3239u
u
u
RESOLUTION NO.3239
A RESOLUTION DETERMINING THAT EMC MORTGAGE CORP FOR FIS TAX IS THE
OWNER OF CERTAIN REAL PROPERTY WITHIN THE CITY;THAT A NUISANCE
REQUIRING ABATEMENT BY CITY FORCES OR FORCES CONTRACTED BYTHE CITY
EXISTS ON SUCH PROPERTY;AND DIRECTING THE USE OF SUCH FORCES TO
ABATE THE NUISANCE FOUND
Recitals:
1.Real PropertyLocationand Ownership.It isalleged by aCode Enforcement Officerofthe City,
a person authorized to enforcethe ordinances and municipal code of the City,thatthe real
property located at 818 Sage Bay Drive,Lot 10,Block 1, Sage Bay Division No.8,Parcel
#110993209,Moses Lake,Washington, isthe site of public nuisance violations ofMoses Lake
Municipal Code (MLMC)8.14.030 UandV. The records of Grant Countyshowthe ownersof
the subject property to be EMC Mortgage Corp for FIS Tax,3100 NewYork Drive,Suite 100,
Pasadena,CA91107.
2. Notice. OnJune 9,2011,the Code Enforcement Officercaused to be delivered by regularmail
and certifiedmailto the owner of recordofthe subject propertya Noticeof Violation and Order
to Corrector 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.OnAugust 22,2011,the Code Enforcement Officer caused to be delivered to EMC
Mortgage Corp for FISTax a noticeof the intentofthe City Council to consider adoption of a
resolution such as this at its meeting of September 13,2011.Such notice was inwriting,inthe
English language and was delivered by returnreceipt mailand regularmailtothe recordowner
of the subject property.
3. Violations.It has been established by the Notice of Violation and Order to Correct or Cease
Activitythat the following violations exist on the subject property and have not been corrected:
3.1 A violation of MLMC 8.14.030 U and V:
U. Except forany designated publicparkland, naturalarea, orenvironmentally sensitive area,
or any undeveloped parcels of land not adjacent to developed areas orwhich are used for
agricultural purposes,all grasses,weeds,or other vegetation growing orwhich has grown
and died, which is determined to be a fireor safetyhazard ora nuisance to persons,shall not
exceed twelve inches (12") in height measured above the ground.
1.The above exception may be waived and additional maintenance required by the Code
Enforcement Officer if he determines such action is necessary to protect the safety of
persons or adjoining property.
2. All maintenance shall be done in a manner so that soil stability will not be disrupted or
disturbed.Grass,weed,or vegetation control shall not include plowing, discing, or
scraping the soil to eliminate the grasses,weeds,or other vegetation unless a soil
stabilization plan, which will minimize blowing dust and maintain soil stability and which
shall be approved by the city priorto any plowing, discing, or scraping, is implemented
immediately.
V.The existence of any dead,diseased,infected,ordying tree, shrub, orothervegetation which
may pose a danger to vegetation,crops,property,or persons.
RESOLUTION NO.3239
Page 2 September 13,2011
4. Hearing. On September 13,2011 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 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:Previous "Notice To Correct"letter sent.
EXHIBIT #3: Notice of Violation and Order to Correct or Cease Activity dated June 9,
2011 from the Code Enforcement Officer addressed to EMC Mortgage Corp for FIS Tax,
3100 New York Drive,Suite 100,Pasadena,CA 91107.
EXHIBIT #4:Pictures taken by Code Enforcement Officer ofthe property located at 818
Sage Bay Drive,Moses Lake,Washington.
EXHIBIT #5:Letter dated August 22,2011,from the Code Enforcement Officer to EMC
Mortgage Corp for FIS Tax,advising the property owner of the hearing regarding
abatement of property,scheduled for September 13,2011.
Resolved:
1.A public nuisance inviolation of MLMC8.14.030 U. and V.exists on the subject property at 818
Sage Bay Drive,Moses Lake,Washington.EMC Mortgage Corp for FIS Tax,3100 New York
Drive,Suite 100,Pasadena,CA 91107 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,weeds,and tall grasses
3.The maintenance ofthese 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. EMCMortgage Corp forFISTax, the recordcontract 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:
n
n
RESOLUTION NO.3239
Page 3 September 13,2011
4.1 Removal of all dead shrubs,weeds,and tall grasses from the front, side, and rear
yards
5.City staffshall provide a status reportto City Council onthe progress ofthe recordcontract
owners and occupant to make the clean up required on the subject property.If the
improvements,as listed above,are not tothe satisfaction oftheCode Enforcement Officer,
the City is authorized to use City forces or contractforces to cause the identified public
nuisances to be removed from the subject propertytothe 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 immediate assignment
of the costs so incurred for collection.
