3168^J
^J
RESOLUTION NO.3168
A RESOLUTION DETERMINING THAT JUSTIN AND EMBER ANDERSON ARE THE
OWNERS OF CERTAIN REAL PROPERTY WITHIN THE CITY;THAT A NUISANCE
REQUIRING ABATEMENT BYCITY FORCES OR FORCES CONTRACTED BYTHE CITY
EXISTS ON SUCH PROPERTY;AND DIRECTING THE USE OF SUCH FORCES TO
ABATE THE NUISANCE FOUND
Recitals:
1.Real Property Locationand Ownership.It isalleged by a Code Enforcement Officerofthe City,
a person authorized to enforce the ordinances and municipal code of the City, that the real
property located at 1825 Lakeside (Lot 1,Greer'S First Short Plat),Parcel#311425000,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
Justin and Ember Anderson,1825 Lakeside,Moses Lake,WA 98837.
2. Notice. On June 15,2010,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 ofViolation 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 inthat 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 4,2010,the Code Enforcement Officer caused to be delivered to Justin
and Ember Anderson a notice of the intent of the City Council to consider adoption of a
resolution such as this at its meeting of August 24,2010.Such notice was in writing, in the
English language and was delivered by returnreceipt mailand regularmailto the record owner
of the subject property.
3. Violations.It has been established by the Notice of Violation and Order to Correct or Cease
Activitythat the following violations exist on the subject property and have not been corrected:
3.1 A violation of MLMC 8.14.030.U -Except for any designated public park land, natural
area, orenvironmentally sensitive area, orany undeveloped parcelsof landnotadjacent
to developed areas orwhich are used for agricultural purposes,all grasses,weeds,or
other vegetation growing orwhich has grownand died, whichis determined to be a fire
or safety hazardora nuisance to persons, shallnot exceed twelve inches (12")inheight
measured above the ground.
4.Hearing.On August 24, 2010 the Moses Lake City Council conducted a public hearing to
consider the allegationsof the Code Enforcement Officerthat the subject propertycontainsa
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 isaccomplished by cityforces orforces contracted by the cityforsuch purpose.All
interested persons were permittedto provide written or oral evidence relevantto the issue.
5.Evidence:
5.1.The following persons testified under oath:
V—'Clair Harden,Moses Lake Code Enforcement Officer
RESOLUTION NO.3168 August 24,2010
Page 2
5.2.The following exhibits were made a part of the record of the proceedings:
EXHIBIT #1:Moses Lake Municipal Code Chapters 8.14.030.U
EXHIBIT #2:Previous "Notice To Correct"letters sent.
EXHIBIT #3:Notice of Violation and Order to Correct or Cease Activity dated May 19,
2008 from the Code Enforcement Officer addressed to Grant Holdings, LLC,Bellevue,
WA.98004-5721.
EXHIBIT #4: Pictures taken by Code Enforcement Officer of the property located at
Parcel #311425000,Moses Lake,WA.
EXHIBIT #5: Letterdated August 4,2010,fromthe Code Enforcement Officerto Justin
and Ember Anderson advising the property owner of the public hearing regarding
abatement of property,scheduled for August 24,2010.
Resolved:
1. A public nuisance in violation of MLMC 8.14.030.U exists on the subject property at Parcel
#311425000,Moses Lake,WA.Justin and Ember Anderson,1825 Lakeside,Moses Lake,WA
98837 is the record contract owner of the subject property per the records of Grant County.
2. The publicnuisance located upon the subject property consists of:
2.1.Violation 1.Weeds and grasses 12 inches or greater growing on the property.
3. The maintenance of these publicnuisance violations on the subject propertybythe record
owner isdetrimentalto the health, safety, welfare, peace and tranquility of the residents of
the Cityimpacting the quality of life and diminishing property values.
4.Justin and Ember Anderson,the record contract owners,have 15 (fifteen)days from the
date of the adoption of this resolution to cause the nuisance violations listed hereinto be
removed to the satisfaction ofthe Code Enforcement Officer.Those improvements include
the following:
4.1 All weeds and grasses 12 inches or greater must be cut and removed from the
property.
5.City staff shall provide a status report to City Council onthe progressofthe record contract
owner and occupant to make the clean up required on the subject property. If the
improvements, as listed above, arenottothe satisfactionofthe Code Enforcement Officer,
the Cityis authorized to use cityforces orto 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.
o
r^
r^
^
~
RESOLUTION NO.3168 August 24,2010
Page 3
6. A copy of this resolution shall be provided to the record contractowner by return receipt and
regular mail after its approval by the City Council.
Adopted by the City Council on August 24,2010.
Jon Lane,Mayor
ATTEST:
Ronald R.Cone,Finance Director