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10222013 Part 2AOctober 16,2013 TO: City Manager for Council Consideration FROM : Community Development Director SUBJECT: Resolution -Nuisance Abatement -Markova Living Trust 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 Community Development Director GAjt RESOLUTION NO. 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 Drive (Lot 73, Montlake Addition #1), Parcel #101624000, Moses Lake, Washington, is the site of public nuisance violations of Moses Lake Municipal Code (MLMC) 8.14.030. The records of Grant County show the owner of the subject property to be Markova Living Trust, 13145 Trail Dust Avenue, San Diego, CA 92129. 2. Notice. On August 20, 2013 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 October 7, 2013 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 October 22, 2013. 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 -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 Enforcernent Officer determines that any of these conditions exist upon any prernises or in any strearn, 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 October 22 , 2013 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 RESOLUTION NO. Page 2 October 22 , 2013 responsible for the costs of correcting and abating such violations if such corrections and abatement is accomplished by City forces or forces contracted by the City for such purpose. All interested persons were permitted to provide written or oral evidence relevant to the issue. 5. Evidence: 5.1. The following persons testified under oath: Rick Rodriguez, Moses Lake Code Enforcement Officer 5.2. The following exhibits were made a part of the record of the proceedings: Resolved: EXHIBIT #1: Moses Lake Municipal Code Chapter 8.14.030 EXHIBIT #2: Notice of Violation and Order to Correct or Cease Activity dated August 20 , 2013 from the Code Enforcement Officer addressed to Markova Living Trust, 13145 Trail Dust Avenue, San Diego, CA 92129. EXHIBIT #3: Pictures taken by Code Enforcement Officer of the property located at 2003 S. Beaumont Drive, Moses Lake, Washington. EXHIBIT #4: Letter dated October 7, 2013 from the Code Enforcement Officer to Markova Living Trust advising the property owner of the hearing regarding abatement of property, scheduled for October 22 , 2013. 1. A public nuisance in violation of MLMC 8.14.030 M. 5. exists on the subject property at 2003 S. Beaumont Drive , Moses Lake, Washington. Markova Living Trust, 13145 Trail DustAvenue, San Diego, CA 92129 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 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 violations listed herein to be removed to the satisfaction of the Code Enforcement Officer. Those improvements include the following : 4.1 Removal of Kochia 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, RESOLUTION NO. Page 3 October 22 , 2013 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 October 22, 2013. Dick Deane, Deputy 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 anyone 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. 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, anyone 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 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. o. 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 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 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: Markova Living Trust 13145 Trail Dust Ave San Diego, Ca. 92129 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, W A 98837 Brief Legal Description of Property Where Violation Exists: Lot 73 Montlake ADD # I 101624000 YOU ARE HEREBY ORDERED TO CORRECT OR CEASE THE ACTIVITY AS FOLLOWS: Action Necessary to Correct Violation: Kochia must be fully eradicated from this property as per city code. 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, August, 30, 2013 YOU ARE FURTHER NOTIFIED THAT THE MOSES LAKE CITY CODE PROVIDES FOR THE FOLLOWING PENALTIES: Exhibit 2 Page I of2 City Manager 764-3 701· City Attorney 764-3703 · Community Development 764-3750· Finance 764-3717· Fire 765-2204 Municipal Services 764-378 3 · Municipal Court 764-3701' Parks & Recreation 764-3805· Police 764-3887 · Fax 764-3739 401 S Balsam 51.· 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. [1.20.050(E)(I)). 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 TIDS 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 TIDS MATTER WILL BE REFERRED TO THE CITY ATTORNEY FOR CIVIL ENFORCEMENT BY INJUNCTION OR OTHER APROPRIA TE ACTION. Dated this Tuesday, August 20, 2013 Brett Hollen Code Enforcement City of Moses Lake 509-764-3748 Exhibit 2 Page 2 of2 Exhibit 3 Page I 00 \ \ \ , . , .j October, 07, 2013 Markova Living Trust 13145 Trail Dust Ave San Diego, Ca. 92129 .:r",MUl CITY OF HOSES LAKE Re: Hearing to Permit City Abatement of Nuisance Property located at: 2003 S Beaumont Dr, Parcel 101624000, Moses Lake, WA 98837 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 ofreal 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, August 20, 2013 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 October 08, 2013, 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, October 22,2013 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 P ARTICIP ATE 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, 40 IS. Balsam, Moses Lake, WA, phone 509-764-3701. Sincerely, ~ 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 October 16, 2013 TO : City Manager for Council Consideration FROM: Community Development Director SUBJECT: Resolution -Nuisance Abatement -Reyes Attached is a resolution providing for the abatement of nuisances at 2225 S. Claremont, owned by Enriqueta Reyes. 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 Community Development Director GAjt RESOLUTION NO. A RESOLUTION DETERMINING THAT ENRIQUETA G. REYES IS THE OWNER OF CERTAIN REAL PROPERTY WITHIN THE CITY; THAT A NUISANCE REQUIRING ABATEMENT BY CITY FORCES OR FORCES CONTRACTED BYTHE 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 2225 S. Claremont Court (Lot 42, Montlake Addition #6), Parcel #101833000, Moses Lake, Washington, is the site of public nuisance violations of Moses Lake Municipal Code (MLMC) 8.14.030. The records of Grant County shows the owner of the subject property to be Enriqueta G. Reyes, 2225 Claremont Court, Moses Lake, WA 98837. 2. Notice. On August 20, 2013 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 October 7, 2013 the Code Enforcement Officer caused to be delivered to Enriqueta Reyes a notice of the intent of the City Council to consider adoption of a resolution such as this at its meeting of October 22, 2013. Such notice was in writing, in the English language and was delivered by return receipt mail and regular mail to the record owner of the subject property. 