6. Acopyofthis resolution shall be provided tothe record contractownerby return receipt and
regular mail after its approval by the CityCouncil.
Adopted by the City Council on September 13,2011.
Joj>l^ane,Mayor
ATTEST:
Ronald R.Cone,Finance Director
CITY OF MOSES LAKE MUNICIPAL CODE
CHAPTER 8.14 -NUISANCES
8.14.030 Nuisance Defined.Each of the followingconditions,unless otherwise permitted by law,is declared
to constitute a public nuisance,and wheneverthe Code Enforcement Officer determines that any
of these conditions existupon any premisesorin anystream,drainage wayorwetlands,the officer
may require or provide for the abatement thereof pursuant to this chapter.
A.The existenceof any trash,dirt,filth,and carcass of any animal,waste shrubs,accumulation
of lawn or yard trimmings or other offensive matter.
B.Defective oroverflowing septic or sewage systems,and the existence ofany noxious,foul,or
putrid liquidor substance which poses a health hazard or creates a noxious odor.
C.Any man-caused pool of standing or stagnant water,except storm drainage systems,which
serves as a breeding area for insects.
D.Accumulation of garbage,decaying vegetation,manure,dead animals,orother noxious things
ina streetoralley,oron publicor private propertyto an extent injuriousto the publichealth as
determined by the Health Officer.
E. Allotheracts,failureto act,occupations,or use of property which is determined by the Health
Officer to be a menace to the health ofthe public.
F. All limbs oftreeswhich are less than seven (7) feet above the surface of any public sidewalk,
or twelve (12)feet above the surface ofany street.
G. Allbuildings, other structures, or portions thereof which have been damaged by fire,decay,
neglect,or have otherwise deteriorated or become dilapidated so as to endanger the safety
ofthe public.
H. All explosives,flammable liquids, and other dangerous substances stored or used in any
manner in violation of the State Fire Code.
I.The keeping or harboring of any dog, fowl, or other animal which by frequent or habitual
howling, yelping, barking, crowing, or in the making of other noises,annoys or disturbs the
public, or the habitual allowing of dogs kept at any one address to run at large in violation of
Chapter 6.05 of the Moses Lake Municipal Code entitled "Animal Control".
J. Making or causing to be made by any means whatsoever any noise of any kind which is a
violation of Chapters 8.28 of the Moses Lake Municipal Code entitled "Noise Control".
K.The frequent, repetitive, or continuoussound made byany secured,unsecured,ordeteriorated
membrane or sheet metal,being moved by the wind or other source,which unreasonably
interferes with the peace,comfort and repose of adjacent property owners or possessors.
L. Dumping, throwing, placing, leaving or causing or permitting to be dumped,thrown, placed or
left,any filth,paper,cans,glass, rubbish, trash garbage,grasstrimmings,shrubtrimming, and
shrubbery of any kind, inor upon any street,alley,sidewalk,ditch, or public or private property
ofanother in the city.
M.The erecting, maintaining, using, placing,depositing, leaving or permittingto be or remain in
orupon any private lot,building,structure or premises,orinorupon any street,alley,sidewalk,
park, parkway or other public or private place in the city,any one or more of the following
disorderly, disturbing, unsanitary,fly-producing,rat-harboring,disease-causing places,
conditions or things:
1.Any putrid,unhealthy or unwholesome bones,meat, hides,skins,orwhole orany partof
any dead animal, fish or fowl,or waste parts of fish,vegetable or animal matter in any
quantity; but nothing herein shall prevent the temporary retention of waste in approved
covered receptacles.
2. Any privies,vaults,cesspools,sumps,pitsorlikeplaces which are not securely protected
from flies and rats, or which are foul or malodorous.
