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08282012Part2August 22,2012 TO: City Manager for Council Consideration FROM: Community Development Director SUBJECT: Resolution -Nuisance Abatement -Garcia-Soltero Attached is a resolution providing for the abatement of nuisances at 505 N. Kentucky, owned by Jose & Regina Garcia-Soltero. 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 J ~F<" . ~ . 501 505 50. 513 517 521 525 52. 533 601 605 60. 613 f- o \ \ r-. "'>:-.-," ~~ !II! ' g; .~ ':.' ' ••• ' • it; J 0 -~~ '" ~. " ~-~ 0 \' \ f;j ~ ".... ~.., ",/1.: it; I ! [ • f\ \ ~ ~).~a,.., . 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N U L ~ 5 en -< c 0 N ~ z =i ~ 0"0 r C " Z 0 50 0 (f) ~ <:: Z fji » Q " I ~ m JJ .~ ~ u :t> (f) u _ :: i~ z;';; 0 -< ::: '(,I) "m JJ :-r ~ ~ rn ~ N ,~ elll'l .n. .,,,.,--.1 '-< ,...., .GIAU...,.."" ...... ICO.Wf;" 11111'$1$1$.' (NTVO:F __ ~ RESOLUTION NO. A RESOLUTION DETERMINING THAT JOSE & REGINAV. GARCIA-SOLTERO 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 505 N. Kentucky (Lot 3, Block 1, Sage Vista Second Addition) Parcel #110993687, 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 owners of the subject property to be Jose & Regina V. Garcia-Soltero, 257702 162nd Place SE, Kent, W 98042. 2. Notice. On June 29,2012, the Code Enforcement Officer caused to be delivered by regular mail and certified mail to the owners of record of the subject property a Notice of Violation and Order to Correct or Cease Activity. No appeal was filed to challenge that order. The time to comply under that order has passed. The nuisance described in that order has not been abated by correction of the condition of the property and a nuisance continues to exist on the subject property. On August 10, 2012, the Code Enforcement Officer caused to be delivered to Jose & Regina Garcia-Soltero a notice of the intent of the City Council to consider adoption of a resolution such as this at its meeting of August 28, 2012. Such notice was in writing , in the English language and was delivered by return receipt mail and regular mail to the record owner of the subject property. 3. Violations. It has been established by the Notice of Violation and Order to Correct or Cease Activity that the following violations exist on the subject property and have not been corrected: 3.1 A violation of MLMC 8.14.030 U -8.14.030 -Nuisance Defined. Each of the following conditions, unless otherwise permitted by law, is declared to constitute a public nuisance, and whenever the Code Enforcement Officer determines that any of these conditions exist upon any premises or in any stream, drainage way or wetlands, the officer may require or provide for the abatement thereof pursuant to this chapter. U. Except for any designated public park land, natural area, or environmentally sensitive area, or any undeveloped parcels of land not adjacent to developed areas or which are used for agricultural purposes, all grasses, weeds, or other vegetation growing or which has grown and died, which is determined to be a fire or safety hazard or a nuisance to persons, shall not exceed twelve inches (12") in height measured above the ground. 1. The above exception may be waived and additional maintenance required by the Code Enforcement Officer if he determines such action is necessary to protect the safety of persons or adjoining property. 2. All maintenance shall be done in a manner so that soil stability will not be disrupted or disturbed. Grass, weed , or vegetation control shall not include plowing, discing , or scraping the soil to eliminate the grasses, weeds, or other RESOLUTION NO. Page 2 August 28,2012 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 August 28, 2012 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 Chapter 8.14.030 EXHIBIT #2: Notice To Correct Unsafe or Unlawful Condition dated June 6, 2012 EXHIBIT #3: Notice of Violation and Order to Correct or Cease Activity dated June 29, 2012 addressed to Jose & Regina V. Garcia-Soltero, 25702 162nd Place SE, Kent, WA 98042. EXHIBIT #4: Pictures taken of the property located at 505 N. Kentucky, Moses Lake, Washington. EXHIBIT #5: Letter dated August 10, 2012 from the Code Enforcement Officer to Jose & Regina V. Garcia-Soltero advising the property owners of the hearing regarding abatement of property, scheduled for August 28, 2012. 1. A public nuisance in violation of MLMC 8.14.030 exists on the subject property at 505 N. Kentucky, Moses Lake, Washington. Jose & Regina V. Garcia-Soltero, 25702 162nd Place SE, Kent, WA 98042 are the record contract owners of the subject property per the records of Grant County. 2. The public nuisance located upon the subject property consists of: 2.1. Weeds or grass over 12" high 3. The maintenance of these public nuisance violations on the subject property by the record owner is detrimental to the health, safety, welfare, peace and tranquility of the residents of the City impacting the quality of life and diminishing property values. RESOLUTION NO. Page 3 August 28, 2012 4. Jose & Regina V. Garcia-Soltero, the record contract owners, have fifteen (15) days from the date of the adoption of this resolution to cause the nuisance violations listed herein to be removed to the satisfaction of the Code Enforcement Officer. Those improvements include the following: 4.1 Cut weeds or gras over 12" in height 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 August 28, 2012. Bill J. Ecret, 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 wh ich 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 wh ich 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 lumberyard, 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 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 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 til l' 0 F MOSES LAKE NOTICE TO CORRECT UNSAFE OR UNLAWFUL CONDITION DATED: 6/6/2012 ISSUED TO: Jose & Regina Garcia-Soltero 25702 162nd PL SE Kent, W A 98042 LOCATION OF UNLAWFUL CONDITION: 505 N Kentucky Dr, Moses Lake, WA 98837 DESCRIPTION: Weeds or grass over 12" in height Moses Lake Municipal Code Section No.: 8.14.030U Maintenance of grasses, weeds, etc As owner,agent,lessee, other person occupying or having charge or control of the building, lot or premises at 505 N Kentucky Dr, you are hereby notified that the undersigned, pursuant to Chapter 8.14.030U of the Moses Lake Municipal Code, has determined that there exists upon or adjoining said premises the following conditions: Weeds or grass over 12" in height This is contrary to the provisions of the Moses Lake Municipal Code Section number 8.14.030U 8.14.030U Except for any designated public park land, natural area, or environmentally sensitive area, or any undeveloped parcels of land not adjacent to developed areas or which are used for agricultural purposes, all grasses, weeds, or other vegetation growing or which has grown and died, which is determined to be a fire or safety hazard or a nuisance to persons, shall not exceed twelve inches (12") in height measured above the ground. 