09222015 Part 2September 17, 2015
Honorable Mayor and
Moses Lake City Council
Dear Council Members
CITY OF
MOSES LAKE
Attached is an ordinance creating Chapter 5.32 of the Moses Lake Municipal Code entitled
"Yard Sales and Garage Sales". This ordinance establishes regulations for yard and
garage sales.
The ordinance is presented for Council consideration. This is the first read ing of the
ord inance.
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 · vvww.cityofml.com
ORDINANCE NO.
AN ORDINANCE CREATING CHAPTER 5.32 OF THE MOSES LAKE MUNICIPAL CODE
ENTITLED "YARD SALES AND GARAGE SALES"
THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON DO ORDAIN AS FOLLOWS:
Section 1. A new Chapter 5.32 of the Moses Lake Municipal code entitled "Yard Sales and Garage Sales"
is adopted as follows
5.32.010 Definitions:
A. "Person" means any individual, household, group, family, entity or association.
B. "Secondhand dealer" means any person or group who conducts a sale of tangible items of
used personal property accumulated or acquired from others for the purpose of resale, and
who is not a pawn broker or junk dealer licensed by the City. Regardless of the location of the
sales, any person or group who conducts sales more frequently than described in Section
5.32.040 shall be deemed to be a secondhand dealer engaged in business for the purposes
of this chapter.
C. "Sign" means an advertisement for the purpose of attracting public attention or patronage to
a yard sale.
D. "Yard sale" shall mean any sale of used household goods or other items of tangible personal
property including, but not limited to, all sales entitled "garage," "lawn," "porch," "flea market",
"estate", "rummage" or "moving" sale and held on the front or back lawn of a house, out of a
garage, or on a vacant lot or on other property within the City.
5.32.020 Restrictions Upon Advertising Yard Sales:
A. It shall be unlawful for any person who conducts a yard sale to advertise such sale by posting,
placing or in any manner displaying a sign on any utility pole or within any public right-of-way
(street or sidewalk) or on any traffic sign or water hydrant or upon property owned by the City.
B. Signs must be freestanding (A-frame, sandwich board, etc.). and may not be affixed to any
public structures, utility poles, traffic control devices or trees, and may not obstruct vehicular
or pedestrian movement or visibility, or pose a safety hazard. Signs posted on private property
must have the owner's permission. Yard sale signs shall not be posted more than forty-eight
( 48) hours prior to the time of the sale and shall be removed within six (6) hours after the close
of the sale.
C. Signs displayed in violation of these regulations may be confiscated by the City of Moses Lake,
and/or the person responsible for the violation may be cited .
5.32.030 Permit Required: No yard sale may be conducted without a valid permit previously issued by the
City. No permit may be issued except after written application has been submitted to the City,
which shall include the true name of the applicant and the date(s) and proposed location of the
sale. No fee shall be charged for the application or the permit. All permi ts shall be issued in writing
on a form that includes a notice that signs advertising the sale shall not be attached to any utility
pole or placed within any public right-of-way (street or sidewalk), or on any traffic sign or water
hydrant, and that all such signs must be removed within six (6) hours after the last day of the
permitted sale. The permit shall also give notice of the maximum penalty for each violation of the
yard sale ordinances set forth in this chapter. A copy of this chapter shall be attached to each
permit. Said permit must be conspicuously displayed at the sale site at all times during the sale.
All permits shall be nontransferable .
5.32.040 Restrictions on Yard Sales:
A No person or parcel shall conduct more than three (3) yard sales each calendar year. No such
sale shall last more than three (3) successive days, and each yard sale shall be held at least
thirty (30) days apart. No such sale shall commence sooner than 8:00 a.m. or terminate later
than 8:00 p.m. each day of the sale.
B. Yard sales permitted by this chapter shall be conducted in an orderly manner and shall not
constitute a public nuisance or hazard to persons or property. All debris from any yard sale
must be removed from any public property or right-of-way immediately following the sale.
C. All merchandise offered for sale at a yard sale shall be arranged so that fire, police, health or
other officials may have access for inspection at all times during the sale.
D. No individual or group shall engage in business as a secondhand dealer in the City unless that
individual is the holder of a valid and current license issued by the City. All sales by
secondhand dealers must take place on properly zoned property.
E. Goods or merchandise offered for sale at such sales must consist of goods or merchandise
owned by the individual(s) conducting the sales, and shall be of a type and quantity usually
found within a residential setting. No goods or merchandise may be brought to and/or sold
from the site of such sales which have been purchased or acquired from another source for
the purpose of resale at the site of such sales event. Conducting business as a secondhand
dealer for the resale of new or used goods or merchandise on a residential premises is a
violation of this chapter. All goods or merchandise shall not be visible from the street forty-eight
(48) hours after the end of the sale. Goods displayed at any such sale shall not be displayed
in the public right-of-way.
5.32.050 Violation -Penalty:
A. Failure to perform any act required by this chapter, or the performance of any act prohibited
by this chapter, is designated as a civil infraction.
B. Any violation of this chapter shall be punishable as follows:
1. On the first offense, by a written warning, no fine shall be levied;
2. Upon second and subsequent offenses, by a fine not to exceed three hundred dollars
($300) for each offense.
3. Each day of violation hereof may be considered a separate offense.
Section 2. This ordinance shall take effect and be in force five (5) days after its passage and publication of
its summary as provided by law.
Adopted by the City Council and signed by its Mayor on
Dick Deane, Mayor
ATTEST:
W. Robert Taylor, Finance Director
APPROVED AS TO FORM:
Katherine L. Kenison, City Attorney
[]co py
ORD1NANCE NO. 2015 -
AN ORDINANCE ADOPTING A NEW CHAPTER 5.32 OF THE
MATTAWA MUNICIPAL CODE TITLED "YARD SALES AND GARAGE
SALES"
THE CITY COUNCIL OF THE CITY OF MATTA WA, WASHINGTON DO ORDAIN AS
FOLLOWS:
Section 1. A new Chapter 5.32 of the Mattawa Municipal code titled "Yard Sales and
Garage Sales" is adopted as follows
Chapter 5.32
YARD SALES AND GARAGE SALES
Sections:
5.32.010 Definitions.
5.32.020 Restrictions upon advertising yard sales.
5.32.030 Permit required.
5.32.040 Restrictions yard sales.
5.32.050 Violation -Penalty.
5.32.010 Definitions.
"Person" means any individual, household, group, family, entity or association.
"Secondhand dealer" means any person or group who conducts a sale of tangible items of used
personal property accumulated or acquired from others for the purpose of resale, and who is not a
pawn broker or junk dealer licensed by the town. Regardless of the location of the sales, any
person or group who conducts sales more frequently than described in Section 5.32.040 shall be
deemed to be a secondhand dealer engaged in business for the purposes of this chapter.
"Sign" means an advertisement for the purpose of attracting public attention or patronage to a
yard sale.
"Yard sale" shall mean any sale of used household goods or other items of tangible personal
property including, but not limited to, all sales entitled "garage," "lawn," "porch," "flea market",
"estate'', "rummage" or "moving" sale and held on the front or back lawn of a house, out of a
garage, or on a vacant lot or on other property within the city.