3. Violations. It has been established by the Notice of Violation and Order to Correct or Cease Activity that the following violations exist on the subject property and have not been corrected: 3.1 A violation of MLMC 8.14.030 M. 5. and U. -Nuisance Defined. Each of the following conditions , unless otherwise permitted by law, is declared to constitute a public nuisance, and whenever the Code Enforcement Officer determines that any of these conditions exist upon any premises or in any stream, drainage way or wetlands, the officer may require or provide for the abatement thereof pursuant to this chapter. M. The erecting, maintaining, using, placing , depositing, leaving or permitting to be or remain in or upon any private lot, building, structure or premises, or in or upon any street, alley, sidewalk, park, parkway or other public or private place in the city, any one or more of the following disorderly, disturbing, unsanitary, fly-producing, rat- harboring, disease-causing places, conditions or things: 5. Any poison oak or poison ivy, Russian thistle or other noxious weeds, as defined by Chapter 8.22 of the Moses Lake Municipal Code entitled "Noxious Weed Control" whether growing or otherwise; but nothing herein shall prevent the temporary retention of such weeds in approved covered receptacles. U. Except for any designated public park land, natural area, or environmentally sensitive area, or any undeveloped parcels of land not adjacent to developed areas or which are used for agricultural purposes, all grasses, weeds, or other vegetation RESOLUTION NO. Page 2 October 22, 2013 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 October 22, 2013 the Moses Lake City Council conducted a hearing to consider the allegations of the Code Enforcement Officer that the subject property contains a public nuisance ordered corrected which remains uncorrected and that the record owner is responsible for the costs of correcting and abating such violations if such corrections and abatement is accomplished by City forces or forces contracted by the City for such purpose. All interested persons were permitted to provide written or oral evidence relevant to the issue. 5. Evidence: 5.1. The following persons testified under oath: Rick Rodriguez, Moses Lake Code Enforcement Officer 5.2. The following exhibits were made a part of the record of the proceedings: Resolved: EXHIBIT #1 : Moses Lake Municipal Code Chapter 8.14.030 EXHIBIT #2: Notice of Violation and Orderto Correct or Cease Activity dated August 20, 2013 from the Code Enforcement Officer addressed to Enriqueta Reyes, 2225 S. Claremont Ct, Moses Lake, WA 98837. EXHIBIT #3: Pictures taken by Code Enforcement Officer of the property located at 2225 S. Claremont Ct, Moses Lake, Washington. EXHIBIT #4: Letter dated October 7, 2013 from the Code Enforcement Officer to Enriqueta Reyes advising the property owner of the hearing regard ing abatement of property, scheduled for October 22, 2013. 1. A public nuisance in violation of MLMC 8.14.030 M. B. and U. exists on the subject property at 2225 S Claremont Ct, Moses Lake , Washington. Enriqueta Reyes 2225 S. Claremont Ct. Moses Lake, WA 98837 is the record contract owner of the subject property per the records of Grant County. RESOLUTION NO. Page 3 October 22, 2013 2. The public nuisance located upon the subject property consists of: 2.1. Existence of Koch ia, a noxious weed 2.2 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. Enriqueta Reyes, 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 Eradication of weeds 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 October 22, 2013. Dick Deane, Deputy, 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 anyone 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. 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, anyone 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 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 orempty 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 . O. 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 wh ich 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 po le, 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. DO. 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 forthe 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 bu ilding 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 nu isance 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 , '.I ',' , CITY OF MOSES LAKE CITY OF MOSES LAKE NOTICE OF VIOLATION AND ORDER TO CORRECT OR CEASE ACTIVITY TO: Enriqueta Reyes 2225 S Claremont Ct 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: 2225 S Claremont Ct, Moses Lake, W A 98837 Brief Legal Description of Property Where Violation Exists: Lot 42 Montlake ADD # 6 101833000 YOU ARE HEREBY ORDERED TO CORRECT OR CEASE THE ACTIVITY AS FOLLOWS: Action Necessary to Correct Violation: Weeds must be eradicated from this property. 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, August, 30, 2013 YOU ARE FURTHER NOTIFIED THAT THE MOSES LAKE CITY CODE PROVIDES FOR THE FOLLOWING PENALTIES: Exhibit 2 Page 1 of2 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 764-3 805 · Police 764-3887· Fax 764-3739 401 S Balsam St., P.O. Drawer 1579· Moses Lake, WA 98837-0244· www.cityofml.com . :' I. 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. [1.20.050(E)(1)]. 2. If a penalty has been assessed pursuant to 1.20.050(E)(1), a Court shall assess that penalty and any additional penalty the Court considers appropriate plus court costs and attorney's fees. YOU MAY APPEAL THIS NOTICE AND ORDER TO THE HEARING EXAMINER WITHIN TEN (1 0) 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 VIOLA nON IS NOT CORRECTED AS SPECIFIED HERIN THIS MA TIER WILL BE REFERRED TO THE CITY ATTORNEY FOR CIVIL ENFORCEMENT BY INJUNCTION OR OTHER APROPRIA TE ACTION. Dated this Tuesday. August 20, 2013 Brett Hollen Code Enforcement City of Moses Lake 509-764-3748 Exhibit 2 Page 2 of2 / October, 07, 2013 Enriqueta Reyes 2225 S Claremont Ct Moses Lake, WA 98837 C I TY O F HOSES LAKE Re: Hearing to Pennit City Abatement of Nuisance Property located at: 2225 S Claremont Ct, Parcell 0 1833000, Moses Lake, WA 98837 Via Regular Mail and Return Receipt Mail Enriqueta Reyes 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 42 Montlake ADD # 6. This property is located at: 2225 S Claremont Ct, Parcel 101833000, Moses Lake, WA 98837 On Tuesday, August 20, 2013 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 October 08 , 2013, 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, October 22, 2013 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 detennine 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 oftbe 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 beard 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 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 September 4, 2013 TO: City Manager for Council Consideration FROM: Community Development Director SUBJECT: Resolution -Nuisance Abatement -Womboldt Attached is a resolution providing forthe abatement of nuisances at 1903 W . Marina Drive, owned by Ward and Khanitta Womboldt. 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. Gilbert Alvarado Community Development Director GA:jt RESOLUTION NO. A RESOLUTION DETERMINING THAT WARD AND KHANITTA WOMBOlDT ARE THE OWNERS OF CERTAIN REAL PROPERTY WITHIN THE CITY; THAT A NUISANCE REQUIRING ABATEMENT BY CITY FORCES OR FORCES CONTRACTED BY THE CITY EXISTS ON SUCH PROPERTY; AND DIRECTING THE USE OF SUCH FORCES TO ABATE THE NUISANCE FOUND Recitals: 1. Real Property location and Ownership. It is alleged by a Code Enforcement Officer of the City, a person authorized to enforce the ordinances and municipal code of the City, that the real property located at 1903 W. Marina, Tax #13041, Parcel #110475187, Moses lake, Washington, is the site of public nuisance violations of Moses lake Municipal Code (MlMC) 12.12.060. The records of Grant County show the owners of the subject property to be Ward & Khanitta Womboldt, 637 Rupert Road, Qualicum Beach, British Columbia, Canada. 2 . Notice. On August 6, 2013 the Code Enforcement Officer caused to be delivered by regular mail to the owner of record of the subject property a Notice of Violation and Order to Correct or Cease Activity. No appeal was filed to challenge that order. The time to comply under that order has passed. The nuisance described in that order has not been abated by correction of the condition of the property and a nuisance continues to exist on the subject property. On September 11 , 2013 the Code Enforcement Officer caused to be delivered to Ward & Khanitta Womboldt a notice of the intent of the City Council to consider adoption of a resolution such as this at its meeting of September 24, 2013. 