3180<J
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RESOLUTION NO.3180
A RESOLUTION DETERMININGTHAT MICHAEL WATSON IS THEOWNEROF 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 PropertyLocation and Ownership.Itis alleged bya Code Enforcement Officer ofthe City,a person
authorized to enforce the ordinances and municipal code of the City,that the real property located at
502 Kentucky (Lot 2 Blk 6,Sage Vista First Addition Major Plat)Parcel #110993642,Moses Lake,
Washington,is the site of public nuisance violations of Moses Lake Municipal Code (MLMC)8.14.030
and 18.57.090.The records of Grant County show the owner of the subject property to be Michael
Watson,502 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 ownerof record of the subject property a Notice of Violation and Order to Correct
or Cease Activity.Noappeal was filedto challenge that order. The time tocomply underthat 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 Michael Watson a notice of the intentof the City Council
to consider adoption ofa resolution such as this at its meeting of September28,2010.Such notice was
inwriting,inthe English languageandwasdelivered byreturn receipt mailand regular mailtothe record
owner of the subject property.
3. Violations. Ithas been established bythe NoticeofViolationand Orderto Correct or CeaseActivity that
\^^J the following violations exist on the subject property and have not been 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
growingor 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")inheight measured above the ground.
3.2 A violation of MLMC 18.57.090 A. -The property owner shall maintain all landscape plant
material for the lifeofthe project.All unhealthy or dead plant materials shall be replaced within
the next planting season,not to exceed one hundred eighty (180)days from the date of loss.
Trees and shrubs shall onlybe pruned and trimmed as necessary to maintain a healthy growing
condition 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 City Council conducted a hearing to consider the
allegationsoftheCode Enforcement Officer thatthesubjectpropertycontainsa public nuisanceordered
corrected which remains uncorrected and thatthe record owneris responsible for the costs ofcorrecting
and abatingsuch violations ifsuch correctionsand abatement isaccomplishedbyCity forcesorforces
contractedbythe City forsuch purpose.All interestedpersons were permitted to provide written 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:
RESOLUTION NO.3180 September 28,2010
Page 2
EXHIBIT #1:Moses Lake Municipal Code Chapters 8.14.030 and 18.57.090
EXHIBIT #2:Previous "Notice To Correct"letter sent.
EXHIBIT #3:Notice of Violation and Order to Correct or CeaseActivity dated July 30,2010 from
the Code Enforcement Officer addressed to Michael Watson,502 Kentucky,Moses Lake,WA
98837.
EXHIBIT #4: Pictures taken by Code Enforcement Officer of the property located at Parcel
#110993642,Moses Lake,Washington.
EXHIBIT #5: Letter dated September 14, 2010, fromthe Code Enforcement Officerto Michael
Watson advising the property ownerofthe hearing regarding abatement of property,scheduled
for September 28,2010.
Resolved:
1. Apublic nuisance in violation of MLMC 8.14.030 Uand 18.17.090 Aexistson the subject property at
Parcel #110993642,Moses Lake, Washington.Michael Watson, 502 Kentucky,Moses Lake, WA
98837 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.Dead weeds and grasses over 12" in height and a dead lawn.
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.Michael Watson, the record contract owner, has fifteen (15)days from the date ofthe adoptionof
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.
5.City staff shall provide a status report to City Council onthe progress ofthe record contract owner
andoccupant to make theclean up required onthesubject property.If the improvements,as listed
above, are nottothe satisfactionofthe Code EnforcementOfficer,the City isauthorizedtouse 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 of this resolution shall be provided totherecord contract owner by return receipt andregular
mail after its approval by the City Council.
Adopted bythe CityCouncilon September 28,2010.
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ATTEST:^>
Ronald R.Cone,Finance Director