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RESOLUTION NO.3193
A RESOLUTION DETERMINING THAT JOLIPESEK IS THE OWNEROF CERTAIN REAL
PROPERTYWITHIN THE CITY;THAT A NUISANCE REQUIRINGABATEMENT 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.It is alleged by a Code Enforcement Officer of the City,
a person authorized to enforce the ordinances and municipal code of the City, that the real
property located at 1230 W. Broadway Avenue (Lot 2, Hansen Addition Unit #2), Parcel
#100024000,Moses Lake,Washington,is the site of public nuisance violations of Moses Lake
Municipal Code (MLMC)18.14.030.The records of Grant County showthe ownerofthe subject
propertyto be Joli Pesek,1203 169th Place SW, Lynnwood,WA 98037.
2. Notice. On August 2,2010,the Code Enforcement Officer caused to be delivered by regular
mail and certified mail to the owner of record ofthe subject property a Notice ofViolation 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 propertyand a nuisance continues to exist on the subject
property.On October 14, 2010, the Code Enforcement Officer caused to be delivered to Joli
Pesek a notice of the intent of the CityCouncilto consider adoption of a resolution such as this
at its meeting of October26, 2010. Such noticewas in writing,inthe English languageand
was delivered by return receipt mail and regular mail to the record owner of the subject
property.
3. Violations.It has been established by the Notice of Violation and Order to Correct or Cease
Activity thatthe following violations exist on the subject propertyand have notbeen corrected:
3.1 A violation of MLMC 8.14.030 M 5 - Any poison oak or poison ivy, Russian thistle orother
noxious weeds,as defined byChapter8.22 ofthe Moses Lake Municipal Code entitled"Noxious
Weed Control"whether growing or otherwise; but nothing herein shall prevent the temporary
retention of such weeds in approved covered receptacles.
4. Hearing. On October 26,2010 the Moses Lake City Council conducted a hearing to consider
the allegations of the Code Enforcement Officer that the subject property contains a public
nuisance ordered corrected which remains uncorrected and that the record owner is
responsible for the costs of correcting and abating such violations if such corrections and
abatement is accomplished by City forces or forces contracted by the City for such purpose.
All interested persons were permitted to provide written or oral evidence relevantto the issue.
5.Evidence:
5.1.The following persons testified under oath:
Clair Harden,Moses Lake Code Enforcement Officer and Joli Pesek,property owner
5.2. The following exhibits were made a partof the recordof the proceedings:
EXHIBIT#1:Moses Lake Municipal Code Chapter 8.14,Section .030
RESOLUTION NO.3193
Page 2 October 26, 2010
EXHIBIT #2:Notice of Violation and Order to Correct or Cease Activity dated August 2,
2010 from the Code Enforcement Officer addressed to Joli Pesek,1203 169th Place SW,
Lynnwood,WA 98037.
EXHIBIT #3:Pictures taken by Code Enforcement Officer of the property located at
1230,Broadway,Moses Lake,WA 98837.
EXHIBIT #4:Letter dated October 14,2010,from the Code Enforcement Officer to Joli
Pesek advising the property owner of the hearing regarding abatement of property,
scheduled for October 26,2010.
Resolved:
1.Apublicnuisance in violation of MLMC 8.14.030 M5 exists on the subject propertyat 1230 W.
Broadway,MosesLake,Washington.Joli Pesek,1203169th PlaceSW,Lynnwood,WA 98037
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.Weeds and/or gras over 12"in height.
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 Cityimpacting the quality of life and diminishing property values.
4. Joli Pesek,the record contract owner,has 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 Clean up weeds and/or grass over 12"in height
5. Citystaff shall provide a status report to CityCouncil on the progress of the record contract
owners and occupant to make the clean up required on the subject property.If the
improvements,as listed above,are not to the satisfaction ofthe 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. Acopy ofthis resolution shall be provided to the record contract owner byreturn receipt and
regular mail after its approval by the City Council.
Adopted by the City Council on October 26,2010.
JcftrtTane,Mayor
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Ronald R.Cone,Finance Director