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. The property owner was notified that the hearing was rescheduled for October 8, 2013 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 12.12.060 -Duty to Maintain Sidewalks: A. The owner or occupier of property that abuts sidewalks or abuts dedicated city right-ot-way or deeded city property adjacent to sidewalks shall bear the duty and expense of maintaining sidewalks in a good state of repair, free from obstructions, and in a clean condition . However, the city shall bear the duty and expense to repair sidewalks in the Paver District that are constructed with concrete brick pavers, and all sidewalks that were constructed of concrete brick pavers through city participation . For sidewalks to be in a good state of repair, the sidewalks shall not have any vertical differences of one inch (1") or greater; and they shall not have any contiguous areas of spalling greater than four (4) square feet. Exposed aggregate in existing sidewalks shall be considered spalling when the surface wear measures one- quarter inch (1/4") or greater in differential elevation. B. The city may participate in sidewalk repairs for sidewalks that are wider than six feet (6'). Such participation may be made for sidewalk repairs that are within the right-of-way and that are beyond the first six feet (6') of sidewalk nearest to the curb. Such participation is valid only if the city has provided written pre-approval for the sidewalk repairs. When the city agrees to participate with sidewalk repairs for over-width sidewalks, the owner will pay the contractor for the full repairs; and the city will make payment directly to the owner for pre- approved sidewalk repairs after the owner has provided a paid invoice from their contractor. C. Chapter12.20 of the Moses Lake Municipal Code provides requirements for sidewalk service requirements. RESOLUTION NO. Page 2 4. Hearing. On October 8, 2013 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: Resolved: EXHIBIT#1 : Moses Lake Municipal Code Section 12.12060 EXHIBIT #2: Notice of Violation and Order to Correct or Cease Activity dated August 6, 2013 from the Code Enforcement Officer addressed to Ward & Khanitta Womboldt, 637 Rupert Road , Qualicum Beach BC V9K 1 R3 EXHIBIT #3: Pictures taken by Code Enforcement Officer of the property located at 1903 W. Marina, Moses Lake, Washington . EXHIBIT #45: Letter dated September 11 , 2013 from the Code Enforcement Officer to Ward & Khanitta Womboldt advising the property owner of the hearing regarding abatement of property, scheduled for September 24 , 2013 and was notified that the hearing was rescheduled to October 8, 2013. 1. A public nuisance in violation of MLMC 12 .12.060 exists on the subject property at 1903 W. Marina, Moses Lake , Washington. Ward & Khanitta Womboldt, 637 Rupert Road, Qualicum Beach, BC V9K 1 R3 are the record contract owners of the subject property per the records of Grant County. 2. The public nuisance located upon the subject property consists of: 2.1. Sidewalk needing replacement or repair 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. Ward & Khanitta Womboldt, the record contract owners, have fifteen (15) days from the date of the adoption of this resolution to cause the nuisance violations listed herein to be removed to the satisfacti on of the Code Enforcement Officer. Those improvements include the following: 4.1 Repair or replace sidewalk RESOLUTION NO. Page 3 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 regular mail after its approval by the City Council. Adopted by the City Council on Bill J. Ecret, Mayor ATTEST: W. Robert Taylor, Finance Director 12.12.060 Duty to Maintain Sidewalks: A. The owner or occupier of property that abuts sidewalks or abuts dedicated city right-of-way or deeded city property adjacent to sidewalks shall bear the duty and expense of maintaining sidewalks in a good state of repair, free from obstructions, and in a clean condition. However, the city shall bear the duty and expense to repair sidewalks in the Paver District that are constructed with concrete brick pavers, and all sidewalks that were constructed of concrete brick pavers through city participation. For sidewalks to be in a good state of repair, the sidewalks shall not have any vertical differences of one inch (1") or greater; and they shall not have any contiguous areas of spalling greater than four (4) square feet. Exposed aggregate in existing sidewalks shall be considered spalling when the surface wear measures one- quarter inch (1/4") or greater in differential elevation . B. The city may participate in sidewalk repairs for sidewalks that are wider than six feet (6'). Such participation may be made for sidewalk repairs that are within the right-of-way and that are beyond the first six feet (6') of sidewalk nearest to the curb. Such participation is valid only if the city has provided written pre-approval for the sidewalk repairs. When the city agrees to participate with sidewalk repairs for over-width sidewalks, the owner will pay the contractor for the full repairs; and the city will make payment directly to the owner for pre-approved sidewalk repairs after the owner has provided a paid invoice from their contractor. C. Chapter12.20 of the Moses Lake Municipal Code provides requirements for sidewalk service requirements. Exhibit 1 Page 1 of 1 CITY Of MOSES LAKE CITY OF MOSES LAKE NOTICE OF VIOLATION AND ORDER TO CORRECT OR CEASE ACTMTY TO: Ward & Khanitta Womboldt 637 RupertRD Qualicum Beach BC V9K IR3 NOTICE OF VIOLATION Provisions ofthe City of Moses Lake Code Violated: Moses Lake Municipal Code 12.12.060 Street Address of Violation: 1903 W Marina, Moses Lake, W A 98837 Brief Legal Description of Property Where Violation Exists: See assessor log 110475187 YOU ARE HEREBY ORDERED TO CORRECT OR CEASE THE ACTIVITY AS FOLLOWS: Action Necessary to Correct Violation: Sidewalk needs to be replaced or repaired to correct the Spalling or exposed aggregtate surface. 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, September, 05, 2013 YOU ARE FURTHER NOTIFIED THAT THE MOSES LAKE CITY CODE PROVIDES FOR THE FOLLOWING PENALTIES: Exhibit 2 Page I of2 City Manager 764·3701· City Attorney 764·3703 · Co=unity Development 764·3 750· Finance 764·3717· Fire 765·2204 Municipal Services 764-3783 · Munidpal COUIt 764-3701 · Parks & Recreation 764-3805 · Police 764-3887 ' Fax 764·3739 4015 Balsam St.· P.O. Drawer 1579 · Moses Lake, WA 9BB37-0244· www.cityofml.com I. 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. [1.20.050(E)(I»). 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 TIllS NOTICE AND ORDER TO THE HEARING EXAMINER WITIIIN TEN (l0) 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 TIDS MATTER WILL BE REFERRED TO THE CITY ATTORNEY FOR CIVIL ENFORCEMENT BY INJUNCTION OR OTHER APROPRIATE ACTION. Dated this Tuesday, August 06, 2013 Clair Harden Code Enforcement Officer 1 City of Moses Lake 509-764-3746 Exhibit 2 Page 2 of2 Exhibit 3 Page 1 of3 Exhibit 3 Page 2 of3 .- ~.