1. The above exception may be waived and additional maintenance required by the Code Enforcement Officer if he determines such action is necessary to protect the safety of persons or adjoining property. 2. All maintenance shall be done in a manner so that soil stability will not be disrupted or disturbed. Grass, weed, or vegetation control shall not include plowing, discing, or scraping the soil to eliminate the grasses, weeds, or other vegetation unless a soil stabilization plan, which will minimize blowing dust and maintain soil stability and which shall be approved by the city prior to any plowing, discing, or scraping, is implemented immediately. You are notified to correct said condition to the satisfaction of the undersigned within 10 days of the date of this notice. If you do not correct the condition within the specified time period, a notice and order to correct the condition will be issued to you, which can result in a penalty being imposed. City Manager 764-3701 • City Attorney 764-3703 Community Development 764-3750 ' Finance 764-3717 · Fire 765-2204 Municipal Services 764 -3783 Municipal Court 764-370J Parks & Recreation 764-3805 P?lice 764-3887 ' Fax 764-3739 401 S Balsam 5t. . P.O. Box 1579 Moses Lake, WA 98837-0224 · ww w.cityofml.com Exhibit 2 Page 1 0[2 CORRECTION REQUIRED: Cut weeds or grass over 12" in height I would like to thank you in advance for your cooperating efforts. If you have questions or need clarification on any of the above-mentioned items, please give me a call at 509-764-3748 or come see me at City Hall. Sincerely, tih~ Rick Killinger Building Inspector rkillinger@cityofml.com Exhibit 2 Page 2 of2 ( I T Y 0 F HOSES LAKE CITY OF MOSES LAKE NOTICE OF VIOLATION AND ORDER TO CORRECT OR CEASE ACTIVITY TO: Jose & Regina Garcia-Soltero 25702 162nd PL SE Kent, W A 98042 NOTICE OF VIOLATION Provisions of the City of Moses Lake Code Violated: Moses Lake Municipal Code 8.14.030U Street Address of Violation: 505 N Kentucky Dr, Moses Lake, W A 98837 Brief Legal Description of Property Where Violation Exists: Lot 13 Blk I Sage Vista Second Add Major Plat 7000 SQ FT 110993687 YOU ARE HEREBY ORDERED TO CORRECT OR CEASE THE ACTIVITY AS FOLLOWS: Action Necessary to Correct Violation: Cut weeds or grass over 12" in height Time by Which Violation is to be Corrected or Activty Ceased The City is requiring these corrections listed on this Notice and Order be accomplished by Monday, July, 09, 2012 YOU ARE FURTHER NOTIFIED THAT THE MOSES LAKE CITY CODE PROVIDES FOR THE FOLLOWING PENALTIES: City Manager 764·3701 • City Attorney 764·3703 • Community Development 764-3750 finance 764-3717 • Fire 765-2204 Municipal Services 764-3783 Municipal Court 764-370 I • Parks & Recreation 761-3805 ' Police 764-3887 • Fax 764-3739 401 S Balsam St.. P.O. Box 1579 . Moses Lake, WA 98837-0224 . www.cityofml.com Exhibit 3 Page I of2 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 offive thousand dollars ($5000), beginning on the day the correction was to be completed. The cumulative penalty provided for in this paragraph shall not accrue while an appeal is pending, nor shall the penalty preclude the initiation of appropriate legal action to correct the violation. [1.20.050(E)(1)]. 2. If a penalty has been assessed pursuant to 1.20.050(E)( 1), a Court shall assess that penalty and any additional penalty the Court considers appropriate plus court costs and attorney's fees. YOU MAY APPEAL THIS NOTICE AND ORDER TO THE HEARING EXAMINER WITHIN TEN (10) DAYS, PURSUANT TO SECTION 20.03.050 OF THE MOSES LAKE CITY CODE AND BY PAYMENT OF AN $800 FEE. YOU ARE FURTHER NOTIFIED THAT IF THE AFOREMENTIONED VIOLATION IS NOT CORRECTED AS SPECIFIED HERIN THIS MATTER WILL BE REFERRED TO THE CITY ATTORNEY FOR CIVIL ENFORCEMENT BY INJUNCTION OR OTHER APROPRIATE ACTION. Dated this Friday, June 29, 2012 Rick Killinger Building Inspector City of Moses Lake 509-764-3748 Exhibit 3 Page 2 of2 Exhibit 4 Page 1 of 4 6/5/2012 14 :56 Exhibit 4 Page 2 of4 August, 10, 2012 Jose & Regina Garcia-Soltero 25702 162nd PL SE Kent, W A 98042 CITY O. HOSES LAKE Re: Hearing to Permit City Abatement of Nuisance Property located at: 505 N Kentucky Dr, Parcel 110993687, Moses Lake, WA 98837 Via Regular Mail and Return Receipt Mail Jose & Regina Garcia-Soltero 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 13 Blk I Sage V ista Second Add Major Plat 7000 SQ FT. This property is located at: 505 N Kentucky Dr, Parcel 110993687, Moses Lake, WA 98837 On Friday, June 29, 2012 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 ofYiolation and Order to Correct or Cease Activity has expired without compliance. As of August 10,2012, 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, August 28, 2012 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, 40 I S. Balsam, Moses Lake, WA, phone 509-764-370 I. cZ)~ Code. <Z:;l;;d .It?!. Rick Killtnger Building Inspector cc: City Manager City Attorney Community Development Director Cit)' Manager 764.-3701 • Cit)' Altorncy 7M-3703 .. Community n~\"L'J{lpm~'nt 704-:\750 . Fin.lllc~ 764-3 717 . Firc 765 -2204 Municipal Services 764 ·371B .. ;\lunicip<ll COllI"! 76-1--370 1 • Parks & [kacaliol1 7fi4-3805 " Police 7M-3aB7. Fax 764:-3739 401 S Balsam St.. P.O. Box 1579 . Moses Lake, WA 98837-0224 . www.cityofml.com Exhibit 5 Page 1 of 1 August 22,2012 TO: City Manager for Council Consideration FROM: Community Development Director SUBJECT: Resolution -Nuisance Abatement -Schmitt Attached is a resolution providing for the abatement of nuisances at 1146 W. Gem, owned by Eric & Michele Schmitt. 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 (A Gilbert Alvarado Community Development Director GAjt ~. [ nO 0-i "U ~ -< Ii: c 0 z ~ "Tl ~ :;! :::>' Z ~ GJ 00 m '2 < (J) <m m ~ 5 (J) O"U r Z 5: » ~:;,;; 4m !I~ ""W'~."~V:OI·.\·CIL,II...,,:rul" CUI ..... " DOD -S; r .: 0 '" " --< m (f> Cl m ;::: 1:: m ~ D·"I ~ . ~ (f> C 0 --< Cl ::; ;U » -< m m '" r --< 0 i: z c ::; z » 0 (f> ;::: » m ;u (f> -< ~ 0 ~ 0 en ~ ,-t A Cl ~ 0 1 1 ~ I I ~ ~ I,d I " 0 _ 0 A o o ~ ~ 1107 g 1300 1237 1233 1215 1137 1'133 11125 1141 1 1131 ~ ~ I I I I \1115 I r103 ~ I I I I I I I ~ I I I I I I I 1212' 1206 1105 1241 1217 ;: 1215 ~~ w --~ ~ ~ w W A ~ ;: ~ ... = w w ~ ~ ~ w = 0 ;: ~ ~ RESOLUTION NO. A RESOLUTION DETERMINING THAT ERIC D. & MICHELE D. SCHMITT 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 1146 W. Gem, (Lot 11 , Block 9, Guffin Eccles Add. #3), Parcel #091728000, 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 owners of the subject property to be Eric D. & Michele D. Schmitt, 1146 W. Gem Avenue, Moses Lake, WA 98837. 