Exhibit 1
Page 1 of4
16 (12/09)
CITY OF MOSES LAKE MUNICIPAL CODE
CHAPTER 8.14 -NUISANCES
3. Any filthy,littered ortrash-covered dwellings,cellars,house yards,barnyards,stableyards,
factory yards,vacant areas in the rear of stores,vacant lots,houses,buildings or
premises.
4. Any animalmanure inany quantitywhich is not securely protected from flies orweather
conditions, orwhich is kept or handled inviolationof any ordinance of the city.
5. Any poison oak or poison ivy,Russian thistle or other noxious weeds, as defined by
Chapter8.22ofthe Moses Lake Municipal Code entitled"NoxiousWeed Control"whether
growing or otherwise;but nothing herein shall preventthe temporaryretention of such
weeds in approved covered receptacles.
6. Anybottles,cans, glass,ashes,smallpieces ofscrap iron,wire,metalarticles,bric-a-brac,
broken crockery,broken glass, broken plasterand all such trash, orabandoned material,
unless itis kept inapproved covered bins or galvanized ironreceptacles.
7. Any trash,litter,rags, accumulations or empty barrels,boxes, crates, packing cases,
mattresses,bedding, excelsior, packinghay, straworother packingmaterial,lumbernot
neatlypiled,scrap iron,tinorothermetalnotneatlypiled,oranything whatsoever inwhich
flies or rats may breed or multiplyorwhich may be a fire hazard.
N. The permitting to remain outside any dwelling,building,or other structure, or within any
unoccupied or abandoned building,dwelling,or other structure,in a place accessible to
children,any abandoned, unattended, or discarded ice chest,refrigerator or other airtight
contained,which does not have the door, lidor other locking device removed.
O.Any pit,hole, basin or excavation which is unguarded or dangerous to life or has been
abandoned,or is no longer used for the purpose constructed,or is maintained contrary to
statutes,ordinances,or regulations.
P. Any well or storage tank permitted to remain on any publicor private propertywithout being
securely closed or barring any entrance ortrap door thereto, orwithout filling orcapping any
well.
Q. The repairor abandonment of any automobile, truck, orother motorvehicle of any kindupon
the public streets or alleys of the city.
R.The keeping or permitting the existence ofany bees or other insects,reptiles,rodents,fowl,
orany other animals,domestic orwild,inany mannercontraryto law,orwhich affect the safety
ofthe public.
S.The existence of any fence, other structure, orthing on privateor public property abutting or
fronting upon any public street,sidewalk,or place, which is sagging,leaning, fallen,decayed
or is otherwise dilapidated and creating an unsafe condition.
T.The existence of any vine,shrub,or plant growing on,around,or in front of any fire hydrant,
utility pole,utility box, or any other appliance or facility provided for fire protection, public or
private utility purposes in such a way as to obscure from view or impair access thereto.
U.Except for anydesignated public park land, natural area, or environmentally sensitive area, or
any undeveloped parcels of land not adjacent to developed areas or which are used for
agricultural purposes,allgrasses,weeds,or othervegetation growing orwhich has grown and
died, which is determined to be a fire or safety hazard or a nuisance to persons,shall not
exceed twelve inches (12") in height measured above the ground.
1.The above exception may be waived and additional maintenance required by the Code
Enforcement Officer if he determines such action is necessary to protect the safety of
persons or adjoining property.
2. All maintenance shall be done in a manner so that soil stability will not be disrupted or
disturbed.Grass,weed,or vegetation control shall not include plowing, discing, or
scraping the soil to eliminate the grasses,weeds,or other vegetation unless a soil
stabilization plan, which will minimize blowing dust and maintain soil stability and which
17 T77.(12/09)Exhibit 1
Page 2 of4
CITY OF MOSES LAKE MUNICIPAL CODE
CHAPTER 8.14 -NUISANCES
shall be approved by the city prior to any plowing,discing,or scraping,is implemented
immediately.
V. The existence ofanydead,diseased,infected,ordying tree,shrub,orothervegetationwhich
may pose a danger to vegetation,crops,property, or persons.
W. The existence of any accumulation of materials or objects in a location when the same
endangers property,safety or constitutes a fire hazard.
X. The depositing orburning orcausingto be depositedorburned inanystreet,alley,sidewalk,
parkway orotherpublic place which isopento travel,ofany hay,straw,paper,wood,boards,
boxes,leaves,manure or other rubbish or material.
