3177<J
U
RESOLUTION NO.3177
A RESOLUTION DETERMINING THAT MARJORIE RODRIGUEZ IS THE OWNER OF CERTAIN
REAL PROPERTY WITHIN THE CITY;THATA 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.Itisalleged bya Code Enforcement Officerofthe City,a person
authorized to enforce the ordinances and municipal code of the City,that the real property located at
403 Earl(Lot29,Knolls Vista 13,h Addition)Parcel #100488000,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 Marjorie Rodriguez, 403 Earl,Moses Lake, WA
98837.
2. Notice. On July 30,2010,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 of Violation and Order to Correct
or Cease Activity.No appeal was filed to challenge thatorder.Thetime to comply underthat order has
passed.The nuisance described inthat order has not been abated bycorrection ofthe condition ofthe
property and a nuisance continues to exist on the subject property. On September 14,2010,the Code
Enforcement Officer caused to be delivered to Marjorie Rodriguez 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 was delivered by return receipt mailand regular mail
to the record owner of the subject property.
3.Violations.Ithas been established by the Notice ofViolation and Orderto Correct or CeaseActivitythat
{J the following violations existon the subject property and have notbeen corrected:
3.1 Aviolation of MLMC 8.14.030 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.
4. Hearing. On September 28,2010 the Moses Lake CityCouncil conducted a hearing to consider the
allegations ofthe Code EnforcementOfficerthatthe subjectpropertycontains a publicnuisance ordered
correctedwhich remains uncorrected and thatthe record owner is responsiblefor the costs of correcting
and abating such violationsifsuch corrections and abatement isaccomplished by City forces orforces
contracted bythe Cityforsuch 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 followingexhibits were made a part of the record of the proceedings:
EXHIBIT #1:Moses Lake Municipal Code Chapters 8.14.030
EXHIBIT #2:Previous "Notice To Correct"letter sent.
RESOLUTION NO.3177 September 28,2010
Page 2
EXHIBIT #3:Notice of Violation and Order to Correct or Cease Activity dated July 30,2010 from
the Code Enforcement Officer addressed to Marjorie Rodriguez,403 Earl,Moses Lake, WA
98837.
EXHIBIT #4:Pictures taken by Code Enforcement Officer of the property located at Parcel
#100488000,Moses Lake,Washington.
EXH IBIT #5: Letter dated September 14,2010,from the Code Enforcement Officer to Marjorie
Rodriguez advising the property owner of the hearing regarding abatement of property,
scheduled for September 28,2010.
Resolved:
1.Apublic nuisancein violation ofMLMC 8.14.030 Uexistsonthesubject property at Parcel #100488000,
MosesLake,Washington.Marjorie Rodriguez,403 Earl,Moses Lake,WA 98837 istherecordcontract
owner of the subject property per the records of Grant County.
2. The public nuisance located upon the subject propertyconsists of:
2.1.Dead weeds and grasses over 12" in height.
3. The maintenance of these public nuisance violations on the subject propertybythe record owner
is detrimental to the health, safety, welfare,peace and tranquility of the residents of the City
impacting the qualityof life and diminishingproperty values.
4.Marjorie Rodriguez,the record contract owner,has fifteen (15)daysfrom thedateofthe 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 Spray and remove noxious weeds from the property.
5.City staffshall provide a status report to City Council onthe progress ofthe record contract owner
and occupant tomakethecleanup required onthe subject property.If the improvements,as listed
above, are nottothesatisfaction oftheCode Enforcement Officer,the City is authorized touse 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 ofany removal ofthe identified public
nuisances done at City expense shall be recovered bythe City Manager byall reasonable means
including immediate assignment ofthe costs so incurred forcollection.
6.Acopy of this resolution shall be provided totherecord contract owner by return receipt andregular
mail after its approval by the City Council.
Adopted bythe City Councilon September 28,2010.
InnTano Mavnr —JonTane,Mayor
ATTEST:
'yRonaldR.Cone,Finance Director /"~v