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RESOLUTION NO.3194
A RESOLUTION DETERMINING THAT DOROTHY N.HESTER 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 by a Code Enforcement Officer of the City,a person
authorized to enforcetheordinances and municipal code of theCity,thatthe real property located at 2603
Texas Street,Lot 22,Peninsula Addition #1,Parcel #110840000,Moses Lake,Washington,is the site
ofpublicnuisance violationsof Moses Lake Municipal Code (MLMC)8.14. The records ofGrant County
show the owner of the subject property to be Dorothy N.Hester,2603 Texas Street,Moses Lake,WA
98837
2. Notice. On August 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 filed to challenge that order.The time to comply under that order has
passed.The nuisance described in that order has not been abated by correction of the condition of the
property and a nuisance continues to exist on the subject property. On October 14,2010,the Code
Enforcement Officer caused to be delivered to Dorothy Hester a notice of the intent of the City Council
to consider adoption of a resolution such as this at its meeting of October 26,2010.Such notice was in
writing,inthe English language and was delivered by return receipt mail and regular mail to the record
owner of the subject property.
3. Violations.Ithas been established bythe Noticeof Violation and Order to Correct or Cease Activity that
the followingviolations exist on the subject property and have not been corrected:
3.1 A violation of MLMC8.14.030 AA-The keeping or maintenance in any area on private property
which isclearlyvisiblefrom a publicstreet,sidewalk, park or other public area any accumulation,
collectionor untidystorage ofany ofthe following:old appliances or parts thereof; old iron,steel,
aluminum or othermetal;inoperable vehicles,vehicle parts,machinery or equipment;mattresses,
bedding,clothing,rags or cloth;straw, packingmaterials,cardboard or paper, tincans, wire,
bottles, glass, cans, barrels, bins, boxes, containers,ashes,plaster or cement; orwood. This
determinationshallnotapplytoconditionscompletelyenclosed within a building orfencingso as
not to be visible from public property.
4. Hearing. On October 26, 2010 the Moses Lake City Council conducted a hearing to consider the
allegations oftheCodeEnforcement Officer thatthesubjectproperty contains a public nuisanceordered
corrected which remains uncorrected and that the record owner is responsible forthe costs ofcorrecting
and abating such violations if such corrections andabatementis accomplished byCity forcesorforces
contracted bythe City for such purpose.All interested personswerepermitted to provide written or 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 partofthe recordofthe proceedings:
EXHIBIT #1:Moses Lake MunicipalCode Chapter 8.14.030
EXHIBIT #2:Previous "Notice To Correct"letter dated August 16,2010
RESOLUTION NO.3194
Page2 October 26,2010
EXHIBIT #3:Notice of Violation and Order to Correct or Cease Activity dated August 30,2010
from the Code Enforcement Officer addressed to Dorothy Hester,2603 Texas,Moses Lake, WA
98837
EXHIBIT #4:Pictures taken byCode Enforcement Officerof the property located at 2603 Texas,
Moses Lake,Washington.
EXHIBIT#5:Letter dated October 14,2010,from the Code Enforcement Officer to Dorothy Hester
advising the property ownerofthehearing regarding abatementofproperty,scheduledfor October
26,2010.
Resolved:
1.Apublic nuisance in violation ofMLMC 8.14,Section .030 exists onthesubject property at 2603 Texas,
Moses Lake,Washington.Dorothy Hester,2603Texas, Moses Lake,WA 98837isthe record contract
owner of the subject property per the records ofGrant County.
2. The public nuisance located uponthe subject propertyconsists of:
2.1.Furniture in the yard
3.The maintenance ofthese public nuisance violations onthe subject property by the record owner is
detrimental tothe health,safety,welfare,peace and tranquility ofthe residentsofthe City impacting
the qualityof life and diminishing propertyvalues.
4.Dorothy Hester,the record contract owner,has fifteen (15)days from thedateofthe adoption of 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 Removal of the furniture from the yard
5.City staffshall provide a status report to City Council onthe progress ofthe record contractowners
andoccupant to make the clean uprequired onthesubject property.If the improvements,as listed
above, are nottothe satisfactionofthe Code EnforcementOfficer,the City isauthorizedto 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 of the identified public
nuisances done at City expense shall be recovered bythe City Manager by all reasonable means
including immediateassignment ofthe costs so incurred forcollection.
6. Acopyofthis resolution shall be provided tothe record contractownerby return receipt and regular
mail after its approval by the City Council.
Adopted by the City Council on October 26,2010.
Jon Lane,Mayor
ATTEST:
Ronald R.Cone,Finance Director
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