2. Notice. On June 28 , 2012, the Code Enforcement Officer caused to be delivered by regular mail and certified mail to the owner of record of the subject property a Notice of Violation and Order to Correct or Cease Activity. No appeal was filed to challenge that order. The time to comply under that order has passed. The nuisance described in that order has not been abated by correction of the condition of the property and a nuisance continues to exist on the subject property. On August 10, 2012, the Code Enforcement Officer caused to be delivered to Eric & Michele Schmitt a notice of the intent of the City Council to consider adoption of a resolution such as this at its meeting of August 28, 2012. Such notice was in writing, in the English language and was delivered by return receipt mail and regular mail to the record owner of the subject property. 3. Violations. It has been established by the Notice of Violation and Order to Correct or Cease Activity that the following violations exist on the subject property and have not been corrected: 3.1 A violation of MLMC 8.14.030 U -8.14.030 -Nuisance Defined. Each of the following conditions, unless otherwise permitted by law, is declared to constitute a public nuisance, and whenever the Code Enforcement Officer determines that any of these conditions exist upon any premises or in any stream, drainage way or wetlands , the officer may require or provide for the abatement thereof pursuant to this chapter. U. Except for any designated public park land, natural area, or environmentally sensitive area, or any undeveloped parcels of land not adjacent to developed areas or which are used for agricultural purposes, all grasses, weeds, or other vegetation growing or which has grown and died, which is determined to be a fire or safety hazard or a nuisance to persons, shall not exceed twelve inches (12") in height measured above the ground. 1. The above exception may be waived and additional maintenance required by the Code Enforcement Officer if he determines such action is necessary to protect the safety of persons or adjoining property. 2. All maintenance shall be done in a manner so that soil stability will not be disrupted or disturbed. Grass, weed, or vegetation control shall not include plowing, discing, or scraping the soil to eliminate the grasses, weeds, or other RESOLUTION NO. Page 2 August 28, 2012 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 August 28, 2012 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 Chapter 8.14.030 EXHIBIT #2: Notice To Correct Unsafe or Unlawful Condition dated June 4,2012 EXHIBIT #3: Notice of Violation and Order to Correct or Cease Activity dated June 28, 2012 addressed to Eric & Michele Schmitt, 1146 W . Gem, Moses Lake, WA 98837 EXHIBIT #4: Pictures taken of the property located at 1146 W. Gem, Moses Lake, Washington . EXHIBIT #5: Letter dated August 10, 2012, from the Code Enforcement Officer to Eric & Michele Schmitt advising the property owner of the hearing regarding abatement of property, scheduled for August 28, 2012. 1. A public nuisance in violation of MLMC 8.14.030 exists on the subject property at 1146 W. Gem , Moses Lake, Washington. Eric D. & Michele D. Schmitt, 1146 W. Gem, Moses Lake, WA 98837 are the record contract owners of the subject property per the records of Grant County. 2. The public nuisance located upon the subject property consists of: 2.1. Weeds or grass over 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. Eric D. & Michele D. Schmitt, the record contract owners, have fifteen (15) days from the date of the adoption of this resolution to cause the nuisance violations listed herein to be removed to the satisfaction of the Code Enforcement Officer. Those improvements include the following: RESOLUTION NO. Page 3 4.1 Cut and remove weeds and grass over 12" in height August 28, 2012 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 August 28, 2012. Bill J . Ecret, Mayor ATTEST: w . Robert Taylor, Acting Finance Director 8.14.030 A. B. C. D. E. F. G. H. I. J. K. Nuisance Defined. Each of the following conditions, unless otherwise permitted by law, is declared to constitute a public nuisance, and whenever the Code Enforcement Officer deter- mines that any of these conditions exist upon any premises or in any stream, drainage way or wetlands, the officer may require or provide for the abatement thereof pursuant to this chapter. The existence of any trash, dirt, filth, and carcass of any animal, waste shrubs, accumulation of lawn or yard trimmings or other offensive matter. Defective or overflowing septic or sewage systems, and the existence of any noxious, foul, or putrid liquid or substance which poses a health hazard or creates a noxious odor. Any man-caused pool of standing or stagnant water, except storm drainage systems, 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. L. Dumping, throwing, placing, leaving or causing or permitting to be dumped, thrown, placed or left, any filth, paper, cans, glass, rubbish, trash garbage, grass trimmings, shrub trimming, and shrubbery of any kind, in or upon any street, alley, sidewalk, ditch, or public or private property of another in the city. M. The erecting, maintaining, using, placing, depositing, leaving or permitting to be or remain in or upon any private lot, building , structure or premises, or in or upon any street, alley, sidewalk, park, parkway or other public or private place in the city, 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 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, cloth ing, 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 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, su ch 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 li mitation, 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 HOSES LAKE NOTICE TO CORRECT UNSAFE OR UN LA WFUL CONDITION DATED: ISSUED TO: 6/4/2012 Eric & Michele Schmitt 1146 W Gem Moses Lake, WA 98837 LOCATION OF UNLAWFUL CONDITION: 1146 W Gem, Moses Lake, WA 98837 DESCRIPTION: Weeds or grass over 12" in height Moses Lake Municipal Code Section No.: 8.14.030U Maintenance of grasses, weeds, etc As owner,agent,lessee, other person occupying or havi ng charge or control of the building, lot or premises at 1146 W Gem, you are hereby notified that the undersigned, pursuant 10 Chapter 8. 14.030U of the Moses Lake Municipal Code, has determined that there exists upon or adjoining said premises the following conditions: Weeds or grass over 12" in height This is contrary to the provisions ofthe Moses Lake Municipal Code Section number 8.14.030U 8.14.030U 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. I. The above exception may be waived and additional maintenance required by the Code Enforcement Officer ifhe determines such action is necessary 10 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 pl owing, discing, or scraping the soil 10 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 10 any plowing, discing, or scraping, is implemented immediately. You are notified to correct said condition to the satisfaction of the unders igned wi thin 10 days of the date of this notice. If you do not correct the condition within the specified time period, a notice and order to correct the condition will be issued to you> which can result in a penalty being imposed. Cit)' Manager 7h-l·;\70 I .. (~iIY AI\ol"n\'Y 76·1-370) • ( :oll1lllunity [)~·\'d(lpnll'rH 76-\-.'