5.32.020 Restrictions upon advertising yard sales.
A. It shall be unlawful for any person who conducts a yard sale to advertise such sale by posting,
placing or in any manner displaying a sign on any utility pole or within any public right-of-way
(street or sidewalk) or on any traffic sign or water hydrant or upon property owned by the city.
B. Signs must be freestanding (A-frame, sandwich board, etc.), and may not be affixed to any
public structures, utility poles, traffic control devices or trees, and may not obstruct vehicular or
pedestrian movement or visibility, or pose a safety hazard. Signs posted on private property must
have the owner's permission. Yard sale signs shall not be posted more than 48 hours prior to the
time of the sale and shall be removed within six hours after the close of the sale.
C. Signs displayed in violation of these regulations may be confiscated by the city of Mattawa,
and/or the person responsible for the violation may be cited.
5.32.030 Permit reguired.
No yard sale may be conducted without a valid permit previously issued by the city. No permit
may be issued except after written application has been submitted to the city, which shall include
the true name of the applicant and the date(s) and proposed location of the sale. No fee shall be
charged for the application or the permit. All permits shall be issued in ·writing on a form that
includes, in English and in Spanish, a notice that signs advertising the sale shall not be attached
to any utility pole or placed within any public right-of-way (street or sidewalk), or on any traffic
sign or water hydrant, and that all such signs must be removed within 6 hours after the last day of
the permitted sale. The permit shall also give notice of the maximum penalty for each violation
of the yard sale ordinances set forth in this chapter. A copy of this chapter shall be attached to
each permit. Said permit must be conspicuously displayed at the sale site at all times during the
sale. All permits shall be nontransferable .
5.32.040 Restrictions on yard sales.
No person or parcel shall conduct more than three yard sales each calendar year. No such sale
shall last more than three successive days, and each yard sale shall be held at least thirty days
apart. No such sale shall commence sooner than 8:00 a.m. or terminate later than 8:00 p.m. each
day of the sale.
Yard sales permitted by this chapter shall be conducted in an orderly manner and shall not
constitute a public nuisance or hazard to persons or property. All debris from any yard sale must
be removed from any public property or right-of-way immediately following the sale.
All merchandise offered for sale at a yard sale shall be arranged so that fire, police, health or
other officials may have access for inspection at all times during the sale.
No individual or group shall engage in business as a secondhand dealer in the city unless that
individual is the holder of a valid and current license issued by the city. All sales by secondhand
dealers must take place on properly zoned property.
Goods or merchandise offered for sale at such sales must consist of goods or merchandise owned
by the individual(s) conducting the sales, and shall be of a type and quantity usually found within
a residential setting. No goods or merchandise may be brought to and/or sold from the site of
such sales which have been purchased or acquired from another source for the purpose of resale
at the site of such sales event. Conducting business as a secondhand dealer for the resale of new
or used goods or merchandise on a residential premises is a violation of this chapter. All goods or
merchandise shall not be visible from the street 48 hours after the end of the sale. Goods
displayed at any such sale shall not be displayed in the public right-of-way.
5.32.050 Violation -Penalty.
Failure to perform any act required by this chapter, or the performance of any act prohibited by
this chapter, is designated as a civil infraction.
Any violation of this chapter shall be punishable as follows:
(a) On the first offense, by a written warning, no fine shall be levied;
(b) Upon second and subsequent offenses, by a fine not to exceed three hundred dollars for
each offense.
( c) Each day of violation hereof may be considered a separate offense.
Section 2. This ordinance shall be in full force and effect five days after its passage and
publication as provided by law.
PASSED by the City Council of the City of Mattawa, Washington, this_ day of June,
20 15.
Scott Hyndman, Mayor
ATTEST:
Robin Newcomb, City Clerk
APPROVED AS TO FORM:
Katherine L. Kenison, City Attorney
PASSED the ___ day of _____ , 2015.
APPROVED the __ day of _____ , 2015.
PUBLISHED the __ day of ____ , 2015.
September 16, 2015
Honorable Mayor and
Moses Lake City Council
Dear Cou ncil Members
C I TY OF
MOSES LAKE
Attached for Council consideration is an ordinance which amends Chapter 18.57 of the
Moses Lake Municipal Code entitled "Landscaping". The proposed changes encourage
the use of drought tolerant plants and native and naturalized plant species as well as non-
living items.
The Planning Commission has recommended that the ordinance be adopted.
The ordinance is presented for Council consideration . This is the fi rst reading of the
ordinance.
Respectfully submitted
q ilbert Alvarado
ln~erim City Man.ager
City Manager 764·3701 · City Attorne) 764·3703 ·Community Development 764-3750 ·Finance 764·3 717 ·Fire 765·2204
Municipal Ser~ces 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
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 18.57 OF THE MOSES LAKE MUNICIPAL
CODE ENTITLED "LANDSCAPING"
THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON ORDAINS AS FOLLOWS:
Section 1. Chapter 18.57 of the Moses Lake Municipal Code entitled "Landscaping" is amended as follows:
18.57.030 General Requirements: All required landscaped areas shall comply with the following:
A Landscaping shall be vegetative and consist of combinations of trees, shrubs, and ground
cover. Non-living natural features may also be incorporated.
B. Required landscape plantings shall be suited to the climate, location, and physical conditions
of the site. The use of drought-tolerant species is encouraged to reduce irrigation and
maintenance demands. See MLMC 18.57.055 G Drought Tolerant Landscaping
C. All landscaped areas shall be graded to prevent erosion and to facilitate the installation,
growth, and maintenance of the landscaping. All turf areas located in public right-of-ways shall
have a grade of no greater than 4(h):1(v).
D. Trees and shrubs shall be chosen and located to avoid interference with underground and
overhead utility lines or public improvements.
E. Landscaping shall be designed to insure adequate visibility and safety of vehicular traffic,
bicyclists, pedestrians, and other users, on and off the proposed site. Height and/or spacing
of landscaping may be modified to accommodate sight distances.
F. Other than a fence around an individual one-or two-family dwelling, all fences shall be placed
on the inward side of any required perimeter landscaping.
G. To protect against the possibility of all trees in one project being destroyed by disease or pests,
a mix of tree species shall be provided in accordance with the following table:
Required Number Minimum Number Maximum Percent of
of Trees of Species Any One Species
11-20 2 55
21-30 3 35
31-40 4 27
41+ 5 22
H. Minimum Plant Sizes at Installation: See Table in MLMC 18.57.055.
I. No disturbed ground shall be left exposed. Groundcover or mulch shall cover all disturbed
areas that are not built upon or paved.
J. If approved by the city, required street frontage landscaping may be placed in city right-of-way.
This area shall be maintained by the owner of the property that abuts the right-of-way. The city
and other public services shall have the right to remove landscaping placed on city right-of-way
for repair, replacement, or installation of utility services. The city will not accept liability for
damages to said landscaping from future street expansion, meter reading, or utility installation,
inspection, or repair.