Y. The storage or keeping on any premises for morethan thirty days of any used or unused
building materials as defined inSection8.14.010(F),whose retail cost newwould exceed one
hundred dollars,withoutaspecialpermitfrom the building official;provided,thatnothingherein
shall:
1.Prohibit suchstoragewithout a permit whendoneinconjunction with aconstruction project
for whicha building permit has been issued and which is being prosecuted diligently to
completion.
2.Prohibit such storage without a permit upon the premises of a bona fide lumber yard,
dealerin building materials orother commercial enterprisewhen the same is permitted
under the zoning ordinance and other applicable laws.
3. Makelawful anysuchstorageorkeepingwhenitis prohibited byotherordinances orlaws.
Z. The existence on any premises of any unused and abandoned trailer,house trailer,automo
bile,boat or other vehicle or major parts thereof.
AA. The keeping or maintenance inany area on private property which is clearly visible from a
public street,sidewalk,parkorotherpublic areaany accumulation,collection oruntidystorage
of any of the following:oldappliances or parts thereof;old iron,steel, aluminumorother
metal;inoperable vehicles, vehicle parts,machinery or equipment;mattresses,bedding,
clothing,ragsor cloth;straw,packing materials,cardboard or paper,tincans,wire,bottles,
glass, cans,barrels,bins, boxes, containers,ashes,plaster or cement; or wood. This
determination shallnotapplytoconditionscompletelyenclosed within a building or fencing so
as not to be visible from public property.
BB. The keeping,permitting or harboring of any fowl,pigeons,rabbits,hoofed or cloven footed
animals,except for caged birds keptwithin a residence or business.
CC. The depositing of any debris, vegetation, lawnclippings, lumber piles,wood piles, auto parts
or bodies, garbage and the like, or storing of any material of any kind, provided that in
residential zones that shall include garbage cans or refuse containers inthe alleys of the city,
except on garbage pickup day.
DD.The existence of graffiti,which is defined as a defacing,damaging,or destructive inscription,
figureor design painted, drawn orthe like, on the exterior of any building, fence, gate, orother
structures or on rocks,bridges,trees,or other real or personal property.
EE.The locating of automobiles,trucks,recreational vehicles,trailers,boats,orany othervehicles,
vessels,or the likeforthe purposeofadvertising its sale on property located inany commercial
or industrial zone not owned by the seller.
FF.The permitting of any condition or situation where the soil has been disrupted,disturbed,or
destablized so as to allow blowing dust to exist.
GG.The existence on any premise any unsecured,unused,or abandoned building or structures.
18 (12/09)
Exhibit 1
Page3 of4
CITY OF MOSES LAKE MUNICIPAL CODE
CHAPTER 8.14 -NUISANCES
HH.Forany building the existenceof any broken glass inwindows ordoors formore than thirty(30)
days.
II.Buildings or portions thereofthathave faulty weather protection,such as openings inwallsand
roofs.Faulty weather protection shall include temporary weather barriers,such as tarps,
plastic or similar material, left in place for more than thirty (30) days.
JJ. Any building whichhas a window,door,orotherexterioropening closed byextrinsicdevices
or some other manner,with material that has not been painted to match or compliment the
buildingsexterior or remains boarded up for more than sixty (60) days.
KK.Any boarded up building that remains boarded up for more than ninety(90)days.
LL Permittingany violationof RCW 59.18.510 inany rentaldwellingunit.
MM.Criminal street gangs and any pattern of criminal street gang activity areeach declaredto be
a public nuisance in violation of this chapter and other applicable code provisions,including
but not limited to the Uniform Code for the Abatement of Dangerous Buildings and State
Housing Code, subject to abatement through all available means.In addition thereto and
without limitation,any patternof criminal street gang activityupon, and the presence and use
of property by, a criminal street gang, withthe owner's knowledge orconsent, constitutes a
public nuisance and grounds forrevocation of any permitorlicense regulating or authorizing
the use of such property.(Ord.2500,7/28/09;Ord.2406,7/8/08;Ord.2299,3/27/07;Ord.