-7.'\{) • Finanl'l' 76~-~71 i l'ir~ 7£>5·2204 .\hJlJicifla! ;-;l·t'\'i(\'.~ 1M· .~7.':;~ .. \lI1IllUP:l[ (Dun 71'd · 170\ • Park.\ & Ih'll (',lIu)]) ,C,·i -3~(l) • I)oli\'" ~64 '_'HR; . F.tX 7h4-,:,".1.9 401 S 8atsam St.. PO, Box 1579 '" ;v1o$(:~ Lake, V'/A 9H837-0224 · www . ..:ityofllll.com Exhibit 2 Page 1 0[2 CORRECTION REQUIRED: Cut and remove weeds and grass over 12" in height I would like to thank you in advance for your cooperating efforts. If you have questions or need clarification on any ofrhe above-mentioned items, please give me a call at 509-764-3755 or come see me at City Hall. Sincerely, t0~ Rob Trumbull { Building Inspector rtrumbull@cityofml.com Exhibit 2 Page 2 of2 HOSES LAK.E CITY OF MOSES LAKE NOTICE OF VIOLATION AND ORDER TO CORRECT OR CEASE ACTIVITY TO: Eric & Michele Schmitt 1146WGem Moses Lake, WA 98837 NOTICE OF VIOLATION Provisions of the City of Moses Lake Code Violated: Moses Lake Municipal Code 8.14.030U Street Address of Violation: J146 W Gem, Moses Lake, WA 98837 Brief Legal Description of Property Where Violation Exists: Lot II Blk 9 Guffin Eccles Add #3 60X 125 091728000 YOU ARE HEREBY ORDERED TO CORRECT OR CEASE THE ACTIVITY AS FOLLOWS: Action Necessary to Correct Violation: Cut and remove weeds and grass over 12" in height Time by Which Violation is to be Corrected or Activty Ceased The City is requiring these corrections listed on this Notice and Order be accomplished by Sunday, July, 08, 2012 YOU ARE FURTHER NOTIFIED THAT THE MOSES LAKE CITY CODE PROVIDES FOR THE FOLLOWING PENALTIES: 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-;701 • 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 / Exhibit 3 Page I of2 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 offive 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 THIS NOTICE AND ORDER TO THE HEARING EXAMINER WITHIN TEN (10) DAYS, PURSUANT TO SECTION 20.03.050 OF THE MOSES LAKE CITY CODE AND BY PAYMENT OF AN $800 FEE. YOU ARE FURTHER NOTIFIED THAT IF THE AFOREMENTIONED VIOLATION IS NOT CORRECTED AS SPECIFIED HERIN THIS MATTER WILL BE REFERRED TO THE CITY ATTORNEY FOR CIVIL ENFORCEMENT BY INJUNCTION OR OTHER APROPRlATE ACTION. Dated this Thursday, June 28, 2012 Building Inspector City of Moses Lake 509-764-3755 Exhibit 3 Page 2 of2 , I I , , .1 / , I I , ; • J I .'> • " 'bit 4 50f5 August, 10, 2012 Eric & Michele Schmitt 1146 WGem Moses Lake, W A 98837 (ITY OF HOSES LAKE Re: Hearing to Permit City Abatement of Nuisance Property located at: 1146 W Gem, Parcel 091728000, Moses Lake, WA 98837 Via Regular Mail and Return Receipt Mail Eric & Michele Schmitt You are identified in the records ofthe Grant County Assessor as the record owner of real property located within the City of Moses Lake described as: Lot II Blk 9 Guffin Eccles Add #3 60X 125. This property is located at: 1146 W Gem, Parcel 091728000, Moses Lake, W A 98837 On Thursday, June 28, 2012 the City of Moses Lake mailed to you by regular mail and return receipt mail a Notice of Violation and Order to Correct or Cease Activity within the time allowed by the City Code. The time specified in that Notice of Violation and Order to Correct or Cease Activity has expired without compliance. As of August 10,2012, 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, August 28, 2012 which is more than ten days from the date of this letter. That meeting wil l 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, 40 I S. Balsam , Moses Lake, WA, phone 509-764-370 I. on~ Cok £rt~ RObi':UII Building Inspector cc: City Manager City Attorney Community Development Director City l'v'lanager 764-370! • City Auorney 764-3703 . C:lnl111Unily DC\,c!0P:ll('1l1 7f>.j.·3750 . FinJnc<.' :'6-1-3717 . nrc 765·220-1 Municipal Scrvio.s 764-37R~. MUllicipal Court 764-3;'0\ • Puh & RL'Cft'alion 704-3805 ' JloliCt 76-1-3SH7 . Fax 704-3739 401 S Balsam St • P.O. Box 1579 , Moses Lake, WA 98837-0224 • wIVw.c ityofml.com Exhibit 5 Page I of I August 22, 2012 TO: City Manager for Council Consideration FROM : Community Development Director SUBJECT: Resolution -Nuisance Abatement -Moon Attached is a resolution providing for the abatement of nuisances at 903 S. Juniper, owned by Wesley Moon. 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 GA:jt Miles CITY LIMITS UGA BOUNDARY ALDER STREET NAMES LOTS LAKE 903 JUNIPER DR MOS6S L"K6 CITY OF MOSES LAKE COMMUNITY DEVELOPMENT PLANNING DIVISION RESOLUTION NO. A RESOLUTION DETERMINING THAT WESLEY E. MOON II 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 903 S. Juniper (Lot 18, Block 2, Lakeview Terrace #1 ),Parcel #1 00758000, 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 Wesley E. Moon II, 21315 24th Street SE, Sammamish, WA 98075-9547. 2. Notice. On July 20,2012, the Code Enforcement Officer caused to be delivered by regular mail and certified mail to the owner of record of the subject property a Notice of Violation and Order to Correct or Cease Activity. No appeal was filed to challenge that order. The time to comply under that order has passed. The nuisance described in that order has not been abated by correction of the condition of the property and a nuisance continues to exist on the subject property. On August 15, 2012, the Code Enforcement Officer caused to be delivered to Wesley E. Moon II a notice of the intent of the City Council to consider adoption of a resolution such as this at its meeting of August 28, 2012. Such notice was in writing, in the English language and was delivered by return receipt mail and regular mail to the record owner of the subject property. 3. Violations. It has been established by the Notice of Violation and Order to Correct or Cease Activity that the following violations exist on the subject property and have not been corrected: 3.1 A violation of MLMC 8.14.030 U -8.14.030 Nuisance Defined. Each of the following conditions, unless otherwise permitted by law, is declared to constitute a public nuisance, and whenever the Code Enforcement Officer determines that any of these conditions exist upon any premises or in any stream, drainage way or wetlands, the officer may require or provide for the abatement thereof pursuant to this chapter. U. Except for any designated public park land, natural area, or environmentally sensitive area, or any undeveloped parcels of land not adjacent to developed areas or which are used for agricultural purposes, all grasses, weeds, or other vegetation growing or which has grown and died, which is determined to be a fire or safety hazard or a nuisance to persons, shall not exceed twelve inches (12") in height measured above the ground. 