K. All required landscaping shall be served by irrigation systems appropriate for the plants.
L. The incorporation of existing vegetation, especially healthy trees, is strongly encouraged.
Where existing trees and associated vegetation serve the same or similar function as the
required landscaping, they may substitute for the required landscaping, provided trees are
healthy and appropriate for the site at mature size. When necessary, existing vegetation shall
be supplemented with new plantings to accomplish the specific intent and purpose of this
chapter.
M. Landscape requirements contained in this chapter are minimums. Additional landscaping is
encouraged.
N. Areas within two hundred feet (200') of the shoreline or associated wetlands are subject to the
State of Washington Shoreline Management Act and the City of Moses Lake Shoreline Master
Program.
0. In the event of a conflict between the content of this chapter and other regulations, the more
restrictive regulations shall apply.
P. Landscaping may be included within stormwater facilities, provided it does not impede the
functionality of the stormwater facility.
Q. For interior property line buffers, where a buffer meeting the requirements of this ordinance
has previously been installed on the adjoining property, an additional buffer is not required
along the screened property line.
R. Where buildings are located within 20' of a property line, all landscaping between the building
and the property line may be counted toward the required points for the buffer.
~ Subdivision Street Trees: Street trees shall be planted clearly on one side of the side property
line or the other, to make clear which owner is responsible for maintaining the tree.
T. Site Distance: Street trees at corners shall be set back at least thirty-five feet (35') from the
extended curb line, and must be trimmed to allow at least five feet (5') of clearance from grade
to the bottom of the tree canopy.
18.57.040 Specific Requirements
A. Buffers: When adjacent to the uses listed, the subject property shall provide the type and
width of landscaping listed in the table below along the entire property line between the subject
property and the adjacent use, except for vehicular and pedestrian access points. If a building
is located in the buffer area, the landscaping displaced by the building shall be located
elsewhere on the site. Types of landscaping are as described in Section 18.57.050.
SUBJECT PROPERTY USE
1 & 2 Multi-family Manufacture Commercial Industrial Public Park
ADJACENT Family d Home Park I
USE Subdivision Institutional
Freeway or Type I Type I Type I Type II Type II Type II
Highway 20 feet 20 feet 20 feet wide 10 feet wide 10 feet 10 feet
wide wide wide wide
Street Frontage Type IV Type IV Type IV Type IV Type IV Type IV
5 feet wide 5 feet wide 5 feet wide 10 feet wide 20 feet 5 feet wide
12 pts/25' 12 pts/25' 18 pts/25' 18 pts/25' wide 12 pts/25'
18 pts/25'
SUBJECT PROPERTY USE
1 & 2 Multi-family Manufacture Commercial Industrial Public Park
ADJACENT Family d Home Park I
USE Subdivision Institutional
1 & 2 Family or Type II Type II Type II Type I
vacant land 5 feet wide 10 feet wide 10 feet wide 15 feet
zoned R-1 or wide
R-2
Multi-family or Type II Type Ill Type II Type II Type I
vacant land 10 feet 5 feet wide 10 feet wide 10 feet wide 15 feet
zoned R-3 wide wide
Manufactured Type II Type Ill Type II Type I
Home Park 10 feet 5 feet wide 10 feet wide 15 feet
wide wide
Commercial/ Type II Type II Type II Type II
Institutional or 10 feet 5 feet wide 10 feet wide 10 feet
vacant land wide wide
zoned C-1 or
C-2
Industrial or Type II Type I Type II Type II
vacant land 10 feet 5 feet wide 10 feet wide 10 feet wide
zoned 1-L wide
Public Park
B. Parking Areas: Parking areas shall be landscaped to provide shade and visual rel ief while
maintaining clear lines of sight.
1. Landscaping shall be provided within and/or around all surface parking lots containing ten
(10) or more parking stalls, except that no parking lot landscaping shall be required within
industrial zones. LaAdseapiAg shall be provided at a rate of tweAty (20) seiuare feet per
parl<iAg stall. Other reeiuired laAdseapiAg may Aot be eouAted toward this total. At a
minimum, landscaping shall consist of ground cover and shade trees with a minimum
mature canopy spread of fifteen feet (15'). See Section 18.57.055 for required landscape
points for parking lots.
2. The minimum area per planter shall be one hundred (100) square feet.
3. Landscaped areas shall be distributed around and/or throughout the parking lot so that the
maximum distance between the trunk of shade tree and any parking stall shall be no more
than fifty feet (50'). Shade trees used to meet th is requirement are not required to be those
specifically included in the parking lot landscaping.
4. Parking lots: two (2) points per required parking space + one (1) point for each parking
space provided in addition to required spaces.
5. Permanent curbs or structural barriers shall be provided to protect the landscape plantings
from vehicle overhang.
6. Trees shall be planted at least four feet (4') from the outside edge of the planting area.
7. No plant material greater than twelve inches (12") in height shall be located within two feet
(2') of the edge of a landscaped area adjacent to a parking stall.
8. Required parking lot planter areas shall be in addition to any required front, side, and rear
yard buffer requirements.
9. The requirements of this section shall not apply to parking garages or parking decks, or
display areas for automotive and equipment sales and rentals.
C. Residential Landscaping
1. Front Yard: The required front yard and exterior side yard of all one (1) and two (2) family
residential uses shall be landscaped within one ( 1) year of occupancy and maintained. For
the purposes of this section, landscaping shall be defined as the addition of decorative
rock, bark, groundcover, lawn , trees, plants, shrubs, and other natural and decorative
features. At least fifty percent (50%) of the front and exterior side yard area shall be
landscaped. Driveways and parking areas may be located in the remaining area that is not
required to be landscaped.
2. Multi-family Structures: Multi-family residential uses shall also landscape the required
open space areas so that they are usable for outdoor recreation.
3. Manufactured Home Parks: All areas within the boundaries of the manufactured home
park shall be landscaped. All lawns, trees, landscaping, occupied and unoccupied
manufactured home spaces, recreation areas, and open space areas shall be continually
maintained. A permanent irrigation system shall be installed and maintained for planted
common areas.
4. Planter strips: Street frontage planter strips between the curb and sidewalk shall be
landscaped with Type IV landscaping consisting of a minimum of twelve (12) points per
twenty-five feet (25') of frontage. Timing of landscape installation shall be as follows:
a. For new subdivisions, planter strip landscaping shall be installed or bonded for before
a Certificate of Occupancy is issued for the house on the lot abutting the planter strip.
b. For new planter strips built in existing developed areas, planter strip landscaping shall
be installed within one year of completion of the planter strip.
c. For areas with existing planter strips, planter strip landscaping shall be installed within
one (1) year of the adoption of th is ordinance.
D. Building Facade Landscaping: To ensure that wall facades are visually interesting when
viewed from surrounding streets and buildings, blank building facades more than twenty feet
(20') in height or fifty feet (50') in width or length shall be landscaped with Type Ill landscaping
to provide visual relief and soften the effect of the new building on the surrounding area.
1. Blank facades are defined as those which do not add to the character of the streetscape
and do not contain transparent windows or sufficient ornamental features , decorations,
artwork, articulation, high quality building materials (such as brick), or other architectural
features.