2263,7/11/06;Ord.2196,2/22/05;Ord.2023,6/26/01;Ord. 1932, 5/23/00; Ord.1529,1992)
19 (12/09)
Exhibit 1
Page4 of4
NOTICE TO CORRECT
UNSAFE OR UNLAWFUL
CONDITION
321 S.Balsam St.
P.O.Box 1579
Moses Lake,WA 98837-0244
Phone:(509)766-9214
DATED:
ISSUED TO:
CITY OF
MOSES LAKE
May 18,2011 --.1-1 -^EMC Mortgage Corp For FIS TAX -r-jifFkhw^-W &*»*'
3100NewYorkDRSTE100
Pasadena CA 91107
LOCATION OF UNLAWFUL CONDITION:818 Sage Bay Dr,Moses Lake,WA 98837
DESCRIPTION:Weeds or grassgrowth over 12"inheight, dead shrubs. (See attached picture)
Moses Lake Municipal Code Section No.:8.14.030 U V
As owner, agent, lessee other person occupying or having charge or control ofthe building, lot or
premisesat818 SageBayDr,youareherebynotified thatthe undersigned,pursuanttoChapter8.14
ofthe MosesLakeMunicipal Code,hasdeterminedthatthereexists uponor adjoining saidpremises
the following conditions:
Weeds or grassgrowth over 12"in height.Dead Shrubs.
This is contrary to the provisionsofthe MosesLake Municipal Code Section number 8.14.030U
U. Exceptfor anydesignatedpublic park land,naturalarea, or environmentallysensitive
area,-orany undeveloped parcels ofland not adjacentto developed areas or which are
usedforagriculturalpurposes,all grasses,weeds,or other vegetationgrowingor which
has grown and died, which is determined to bea fire or safety hazard or a nuisance to
persons, shall not exceed twelve inches (12")in height measured above the ground.
V. Theexistence ofanydead, diseased, infected,or dyingtree, shrub,or other vegetation
whichmaypose a dangerto vegetation,crops,property,or persons.
You are notifiedto correct said condition to the satisfaction ofthe undersigned within 10 days of
the date ofthis notice.Ifyou do not correct the conditionwithin the specifiedtime period, a
notice & orderto correct the condition, will be issued to you, which can result in a penalty being
imposed.
Exhibit 2
Page 1 of2
City Manager 766-9201 • CityAttorney 766-9203 • CommunityDevelopment 766-9235 •Finance Department 766-9249 •Fax 766-9392
Fire Department 765-2204 •Municipal Service 766-9217 •MuniciDal Court 7fifi-Q?ni .Part-c *.ooz-roan™7RR.m^n
CORRECTION REQUIRED:The Cityisrequiringthat the weedsor grass be cut or sprayedto
be acceptable to CityCode. Removedeadshrubs.
Iwould like to thank you in advance foryour cooperative efforts.Ifyouhave questions or need
clarification on any ofthe above-mentioned items, please give me a call (509) 764-3746 or come
see me at City Hall.
Sincerely,
C.W.Harden
Code Enforcement Officer I
charden@ci.moses-lake.wa.us
Exhibit 2
Page2 of2
CITY OF MOSES LAKE
NOTICE OF VIOLATION AND ORDER TO CORRECT OR CEASE ACTIVITY
TO:EMC Mortgage Corp For FIS TAX
3100 New York DRSTE 100
Pasadena CA 91107
NOTICE OF VIOLATION
Provisions ofthe City ofMoses Lake Code Violated:
Moses Lake Municipal Code 8.14.030.U & V.
Street Address ofViolation:
818 Sagebay Dr.Moses Lake, WA 98837
BriefLegal Description ofProperty Where Violation Exists:
Lot 10 BLOCK 1 SAGE BAY DIVISION NO. 8 12,577 SQ FT. Parcel #110993209
YOU ARE HEREBY ORDERED TO CORRECT OR CEASE THE ACTIVITY AS
FOLLOWS:
Action Necessary to Correct Violation:
The Cityisrequiringtheremovalofalldeadshrubsfromthepropertylistedabove. The Cityis also
requiring the removal ofall weedsand tall grasses from the front, side andrear yards.
Time by Which Violation is to be Corrected or Activity Ceased:
The Cityis requiring these correctionslisted on this Notice and Order be accomplished by
Junel9,2011.