1. The above exception may be waived and additional maintenance required by the Code Enforcement Officer if he determines such action is necessary to protect the safety of persons or adjoining property. 2. All maintenance shall be done in a manner so that soil stability will not be disrupted or disturbed. Grass, weed, or vegetation control shall not include plowing, discing, or scraping the soil to eliminate the grasses, weeds, or other vegetation unless a soil stabilization plan, which will minimize blowing dust and RESOLUTION NO. Page 2 August 28, 2012 maintain soil stability and which shall be approved by the city prior to any plowing, discing, or scraping, is implemented immediately. 4. Hearing. On August 28, 2012 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 To Correct Unsafe or Unlawful Condition dated May 24,2012 EXHIBIT #3: Notice of Violation and Order to Correct or Cease Activity dated July 20, 2012 from the Code Enforcement Officer addressed to Wesley Moon, 21315 24th Street SE, Sammamish, WA 98075 EXHIBIT #4: Pictures taken by Code Enforcement Officer of the property located at 903 S. Juniper, Moses Lake, Washington. EXHIBIT #5: Letter dated August 15, 2012, from the Code Enforcement Officer to Wesley E. Moon II advising the property owner of the hearing regarding abatement of property, scheduled for August 28, 2012. 1. A public nuisance in violation of MLMC 8.14.030 exists on the subject property at 903 S. Juniper, Moses Lake, Washington. Wesley E. Moon II, 21315 24th Street SE, Sammamish, WA 98075 is the record contract owner of the subject property per the records of Grant County. 2. The public nuisance located upon the subject property consists of: 2.1. Weeds/grass taller than 12" 3. The maintenance of these public nuisance violations on the subject property by the record owner is detrimental to the health, safety, welfare, peace and tranquility of the residents of the City impacting the quality of life and diminishing property values. 4. Wesley E. Moon II , the record contract owner, has fifteen (15) days from the date of the adoption of this resolution to cause the nuisance violations listed herein to be removed to the satisfaction of the Code Enforcement Officer. Those improvements include the following: RESOLUTION NO. Page 3 4.1 Cut weeds/grass lower than 12" August 28, 2012 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 August 28, 2012. Bill J. Ecret, Mayor ATTEST: w. Robert Taylor, Acting, 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 wh ich are not securely protected from flies and rats, or which are foul or malodorous. 3. Any filthy, littered or trash-covered dwellings, cellars, house yards, barnyards, stable yards, factory yards, vacant areas in the rear of stores, vacant lots, houses, buildings or premises. 4. Any animal manure in any quantity which is not securely protected from flies or weather conditions, or which is kept or handled in violation of any ordinance of the city. 5. Any poison oak or poison ivy, Russian thistle or other noxious weeds, as defined by Chapter 8.22 of the Moses Lake Municipal Code entitled "Noxious Weed Control" whether growing or otherwise ; but nothing herein sha ll 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 orother 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 wh ich are used for agricultural purposes, all grasses, weeds, or other vegetation growing or which has grown and died , which is determined to be a fire or safety hazard or a nuisance to persons, shall not exceed twelve inches (12") in height measured above the ground. 1. The above exception may be waived and additional maintenance required by the Code Enforcement Officer if he determines such action is necessary to protect the safety of persons or adjoining property. 2. All maintenance shall be done in a manner so that soil stability will not be disrupted or disturbed. Grass, weed, or vegetation control shall not include plowing, discing, or scraping the soil to eliminate the grasses, weeds, or other vegetation unless a soil stabilization plan, wh ich will minimize blowing dust and maintain soil stability and which shall be approved by the city prior to any plowing, discing, or scraping, is implemented immediately, 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 wh ich 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 lumberyard, dealer in building materials or other commercial enterprise when the same is permitted under the zon ing 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. Th is determination shall not apply to conditions completely enclosed within a build ing or fencing so as not to be visible from publ ic 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 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 NOTICE TO CORRECT UNSAFE OR UNLAWFUL CONDITION DATED: ISSUED TO: 5/24/2012 Wesley Moon 21315 24th St SE Sammamish, W A. 98075 LOCATION OF UNLAWFUL CONDITION: 903 S Juniper Dr, Moses Lake, WA 98837 DESCRJPTION: Weeds/Grass taller than 12" Moses Lake Municipal Code Section No.: 8.14.030U Maintenance of grasses, weeds, etc As owner,agent,lessee, other person occupying or having charge or control of the building, lot or premises at 903 S Juniper Dr, you are hereby notified that the undersigned, pursuant to Chapter 8.14.030U of the Moses Lake Municipal Code, has determined that there exists upon or adjoining said premises the following conditions: Weeds/Grass taller than 12" This is contrary to the provisions of the Moses Lake Municipal Code Section number 8.14.030U 8.14.030U 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. I . The above exception may be waived and additional maintenance required by the Code Enforcement Officer if he determines such action is necessary to protect the safety of persons or adjoining property. 2. All maintenance shall be done in a manner so that soil stability will not be disrupted or disturbed. Grass, weed, or vegetation control shall not include plowing, discing, or scraping the soil to eliminate the grasses, weeds, or other vegetation unless a soil stabilization plan, which will minimize blowing dust and maintain soil stability and which shall be approved by the city prior to any plowing, discing, or scraping, is implemented immediately. You are notified to correct said condition to the satisfaction of the undersigned within 10 days of the date of this notice. If you do not correct the condition within the specified time period, a notice and order to correct the condition will be issued to you, which can result in a penalty being imposed. City Manager 764-3701 . City Attorney 764-3703. Communil), Dcyelopment 764-3750 · Financc 764-3717 . Fire 765-2204 ;<'1tlnicipal Services 764 -3783 . Munidpal Court 764-3701 • Parks & R..:crcalion 764-3805 ' Police 764-3R87 . Fax 764-3739 40 I S Balsam St. • PO. Box J 579 • Moses