3176o
RESOLUTION NO.3176
A RESOLUTION DETERMINING THATJACK ALLEN AND ROBERTALLEN 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.Itis alleged bya Code EnforcementOfficerofthe City,a person
authorized to enforce the ordinances and municipal code of the City,that the real property located at
720 Pennivy (Lot5, Block1,Albertus Addition),Parcel #90178000,Moses Lake,Washington,isthe 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 Jack Allenand Robert Allen,830 Kiefer Drive,
Moses Lake,WA 98837.
2. Notice. On August 2,2010,the Code Enforcement Officercaused to be delivered by regular mailand
certified mail to the owner of record of the subject property a Notice of Violation and Order to Correct
or Cease Activity.No appeal wasfiledto challenge that order.The time to comply under that order has
passed.The nuisance described inthat order has not been abated bycorrection ofthe conditionofthe
property and a nuisance continues to exist on the subject property. On September 14,2010,the Code
Enforcement Officer caused to be delivered to Jack Allen a notice of the intent of the City Council to
consider adoption of a resolution such as this at its meeting of September 28,2010.Such notice was
inwriting,inthe English language and wasdelivered byreturn receipt mail and regular mailtothe record
owner of the subject property.
IV 3.Violations.Ithas been established bythe Noticeof Violation and Order toCorrector CeaseActivity that
the following violations exist on the subject property and have not been corrected:
3.1 A violation of MLMC 8.14.030 M 5 - Any poison oak or poison ivy,Russian thistle or other
noxious weeds,as defined by Chapter8.22 of the Moses Lake Municipal Codeentitled "Noxious
Weed Control"whether growing or otherwise;but nothing herein shall prevent the temporary
retention of such weeds in approved covered receptacles.
4. Hearing. On September 28,2010 the Moses Lake CityCouncil conducted a hearing to consider the
allegations ofthe Code EnforcementOfficerthat the subject property contains a publicnuisanceordered
corrected which remains uncorrected and thatthe record owner is responsible for thecostsof correcting
and abating such violations ifsuch corrections and abatement is accomplished byCityforces orforces
contracted bythe City forsuch purpose.All interested persons were permittedto providewritten ororal
evidence relevant to the issue.
5.Evidence:
5.1.The following persons testified under oath:
Clair Harden,.Moses Lake Code Enforcement Officer
5.2. The following exhibits were made a part of the record of the proceedings:
EXHIBIT #1:Moses Lake Municipal Code Chapter 8.14.030
EXHIBIT #2:Previous "Notice To Correct"lettersent.
RESOLUTION NO.3176 September 28,2010
Page 2
EXHIBIT #3:Notice of Violation and Order to Correct or Cease Activity dated August 2,2010
from the Code Enforcement Officer addressed to Jack Allen 803 Keifer Drive,Moses Lake,WA
98837.
EXHIBIT #4:Pictures taken by Code Enforcement Officer of the property located at Parcel
#90178000,Moses Lake,Washington.
EXHIBIT #5: Letter dated September 14,2010,from the Code Enforcement Officer to Jack Allen
advising the property owner of the hearing regarding abatement of property,scheduled for
September 28,2010.
Resolved:
1.Apublic nuisance in violation of MLMC 8.14.030Mexistsonthesubject property at Parcel#90178000,
Moses Lake,Washington. Jack Allen and Robert Allen,830 Kiefer,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.Noxious weeds and weeds and grasses 12 inches or greater growing on the property.
3. The maintenance of these publicnuisance violations on the subject property bythe record owner
is detrimental to the health, safety, welfare,peace and tranquility of the residents of the City
impacting the quality of lifeand diminishing property values.
4.JackAllenand Robert Allen,the record contract owners,have fifteen (15)days from the date ofthe
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 and spray weeds and Kochia on the lot.
5.City staffshall provide a status reportto City Council ontheprogress ofthe record contractowners
and occupanttomaketheclean up required onthesubject property.If the improvements,as listed
above, are nottothesatisfactionofthe Code EnforcementOfficer,the City isauthorized touse City
forces or contract forces to cause the identified public nuisances to be removed from the subject
property tothe satisfaction ofthe City Manager.All costsofany removal ofthe identified public
nuisances done at City expense shall be recovered bythe City Manager by all reasonable means
including immediate assignment of the costs so incurred for collection.
6. Acopy ofthis resolution shall be provided tothe record contract owner by return receipt and regular
mail after its approval by the City Council.
Adopted by the City Councilon September 28,2010.
ATTEST:
Ronald R.Cone,Finance Director n