2. Exceptions: Buildings in industrial zones are not required to screen blank facades. In all
other zones, blank facades that are within twenty feet (20') of another building or which are
otherwise not visible to the general public are not required to be screened.
18.57.055 Landscape Point Values:
A. Applicant may use any combination of planting materials to meet the requirements of this
section. Points are assigned based on the following table and can be decreased using
subsection G and I.
Type of Plant Mature Height Minimum Size (at time of planting) Point Value
Material
Deciduous Trees Evergreen Trees (in
(in caliper inches) feet of height)
Large Tree >60 ft 8-inch or greater 22 ft and over 115
>60 ft 7-inch 19 -21ft. 100
>60 ft 6-inch 16 -18 ft. 90
>60 ft 5-inch 13-15ft. 80
>60 ft 4-inch 11-12 ft. 65
>60 ft 3-inch 9 -10 ft. 55
>60 ft 2-inch 7 - 8 ft 35
Medium Tree 25 ft to 60 ft 3-inch 7-8 ft 40
Medium Tree 25 ft to 60 ft 2 -inch 7 - 8 ft 30
Medium Tree 25 ft to 60 ft 1.5 -inch 5-6 ft 20
Small Tree <25 ft Single Trunk 1. 5 5 -6 ft 15
inch caliper
Ornamental varies Multiple trunk 5 - 6 ft 10
Tree (minimum 3
trunks): smallest
trunk 1.5 inch
caliper
Large Shrub >6 ft 24 -inch height at planting 9
Medium Shrub 3 ft to 6 ft 12-inch height at planting 6
Small Shrub < 3 ft 8 -inch height at planting 4
Ornamental varies 1 gallon same as
Grasses shrub of
same
mature
height
Groundcover < 1 ft, 1 gallon Y:z
excluding
flowers on tall
stalks
Existing Trees varies Greater than 3" caliper 10 pts + 10
pts/inch of
caliper
Landscaped 30" height; 10-foot length; 3: 1 slope 1 per 5
Berm lineal feet
Turf Grass n/a n/a 1/4 per
square yard
Type of Plant Mature Height Minimum Size (at time of planting) Point Value
Material
Deciduous Trees I Evergreen Trees (in
(in caliper inches) feet of heiqht)
Sculpture or 2' minimum height 15 points +
Basalt Columns 15 pts for
*may not be each
substituted for additional 2'
trees height
Note: Points will be based on the size of the mature tree or shrub. For example , a small species
of shrub in a three (3) gallon pot at the time of planting will not be given points as a medium shrub,
it remains a small shrub. The Community Development Department will maintain a list of
commonly-planted species and the size per the above chart. For species not included in the list,
mature height shall be as shown in a standard published source. Where a range of sizes is given
in the source, points for the larger size may be claimed, provided the correct minimum size is
planted for the points claimed.
B. An additional ten percent (10%) in the number of points shall be required adjacent to the
following aesthetic corridors:
1. West Broadway from 1-90 to its intersection with Division Street
2. East Broadway from its intersection with Division Street to where it joins with Pioneer Way
3. Pioneer Way from where it joins with East Broadway to its intersection with Highway 17
C. Points for required buffers shall be in addition to the Site Points and Parking Lot Points
required in this section.
D. A maximum of twenty-five percent (25%) of required landscape points may be claimed within
street right-of-way.
E. A minimum of sixty percent (60%) of points shall be used for landscaping in the front and side
yards.
F. A maximum of twenty-five percent (25%) of required points may be used for turf grass. Turf
grass within street right-of-way does not earn any points.
G Drought Tolerant Landscaping. Landscaping areas that meet the criteria listed below may
have the points required for that area reduced by thirty percent (30%). To qualify as drought
tolerant, the following must be incorporated:
1. An approved drip irrigation system
2. Low volume -low pressure -low flow distribution
3. Drought tolerant plant selection
4. Use of mulches, which cari include decorative rock
1:i Native and Naturalized Plant Species. New landscaping materials shall include species native
to Eastern Washington or hardy, waterwise, and noninvasive species appropriate in the
climatic conditions of Eastern Washington (decorative annuals are an exception). Washington
State University maintains a list of trees, shrubs, vines, ground covers, perennials, grasses.
bulbs, and annuals that are appropriate for Eastern Washington. (Link:
http://public.wsu.edu/-lohr/wcl/). The selections of plant species should include consideration
of soil type and depth, the amount of maintenance required, spacing, exposure to sun and
wind, the slope and contours of the site. compatibility with existing native vegetation preserved
on the site, water conservation where needed, and the impact of landscaping on visibility of the
site for purposes of public safety and surveillance.
L Alternative Water Source: Projects irrigated from sources other than City water may have
the points required for that area reduced by thirty percent (30%).
18.57.080 PfeseFV'atiori arid Cafe of Sk~riificarit Trees: Developmerits shall retairi sigriifiearit trees to the
maximum exterit practical. Areas devoted to access arid afeas to be cleared for required roads,
utilities. sidewalks. trails, Of stofm drairiage iFl'lprovements are exempt from this requifemerit.
A. Sigriificarit trees are healthy trees that do riot pfesent a safety haz:ard, afe riot listed iri Section
18.57.100 as prohibited. arid that meet orie or mofe of the followirig Cfiteria:
1. Six iriches (6") Of gfeater iri diameter measured four feet (4') above grade
2. Part of a groupirig of five (5) or more trees with canopies that touch or overlap
3. Member of a uriioue or uriusual species
4. Withiri rvverity five feet (25') of a serisitive afea Of buffer. as defiried iri MLMC Title 19
B. The followirig measures shall be used to protect significarit trees duririg eoristFUetiori:
L There shall be rio clearirig or gradirig of the site uritil after approval of the laridscape plari.
2. The developer shall iristall a tempOFary but immovable ferice four feet (4') high arourid the
tree at the driplirie to pfevent distufbarice duririg construetiori.
3. There shall be rio impervious surfaces. fill. excavatiori, Of storage of materials withiri the
fericed area.
4. If the grade level arourid the tree is to be raised bv more thari orie foot ( 1 ') , a rock ·.,vell
shall be eoristfucted aFOurid the tree, with the iriside diameter of th e well eoffesporidirig to
the driplirie of the tfee. No fill is allowed iriside the well afea.
5. The grade level shall riot be lowefed withiri the lafgef of the two (2) areas defiried as
follows:
a. The dfip lirie of the tfee. or
b. An afea arourid the tfee equal to one foot (1 ') in diametef fof each irich of tree trurik
diameter measured four feet (4') above the gFOurid.
C. Alternative proteetiori measUFes may be used if the city determiries they ·will provide equal or
greater tree proteetiori.