Lake, WA 98837-0224 • www.cityofml.com Exhibit 2 Page I of2 CORRECTION REQUIRED: Cut down to measure less than 12" I would like to thank you in advance for your cooperating efforts. If you have questions or need clarification on any ofthe above-mentioned items, please give me a call at 509-764-3753 or come see me at City Hall. Sincerely, ~ Rick Rodriguez Code Enforcement rrodriguez@cityofml.com Exhibit 2 Page 2 of2 CIT Y 0 f MOSES LAKE CITY OF MOSES LAKE NOTICE OF VIOLATION AND ORDER TO CORRECT OR CEASE ACTIVITY TO: Wesley Moon 21315 24th St SE Sammamish, WA. 98075 NOTICE OF VIOLATION Provisions of the City of Moses Lake Code Violated: Moses Lake Municipal Code 8.14.030U Street Address of Violation: 903 S Juniper Dr, Moses Lake, WA 98837 Brief Legal Description of Property Where Violation Exists: Lot 18 Blk 2 Lakeview Terrace # I SOX II 0 100758000 YOU ARE HEREBY ORDERED TO CORRECT OR CEASE THE ACTIVITY AS FOLLOWS: Action Necessary to Correct Violation: Cut down to measure less than 12" Time by Which Violation is to be Corrected or Activty Ceased The City is requiring these corrections listed on this Notice and Order be accomplished by Monday, July, 30, 2012 YOU ARE FURTHER NOTIFIED THAT THE MOSES LAKE CITY CODE PROVIDES FOR THE FOLLOWING PENALTIES: City Manager 764-370 1 • City Attorney 764-3703 • (:ommuniIY Ocvdopmcnl 7(;4-37S0 • Finanl:c 764-3717 • Fire 765-2204 Municipal Services 764-3783 ., Municipal Court 7M -.170 I .. Park!> & Rn:rcation 764-3805 • /loliel' 764-.1S87 • Fax 764-3739 401 S Balsam St. • PO. Box 1579 · J\loses Lake, WA 98837-0224 • www.cityofml.com Exhibit 3 Page I of2 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)CI), 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 NOTIC E AND ORDER TO THE HEARING EXAMINER WITHIN TEN (10) DA YS, PURSUANT TO SECTION 20.03.050 OF THE MOSES LAKE CITY CODE AND BY PA YMENT OF AN $800 FEE. YOU ARE FURTHER NOTIFIED THAT IF THE AFOREMENTIONED VIOLATION IS NOT CORRECTED AS SPECIFIED HERIN THIS MATTER WILL BE REFERRED TO THE CITY ATTORNEY FOR CIVIL ENFORCEMENT BY INJUNCTION OR OTHER APROPRIA TE ACTION. Dated this Friday, July 20, 2012 ~~~~~-'/­'~ Code Enforcement City of Moses Lake 509-764-3753 Exhibit 3 Page 2 of2 ~ J~. , . . . August 15th, 2012 Wesley E. Moon II 21315 24thth St SE Sammamish, W A. 98075 (IIY Of HOSES LAKE Re: Hearing to Permit City Abatement of Nuisance Property located at: 903 S Juniper Dr, Moses Lake, W A. 98837 Via Regular Mail and Return Receipt Mail Wesley E Moon II: 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 18 Blk 2 Lakeview Terrace #1 Parcel# 100758000 This property is located at 903 S Juniper Dr, Mo ses Lake, WA. 98837 On July 20th, 2012, the City of Moses Lake mailed to you by regular mail and return receipt mail a Notice of Violation and Order to Con'ect or Cease Activity. No appeal was taken from that Notice of Violation and Order to Correct or Cease Activity within the time allowed by the City Code. The time specified in that Notic(: of Violation and Order to Correct or Cease Activity expired without compliance. As of August 15th, 2012, 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 August 28th, 2012, which is more than ten days from the date ofthis 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, Cit)' t-.1anager 7t.4-3701 .. Cily AItOrnL'y 704-3703 C')nlmunily I"kvdnpml'nI 764-3750 • Financt 764-.\717 • Fire 765-2204 Municipal Scr\'ic~s 764-37S3 I Municipal Court 7fi4-.FOI "' Parks & Recreation 764-_~g()5· Policl' 764-:~8K7 " !:ax 76<1·3739 401 S Balsam St.. P.O. Box 1579 . Moses Lake, WA 98837-0224 . www.cit yofml.com Exhibit 5 Page I of2 If you have any questions, you may contact the City Manager's Office at City Hall, 321 S. Balsam, Moses Lake, WA, phone 509-764-3702 ~' Rick Rodriguez Code Enforcement Officer cc: City Manager City Attorney Community Development Director Building Official Exhibit 5 Page 2 of2 August 23 ,2012 TO: FROM: SUBJECT: City Manager For City Council Consideration Municipal Services Director Request to Connect to City Water 1373 NE RD F.2 -Desert GolfLLC Bob Fancher, representing Desert Golf, LLC, requests permission to connect to the City's water and sewer systems to serve the Pillar Rock Grill located at the Moses Lake Golf Club. This parcel is adjacent to the city limits. The City's water system has sufficient capacity to serve this property. The property would need to be annexed unless the City Council determined that it is impractical to do so. Annexation would include a portion of Fairway Drive and Road F.2 NE This request is presented for Council consideration. &:£:W=1i~ \\~ Gary Harer, PEIPLS Municipal Services Director .--Y\-.{-L ':: C ........ ~oS'e..? La.te. G OLF CLUB PO Drawer G Moses Lake, WA 98837 mlgcc@moseslakegolfclub.com Business Office: 509-765-893" August 10, 2012 Gary Harer Municipal Services Director City of Moses lake PO Box 1579 Moses lake, WA 98837 Re; Request to Hook Up to City Services Dear Gary; Golf Shop: S09-765-S049 f= 509-765-S37I Pillar Rock Grill: 509-765-8131 Desert Golf, llC, which is the owner of Pillar Rock Grill located at Moses lake Golf Club on Fairway Drive desires to connect to City of Moses lake water and sewer mains. When Sun Terrace, the AHO residential development was constructed several years ago City water and sewer lines were stubbed to a lot owned by Desert Golf that fronts the Pillar Rock Grill. It is a short distance to hook up both the water and sewer lines. Please see enclosed drawing. I request that you place this on the first available City Council agenda for their review and consideration. Respectf ~bmit~ ~~ o Fanche Desert Golf, llC AUG 1 3 2012 • TerraScan MapSifter -Grant County Washington -Print , , f"'~ _ Parcels Parcel 170851000 Owner Desert Golf LLC Address 1373 NE RD F.2 €r -...,.- tpoier 1-S~r51td5 http://grantwa.mapsifter .comIPrintILandscape.aspx?key=a4ee9225 9b4 f4ea8a 1851 a3 3 3 47 dcecd Page 1 of 1 " AUG 13 2012 (i.L.· '." .~'\ '7 i . c R/linOl? I I I I -='!. ·1 I I I Parcel 17085 1000 ......... I I , ~! ADDRESS A ND ZONING MAP 2012 STREET STREET NAME B LOTS _ CITY_LIMITS ---+--RI< ROW I I I I I I I I I /)' Cl Club H ou", ~ 1 PARCEL: OWNER: ADDRESS: NOTES: '~ll Llii ' ,:t: ~~ ",<:)-__ , r--V' "" f(;"'--:::J ' '----.... r---- i F INTERSTATE" .,'IP ·1" J W.,N, , COUNTY , ,E INFO UPDATED I ..., , FRONTAGERD ~ ----~---'S ' MAR 07,2012 " L ~~YJ I 1 in=600ft !&AFAF mm=mm ="_ == _ '<f>~ AJ IB\ = = ___________________ ~~~ .......... -. L ~ B ~~----.. _ ... ;~;IiO.~--... "'" -C 11. g, MOSEOS l ... Ke --BKP ""-_. 2607 ADDRESS A ND ZONING MAP 20 12 STREET STREET c::::::::J LOTS C-.-.eCITY_LlMITS --+--RRROW N <~~ . n" ( r.; ~-~ W E INFO UPDATED oI"';!Ir;Q 'I !1'i'~. •.. COUNTY f!"'lt~~.