, transient rental income receipts are approximately 8% higher than the 2014
receipts for the same period.
RespectUf tted
Gilbert Alvarado
Interim City Manager
GA:jt
City Manager 764-3701 ·City Attorney 764-3703 ·Community Development 764-3750 ·Finance 764-3717 ·Fire 765-2204
Municipal Services 764-3 783 . Municipal Court 764-3 701 . Parks & Recreation 764-3805 ·Police 764-3887 . Fax 764-3 739
401 S Balsam St .. P.O. Drawer 1579 . Moses Lake, WA 98837-0244 · www.cityofml.com
Sales Tax Receipts -Monthly
Month Sales YTD
Received Period 2011 2012 2013 2014 2015 Change
Jan Nov 367,830.83 403,504.15 401 ,499.05 430,110.34 437,747.56 1.78%
Feb Dec 488,453.72 459,218.16 491 ,341.62 537,941.54 499,833.67 -3.15%
Mar Jan 324,247.20 331,644.01 373,707.66 443,309.81 397,122.95 -5.43%
Apr Feb 368,305.65 350,818.56 364,137.97 402,265.84 368,481.78 -6.09%
May Mar 456,738.86 405,657.25 475,345.89 476,064.44 471 ,251 .00 -5.03%
June Apr 439,396.45 399,414.06 437,909.92 475,371.67
July May 431 ,750.56 419,629.64 478,822.77 454,949.89
Aug June 453,961 .67 432,420.11 460,309.61 512,038.78
Sept July 411 ,796.14 407,813.31 457,908.37 510,845.79
Oct Aug 446,905.90 455, 185.85 511,513.84 475,742.68
Nov Sept 411 ,689.43 422, 198.39 465,603.85 493,879.14
Dec Oct 406,648.97 424,167.87 441 ,278.01 437,266.10
Totals 5,007,725.38 4,911,671.36 5,359,378.56 5,649,786.02 2, 17 4,436. 96
TRANSIENT RENTAL INCOME -MONTHLY TOTAL RECEIVED
MONTH SALES YTD
RECEIVED PERIOD 2012 2013 2014 2015 Chanae
JAN NOV 25,073.90 37,239.62 33,221.58 45,363.54 37%
FEB DEC 26,277.18 19, 145.26 28,737.22 22,720.18 10%
MAR JAN 28,091 .94 32,692.16 26,058.10 29,287.72 11%
APRIL FEB 22,286.68 22,967.86 31,468.50 32,320.66 9%
MAY MAR 25,787.06 36,755.64 34,621.22 37,172.22 8%
JUNE APRIL 35,334.86 38,830.04 41,151.98
JULY MAY 45,674.12 64,910.04 53,058.98
AUGUST JUNE 55,497.56 49,135.32 70,246.58
SEPT JULY 53,987.68 62,363.32 67,348.68
OCT AUGUST 57, 117.62 68,846.76 63,268.00
NOV SEPT 46,866.78 57,668.74 56,268.68
DEC OCT 34,675.70 41,957.82 39,460.80
TOTALS 456 671 .08 532 512.58 544 910.32 166 864.32