3181RESOLUTION NO.3181
V_/^A RESOLUTION DETERMINING THAT TERRI J.SHALLENBERGER IS THE OWNER OF
CERTAIN REAL PROPERTYWITHIN THE CITY;THAT ANUISANCE 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 EnforcementOfficerof the City,a person
authorized to enforce the ordinances and municipal code of the City,that the real property located at
530 Florida(Lot17,Block4,Sage Vista Second Addition MajorPlat), Parcel #110993728,Moses Lake,
Washington, isthe site ofpublicnuisance violations ofMoses 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 Terri J.
Shallenberger,530 Florida,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 Orderto Correct
or Cease Activity.No appeal was filedto challenge that order. The time tocomply under that order has
passed.The nuisance described inthat order has not been abated bycorrectionofthe conditionofthe
propertyand a nuisance continues to exist on the subject property.On September 14,2010,the Code
Enforcement Officer caused to be delivered to Terri J.Shallenberger 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.
<J
^J
3. Violations. Ithas been established bythe NoticeofViolationand Order to Correct or Cease Activity that
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
environmentallysensitive 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 notexceed twelveinches (12")inheightmeasured above the ground.
3.2 AviolationofMLMC 18.57.090 A: The property ownershall maintain alllandscapeplant material
for the lifeofthe project.All unhealthy or dead plant materials shall be replaced withinthe next
plantingseason,notto exceed one hundred eighty (180)days fromthe date ofloss.Trees and
shrubs shall only be 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 CityCouncilconducted a hearing to consider the
allegationsoftheCode EnforcementOfficer thatthesubject propertycontainsa public nuisance ordered
corrected which remains uncorrected and that the record owneris responsible forthecostsof correcting
and abating such violationsifsuch correctionsand abatement isaccomplished byCity forces orforces
contracted bythe City forsuch purpose.All interested persons were permittedtoprovidewritten 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 ofthe record of the proceedings:
EXHIBIT #1:Moses Lake Municipal Code Chapters 8.14.030 U and 18.57.090 A
RESOLUTION NO.3181
Page 2 September 38,2010
EXHIBIT #2:Previous "Notice To Correct"letter sent.
EXHIBIT #3:Notice of Violation and Orderto Correct or Cease Activity dated July 30,2010 from
the Code Enforcement Officer addressed to Terri Shallenberger,530 Florida,Moses Lake,WA
98837.
EXHIBIT #4:Pictures taken by Code Enforcement Officer of the property located at Parcel
#110993728,Moses Lake,Washington.
EXHIBIT #5: Letter dated September 14, 2010,from the Code Enforcement Officer to Terri
Shallenberger 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 U.and MLMC 18.17.090 A.exists on the subject
property at Parcel #110993728,Moses Lake,Washington.Terri Shallenberger, 530 Florida,Moses
Lake,WA 98837 isthe record contract ownerofthe subject propertyper the records ofGrant County.
2. The public nuisance located upon the subject propertyconsists of:
2.1.Weeds or grass 12 inches or greater growing on the propertyand 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 quality of lifeand diminishing property values.
4.Terri J.Shallenberger,therecordcontractowner,has fifteen (15)days from thedate oftheadoption
ofthis 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 staff shall 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 nottothe satisfaction 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 tothe satisfaction ofthe City Manager.All costs ofany removal ofthe identified public
nuisances done at City expense shallbe recoveredbythe City Managerbyall reasonable means
including immediate assignment ofthe costs so incurred forcollection.
6. Acopy ofthis resolution shall beprovided to the record contract owner by return receipt andregular
mail after its approval by the City Council.
Adopted by the City Councilon September 28,2010.
Jon ;,Mayor
ATTEST:
/Ss^-
Ronald R.Cone,Finance Director
~
~
r>