-.... ~ ~ -- -,~ .;. .. -:y • ~ "'. Exhibit 3 Page 3 of3 September, 11,2013 Ward & Khanitta Womboldt 637 Rupert RD Qualicum Beach BC V9K 1R3 Re: Hearing to Permit City Abatement of Nuisance Property located at: 1903 W Marina, Parcel 110475187, Moses Lake, WA 98837 Via Regular Mail and Return Receipt Mail Ward & Khanitta Womboldt 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: See assessor log. This property is located at: 1903 W Marina, Parcel 110475187, Moses Lake, WA 98837 On Tuesday, August 06, 2013 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 September 10,2013, 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 24, 2013 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. Code Enforcement Officer I cc: City Manager City Attorney Community Development Director Exhibit 4 October 17, 2013 Honorable Mayor and Moses Lake City Council Dear Council Members CI T Y OF MOSES LAKE Provided is the petition for annexation with regard to property adjacent to Patton Bou levard north of 22nd Avenue and south of Randolph Road. The petition has been drafted pursuant to the acceptance of the Notice of Intent to Commence Annexation Proceedings. Titan/Server Farm Realty has joined in the Petition to Annex. The proposed annexation consists of approximately 61 .5 acres with an assessed valuation of approximately $10.3 million. The petition is presented to you for your consideration. Respectfully s mitted 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 PETITION FOR ANNEXATION TO : City Council , City of Moses Lake Date: ___ '....;.0_-_, ,-,--_'-=.3 __ _ We, the undersigned, the legal owners of property, according to the records of the Grant County Assessor, do hereby petition the below described property be annexed by the City of Moses Lake, and be included within the boundaries of said city . Said annexation is sought pursuant to RCW 35A.14.120 -.150. Legal Description: See Attached Parcel Nos. included within legal description: 171039000,313437001,313437000,312227000, 312228000, 313436000, 313435000, 313434000, 171049026, 122051000, 122052000, 122052001 , 171049013, 311583000, 171044001 , 121089045, 122053000, 122054000, 122055000, 122056000, 122057000, 122058000, 122061000, 122062000, 122063000, 122064000, 122065000, 122066000, and 122067000 WARNING Every person who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seeking an election when he or she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, orwho makes herein any false statement, shall be guilty of a misdemeanor. Signature Dated: Dated: __ ---"-=0'---'....' '7-,---...:,~3,-----__ Dated: __ -,-I=-D _~-,-1 -,7_-...!./~3,--__ Dated: __ ..:...t .::...O_-..:....II-'----'-I .J.~ __ _ Name and Address and Date K. Gavinski, act for James Dated: __ ...L)-"=b_-...c,....:,'---------!/_5"'--__ Dated: _---'-{=-o _-....:1'--7-'------_' ___ ?'-----__ Dated: __ --','--'o'----...:.I--'J'------'-'_3L-__ Dated : __ -=-'.:...o_-...:.'_''----=-' 3...L. __ _ Dated: ___ I_CJ_-_I_,-,---1:-3",,-__ Dated : ___ I 0_-1_7-'------....:' 3"-----__ Dated : __ ---'{_O_-_( ,-'---..'-1_3-<-__ ph K. Gavinski, Fact for Ronald Legal Description Those portions of the Northwest quarter of Section 4, Township 19 North, Range 28 East, the Southea st quarter of Section 32, Township 20 North, Range 28 East and the Southwest quarter of Section 33, Townsh ip 20 North, Range 28 East, W.M., Grant County, Washington, more particularly described as follows: Beginning at the most Westerly corner of Lot 2, ASPI Commerce Park Short Plat, recorded in Book 9, pages 41 and 42, records of Grant County, Washington; Thence along the South and East right-of-way (ROW) boundary of 220d Avenue the following five (5) courses: • NS3'S2'OS"E, 362.65 feet to the point of curvature of a 369.46 foot radius curve; • Thence along the arc of said curve to the left through a central angle of 41'05 '16", a distance of 264.95 feet; • Thence N67'40'38"W, 10.14 feet to the point of curvature of a 359.46 foot radius non-tangent curve; • Thence along the arc of said curve to the left through a central angle of 13'46'53", a distance of 86.46 feet, whose chord bears NOS'38'4S"E, 86 .25 feet; • Thence NOl"l1'21"W, 710.55 feet; Thence S88'48'39"W, 60.00 feet to the point of curvature of a 355.10 foot radius non-tangent curve with a starting radial bearing of N43'29'48"E, said point being on the West ROW of said 22 0d Avenue, and also being the Northeasterly corner of J. Barney Industrial Plat, recorded in Book 16 of plats, pages 14 through 16, records of said Grant County; Thence along the North and Ea st boundaries of said J. Barney Industrial Plat the following five (5) courses : • Thence along the arc of said curve to the left through a central angle of 05'58'40", a distance of 37.05 feet; • Thence NS3'33'lS"W, 99.50 feet to the point of curvature of a 455.10 foot radius curve; • Thence along the arc of said curve to the right through a central angle of 08'26'39", a distance of 67.07 feet; • Thence S89'06'10"W, 669 .88 feet; • Thence NOO'S6'SS"W, 953.88 feet to the Southeast corner of a parcel of land described in Special Warranty Deed, Auditor's File Number (AFN) 1230872, records of said Grant County, and shown on Record of Survey, Book 37, page 67 and 68, records of said Grant County; Thence along the East boundary of said parcel NOO'S6'SS"W, 463.59 feet to the South ROW of Randolph Road (formerly Dover Street); Thence along said south right-of-way S89'07'3S"W, 665.01 feet to the centerline of Patton Boulevard (formerly 5th Street); Thence continuing along said South ROW S89'12'S7"W, 30.00 feet to the Northeast corner of a parcel of land described in Statutory Warranty Deed, AFN 1098148, records of said Grant County and shown on Record of Survey, Book 40, page 32, re cords of said Grant County; Thence continuing along sa id South ROW S89 '12'S7"W, 390.07 feet to the northwest corner of said parcel; Thence along the West boundary of said parcel SOO'S2'24"E, 694.41 \\Eng~Server\drawings\working\surveY\annex\J Barney & Jan Marie Annex feet to the North boundary of Jan Marie Short Plat, recorded in Book 11, pages 84 and 85, records of said Grant County; Thence along the North and West boundaries of said Jan Marie Short Plat the following five (S) courses: • S89°03'3S"W, 199.66 feet; • Thence SOooS7'S8"E, 227.45 feet; • Thence S89°02'SS"W, 409.93 feet; • Thence S12°29'S4"W, 32.00 feet to the point of curvature of a 299.96 foot radius curve; • Thence along the arc of said curve to the right through a central angle of Oso13'16", 27.33 feet to the most Northerly corner of a parcel of land described in Statutory Warranty Deed, AFN 1038370, records of said Grant County, and shown as "Parcell" on said Jan Marie Short Plat, and the point of continuance of said 299.96 foot radius curve; Thence along the North, West and South boundaries of said "Parcell" the following five (S) courses: • Thence along the arc of said curve to the right through a central angle of 43°38'02",228.44 feet; • Thence S61°21'12"W, 269.74 feet; • Thence S30012'16"E, 190.76 feet to the North ROW of Craig Boulevard; • Thence NS9°31'44"E along sa id ROW, 221.87 feet to the poin t of curvature of a 900.60 foot radius curve; • Thence along the arc of said curve to the right through a central angle of 12°34'07",197.56 feet to the Southwest corner of Lot 1, of said Jan Marie Short Plat, and the continuance of said 900.60 foot radius curve; Thence along the South boundary of said Jan Marie Short Plat the following five (5) courses: • Thence along the arc of said curve to the right through a central angle of 40°09'18",631.17 feet; • Thence S67°46'39"E, 111.12 feet; • Thence S67°3S'00"E, 114.62 feet to the point of curvature of a 123.08 foot radius curve; • Thence along the arc of said curve to the left through a central angle of 37"14'20",79.99 feet; • Thence N68°33'46"E, 22 .98 feet; Thence continuing N68°33'46"E, 103.48 feet to the East ROW of Patton Boulevard, and the point of curvature of a 647.59 foot radius non-tangent curve; Thence along the arc of said curve to the left through a central angle of 04°27'S6" along said East ROW, a distance of S0.47 feet, whose chord bears S20023'37"E, SO.46 feet to the Southerly most corner of