18.57.110 Alteration of Landscape Requirements: The applicant may submit for consideration a landscaping
plan that differs from the specific criteria set forth in this chapter. The applicant shall in writing,
clearly and in detail, state what adjustments are being requested and the reasons that such
adjustments are warranted. The application shall be accompanied by a drawing that meets the
requirements of MLMC18.57 .060, along with any supplemental data, such as sketches, surveys,
and statistical information, asthat is deemed necessary to support the adjustment. The Planning
Commission may approve, modify, or deny the requested adjustment. In approving the alteration,
the Planning Commission shall make the following findings:
A. The alteration would be in keeping with and preserve the intent of this chapter; and
B. The alteration would not be contrary to the public interest; and
C. The alteration is justified based on at least one (1) of the following:
1. The requirements of this chapter would result in more than fifteen percent (15%) of the site
area being landscaped. In such cases the Planning Commission may modify those
requirements so that not more than fifteen percent (15%} of the site must be landscaped,
provided that the landscaping and corresponding setbacks required are those most
beneficial to the public. More intensive landscaping may be required if the reduction in
area would reduce the effectiveness of landscaping to a point where the intent of the
landscaping type cannot be satisfied.
2. The inclusion of significant existing vegetation located on the site would result in as good
as or better satisfaction of the purposes of this chapter.
3. Three foot (3') berms or six foot (6') architectural barriers are incorporated into the
landscape design. Adjacent to the berm or barrier, the width of the perimeter landscaping
strip may be reduced up to twenty-five percent (25%) if the landscaping materials are
incorporated elsewhere on site.
4. Existing conditions on or adjacent to the site, such as significant topographic differences,
vegetation, structures, or utilities would render application of this chapter ineffective.
5. An existing or proposed structure precludes installation of the total amount of required
perimeter landscaping. In such cases, the landscaping material shall be incorporated on
another portion of the site. If no portion of the site can be landscaped, approved waterless
landscaping features such as decorative rock. gabions, sculptures. and/or facade
improvements as defined in 18.57.040 D.1 may be used. The totality of such features
must be of sufficient substance and location as to serve the purpose of this chapter.
6. The proposed landscaping represents a superior result or is more effective than that which
would be achieved by strictly following requirements of this section.
Section 2. This ordinance shall take effect and be in force five (5) days after its passage and publication of
its summary as provided by law.
Adopted by the City Council and signed by its Mayor on
Dick Deane, Mayor
ATTEST:
W. Robert Taylor, Finance Director
APPROVED AS TO FORM:
Katherine L. Kenison, City Attorney
September 16, 2015
Honorable Mayor and
Moses Lake City Council
Dear Council Members
CI T Y OF
MOSES LAKE
Attached is a resolution providing for the abatement of nuisances at 2003 S. Beaumont,
owned by Markova Living Trust. 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. 3 5 L/ 'C
A RESOLUTION DETERMINING THAT MARKOVA LIVING TRUST 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 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. The records of Grant
County show the owner of the subject property to be Markova Living Trust, 9815 651h Road, Apt. 1 E, Rego
Park, NY 11374-3505.
2. Notice. On June 30, 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 August 27, 2015, the Code
Enforcement Officer caused to be delivered to Markova Living Trust a notice of the intent of the City
Council to consider adoption of a resolution such as this at its meeting of September 8, 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.M.5.: 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.
4. Hearing. On September 8, 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:
Rick Rodriguez, Moses Lake Code Enforcement Officer
5.2. The following exhibits were made a part of the record of the proceedings:
RESOLUTION NO.
PAGE2 September 22, 2015
Resolved:
EXHIBIT #1: Moses Lake Municipal Code Chapter 8.14.030 M. 5.
EXHIBIT #2: Notice of Violation and Order to Correct or Cease Activity dated June 30, 2015 from
the Code Enforcement Officer addressed to Markova Living Trust, 9815 651h Road, Apt. 1 E, Rego
Park, NY 11374-3505.
EXHIBIT #3: Pictures taken by Code Enforcement Officer of the property located at 2003 S.
Beaumont Drive, Moses Lake, WA 98837.
EXHIBIT#4: Letter dated August 27, 2015, from the Code Enforcement Officer to Markova Living
Trust advising the property owner of the hearing regarding abatement of property, scheduled for
September 8, 2015.
1. A public nuisance in violation of MLMC 8.13.030 M. 5. exists on the subject property at 2003 S. Beaumont
Drive, Moses Lake, Washington. Mark ova Living Trust, 9815 651h Road, Apt. 1 E, Rego Park, NY 1137 4-
3505 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, 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. Markova Living Trust, the record contract owner, has fifteen (15) days from the date of the adoption
of this resolution to cause the nuisance violati ons 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.
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 22, 2015.
Dick Deane, Mayor
ATTEST:
W. Robert Taylor, Finance Director
8.14.030 Nuisance Defined. Each of the following conditions, unless otherwise permitted by law, is declared
to constitute a public nuisance, and whenever the Code Enforcement Officer determines that any
of these conditions exist upon any premises or in any stream, drainage way or wetlands, the officer
may require or provide for the abatement thereof pursuant to this chapter.
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 th istle or other noxious weeds, as defined by
Chapter 8.22 of the Moses Lake Mun icipal Code entitled "Noxious Weed Control"
whether growing or otherwise; but nothing herein shall prevent the temporary
retention of such weeds in approved covered receptacles.
Exhibit 1
Page 1 of
CITY Of
MOSES LAKE
CITY OF MOSES LAKE
NOTICE OF VIOLATION AND ORDER TO CORRECT OR CEASE ACTIVITY
TO: Markova Living Trust
9815 65th Rd Apt lE
Rego Park, NY. 11374-3505
NOTICE OF VIOLATION
Provisions of the City of Moses Lake Code Violated:
Moses Lake Municipal Code 8.14.030M5
Street Address of Violation:
2003 S Beaumont Dr, Moses Lake, WA 98837
Brief Legal Description of Property Where Violation Exists:
Lot 73 Montlake ADD # 1 101624000
YOU ARE HEREBY ORDERED TO CORRECT OR CEASE THE ACTIVITY AS FOLLOWS:
Action Necessary to Correct Violation:
Kochia must be sprayed and then removed from the property. Weeds must be removed from the sidewalk itself,
and weeds must be cut back 1 O' from the sidewalk on the property itself.
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
Friday, July, 10, 2015
YOU ARE FURTHER NOTIFIED THAT THE MOSES LAKE CITY CODE PROVIDES FOR THE
FOLLOWING PENALTIES:
Exhibit 2
Page 2 of 2
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 764-3701 · Parks & Recreation 764-3805 ·Police 764-3887 ·Fax 764-3739
401 S Balsam St .. P.O. Drawer 1579 ·Moses Lake, WA 98837-0244 · \<\WW.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), begillling 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)(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 AFOREMENTIONED VIOLATION IS NOT
CORRECTED AS SPECIFIED HERIN THIS MATTER WILL BE REFERRED TO THE CITY
ATTORNEY FOR CIVIL ENFORCEMENT BY INJUNCTION OR OTHER APROPRIATE ACTION.
