3178^J
^J
<J
RESOLUTION NO.3178
A RESOLUTION DETERMINING THAT YURIY POLISCHUK IS THE OWNEROF 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 by a Code Enforcement Officer ofthe City,a person
authorized to enforce the ordinances and municipal code of the City,that the real property located at
221 and 227 Crestview (Lots 13 and 14,Block 3,Crestview Heights MajorPlat), Parcel #91325333 and
91325334,Moses Lake,Washington,is the site of public nuisance violations of Moses Lake Municipal
Code (MLMC)8.14.030.The records ofGrant County show the ownerofthe subject propertyto be Yuriy
Polischuk,P.O.Box 3843,Federal Way,WA 98063.
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 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 September 14,2010,the Code
Enforcement Officer caused to be delivered to Yuriy Polischuk a notice of the intent of the City Council
to consider adoption ofa resolution such as this at its meeting ofSeptember 28,2010.Such notice was
inwriting,inthe English language and was delivered by returnreceipt mailand regularmailto the record
owner ofthe subject property.
3. Violations.Ithas been established by the Notice ofViolation and Order to Correct or Cease Activitythat
the following violation exists 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,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 exceedtwelve inches (12")inheight measured abovethe ground.
4. Hearing. On September 28,2010 the Moses Lake City Council conducted a hearing to consider the
allegationsofthe Code EnforcementOfficerthatthe subject propertycontains a publicnuisance ordered
corrected which remains uncorrected and that therecord owneris responsible forthe costs of correcting
and abatingsuch violationsifsuch correctionsand abatement isaccomplished by Cityforces 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 following exhibits were made a partof the recordof the proceedings:
EXHIBIT #1:Moses Lake Municipal Code Chapter 8.14.030 U
EXHIBIT #2:Previous "Notice To Correct"letter sent.
RESOLUTION NO.3178 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 YuriyPolischuk, P.O.Box 3843,Federal Way, WA
98063.
EXHIBIT #4:Pictures taken by Code Enforcement Officer of the property located at Parcel
#91325333 and #91325334,Moses Lake,Washington.
EXHIBIT #5: Letter dated September 14,2010,from the Code Enforcement Officer to Yuriy
Polischukadvisingthe propertyownerofthehearingregarding abatement of property,scheduled
for September 28,2010.
Resolved:
1.Apublic nuisancein violation of MLMC 8.14.030 Uexistsonthesubjectproperty at Parcel #91325333
and #91325334,Moses Lake,Washington.Yuriy Polischuk, P.O.Box3843, Federal Way, WA 98063
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.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 life and diminishing propertyvalues.
4.Yuriy Polischuk,the record contract owner,has fifteen (15)days from the date ofthe adoption of
this resolution to cause the nuisance violations listed herein to be removed to the satisfaction ofthe
Code Enforcement Officer.Those improvements include the following:
4.1 Spray and remove noxious weeds from the property and cutweeds over 12"in height.
5.City staff shall provide astatus report to City Council onthe progress ofthe record contract owner
andoccupant tomakethecleanuprequired onthesubject property.If the improvements,as listed
above, are nottothe satisfaction ofthe Code Enforcement Officer,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 byall reasonable means
including immediate assignment ofthe costs so incurred forcollection.
6. Acopy ofthis resolution shall beprovided tothe record contract owner by return receipt andregular
mail after its approval by the City Council.
Adopted by the CityCouncil on September 28,2010.
Jon \ar\y,Mayor
~
Ronald R.Cone,Finance Director s~*