3186RESOLUTION NO.3186
Page 2 October12,2010
EXHIBIT #4: Letter dated September 21,2010,from the Code Enforcement Officer to Ryan
Winzier advising the property owner of the hearing regarding abatement of property,scheduled
for October 12,2010.
EXHIBIT #5:Pictures taken by Code Enforcement Officer of the property located at 1103
Cascade,Moses Lake,Washington
Resolved:
1. A public nuisance in violation of MLMC 8.14.030 V exists on the subject property at 1103 Cascade,
Moses Lake,Washington.Ryan Winzier,1103 Cascade,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 shrubs
3.The maintenance of these public nuisance violations on the subject property by the 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 property values.
4. Ryan Winzier,the record contract owner, has fifteen (15)days from the date ofthe adoption 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 Remove dead shrubs from the property
5. Citystaff shall provide a status report to CityCouncil on the progress of the record contract owner
and occupant to make the clean up required on the subject property.If the improvements,as listed
above,are not to the satisfaction of the Code Enforcement Officer,the City is authorized to use 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 of any removal of the identified public
nuisances done at City expense shall be recovered by the City Manager by all reasonable means
including immediate assignment of the costs so incurred for collection.
6. Acopyofthis resolution shall be provided tothe record contract owner byreturn receipt and regular
mail after its approval by the City Council.
Adopted by the City Council on October 12,2010.
ATTEST:
RoKald R.Cone,Finance Director
Jon tarfe,Mayor
(^)RESOLUTION NO.3186
n
A RESOLUTION DETERMINING THAT RYAN WINZLER IS THE OWNER OF 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 bya Code EnforcementOfficer of the City,a person
authorized to enforce the ordinances and municipal code of the City,that the real property located at
1103 Cascade (Lot 1, Block 9,Guffin Eccles Addition #3 -Parcel #91718000),Moses Lake,
Washington, isthe site ofpublicnuisance violationsofMoses Lake Municipal Code (MLMC)8.14.030.
The records ofGrant County showthe ownerofthe subject property to be Ryan Winzier,1103 Cascade,
Moses Lake,WA 98837.
2. Notice. On August 13,2010,the Code Enforcement Officercaused 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 that order. The time to comply under that order has
passed.The nuisance described inthat order has not been abated bycorrectionofthe condition ofthe
propertyand a nuisance continues toexist on the subject property.On September21,2010,the Code
Enforcement Officer caused to be delivered to Ryan Winzier a notice of the intent of the City Council
to consider adoption of a resolution such as this at its meeting of October 12,2010.Such notice was
inwriting,inthe English language and wasdelivered byreturn receipt mailand regular mailtothe record
owner of the subject property.
3. Violations. Ithas been established bythe NoticeofViolationand Order to Correct or CeaseActivity that
the following violations exist on the subject property and have not been corrected:
3.1 A violation of MLMC 8.14.030 V. -The existence of any dead,diseased,infected,or dying tree,
shrub,or other vegetation which may pose a dangerto vegetation,crops,property,or persons.
4.Hearing.On October 12,2010 the Moses Lake City Council conducted a hearing to consider the
allegations ofthe Code Enforcement Officerthatthe subject property contains a publicnuisanceordered
correctedwhich remains uncorrected and thatthe record owner is responsible for thecosts of correcting
and abating such violations ifsuch corrections and abatement is accomplished byCityforces orforces
contracted bythe Cityfor such purpose.All interested personswere permitted to provide writtenor oral
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 of the record of the proceedings:
EXHIBIT #1:Moses Lake Municipal Code Chapter 8.14.030
EXHIBIT #2:"Notice To Correct Unsafe or Unlawful Condition"dated June 16,2010 from the
Code EnforcementOfficer addressed to Ryan Winzier,1103 Cascade,Moses Lake,WA 98837
^.EXHIBIT #3:"Notice of Violation and Order to Correct orCease Activity"dated August 13,2010
fi from theCodeEnforcementOfficeraddressed to Ryan Winzier,1103Cascade,Moses Lake,WA
98837