Dated this Tuesday, June 30, 2015
Brett Hollen
Code Enforcement
City of Moses Lake
509-764-3748
Exhibit 2
Page 1 of 2
August, 27, 2015
Markova Living Trust
9815 65th Rd Apt 1E
Rego Park, NY. 11374-3505
CITY OF
HOSES LAKE
Re: Hearing to Permit City Abatement of Nuisance
Property located at: 2003 S Beaumont Dr, Parcel 101624000, Moses Lake, WA 9883 7
Via Regular Mail and Return Receipt Mail
Markova Living Trust
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, Parcel 101624000, Moses Lake, WA 98837
On Tuesday, June 30, 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 August 27, 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, September 08, 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
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,
~2~:
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 764-3 783 ·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
September 16, 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 1061 S. Division
Street, owned by Bonita Evens. 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
fr/'v
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 764-3701 ·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. ~SL{ q
A RESOLUTION DETERMINING THAT BONITA EVENS IS THE OWNER OF CERTAIN REAL
PROPERTYWITHINTHECITY;THATANUISANCEREQUIRINGABATEMENTBYCITYFORCES
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
nu isance violations of Moses Lake Municipal Code (MLMC) 8.14.030 M. 5. & U. The records of Grant
County show the owner of the subject property to be Bonita Evens, 1061 S. Division Street, Moses Lake,
WA 98837.
2. Notice. On June 26, 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 fi led 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 August 27, 2015, the Code
Enforcement Officer caused to be delivered to Bonita Evens a notice of the intent of the City Council to
consider adoption of a resolution such as this at its meeting of September 8, 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 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.
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, wh ich 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 22, 2015
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 8, 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 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.
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 M. 5 & U.
EXHIBIT #2: Notice of Violation and Order to Correct or Cease Activity dated June 26, 2015 from
the Code Enforcement Officer addressed to Bon ita Evens, 1061 S. Division Street, Moses Lake,
WA 98837.
EXHIBIT #3: Pictures taken by Code Enforcement Officer of the property located at 1061 S.
Division Street, Moses Lake, Washington.
EXHIBIT #4: Letter dated August 27, 2015 from the Code Enforcement Officer to Bonita Evens
advising the property owner of the hearing regarding abatement of property, scheduled for
September 8, 2015.
1. A public nuisance in violation of MLMC 8.14.030 M. 5. exists on the subject property at 1061 S. Division,
Moses Lake, Washington. Bonita Evans, 1061 S. Division Street, 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 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 Evens, 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 Koshia must be sprayed and removed from the property
4.2 Weeds must be cut down or removed
RESOLUTION NO.
Page 3 September 22, 2015
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 22, 2015.
Dick Deane, Mayor
ATTEST:
W. Robert Taylor, Finance Director
8.14.030 Nuisance Defined. Each of the following conditions, unless otherwise permitted by law, is declared
to constitute a public nuisance, and whenever the Code Enforcement Officer determines that any
of these conditions exist upon any premises or in any stream, drainage way or wetlands, the officer
may require or provide for the abatement thereof pursuant to this chapter.
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
CITY OF
MOSES LAK E
CITY OF MOSES LAKE
NOTICE OF VIOLATION AND ORDER TO CORRECT OR CEASE ACTIVITY
TO: Bonita Evens
1061 S Division St
Moses Lake, WA 98837
NOTICE OF VIOLATION
Provisions of the City of Moses Lake Code Violated:
Moses Lake Municipal Codes 8.14.030M5 and 8.14.030U
Street Address of Violation:
1061 S Division St, Moses Lake, WA 98837
Brief Legal Description of Property Where Violation Exists:
Lot 1 Maver ADD 101520000
YOU ARE HEREBY ORDERED TO CORRECT OR CEASE THE ACTIVITY AS FOLLOWS:
Action Necessary to Correct Violation:
Kochia must be sprayed and then removed from these areas. Weeds must be cut down or removed from the back
area and the sidewalk planter strip.
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
Monday,July,06,2015
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.cityofrnl.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 doIIars ($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 shaII 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 l .20.050(E)(l ), a Court shaII 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 Friday, June 26, 2015
Brett Hollen
Code Enforcement
City of Moses Lake
509-764-3748
Exhibit 2
Page 2 of 2
August, 27, 2015
Bonita Evens
1061 S Division St
Moses Lake, WA 98837
CITY OF
MOSES LAf<E
Re: Hearing to Permit City Abatement of Nuisance
Property located at: 1061 S Division St, Parcel 101520000, Moses Lake, WA 9883 7
Via Regular Mail and Return Receipt Mail
Bonita 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, Parcel 101520000, Moses Lake, WA 98837
On Friday, June 26, 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 August 27, 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, September 08, 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
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.
S,i:/Ja / \ ,
Z(od,ez
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 764·3 783 · Municipal Court 764-3701 ·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
September 16, 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 826 S. Grand, owned
by Bryan Starrett. 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
{;Iv-
Gilbert Alvarado
Interim City Manager
GA:jt
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
RESOLUTION NO. ? 5t;;'0
A RESOLUTION DETERMINING THAT BRYAN STARRETT IS THE OWNER OF CERTAIN REAL
PROPERTYWITHINTHECITY;THATANUISANCEREQUIRINGABATEMENTBYCITYFORCES
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 826
S. Grand Drive (Lot 7, Block 9, Lakeview Terrace #1) Parcel #100919000, Moses Lake, Washington, is
the site of public nuisance violations of Moses Lake Municipal Code (MLMC) 8.14.030 M. 5. The records
of Grant County show the owner of the subject property to be Bryan Starrett. 826 S. Grand Drive, Moses
Lake, WA 98837.
2. Notice. On July 9. 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 August 27, 2015, the Code
Enforcement Officer caused to be delivered to Bryan Starrett a notice of the intent of the City Council to
consider adoption of a resolution such as this at its meeting of September 8, 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 M LMC 8.14. 030 M. 5.: 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.
4. Hearing. On September 8, 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:
Rick Rodriguez. Moses Lake Code Enforcement Officer
5.2. The following exhibits were made a part of the record of the proceedings:
RESOLUTION NO.
Page 2 September 22, 2015
Resolved:
EXHIBIT #1 : Moses Lake Municipal Code Section 8.14.030 M. 5.
EXHIBIT #2: Notice of Violation and Order to Correct or Cease Activity dated July 9, 2015 from
the Code Enforcement Officer addressed to Bryan Starrett, 826 S. Grand Drive, Moses Lake, WA
98837.
EXHIBIT #3: Pictures taken by Code Enforcement Officer of the property located at 826 S. Grand
Drive, Moses Lake, Washington.
EXHIBIT #4: Letter dated August 27, 2015 from the Code Enforcement Officer to Bryan Starrett
advising the property owner of the hearing regarding abatement of property, scheduled for
September 8, 2015.
1. A public nuisance in violation of MLMC 8.14.030 M. 5. exists on the subject property at 826 S. Grand
Drive, Moses Lake, Washington. Bryan Starrett, 826 S. Grand Drive, 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
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. Bryan Starrett, 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 Keshia must be sprayed and removed from the property
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 22, 2015.
Dick Deane, Mayor
ATTEST:
W. Robert Taylor, Finance Director
8.14.030 Nuisance Defined. Each of the following conditions, unless otherwise permitted by law, is declared
to constitute a public nuisance, and whenever the Code Enforcement Officer determines that any
of these conditions exist upon any premises or in any stream, drainage way or wetlands, the officer
may require or provide for the abatement thereof pursuant to this chapter.