a parcel of land described in Statutory Warranty Deed, AFN 911008012; Thence along the Southeast boundary of said parcel NS9°S3'08"E, 135.26 feet to the Southwesterly boundary ofTurnkey Road extended, as shown on Record of Survey, Book 54, Pages 62 and 63, records of said Grant County; Thence S30029'27"E, 6.63 feet to the Westerly most corner of said Turnkey Road ROW; Thence along the North and Northeasterly ROW of said Turnkey Road the following five (5) courses: • NS9°30'SO""E, 40.00 feet to the point of curvature of a 40.00 foot radius curve; • Thence along the arc of said curve to the right through a central angle of 138°23'35", 96.62 feet to the point of curvature of a 20.00 foot reverse curve; \\Eng-Server\drawings\working\survey\annex\J Barney & Jan Marie Annex • Thence along the arc of said curve to the left through a central angle of 47°57'30", a distance of 16.74 feet; • Thence S30003'05"E, 249.71 feet; • Thence S30029'08"E, 1277.10 feet to the southwesterly most corner of Lot 11, of said J. Barney Industrial Plat; Thence continuing S30029'08"E, 99.99 feet to the Southeasterly ROW of 220d Avenue; Thence N53°52'05"E along said Southeasterly ROW, 23.83 feet to the Point of Beginning. \\Eng-Server\drawings\working\survey\annex\J Barney & Jan Marie Annex PETITION FOR ANNEXATION TO: City Council, City of Moses Lake october 17, 2013 Date: __________ _ We, the undersigned, the legal owners of property, according to the records of the Grant County Assessor, do hereby petition the below described property be annexed by the City of Moses Lake, and be included within the boundaries of said city. Said annexation is sought pursuant to RCW 35A.14.120 -.150. See Attached Parcel Nos. included within Legal Description: 171049024 and 171055008 WARNING Every person who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seeking an election when he or she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. Signature Dated: ___ A_V_"_e_r_p_ap_o_u_ch_a_d_o ____ _ Name and Address and Date By -=:--...,-~~. ,.-::-:o;c-,----- RS Titan -Lotus LLC, Etal 999 N. Sepulveda Blvd. Suite 600 EI Segundo, CA 90245 For Parcel Nos: 171049024 171055008 Legal Description Those portions of the Northwest quarter of Section 4, Township 19 North, Range 28 East, the Southeast quarter of Section 32, Township 20 North, Range 28 East and the Southwest quarter of Section 33, Township 20 North, Range 28 East, W.M., Grant County, Washington, more particularly described as · follows: Beginning at the most Westerly corner of Lot 2, ASPI Commerce Park Short Plat, recorded in Book 9, pages 41 and il2, records of Grant County, Washington; Thence along the South and East right-of-way (ROW) boundary of 22,d Avenue the following five (5) courses: • N53'52'05"E, 362 .65 feet to the point of curvature of a 369.46 foot radius curve; • Thence along the arc of said curve to the left through a central angle of 41·05'16", a distance of 264.95 feet; • Thence N67'40'38"W, 10.14 feet to the point of curvature of a 359.46 foot radius non-tangent curve; • Thence along the arc of said curve to the left through a central angle of 13'46'53", a distance of 86.46 feet, whose chord bears N05'38'45"E, 86.25 feet; • Thence N01'll'21"W, 710.55 feet; Thence S88'48'39"W, 60.00 feet to the point of curvature of a 355.10 foot radius non-tangent curve with a starting radial bearing of N43'29'48"E, said point being on the West ROW of said 22"' Avenue, and also being the Northeasterly corner of J. 8arney Industrial Plat, recorded in Book 16 of plats, pages 14 through 16, records of said Grant County; Thence along the North and East boundaries of said J. Barney Industrial Plat the following five (5) courses: • Thence along the arc of said curve to the left through a central angle of 05'58'40", a distance of 37.05 feet; • Thence N53'33'15"W, 99.50 feet to the point of curvature of a 455.10 foot radius curve; • Thence along the arc of said curve to the right through a central angle of 08'26'39", a distance of 67.07 feet; • Thence 589'06'1O"W, 669.88 feet; • Thence NOO'56'55"W, 953.88 feet to the Southeast corner of a parcel of land described in Special Warranty Deed, Auditor's File Number (AFN) 1230872, records of said Grant County, and shown on Record of Survey, Book 37, page 67 and 68, records of said Grant County; Thence along the East boundary of said parcel NOO'56'55"W, 463.59 feet to the South ROW of Randolph Road (formerly Dover Street); Thence along said south right-of-way 589·07'35"W, 665.01 feet to the centerline of Patton Boulevord (formerly 5th Street); Thence continuing along said South ROW S89'12'57"W, 30.00 feet to the Northeast corner of a porcel of land described in Statutory Worranty Deed, AFN 1098148, records of said Grant County and shown on Record of Survey, Book 40, page 32, records of said Grant County; Thence continuing along said South ROW S89'12'57"W, 390.07 feet to the northwest corner of said parcel; Thence along the West boundary of said parcel SOO'52'24"E, 694.41 \\Eng-Server\drawlngs\working\surveY\annex\J Barney & Jan Marie Annex feet to the North boundary of Jan Marie Short Plat, recorded in Book 11, pages 84 and 85, records of said Grant County; Thence along the North ilnd West boundaries of said Jan Marie Short Plat the following five (5) courses: • S89'03'35"W, 199.66 feet; • Thence SOO'57'58"E, 227.45 feet; • Thence S89'02'55"W, 409.93 feet; • Thence S12'29'54"W, 32.00 feet to the point of curvature of a 299.96 foot radius curve; • Thence along the arc of said curve to the right through a central angle of 05'13'16",27.33 feet to the most Northerly corner of a parcel of land described in Statutory Warranty Deed, AFN 1038370, records of said Grant County, and shown as "Parcell" on said Jan Marie Short Plat, and the point of continuance of said 299.96 foot radius curve; Thence along the North, West and South boundaries of said "Parcell" the following five (5) courses: • Thence along the arc of said curve to the right through a central angle of 43'38'02",228.44 feet; • Thence S61'21'12"W, 269.74 feet; • Thence S30'12'16"E, 190.76 feet to the North ROW of Craig Boulevard; • Thence N59'31'44"E along said ROW, 221.87 feet to the point of curvature of a 900.60 foot radius curve; • Thence along the arc of said curve to the right through a central angle of 12'34'07", 197.56 feet to the Southwest corner of Lot 1, of said Jan Marie Short Plat, and the continuance of said 900.60 foot radius curve; Thence along the South boundary of said Jan Marie Short Plat the following five (5) courses: • Thence along the arc of said curve to the right through a central angle of 40'09'18",631.17 feet; • Thence S67'46'39"E, 111.12 feet; • Thence S67'35'00"E, 114.62 feet to the point of curvature of a 123.08 foot radius curve; • Thence along the arc of said curve to the left through a central angle of 37'14'20", 79.99 feet; • Thence N68'33'46"E, 22.98 feet; Thence continuing N68'33'46"E, 103.48 feet to the East ROW of Patton Boulevard, and the point of curvature of a 647.59 foot radius non-tangent curve; Thence along the arc of said curve to the left through a central angle of 04'27'56" along said East ROW, a distance of 50.47 feet, whose chord bears S20'23'37"E, 50.46 feet to the Southerly most corner of a parcel of land described in Statutory Warranty Deed, AFN 911008012; Thence along the Southeast boundary of said parcel N59'53'08"E, 135.26 feet to the Southwesterly boundary ofTurnkey Road extended, as shown on Record of Survey, Book 54, Pages 62 and 63, records of said Grant County; Thence S30'29'27"E, 6.63 feet to the Westerly most corner of said Turnkey Road ROW; Thence along the North and Northeasterly ROW of said Turnkey Road the following five (5) courses: • N59'30'50""E, 40.00 feet to the point of curvature of a 40.00 foot radius curve; • Thence along the arc of said curve to the right through a central angle of 138'23'35", 96.62 feet to the point of curvature of a 20.00 foot reverse curve; \\Eng-Serve r\drawings\worklng\survey\annex\} Barney & Jan Marie AnneK • Thence along the arc of said curve to the left through a central angle of 47"57'30", a distance of 16.74 feet; • Thence S30·03'05"E, 249.71 feet; • Thence S30·29'08"E, 1277.10 feet to the southwesterly most corner of Lot 11, of said J. Barney Industrial Plat; Thence continuing S30·29'08"E, 99.99 feet to the Southeasterly ROW of 22" Avenue; Thence NS3·S2'OS"E along said Southeasterly ROW, 23.83 feet to the Point of Beginning. \\En8~Seryer\drawings\worklng\surveY\annex\J Barney & Jan Marie Annex _U.ITME wc:: CtW'MAAL.. LP """'" $643,06&00 (1153,300 00) CHAPAAAP.L HOUSING LTO PTN8HP 1l104f028 ......... (17)> 5&5.00, \ ) CI TY OF MOSES LAKE ....... .II PERDI..e 171031000 111,10000 (IHt,420OD) lIMY E .. ....,. UI'W.L 313431000 t17.IOOOO (1100136 00) lIMY ,& JIIH .. HALl. 31")8000 "'''' .. (lIlUM OO) RS TITAN -LOTUS LLC ET AL 171049024 $5,767,39500 ($5,UMS(I.00) RS TITAN · LOTUS C ET H. '71055008 '42.'0000 ($116,5250 P ~ETN.. 12:1051000 1,3U OOOO (111'6.&1500) RI m AN . LOTVS u.e ET AL ,,,..,,.. Sl7.G4(I 000 "" .... .., PUD ORNfTCOUNTY ", .. , .. , SCOTT L&LESLlEERAMSDEN ~7CMOOO 171049013 (IN 11000) $1,330,16000 (S9~.240 00) '"IS L 1\ VIRGINIA M BARNIY 3115113000 SI6,720.00 (S71 ,875 00) JAMES L .. ~INIA M BNtNEY BAR"'" 17104001 $15,000 00 ($15,OOOJlOl ,-..... 11500 (17UIOOO) ~""""BARNEY \ \ 1210569045 $1,7"0.00 ($1,740.00) i • ./NiIE8 L" VIftOINA M IIMHlY ''''''''' 140,000 .• ... .,..., ..,..., L • 'Io'IftGIrM M IIMNEY ''''''''' .2171&00 (Mr.,o.oOI BELLE ENrERf'RlSl' INC IZM 1000 on..,. .. ($41.11&001 I!IIEUl ~s INC ,,,..... m .ttooo 1'41._00) BEIJ.£ ENI'lAPfIII!EI IfoK: ,-S3tJOOOO (t38,''''001 ! I JAMES L l'*'GINA MIAMEY ''''''"'' $42.00000 ($tI 13600) Legend _ EXTRATERRITORIAL AGREEMENT C.:] UGA BOUNDARY LAKE TOTAL MARKET VALUE 2013 (2014) ',:. .. =".!-.. = ...... ".o Feel [.:::J CITY LIMITS Document P.th; \\Gis_nrver'ogis\M.p Reques\$\Patton AMtlGltion.mxd This is a summary report, created to give you a universal look at your losses as compared to the group average of other members in the same actuarial group as of 12/31/2012. The data analyzed includes the time frame from 1/1/2008 through 12/31/2012. The dollar amounts in this report include loss INDEMNITY PAYMENTS (paid to claimants/plaintiffs), LEGAL FEES (attorney fees and related expenses) as well as CURRENT RESERVES on any open claims/lawsuits as of 12/31/2012. Please keep in mind that any claim or lawsuit that was open as of 12/31/2012 may ultimately result in additional dollars having been paid in indemnity and/or legal fees. The number of claims shown indicates all claims and lawsuits whether they were paid, denied or tendered to another entity. ACTUARIAL GROUp 4 Members (20) > 400.000 Worker Hours Per Year Auburn (AU) Bothell (Bl) Edmonds (ED) Federal Way (FW) Issaquah (IS) Kirkland (KI) lacey (LA) lakewood (lW) Longview (LO) Marysville (MA) Mercer Island (MI) Moses lake (MS) Olympia (Ol) Pasco (PA) Port Angeles (PO) Puyallup (PU) Renton (RE) Richland (RI) Tukwila (TK) Walla Walla (!IVA) Page 2 Loss Summary I Moses Lake Moses Lake Eq . Group 4 Avg Moses Lake Eq . Group 4 Av Automobile Liability $23,862 $207,424 13 29 Errors & Omissions $3,902 $220,564 2 7 Personnel $0 $184,342 0 2 General Liability $249,349 $495,696 47 115 Public Safety $163,531 $319,486 17 29 TOTALS: $440,644 $1,427,512 79 182 Summary by Year 2008 $90,972 $342,034 21 37 2009 $83,034 $347,283 9 42 2010 $43,542 $281,181 11 39 2011 $158,768 $320,301 25 36 2012 $64,328 $136,713 13 29 TOTALS: $440,644 $1,427,512 79 183 Includes Indemnity, legal fees and expenses and reserves. Totals may vary due to rounding. Page 3 Risk Profile I Moses Lake AC $68,615 $3,625 Exceeds Avg AC 2 0.3 Exceeds Avg AC $34,308 $12,083 Exceeds Avg AD S3,379 $180,930 AD 1 3.75 AD $3,379 $48,248 CL $0 $30,405 CL 0 2.59 CL $0 $11 ,739 DR $2,902 5162,465 DR 1 3.8 DR 52,902 $42,754 DS SO SO DS 0 0.05 DS SO $0 FRM $1 ,937 $2,883 FRM 3 1.12 Exceeds Avg FRM $640 $2,574 FRS $1 ,123 $8,439 FRS 1 2.18 FRS $1,123 $3,871 GEN $0 $3,170 GEN a 0.96 GEN $0 $3,302 LI $0 $52 LI a 0.3 LI $0 $173 MA $0 $5,460 MA 1 0.35 Exceeds Avg MA SO $15,600 PO $107,513 $518,744 PO 19 41.48 PO $5,659 $12,506 PR $12,444 $15,361 PR 2 4.51 PR $6,222 $3,406 Exceeds Avg PRM $4,31 4 $20,138 PRM 8 10.19 PRM $539 $1,976 PWE $613 $51 ,999 PWE 2 15.01 PWE $306 $3,464 PWR $0 $19,397 PWR 1 7.71 PWR $0 $2,516 PWS $197,671 $144,722 Exceeds Avg PWS 14 25.3 PWS $14,11 9 $5,720 Exceeds Avg PWSM $11 ,910 $198,117 PWSM 16 47.06 PWSM $744 $4,210 PWW $28,223 S60,561 PWW 8 15.47 PWW $3,528 $3,915 SC SO $272 SC 0 0.2 SC $0 $1 ,360 Total $440,644 $1,426,740 Total 79 182.33 Total $5,578 $7,825 NOTE: The five year worker hour average for Group 4 is 3,298,792. Your five year worker hours are 2,084,441. Oepartment Codes: AC ANIMAL CONTROL AD ADMINISTRATION CL CITY LIGHT DR DEVELOPMENT REVIEW OS DISPATCH FRM FIRE MEDIC FRS FIRE SUPPRESSION GEN GENERAL LI LIBRARY MA MARINA PO POLICE PR PARKS REC PROGRAMS PRM PARKS MAINTENANCE PWE PWENGINEER PWR PW REFUSE PWS PWSEWER PWSM PWSTREETS PWW PWWATER SC SENIOR CENTER Page 4 Loss Severity I Moses Lake I_Me-mber --Group I $600,000 ,---------------------------------------- $500,000 I I $400,000 I , , $300,000 I , , $200,000 I , , $1 00,000 -l~~ I 'i { \. f-- $0 ,. '" z ::; < 0 '" '" w ,. "-u. u. CJ Department Codes: AC ANIMAL CONTROL AD ADMINISTRATION DR DEVELOPMENT REVIEW OS DISPATCH FRS FIRE SUPPRESSION GEN GENERAL MA MARINA PO POLICE PRM PARKS MAINTENANCE PWE PW ENGINEER PWS PWSEWER PWSM PW STREETS SC SENIOR CENTER Page 5 '" ,. w "-'" ;: "-"-'" ;: "- CL FRM LI PR <""," 0;,'" ' .. " '" ;: "- PWR PWW ,. ~ '" ;: "-"- CITY LIGHT FIRE MEDIC LIBRARY PARKS REC PROGRAMS PW REFUSE PWWATER Loss Frequency I Moses Lake Department Codes: AC DR FRS MA PRM PWS SC 1_ Member ........ Group 1 50.0 ~-------------------------------------------------------------------, ~I A 40.0 +-------------------------------------~------------------~~------_1 35.0 H -------------------/----\-------j 30.0 l---l\I----------------I'-----+------i 25.0 t----------------------------------I---\----------4I~-_II_-___4 20.0 19 16 15.0 I • -... 10.0 +----------------------------------/:........j __ -l----4Ii---~....t. 5.0 12---::~::a~~-____:::=__~----j_- o 0.0 o « ANIMAL CONTROL o « DEVELOPMENT REVIEW FIRE SUPPRESSION MARINA PARKS MAINTENANCE PWSEWER SENIOR CENTER ..... o ~ o (/) o AD os GEN PO PWE ::iE ~ u.. PWSM (/) ~ u.. z w (!) :i « ::iE ADMINISTRATION DISPATCH GENERAL POLICE PWENGINEER PWSTREETS Page 6 o a.. ~ a.. ::iE ~ a. w ~ ~ ~ CL FRM LI PR PWR PWW ~ f-tfi I-- ::iE ~ ~ CITY LIGHT FIRE MEDIC LIBRARY o (/) PARKS REC PROGRAMS PWREFUSE PWWATER Average Claim Cost I Moses Lake I_Member ........ G~~pl $60,000 .,-----------------------------------------, S50,000 +1---:;:----------------------------------1 Department Codes: $.4ll,QOO I I \ A S30,000 $20,000 S10,000 $0 ~ o « -' u '" o AC ANI MAL CONTROL OR DEVELOPMENT REVIEW FRS FIRE SUPPRESSION MA MARINA PRM PARKS MAINTENANCE PWS PWSEWER SC SENIOR CENTER " In '" '" U. U. AD OS GEN PO PWE PWSM Z :; « 0 '" " w ~ In " ~ u w " "-"-'" ;:: ;:: In In " "-"-"-"-;:: "-"- ADMINISTRA nON CL CITY LIGHT DISPATCH FRM FIRE MEDIC GENERAL LI LIBRARY POLICE PR PARKS REC PROGRAMS PWENGINEER PWR PW REFUSE PW STREETS PWW PWWATER Page 7 V~ '" nd Q) 0> '" D- Ol L-Od :::J 0 03 I 10 L- Q) )11 ~ ~ 1)1 0 I L-:;; 0 <Il -l" M, Q) ~ S E ~ m Q) c '" Ml ~ 0; Q) 0 ~ <.) L- E 0 0 Q) I~ Q) ,; 0"1" E .. -i'1 a... 0 '" ~ 0 0 ~ 3 0) 0 ~ '" ~ C :;; ci ~ , ~ ; ~ ~ ~ D ..... ~ E = CJ) ~ Q) 0 ::; 0 -'" N " Q) e () 0)(9 m ~ a.