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RESOLUTION NO.3195
A RESOLUTION DETERMINING THAT LORANCE PENCE IS THE OWNER OF CERTAIN REAL
PROPERTYWITHIN THECITY;THATA NUISANCE REQUIRING ABATEMENT BYCITY FORCES
OR FORCES CONTRACTEDBYTHECITY EXISTSON 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 Enforcement Officer of the City,a person
authorized to enforce the ordinances and municipal code of the City,that the real property located at Lot
15,Block5,Capistrano Park,Parcel #90967000,Moses Lake,Washington,is the site ofpublic nuisance
violations of Moses Lake Municipal Code (MLMC)8.14.The records of Grant County showthe owner of
the subject propertyto be Lorance Pence,26910 92nd Avenue NW,Suite C-5,Stanwood,WA 98292.
2. Notice. On August 18,2010,the Code Enforcement Officer caused to be delivered by regular mail and
certified mail to the owner of record of the subject propertya Notice of Violation 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
property and a nuisance continues to exist on the subject property. On October 14, 2010, the Code
Enforcement Officer caused to be delivered to Lorance Pence a notice of the intent of the City Council
to consider adoption of a resolution such as this at its meeting of October26,2010.Such notice was in
writing, in the 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 by the Notice of Violation and Order to Correct or Cease Activitythat
the followingviolations exist on the subject property and have not been corrected:
3.1 Aviolationof MLMC 8.14.030 M5 - Anypoison oak or poison ivy,Russian thistle or other noxious
weeds,as defined by Chapter 8.22 of the 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 ofthe Code Enforcement Officerthat the subject property contains a publicnuisance ordered
corrected which remains uncorrected and that the record owneris responsible for the costs of correcting
and abating such violations ifsuch corrections and abatement is accomplished by Cityforces or forces
contracted bythe Cityfor such purpose.All interested persons were permitted to providewrittenor 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 exhibitswere made a part ofthe record ofthe proceedings:
EXHIBIT #1:Moses Lake Municipal Code Chapter 8.14,Section .030
EXHIBIT#2:Previous "Notice To Correct"letter dated April23,2010.
EXHIBIT #3: Notice of Violation and Order to Correct or Cease Activitydated August 18,2010
from the Code EnforcementOfficer addressed to LorancePence,26910 92nd Avenue NE,Suite
C-5,Stanwood,WA 98292
RESOLUTION NO.3195
Page2 October 26,2010
EXHIBIT #4:Pictures taken byCode Enforcement Officerofthe property located at Lot 15,Block
5,Capistrano Park,Moses Lake,Washington.
EXHIBIT #5:Letterdated October 14,2010,from the Code EnforcementOfficerto Lorance Pence
advising the property ownerofthehearingregarding abatement ofproperty,scheduled for October
26,2010.
Resolved:
1.Apublic nuisance in violation of MLMC 8.14existsonthesubjectproperty at Lot 15,Block 5,Capistrano
Park, Moses Lake,Washington.Lorance Pence, 26910 92nd Avenue Ne,Suite C-5,Stanwood,WA
98292 is the record contract owner of the subject property per the records of Grant County.
2. The public nuisance located uponthe subject property consists of:
2.1.Weeds and/or grass over 12" high
3. The maintenance ofthese public nuisance violations on the subject property bythe record owneris
detrimental tothe health,safety,welfare,peace and tranquility ofthe residents ofthe City impacting
the qualityof lifeand diminishing property values.
4. LorancePence, the recordcontractowner,has fifteen (15)days from the date ofthe adoption ofthis
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 Cut or spray weeds on the property
5.City staffshall provide a status report toCity Council onthe progress ofthe record contract owners
andoccupant tomakethe clean up required onthe subject property.If the improvements,as listed
above, are nottothe satisfactionofthe Code EnforcementOfficer,the City is authorized to use 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 of any removal ofthe 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.Acopy ofthis resolution shall beprovided tothe record contract owner by return receipt and regular
mail after its approval by the City Council.
Adopted bythe City Councilon October 26, 2010.
Jon LaneTMayor
ATTEST:
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Ronald R.Cone,Finance Director
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