~;.. ".,.::"J,;.,C::::", .... MAR 07,2012 s 1 in = 600 ft ~ ~ HOSES LAKE ,. ... " I" c 1 0 H August 23, 2012 TO: FROM: SUBJECT: City Manager For City Council Consideration Municipal Services Director Request to Connect to City Water 3934 Butler Lane Jose Gonzalez who owns the property located at 3934 Butler Lane requests permission to connect to the City's water system to serve their existing residential duplex, without annexing the property into the City. The City installed a 12-inch water main this summer in Beacon Road that has adequate capacity. This parcel is within one-half mile of the city limits and within the City of Moses Lake's UGA. According to Resolution No. 2513 Section 3.B., the City Council must determine that it is impractical for the property owners to annex this property before approving this request. If approved, the property owner will be required to sign an extraterritorial agreement. This request is presented for Council consideration. Municipal Services Director 9360 9430 4353 r. • '~ 1 __ ,------' -.I flj ~---1 3q.1 "\ 9354 9296 9436 4382 9472 3 Ii: ~ I/) ~Ni 'l-__ - -___ K~:_ __ I__-I' r \ 8EfCON RD r-------,----------r,-.J!----- g l9416 CQ ! I I ! " .... ; ...... -.'" " ~,. -r---n I __ -I M I6A 10vv I I I I I -~ ::: ~ 3: . • , r .. ~ I .... I ' ..... , I I I I -I 1;; -r, l I -I I. 1- ! I I l I I -, . -..... ...... ...... \ 05: .... or; 7> ', .... ~ .... ", 8393 §l ~ ~ 9435 9469 c;t'{ L\tn\\S • l , August 21, 2012 City Council City of Moses Lake WA 988837 RE: Moses Lake City water hookup request I am requesting water service at 3934 Butler Lane . 3934 Butler Lane borders along the North property line of 9388 & 9388-2 and is surrounded by parcels belonging to others. The hookup and meter would border on city council approved South boundary of 9388 & 9388-2 and connect to the recently installed city water line that borders Beacon Road to the South. Ron and Judy Hudson, owners of property known as 8388 & 9388-2 are for mutual agreed consideration willing to provide an easement for access to the pipe that would cross the East edge of their property; which would be located in the same trench as their own two water connections. There is no defined access to this property and the most direct access is across the East end of 9388 & 9388-2 property. The proposed waterline connection and meter will be located in the same trench as 9388 & 9388-2. The properties are located in Grant County but not bordering city boundaries. At this time this connections is receiving water from Hazel Butler Well Coop. Changes in the water table are preventing the well from supplying needed amounts of water to meet demand necessary for health and safety for all the hookups. In addition to improving water quality by hooking to city water, the demand burden on the Hazel Butler Well will be reduced by approximately an additional 10%. The well is over 56-years old, draws water from a surface water aquifer, therefore, contains nitrates bordering on unsafe levels especially for young families with small children. Thank you, Jose Gonzalez 9354 Beacon Road NE Moses Lake WA 98837 5097669949 RECEIVED AUG 222012 MUNICIPAL SERVICES DEPT. ENGII~E5RING CITY OF MOSES LAKE • August 23 , 2012 TO: City Manager For City Council Consideration FROM: Municipal Services Director SUBJECT: Construction Work Hours Stratford Road Crosswalk Project 2012 Neppel Electric and Controls requests penn iss ion to start work at 6:00 a.m. for the duration of the Stratford Road Crosswalk Project due to the traffic on Stratford Road. The specifications require the project to be completed in 30 working day. Their schedule is to work four days per week. There are residential homes adjacent to the project site. Staff has infonned Neppel Electric that if the City Council approves this request, it will become void if there are complaints received from the neighboring residents. Moses Lake Municipal Code 8.28.0S0.B.3 requires City Council approval for construction work between the hours of 10 p.m. and 7 a.m. This request is presented to the City Council for consideration. Respectfully Submitted, ~ G!:,:;lA ~ Municipal Services Director VH August 15th 2012 To: City of Moses Lake Attn: Mike Moro From: Neppel Electrical & Controls LLC 4703 Kelly PI. Moses Lake, WA 98837 Jerry Moncada 509-760-2026 Re : Start Time I am writing to ask if we could make our start time at 6:00AM for the Stratford Road Project? We are wanting to start at this time due to heavy traffic. Thank you, i / ) /-', -,.-I.....~ ..... ~. ____ ----" .--- erry Moncada Jr. August 16,2012 To: From: RE: City Engineer Project Engineer-Moro ~ STRATFORD ROAD CROSSWALK PROJECT-2012 REQUEST TO WORK BEFORE 7:00 a.m. Neppel Electrical & Controls, LLC, contractor for Stratford Road Crosswalk Project-2012, requests City Council permission to start work every morning at 6:00 a.m. Their request is attached. Their hours of work would be 4 ten-hour days, Monday through Thursday, 6:00 a.m. to 4:30 p.m. with an exception to work on Friday, September 7, 6:00 a.m. to 4:00 p.m. Neppel Electrical & Controls, LLC is aware that City Council permission is required prior to the early start, and will start at 7:00 a.m. (to 5:30 p.m.) until this request is authorized. cc: Municipal Services Director V Q \ \CZ'i Ro~d. LOOP DR 'lD-"E-q'.J~'''''''', __ _ PARCEL: OWNER: ADDRESS: NOTES: Cf\ ..... -t P ,---------., ..,.. I i I -h D ~ p.. ;0 o p p... o.le.lc.:\· L\m-\ ADDRESS AND ZONING MAP 2012 STREET STREET NAME, c:J LOTS __ RRRCNi N • '. COUNTY W E INFO UPDATED .. MAR 07,2012 S 1 in = 200 ft Moses L",o:.e 011_ BKP LoIIo. __ : 2607 August 22,2012 TO: City Manager for Council Consideration FROM: Community Development Director SUBJECT: Lot 21, Paxson Plat -Granger Troy Granger has applied for a building permit for a detached garage at 1015 W. Virginia Street. Because the property is platted but the improvements do not meet current code, a deferral of the subdivision requirements will be needed. The property is platted as Lot 21, Paxson Plat. Virginia Street is unimproved and there are no curb, gutter, or sidewalks. The request is to defer the street improvements on Virginia Streets at this time. If the request to defer the improvements is granted, a covenant forthe improvements in the future would be required. Respectfully submitted, GilbertA~ Community Development Director GA:jt -r I I \ 1 j ) s +, ~ P-L T Ne u f ____ ~ _______ -------::--. ~<I' \ \ \- » c '"' .-~.. .: ~r;::.. 1 ." .• ' r'0 ;, --c=:> ,. "" ,. ". ; , ,~ '. , i , ;:, . : _ ~ .'- "-! . . . 1015 W. Virginia St l Defer Improvements ~ 1126 1122 1118 1114 1110 1106 .... ,~ --, 1016 ___ --...'W< 105' 1041 1040 1036 :'32 1026 1020 I 1010 '---~ II 'T~ .<1 ......... 0: .,----r---T---.... . . ., 1113 .... t'"-----,...._~ '\. Hr,! SS'l~"--,r---r--r----' C1 .. ,. 1125 ".. "" nu. ,.,. 1 ~f :;;: 1133 IlL., 1105 1047 "'''''' ~V";;J 1019 1015 1003 o 1101 103S 1031 1009 1004 l--_yIRGi/NIAI S7 \ ~ ~,+-~ ~ 1--1_..I.---1._..L.-l._...L--l.--'---'j '"'" ,n" '\ 1020 1010 1048 .v"' 10" 'W. 10,.1'\. ,n« 1047 1039 1035 1031 1025 1019 1015 1009 ; 0: !!; 0 ~ 931 92 930 92. 