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RESOLUTION NO.3179
A RESOLUTION DETERMINING THAT ERIC AND BRIANNA BENSON ARE THE OWNERS OF
CERTAIN REAL PROPERTYWITHIN 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 PropertyLocation andOwnership.Itis alleged bya Code Enforcement OfficeroftheCity,a person
authorized to enforce the ordinances and municipal code of the City, that the real property located at
522 Kentucky(Lot8,Blk 2,Sage Vista Second Addition Major Plat) Parcel #110993695,Moses Lake,
Washington,is the site of public nuisance violations of Moses Lake MunicipalCode (MLMC)8.14.030.
The records of Grant County show the owners of the subject property to be Eric and Brianna Benson,
522 Kentucky,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 filedto 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
EnforcementOfficercaused to bedelivered to Eric and Brianna Benson a notice of the intentof 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 Order to Correct or Cease Activitythat
\J 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,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 twelveinches (12")inheight measured abovethe ground.
3.2 Aviolationof MLMC 18.57.090A: The property ownershall maintain alllandscape plant material
forthe lifeofthe project.All unhealthy or dead plant materials shall be replaced within the next
planting season,notto exceed one hundred eighty (180)days fromthe date ofloss.Trees and
shrubs shall onlybe pruned and trimmed as necessary to maintaina healthy growingcondition
or to prevent a safety hazard.Planted areas shall be maintained free of trash and weeds.
4. Hearing. On September 28,2010 the Moses Lake CityCouncilconducted a hearing to consider the
allegationsoftheCode Enforcement Officer thatthesubject property containsa public nuisanceordered
corrected which remains uncorrectedand that the record owneris responsiblefor the costsofcorrecting
and abatingsuch violations ifsuch corrections and abatement is accomplished byCity forcesorforces
contracted bythe City forsuch purpose.All interestedpersons were permitted toprovidewritten 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 exhibitswere made a part ofthe record ofthe proceedings:
EXHIBIT #1: Moses Lake Municipal Code Chapters 8.14.030 and 18.57.090
RESOLUTION NO.3179 September 28,2010
Page 2
EXHIBIT #2:Previous "Notice To Correct"letters sent.
EXHIBIT #3:Notice of Violation and Order to Correct or Cease Activity dated July 30,2010 from
the Code Enforcement Officer addressed to Eric and Brianna Benson,522 Kentucky,Moses
Lake,WA 98837.
EXHIBIT #4:Pictures taken by Code Enforcement Officer of the property located at Parcel
#110993695,Moses Lake,Washington.
EXHIBIT #5: Letter dated September 14,2010,from the Code Enforcement Officerto Eric and
Brianna Benson advising the property owner of the hearing regarding abatement of property,
scheduled for September 28,2010.
Resolved:
1. A public nuisance in violation of MLMC 8.14.030 Uand 18.17.090Aexistson the subject property at
Parcel #110993695,Moses Lake,Washington.Ericand Brianna Benson,522 Kentucky, Moses Lake,
WA 98837 are the record contract owners of the subject property per the records of Grant County.
2. The publicnuisance located upon the subject property consists of:
2.1.Dead weeds and grasses over 12"in height and a dead lawn.
3. The maintenance of these public nuisance 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 qualityof life and diminishingproperty values.
4. Eric and Brianna Benson,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 Spray and remove noxious weeds from the property.
5.City staffshall provide a status report to City Council ontheprogressofthe record contract owners
and occupanttomakethe clean uprequired onthe subject property.If the improvements,as listed
above, are nottothe satisfaction ofthe Code Enforcement Officer,the Cityisauthorized to use City
forces or contract forces to cause the identified public nuisances to be removed from the subject
property to the satisfaction ofthe City Manager.All costs ofany removal ofthe identified public
nuisances done at City expense shallbe recovered bythe City Managerby all reasonable means
including immediate assignment ofthe costs so incurred for collection.
6. A copy of this resolution shall be provided to the record contract owners by return receipt and
regular mail after itsapproval bythe City Council.
Adopted by the City Councilon September 28,2010.
Jon Larte;Mayor
ATTEST:
Ronald R.Cone,Finance Director
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