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.
Exhibit 1
Page 1 of 1
CITY OF
MOSES LAKE
CITY OF MOSES LAKE
NOTICE OF VIOLATION AND ORDER TO CORRECT OR CEASE ACTIVITY
TO: Bryan Starrett
826 S Grand Dr
Moses Lake, WA 98837
NOTICE OF VIOLATION
Provisions of the City of Moses Lake Code Violated:
Moses Lake Municipal Code 8.14.030M5
Street Address of Violation:
826 S Grand Dr, Moses Lake, WA 98837
Brief Legal Description of Property Where Violation Exists:
Lot 7 Block 9 Lakeview Terrace #1 100919000
YOU ARE HEREBY ORDERED TO CORRECT OR CEASE THE ACTIVITY AS FOLLOWS:
Action Necessary to Correct Violation:
Kochia must be sprayed and then removed from 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
Sunday, July, 19, 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.cityofrnl.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 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 MATTER WILL BE REFERRED TO THE CITY
ATTORNEY FOR CIVIL ENFORCEMENT BY INJUNCTION OR OTHER APROPRIA TE ACTION.
Dated this Thursday, July 09, 2015
Brett Hollen
Code Enforcement
City of Moses Lake
509-764-3748
Exhibit 2
Page 2 of 2
August, 27, 2015
Bryan Starrett
826 S Grand Dr
Moses Lake, WA 98837
CITY Of
MOSES LAf<E
Re: Hearing to Permit City Abatement of Nuisance
Property located at: 826 S Grand Dr, Parcel 100919000, Moses Lake, WA 98837
Via Regular Mail and Return Receipt Mail
Bryan Starrett
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 7 Block 9 Lakeview Terrace #1.
This property is located at: 826 S Grand Dr, Parcel 100919000, Moses Lake, WA 98837
On Thursday, July 09, 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 August 27, 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, September 08, 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.
;?~/-1
Rick Rodriguez
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
City of Moses Lake Project Update, September 2015
R, tlv C ., leted Proiect:
Name Address Description Date
Completed
Boys & Girls Club 425 N. Paxson Dr After school care facility on the grounds of Park Orchard Elementary 9-15-15
Nail salon 210 E. Third Ave. RemnrlPI for a nail salon near Paoa Murnhv's 9-4-1"
Permits Under Review
Name Address Notes Date permit
applied for
Solara Apartments 1300 block Nelson Rd 228 market rate apartments at South Campus. Plan review fees paid 9-15-15 9-10-15
All-Safe Self Storage 3825 Prichard Add one 55' x 176' storage building to an existing mini-storage facility 9-10-15
WinCo Foods Stratford/Central 58,285 grocery store. Environmental review only, no building permit yet. 9-3-15
(SEPA only)
Denny's 1590 E. Yonezawa New restaurant at SR-17 & Yonezawa, near Lowe's. Review comments sent 8-24-8-18-15
15.
MACC 9-1-1 208 S. Hamilton New Multi Agency Communication Center 9-1-1 dispatch center. 8-6-15
9-15-15: Ready to issue as soon as they submit signed covenant & recording fee.
Samaritan Hospital 801 E. Wheeler Surgery remodel. Ready to issue 8-28-15. 8-5-15
Burger King 2461 S. Maiers Road Upgrade existing restaurant. Review letter sent 6-24-15. Revisions submitted 9-8-6-22-15
15. Landscape issues.
Sleep Inn 3206 Lakeshore Ct. Redeveloping Lakeshore Motel site with new Sleep Inn. Existing buildings will be 6-10-15
replaced with new building. Shoreline permit only, no building permit yet. (shoreline)
Environmental review issued 8-12-15. Public hearing on shoreline permit held 8-
27-15
Fairfield Inn 2380 S. Maiers Road New 84-unit hotel. Review letters send 6-11-15 & 7-14-15. 6-4-15
9-15-15: No new information
Panda Express 1029 N. Stratford New stand-alone restaurant with drive-thru at Penn Plaza, near Starbucks, Blue 5-1-15
Palm, etc. Review letters sent 5-6 & 5-11 . Environmental review issued 6-16-15.
Revised plans submitted 7-8-15, but still haven't addressed all issues noted on
previous review. 8-18-15: Developer working on traffic flow issues. 9-3-15:
Building Division approved plans. 9-15-15: still working on traffic issues
Commerce Park Building 4 8394 Doolittle 100,000 SF warehouse. Incomplete submittal. Review letter sent 4-20-15. Waiting 4-8-15
Page 1 of 4 9-16-15
Name Address Notes Date permit
--applied for
for proponent to submit review fees, corrected plans, & environmental review.
8-17-15: staff has reminded them multiple times that application is incomplete.
9-11-15: Submitted environmental review but not building permit fees
ComTech Building 5855 Patton 30,000 SF building. Incomplete submittal. Building review letter sent 4-21-15. Still 4-8-15
waiting for proponent to submit review fees, corrected plans, & environmental
review.
8-17-15: staff has reminded them multiple times that application is incomplete.
9-11-15: Proponent's representative says this project is on hold
Chelsea Park Apartments NW corner of Valley & 180 market rate apartments in 12 buildings + leasing office. 1, 2, & 3 bedroom. 7 3-4-15
Evergreen Housing Grape buildings will have 12 units, 4 buildings will have 24 units. Future permits for
Develooment LLC swimmina nnnl caroorts & retainina wall. Review letters .::i::int 3-10 3-20 & 3-23.
Projects Under Construction ---Name Address Date permit Notes Last inspection or status
issued
Dog Park sign 1201 Paxson 9-11-15 Kiosk sign for the new dog park No inspections called for yet
The Cutting Edge Salon 604 W. Third Ave 9-2-15 Remodel for a hair salon No inspections called for yet
Data center 830 E. Broadway 8-31-15 Tenant improvement for a data center in an No inspections called for yet
existing building
Americold 3245 Road N 8-30-15 Fire pump building and water line installation. No inspections called for yet
Maria's Restaurant 212 Division 8-20-15 Moved taco restaurant from W. Broadway to 8-26-15. Hood assembly
downtown
Ten Pin Brewing Co. 1145 N. Stratford Rd 8-17-15 New brewery building. 9-15-15. Underground/Slab
Two Rivers Terminals 13583 Wheeler Rd 8-13-15 Adding a firewall in an existing building at a 8-19-15. Bond beams
fertilizer manufacturer
Inspire 1109 S. Juniper Dr. 8-6-15 Migrant Head Start/School adding classrooms No inspections called for as of
and parking. 8-17-15. 9-15-15: No change
Marshalls 1020 N. Stratford 7-27-15 Tenant improvement for 3'd of 4 spaces at 8-28-15. Ductwork
Moses Lake Town Center
Century Link 4949 NE Randolph 7-24-15 3rd floor of Titan building (16,000 SF) being 8-21-15. Piping Drain/WasteNent
Rd remodeled for a server farm
Page 2 of 4 9-16-1 5
-Name Address Date permit Notes Last inspection or status
issued
Key Bank 314 E. Third 7-22-15 Two permits for interior remodel 8-12-15. Framing
Lake View Baptist Church 935 W. Valley Road 7-14-15 Small addition to building & wall for chair lift 8-7-15. Shear wall
Walker's Furniture & Mattress 117 W. Broadway 7-14-15 Permits for reroof, replacing 7 rooftop HVAC 7-8-15. HVAC final. Corrections
7-1-15 units, and wall signs needed. City waiting for approval
by L&I on electrical before final
approval.