~ Q) i5 Q) ~ en Totals may vary due to rounding. Moses Lake Analysis By Loss Type & Severity OAutomobile Liability (5%) • General Liability (57%) Page 9 o Errors & Omissions (1%) • Public Safety (37%) Group 4 ANALYSIS BY LOSS TYPE & SEVERITY 1/1/2008 -12/31/2012 Public Safety (22%), $6,300,265 Personnel (13%), $3,635,220 Totals may vary due to rounding. Automobile Liability (15%), $4,090,395 General Liability (35%), $9,775,129 Page 10 Errors & Omissions (15%), $4,349,531 Totals may vary due to rounding. WCIA ALL MEMBER ANALYSIS ANALYSIS BY LOSS TYPE & SEVERITY 1/1/2008 -12/31/2012 Public Safety(22%), $12,735,828 Personnel(18%), $10,465,083 Page 11 Automobile Liability(13%), $7,416,594 Errors & Omissions(15%), $8,722,096 General Liability(33%), $19,766,783 TOP TEN LOSSES BY FREQUENCY AND SEVERITY BY FREQUENCY BY SEVERITY Page 12 October 11, 2013 TO: City Manager for Council Consideration FROM: Robert Taylor, Finance Director ~ SUBJECT: September Ambulance (cash) Report Please find the attached Cash Report for the Ambulance fund for the month of September, 2013. AMBULANCE CASH OPERATION SEPTEMBER Y-T-D REVENUE Collected on ALS/BLS/mileage $ 106,904.65 $ 1,187,355.73 Utility charge 71,749.87 669,523.78 State grant 1,208.00 Reimbursement from police 179.08 476.46 Reimbursement from police 1,448.01 Reimbursement from fire 92,405.18 total cash received from operations $ 178,833.60 $ 1,952,417.16 EXPENDITURE labor $ 101,133.05 $ 985,025.58 benfits 37,798.41 349,423.40 supplies 2,922.95 37,928.76 services/repairs 24,279.12 180,777.51 transfers 41,019.00 82,038.00 capital purchases 27,899.81 interest 5,726.82 transfers (now part of services above) 287,124.00 total expenditures $ 207,152.53 $ 1,955,943.88 Net income (loss) before G.F. contribution (28,318.93) (5,754.00) contribution from general fund 22,982.00 206,836.00 net income (loss) $ (5,336.93) $ 201,082.00 Cash position Sterling (113,699.62) US Bank 106,785.65 (6,913.97) change in cash from prior month (7,249.39) October 16, 2013 TO: FROM: SUBJECT: City Manager for Council Consideration Community Development Director L~ September Building Activity Report Please see the attached building activity report for the month of September 2013. Also included is the building activity for the 2013 year to date. The following are highlights of the attached report: l. 2. 3. 4. Building permits revenue generated for the month of September: Building permits revenue generated for the year to date: Building permits estimated valuation for the month of September: Building permits estimated valuation for the year to date: $30,089 $245,476 $1 ,862,070 $27,200,636 For the purpose of comparing September 2013 building activity numbers to September 2012 and September 2011 building activity numbers, the following 2012 and 2011 highlights are provided: 2012 5. 6. 7. 8. Building permits revenue generated for the month of September: Building permits revenue generated for the year to date: Building permits estimated valuation for the month of September: Building permits estimated valuation for the year to date: 2011 9. 10. ll. 12. Building permits revenue generated for the month of September: Building permits revenue generated for the year to date: Building permits estimated valuation for the month of September: Building permits estimated valuation for the year to date: $38,443 $268 ,867 $2,986,032 $25,782,571 $26,7 11 $239,031 $1 ,003,899 $22,100,099 October I, 2013 TO: Community Development Director FROM: Planning and Building Technician SUBJECT: September Building Activity Report Attached is the September 2013 building permit statistics for your information. September 2012 and 20 II is attached for comparison. Please call me at Extension #3756 with any questions. cc: City Manager Building Official Municipal Services Director County Assessor File I 'XBPRPT1 CITY OF MOSES LAKE PAGE: 1 B U I L 0 I N G 0 EPA R T MEN T RUN BY: kwoodworth ISSUED BUILDING PERMIT STATISTICS DATE: MON, OCT 1, 2012, 11:15 AM PROM: 09/01/2012 TO: 09/30/2012 ====================================================z:==============:==:================:=::::::::::=====:===============::=e:::::: DESCRIPT~ON A434 RESIDENTIAL ADD AND ALT A437 NONRESIDENTIAL ADD AND C3l8 AMUSEMENT, SOCIAL & REC C320 INDUSTRIAL C321 PARKING GARAGES(BLDGS & C32S PUBLIC WORKS & UTILITIE C326 SCHOOLS & OTHER EDUCATI C327 STORES & CUSTOMER SERVI C328 OTNER NONRESIDENTIAL BU D324 DEMOLISH OPFlCE,BANK,PR M329 STRUCTURES OTHER THAN B M801 MECHANICAL COMMERCIAL M802 MECHANICAL RESIDENTIAL M901 PLUMBING COMMERlCAL M902 PLUMBING RESIDENTIAL R101 slNGLE FAMILY -DETATCHED R102 SINGLE-FAMILY ATTACHED R104 THREE & FOUR FAMILY BUI R438 GARAGES & CARPORTS RESI PERMIT TOTALE: i OF PERMITS ISSUED 09/2012 3 2 0 1 0 0 0 1 1 0 1 2 1 3 13 2 10 1 1 42 # OF PERMITS ISSUED YTD 09/30/2012 27 17 3 10 1 2 1 3 4 1 38 20 12 11 94 18 62 1 4 329 ESTIMATED VALUATION 09/2012 8,663 50,000 0 313,500 0 0 0 0 2,800 0 27,000 0 0 0 0 10 ,956 2,077,137 479,747 16,229 2,986,032 ESTIMATED VALUATION YTD 09/30/2012 242,544 574,456 19,422 7,609,405 5,315,208 290,000 73,030 26,972 52,501 0 143,520 0 0 0 0 10,956 10,883,567 479,747 61,243 25,782,571 e==:::cc:ccc::c:::::::::::::::=:::::::::::::::::::::::=======================================================ec::==::=::::::::::::= 'XBPMTH2 RUN BY: kwoodworth CITY OF MOSES LAKE BUILDING DEPARTMENT MONTHLY BUILDING PERMIT APPLICATIONS PROM: 09/01/2013 TO: 09/30/2013 PAGE: 1 DATE: 10/01/2013 ====:::::=:===:=:::::::::::::::::::::::::=:::=::::::::==========c========:====:==:=========:==:==:====:_=:=:c==c::::c:::::::::::::: PERMIT NUMBER PERMIT TYPE ESTIMATED VALUATION REVIEW-PEES CBARGED STATE-PEES CBARGED PERMIT FEES APPLICATION CBARGED DATE .~----------------------------------------------------------------------.---------------------------------------------------------- 20130298 M329 .00 .00 .00 09/03/2013 20130299 M329 4,000 .00 4.50 103 .75 09/03/2013 20130300 M329 75 19.50 4.50 30.00 09/04/2013 20130301 A437 15,856 .00 4.50 326.75 09/04/2013 20130302 RI0l .00 .00 350.00 09/04/2013 20130303 RI02 174,045 923.16 4.50 1,643.25 09/06/2013 20130304 M901 .00 .00 35 .00 09/06/2013 20130305 RI02 152,383 150 .00 4.50 1,511.05 09/06/2013 20130306 M802 .00 .00 34.00 09/10/2013 20130307 A437 .00 4.50 75.00 09/10/2013 20130308 M329 682 .00 4.50 36.10 09/12/2013 20130309 C320 .00 .00 350.00 09/12/2013 20130310 A437 20,000 .00 4.50 463.75 09/12/2013 20130311 A437 46,000 .00 4.50 609.85 09/12/2013 20130312 R438 17,581 194.83 4.50 326.75 09/12/2013 20130313 RI02 166,622 894.04 4.50 1,573.95 09/13/2013 20130314 RI02 214,765 1,068.76 4.50 1,878.25 09/13/2013 20130315 A437 4,880 76.53 4.50 151. 75 09/17/2013 20130317 M329 .00 4.50 1,000.00 09/23/2013 20130318 M901 .00 .00 27.00 09/20/2013 20130319 RI02 166,622 150.00 4.50 1,573.95 09/20/2013 20130320 RI02 211,003 1,057.84 4.50 1,847.95 09/20/2013 20130321 R102 302,635 1,389.08 4.50 2,431.55 09/20/2013 20130322 R102 182,068 952.28 4.50 1,693.05 09/23/2013 20130323 M329 800 .00 4.50 39.15 09/23/2013 20130324 M329 .00 4.50 75.00 09/23/2013 20130325 M329 12,000 140.23 4.50 215.75 09/23/2013 20130326 M329 2,619 58.33 4.50 89.75 09/23/2013 20130327 Ml29 1,005 31.39 .00 48.30 09/23/2013 20130328 Ml29 480 19.50 4.50 30.00 09/23/2013 20130329 M329 .00 .00 .00 09/24/2013 20130330 Ml29 .00 .00 .00 09/24/2013 20130331 R438 5,976 85 .63 4.50 131. 