0: i N "' ~ "' 92 :: "' ;2 "' ~ "' >-0 "' 1-------1r- M 0 "' "' N .. m ;; ~ ;; USGBC 21 Oll STREET, HW SUITE 500 WASHINGTON DC 20037 202828-7422 USGBC.ORG PRESIDENT. CEO & FOUNDING CHAIRMAN S. Richard FedllZll OffiCERS CHAIR Elizabeth J. H~·~er Skanska CHAIR HECT "nan S~OdOW$~llr. Tra~sVleslern iMMEOIATE PAST CHAIR Mark M. MacCrachn CALMA(: Mfg. Corp IF.~ASURER llH Shpritz B~nk of Amellca SECRETARY Punl! jain Cannen D~~'ln roUNOERS Oa,id Gotllll~d Mitrael1tallano s. Rlcha,d FtdflW 07116/2012 Joseph Gavinski City Manager City of Moses Lake 401 S. Balsam St Moses Lake, WA 98837 United States Greetings, On behalf of the U.S. Green Building Council, I would like to congratulate you on achieving Leadership in Energy and Environmental Design (LEED®) certification for Moses Lake Civic Center. Your project's final LEED rating reflects 39 documented and approved points, which corresponds to the gold certification level under the LEED for New Construction rating system. LEED certification identifies Moses Lake Civic Center as a pioneering example of sustainable design and demonstrates your leadership in transforming the building industry. In honor of this impressive achievement and in appreciation of your participation in LEED, we are pleased to present you with the enclosed certificates recognizing your accomplishment. We encourage owners of certified projects to enroll in USGBC's Building Performance Partnership (BPP). BPP allows building owners to track and analyze operational performance relative to LEED credit achievement. USGBC's BPP participants are eligible for annual performance reports, report cards and real-time data interfaces to aid in their building performance goals. For information on BPP: www.usgbc.orglbpp. If you have any questions or comments, please contact us at www.usgbc.org or www.gbci.org. Congratulations once again on earning LEED certification, and thank you for your commitment to our common goal of building a healthy, sustainable future. Sincerely, • - S. Richard Fedrizzi President, CEO & Founding Chairman U.S. Green Building Council -ft Department of Commerce 'tPAW ~.n"ng"''''''''''onof W'''''ngton V Innovation is in our nature. The Planning Association of Washington, The Washington State Department of Commerce and The Washington Cities Insurance Authority Announce A Regional Short Course on Local Planning Hosted by the City of Moses Lake Civic Center Auditorium 401 S. Balsam, Moses Lake Wednesday, September 12, 2012 6:30 -9:30 PM The Short Course on Local Planning program provides a great training opportunity for Local and Tribal Governments, Mayors, Council Members, Board and Commission Members, Staff, Administrators, Attorneys, Stakeholders, Consultants, Students and the Community to learn more about land use planning and community development -and how to be involved. EVERYONE IS WELCOME TO ATTEND and there is NO CHARGE, but, registration is required: .:. How do I register? Go to www.wciapool.org and click "training schedule." .:. Select the month of the training, then the title of the training, A Short Course on Locol Planning. (Trainings are listed in order starting at the first of the month.) .:. Next click IIsign up." .:. Never registered online before? Click "First Time Online Registration" and complete the participant form. Create a User Name and Password that can be used for registering for future trainings. , .:. Registered before? Simply enter your User Name and Password . • :. Click "continue", and then click "confirm." REGISTRATION QUESTIONS? Maria Orozco at mariao@wciapool.org or 206-575-6046 ext. 241 MAPS TO EVENT: see back of page. PARKING: On site SHORT COURSE INFORMATION : see the Short Course Web Page at www.commerce.wa.gov/growth or contact Janet Rogerson at janet.rogerson@commerce.wa.gov Please forward this announcement to others who may be interested. We hope to see you there! iilw Pfannlng Association of Wiuhlngton ~~-r-' ft Department of Commerce V Innovation is in our nature. The Planning Association of Washington, The Washington State Department of Commerce and The Washington Cities Insurance Authority Present A Short Course on Local Planning Hosted by City of Moses Lake Civic Center Auditorium 401 S. Balsam, Moses Lake 6:30 -9:30 pm September 12, 2012 Moses Lake , Washington 6:30 -6:45 WELCOME AND INTRODUCTIONS ........................................... Dee Caputo 6:45 -7:45 THE LEGAL BASIS OF PLANNING IN WASHINGTON STATE ... Mike Connelly The statutory basis of planning in Washington State, Constitutional issues in land use planning, the Open Public Meetings Act, the Appearance of Fairness Doctrine, conflicts of interest, quasi-judicial and legislative functions of the planning commission, ex parte communications and how to deal with them , the conduct of meetings , the uses (and misuses) of email, and recent case law affecting land use planning. 7:45 -8:00 BREAK 8:00 -8:30 CO MPREHENSIVE PLANNING AND IMPLEMENTATION ............... Lisa Parks An overview of the basic components of a comprehensive plan , including the goals of the plan , the basic elements which need to be addressed, the concepts of consistency and concurrency, the tools and techniques available for implementing the comprehensive plan, and suggestions for involving citizens in the planning process. 8:30 -9:00 THE ROLE OF THE PLANNING COMMISSION .......................... Anne Knapp Discussion of the role of the planning commission, how to develop good working relationships among the planning commission , elected officials, and planning staff, and suggestions for holding effective meetings and hearings. 9:00 -9:30 QUESTIONS AND ANSWERS ..................................................... Everyone over KEY CONTACT: MODERATOR: PRESENTERS: Joe Gavinski City Manager City of Moses Lake (509) 764-3701 jgavinski@ci.moses-Iake.wa.us www.cityofml.com Dee Caputo, AICP Senior Planner Growth Management Services Department of Commerce Spokane, WA 99201 509/389-1291 dee.caputo@commerce.wa.gov www.commerce.wa.gov/growth Mike Connelly, J.D. Attorney at Law Koegen-Edwards LLP Spokane, WA 99201 (509) 747-4040 mike@koegenedwards.com www.koegenedwards.com Lisa Parks, AICP, Executive Director Port of Douglas County East Wenatchee, WA 98802-9226 509-884-4700 lisa@portofdouglas.org www.portofdouglas.org Anne Knapp, AICP Regulatory Assistance Lead -Central region Governor's Office of Regulatory Assistance Yakima WA 98902-3452 (509) 575-2384 anne.knapp@ora.wa.gov http://www.ora.wa.gov/ ADDITIONAL TRAINING AND EDUCATIONAL OPPORTUNITIES: • Growth Management Services Web site at www.commerce.wa.gov/growth -click on Educational Resources for Planners; • Planning Association of Washington (PAW) Web site at www.planningpaw.org; • Western Planning Resources at www.westernplanner.org; • Washington Cities Insurance Authority (WCIA) Web site at www.wciapool.org/; and • Municipal Research and Services Center of Washington at www.mrsc.org