Scheduled 2 inspections for
roofing, but did not arrange
access to roof for inspector
Ice Cream Shop 101 W. Third Ave. 7-9-15 New ice cream shop in former aquarium store 9-4-15. Underground/slab;
Drain/WasteNalve
Super 8 449 Melva Lane 7-8-15 Add wall, redo counter. 7-9-15. Framing.
9-15-15: No change
Day Care 414 S. Burress 7-8-15 Converting a house into a day care center 9-9-15. Framing.
Pita Pit 324 W. Broadway 7-6-15 Remodeling former real estate office into 7-8-15. Underground plumbing
restaurant. Same owners as Ephrata Pita Pit. 9-15-15: No change
Moses Lake School District 454 W. Ridge Rd 7-1-15 Adding one portable classroom. The project 8-13-15. Exterior water & sewer
Knolls Vista Elementary triggered additional parking and a fire hydrant lines
9-15-15: Waiting for fire alarm
system to be installed
Moses Lake School District 780 S. Clover 6-30-15 Adding one portable classroom 8-4-15. Blocking.
Lakeview Elementary 9-15-15: Waiting for fire alarm
system to be installed
Party City 1020 N. Stratford 6-1 -15 Party supply store. Tenant improvement at 9-4-15. Final inspection.
Moses Lake Town Center to divide bu ilding to Approved by Building Division ,
add a retail space next to Jo-Ann Fabrics. but Fire Dept. can 't approve until
fire extinguishers installed.
Granco Federal Credit Union 401 E. Fifth 5-27-15 New credit union next to Rite Aid. 8-25-15. Exterior sewer line
Garden Heights Elementary 707 E. Nelson Rd 5-26-15 Adding portable classroom. 7-14-15. Blocking. Inspection for
fire alarm system set for 9-17-15
Michael's Bistro 221 W. Broadway 5-21-15 Addition to existing restaurant 6-30-15. Framing.
As of 8-19, still working on
exterior. 9-15-15: No change
Page 3 of 4 9-16-15
Name Address Date permit Notes Last inspection or status
issued
Sonico 6464 N. Patton 5-19-15 New building for aircraft repair. Not started. 9-15-15: No change
Ag West 950 E. Broadway 3-17-15 Add a workshop/storage warehouse behind the 6-10-15. Framing & sewer
existing building. 9-15-15: No change
Pro Touch Auto Detail 1028 W. Broadway 1-20-15 Repair of fire damage plus adding shop space. 2-12-15. Insulation.
Owner contacted 7-21-15 to
schedule final inspection.
9-15-15: No change
Moses Lake Veterinary Clinic 3918 E. Broadway 11-20-14 1283 SF addition. 3-23-15 fi nal inspection. Some
corrections needed.
9-15-15: No change
REC Silicon Fluid Bed 3322 Rd N NE 11-18-14 Adding 2 more reactors to increase production 4-7-15 Slab inspection.
Reactor addition capacity 7-21-15: Work has stopped.
Waiting for corrected plans from
engineer for rest of building.
CannaCola 3426 Citation 6-14-14 Remodeling existing bu ilding into processing 3-5-15 Drywall inspection. Some
facility for marijuana-infused soda changes to the plans.
8-19-15: No activity at site. Work
appears to have stopped.
Benny's Tires 124 N. Block 4-14-14 Moving from existing location on Wheeler 6-25-15. Final inspection. Many
Road to new building on Block corrections needed.
9-15-15: No change
Guild Mortgage 506 E. Hill 8-21-13 Remodel and expand existing office 7-21-15: Waiting on electrical
final before building permit final.
8-19-15: Minor corrections
needed on electrical, expect to
complete by end of month.
9-15-15: No chanae
Page 4 of 4 9-16-15
September 15, 2015
TO: Interim City Manager
FROM: Utility Service Supervisor ~
SUBJECT: Investment Report
Attached is the Investment Report for the month of August, 2015.
Cc: Finance Director
Investment Report
August
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 ,346,864.21 1.9455 08/01/2015 08/31/2015 18,703.76
Wa. State Invest Pool Invest Acct 2, 751 ,514.84 0.1560 08/01/2015 08/31/2015 357.06
Total Maturities: 14,098,379.05
Investment Purchases
Grant County Invest Pool Invest Acct 11,365,567.97
Wa. State Invest Pool Invest Acct 2,891,993.03
Total Purchases: 14,257,561.00
Investment Totals
Beginning Balance * 14,098,379.05
Total Maturities 14,098,379.05
Total Purchases 14,257,561.00
Endina Balance * 14 257 561.00 IMonthlv Interest Earned 19 060.82
* Beginning Balance =Total Outstanding+ Total Maturities
*Ending Balance= Beginning Balance -Total Maturities+ Total Purchases
September 16, 2015
Honorable Mayor and
Moses Lake City Council
Dear Council Members
CITY OF
MOSES LAKE
Attached is sales tax information for June 2015 sales which the City received on August
July 31 , 2015. This report indicates the City received $536,287.09. The $536,287.90 in
receipts for June compares with June 2014 receipts of $512,038.78.
For the year, the 2015 receipts are approximately 2.33% lower than the 2014 receipts for
the same period.
Also provided is the transient rental income report for income the City received on August
31 , 2015. This report indicates August 31 , 2015 income (for June sales) of $59, 177.66.
This compares with $70.246.58 for the same period in 2014.
For the year, transient rental income receipts are approximately 1 % higher than the 2014
receipts for the same period.
Respectfully submitted
(;fl,
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 Senices 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
Sales Tax Receipts -Monthly
Month Sales YTD
Received Period 2011 2012 2013 2014 2015 Change
Jan Nov 367,830.83 403,504.15 401,499.05 430,1 10.34 437,747.56 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 439,396.45 399,414.06 437,909.92 475,371.67 467,450.30 -4.45%
July May 431,750.56 419,629.64 478,822.77 454,949.89 466,942.21 -3.45%
Aug June 453,961.67 432,420.11 460,309.61 512,038.78 536,287.09 -2.33%
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 3,645, 116.56
TRANSIENT RENTAL INCOME -MONTHLY TOTAL RECEIVED
MONTH SALES YTD
RECEIVED PERIOD 2012 2013 2014 2015 Change
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 41,878.80 7%
JULY MAY 45,674.12 64,910.04 53,058.98 53,628.12 6%
AUGUST JUNE 55,497.56 49,135.32 70,246.58 59,177.66 1%
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 456 671.08 532 512.58 544 910.32 321 548.90