75 09/25/2013 20130333 A437 10,000 .00 4.50 187.75 09/25/2013 20130334 RI0l .00 .00 350.00 09/26/2013 20130335 A437 4,000 .00 4.50 103.75 09/26/2013 20130336 M902 .00 .00 42.00 09/26/2013 20130337 M901 .00 .00 27.00 09/30/2013 ======z===============================================c===:==::::::===:=::=:===========::====:====:==:=:::::cec==::::c=::c====::=:= REPORT TOTALS: 1,716,097 7,211.10 117.00 19,412.90 c=c====::======::====:::=:=:::==:=:::=====:===================================================================ca:::c=============== TOTAL FEES CHARGED: 26,741.00 ******************************************* Building Permit Fees 2013 Ow, YTO January February March April M" June July August September October Nowmber December Budget (Under) 000-004-32210.000-1000-0000.-0(; Build" Struct. & Equip. 187.929.26 12.421.85 5.378.95 27.659.65 21.085.32 31 .956.56 15,794.73 35,913.25 1 •. 509,50 23.Z09 .• 5 230,000.00 -42,070.74 OOO-OO4-34583-000-1000-0000-0C Plan Checking Fees 57.547.17 3.774.24 2.593.90 4,157.01 7,081.98 4,353.01 14,336.40 5,038.31 B.730,59 6.679.73 75,000.00 -17,452.63 Tot.1 2.45,476.43 16,196.09 7,972.85 32,416.66 28,167,30 36,J09.57 30,133,13 40,951.56 23,240.09 30,089.18 305,000,00 -59,523.57 2012 Ow, YTO J.nu.ry Febru.ry Mall'h April M" June July August September CXtober November December Budget (Under) OOO-OQ4--32210.000.1000-0000-OC Build., Struc!. & Equip, 319.218.25 1,130.40 8.233.40 18.798.95 11,101.35 22.155.50 23,465.15 24.558.90 70.791.95 32.467.18 65.593.64 29.309.75 11,512.08 275.000.00 44,218.25 000-004-34583-00D-loo0-000D-OC Pl.n Checking Fees 95.988.16 35.36 720.02 3.428.29 1.719.87 4.663.26 22,746.86 7.4110.46 9,297,58 5.976.55 33,687.68 4.779.80 1.452.41 65,000.00 10,988.16 Tot.1 415,206.41 1,165.16 8,953.42 22,221.24 12,1121.22 26,818,76 46.212.03 32,139.36 110.089.53 311,443.73 99,281.32 34,0119.55 12,964.49 360.000.00 55,206.41 2011 Ow, YTO January February Mall'h April M" June July August September October November December Budget (Under) 000-004-3221D-000-l000-0000-0C Build" Struct. & Equip. 222,114,90 18,336.45 15,519,95 26.936.21 21,968.40 13.566,55 38,552.75 12.985.60 13,571.68 15,331.15 19,583.81 9,674.10 16,086.25 300,000.00 -77.885.10 000-004-34583-000-1000-0000·0(; Plan Checking Fees 73.099,03 4,124.46 8,790.29 9,482.98 6,588.61 5.571.29 10,092,66 3,893.82 2,824.60 11.380.M 8,954.85 1,394.63 0.00 80,000,00 -6,900.97 Total 295,213.93 22,460,91 24,310.24 36,419,19 28,557,01 19,137.84 48,645,41 16,879.42 16,396.28 26,711.99 28,538,66 11,068.73 16,088,25 380,000.00 -84,786.07 F~es\Suilding PelTTlil Check 1014120133:23 PM CITT OF HOSES LAKE October 14, 2013 To: City Manager, For Council Consideration Subj: Council Financial Report The Council Financial Report for the period ending September 30, 2013 has been posted, for the Council and public review, on the City's website. Respectfully submitted, t£l~ Finance Director City r-.fanager 764-3701 • City Attorney 764-3703 . Community De\·elopment 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. Box 1579 . Moses Lake, WA 98837-0224 . www.cityofml.com October 4 , 2013 TO : City Manager FROM: Assistant Finance Director ~ SUBJECT: Gambling Tax Income Report Attached is the Gambling Tax Report for the revenue received through the third quarter of 2013 . cc : Finance Director Parks and Recreation Director Gambling Tax Revenue -Quarterly Quarter YTD Received 2009 2010 2011 2012 2013 Change Jan-Mar 110,776.46 80,780.01 87,819.69 83,206.45 85,515.54 2.78% 1st Quarter Apr-June 116,486.37 83,202.42 77,954.99 89,736.08 84,058.73 -1 .95% 2nd Quarter July-Sept 92,109.39 76,570.12 70,340.10 76,980.54 81 ,874.87 0.61 % 3rd Quarter Oct-Dec 79,458 .35 76,381 .22 69,284.37 74,322.48 4th Quarter Totals 398,830.57 316,933.77 305,399.15 324,245.55 251 ,449.14 October 11, 2013 TO : City Manager FROM : Assistant Finance Director ~ SUBJECT : Investment Report Attached is the Investment Report for the month of September , 2013 . cc : Finance Director I nvestment Report September, 2013 Investment Investment Amount Interest Purchase Maturity Interest With Type Rate Date Date Earned Investments Outstanding Total Outstanding : $0.00 Investment Maturities Grant County Invest Pool Invest Acct 9,448,932.62 2.07 09/01/13 09/30/13 16,049.05 Wa. State Invest Pool Invest Acct 4,417,437.52 0.12 09/01/13 09/30/13 487.73 Total Maturities: 13,866,370.14 I nvestment Purchases Grant County Invest Pool Invest Acct 9,464,981 .67 10101/13 10/31/13 Wa. State Invest Pool Invest Acct 5,525,583.38 10101/13 10/31/13 Total Purchases: 14,990,565.05 I nvestment Totals Beginning Balance -13,866,370.14 Total Maturities 13,866,370.14 Total Purchases 14,990,565.05 Endinq Balance -14990565.05 I Monthly Interest Earned 16,536.78 -Beginning Balance = Total Outstanding + Total Maturities -Ending Balance = Beginning Balance -Total Maturities + Total Purchases October 7, 2013 Honorable Mayor and Moses Lake City Council Dear Council Members UNUW CITY OF HOSES LAKE Attached is sales tax information for July 2013 sales which the City received on September 30 , 2013. This report indicates the City received $457,908 .37 . The $457,908.37 in receipts for September compares with September 2012 receipts of $407,813.31 . For the year, the 2013 receipts are approximately 9% higher than the 2012 receipts for the same period . Also provided is the transient rental income report for income the City received on September 30, 2013. This report indicates September 2013 income (for July sales) of $62 ,363.32 . This compares with $53,987.68 for the same period in 2012 . For the year, transient rental income receipts are approximately 14% higher than the 2012 receipts for the same period . City Manager 764·370]· City Attorney 764·3703 · Community Development 764·3750 · Finance 764·37]7· Fire 765·2204 Municipal Services 764·3783 · Municipal Court 764·370]· 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 October 4 , 2013 TO : City Manager FROM : Assistant Finance Director ~ SUBJECT : Sales Tax Receipts Attached is the Sales Tax Receipts -Monthly Report for September,2013 . cc : Finance Director Par ks & Recreation Director Sales Tax Receipts -Monthly Month Sales YTD Received Period 2009 2010 2011 2012 2013 Change Jan Nov 423,485.93 373,688.80 367,830.83 403,504.15 401 ,499.05 -0% Feb Dec 575,401.82 560,731 .77 488,453.72 459,218.16 491,341.62 3% Mar Jan 363,518.70 276,352.86 324,247.20 331 ,644.01 373,707.66 6% Apr Feb 346,570.37 330,932.86 368,305.65 350,818.56 364,137.97 6% May Mar 425,086.28 402,951 .97 456,738.86 405,657.25 475,345.89 8% June Apr 428,915.48 384 ,565.04 439,396.45 399,414.06 437,909.92 8% July May 421,462.37 380,216.47 431,750.56 419,629.64 478,822.77 9% Aug June 470,623.43 456,372.87 453,961 .67 432,420.11 460,309.61 9% Sept July 409,860.53 407,935.17 411,796.14 407,813.31 457,908.37 9% Oct Aug 406,419.10 390 ,800.44 446,905.90 455,185.85 Nov Sept 447,607.52 438,011 .36 411,689.43 422,198.39 Dec Oct 378,139.72 394 ,167.42 406,648.97 424,167.87 Totals 5097091 .25 4796727.03 5,007 725.38 4911671 .36 3 940,982.86 October 4 , 2013 TO: City Manager FROM: Assistant Finance Director ~ SUBJECT: Transient Rental Income Report Attached are the Transient Rental Income reports for September , 2013. cc: Finance Director Parks & Recreation Director TRANSIENT RENTAL INCOME -MONTHLY TOTAL RECEIVED MONTH SALES YTD RECEIVED PERIOD 2010 2011 2012 2013 Change JAN NOV 24,816.04 39,728.66 25,073.90 37,239.62 49% FEB DEC 20,136.24 25,155.98 26,277.18 19,145.26 10% MAR JAN 27,491 .94 30,274.86 28,091.94 32,692.16 12% APRIL FEB 27,550.16 35,015.70 22,286.68 22,967.86 10% MAY MAR 40,994.90 31 ,217.30 25,787.06 36,755.64 17% JUNE APRIL 37,657.72 43,150.52 35,334.86 38,830.04 15% JULY MAY 52,719.70 65,576.42 45,674.12 64,910.04 21 % AUGUST JUNE 58,321 .18 57,975.95 55,497.56 49,135.32 14% SEPT JULY 62,545.06 55,399.42 53,987.68 62,363.32 14% OCT AUGUST 61,950.36 62,457.58 57,117.62 NOV SEPT 46,504.36 48,256.58 46,866.78 DEC OCT 30,765.44 37,670.80 34,675.70 TOTALS 491 453.10 531 879.77 456671.08 364039.26