Exhibit 3
Page 1 of2
YOU ARE FURTHER NOTIFIED THAT THE MOSES LAKE CITY CODE PROVIDES FOR
THE FOLLOWING PENALTIES:
1.Any violation for which a Notice of Violation and
Order to Correct or Cease Activity has been issued
but which has not been corrected within the time
specified shall incur a civil penalty of two hundred
fifty dollars ($250)per day up to a sum of five
thousand dollars ($5,000),beginning on the day the
correction was to be completed.The cumulative
penalty provided for in this paragraph shall not
accrue while an appeal is pending,nor shall the
penalty preclude the initiation of appropriate legal
action to correct the violation.[1.20.050(E)(1)].
2. If a penalty has been assessed pursuant
to 1.20.050(E)(1),a Court shall assess that
penalty and any additional penalty the
Court considers appropriate plus court
costs and attorney's fees.
YOU MAY APPEAL THIS NOTICE AND ORDER TO THE HEARING EXAMINER WITHIN
TEN (10) DAYS, PURSUANTTO SECTION20.03.050 OFTHE MOSES LAKE CITY CODE
AND BY PAYMENT OF A $800.00 FEE.
YOU ARE FURTHER NOTIFIED THAT,IF THE AFOREMENTIONED VIOLATION IS NOT
CORRECTED AS SPECIFIED HEREIN,THIS MATTER WILL BE REFERRED TO THE CITY
ATTORNEY FOR CIVIL ENFORCEMENT BY INJUNCTION OR OTHER APPROPRIATE
ACTION.
Date this June 9th.2011
Greg Nevarez
Code Enforcement Officer II
City ofMoses Lake
(509)764-3753
Exhibit 3
Page 2 of2
053
Page 1of 2
Exhibit 4
Page 2 of2
CITY OF
MOSES LAKE
August 22,2011
EMC Mortgage CorpForFIS TAX
3100 New York Dr STE 100
Pasadena CA 91107
Re: Hearingto PermitCityAbatementofNuisance
Property located at:818 Sagebay Dr.Moses Lake,WA 98837
ViaRegularMailand Return ReceiptMail
EMC Mortgage Corp For FIS TAX:
You are identified in the records ofthe Grant County Assessor as the record owner ofreal
property located within theCity ofMoses Lake described as:Lot 10 Block 1 SAGE BAY
Division NO.8 12,577SQ FT Parcel 110993209
Thispropertyis located at 818 SagebayDr.,MosesLake,WA98837
On June 9th, 2001, the City ofMoses Lakemailed to you byregular mail and return receipt mail
aNotice ofViolation and Orderto Corrector CeaseActivity. No appeal was taken fromthat
Notice ofViolation and Order to Correct or Cease Activity within the time allowed by the City
Code. The time specifiedin that Notice of Violation and Orderto Correct or Cease Activity
expiredwithout compliance.As of August 22,2011,the nuisance locatedon the subject
propertyhasnotbeencorrected or removed.
Pursuant to Moses LakeMunicipal Code (MLMC)8.14.070 the City ofMoses Lake is giving
younotice that it will conducta hearing beforethe Moses LakeCityCouncil at the Council's
regular meeting on September 13th.2011,which is more than ten days from the date ofthis
letter. That meeting will begin at 7:00 p.m. in the Council Chambersin the Police Department
Building. The purposeof this hearing is forthe City Council to determine if a nuisanceexists on
yourproperty andif a nuisanceis found to exist, to directthe abatementof mat nuisanceby use
ofCity contracted forces. The cost ofthat abatement will be assessed against you as the owner of
the subject property. At that hearing all persons interested in the abatement ofthe nuisance
existing on the subjectproperty will have the opportunity to beheard under oath. At that time,
you may present all relevant evidence you wish for the City Council to consider,whether that be
documents,photos,orlivetestimonyfromyourselfor others.Attheconclusionofthat hearing,
it is expected the City Council will determine ifan abatement ofa nuisance located on the
subjectproperty shouldtake place and when.
Exhibit 5
Page 1 of2
City Manager 766-9201 • CityAttorney 766-9203 • Community Development 766-9235•Finance 766-9249 • Fire 765-2204
MunicipalServices 766-9217 • Municipal Court 766-9201 • Parks &Recreation 766-9240 • Police 766-9230• Fax766-9392
401 S.Balsam St.• P.O. Box 1579 •Moses Lake,WA 98837-0244 •Phone:(509)766-9214 •www.ci.moses-lake.wa.us
THIS HEARING IS IMPORTANT.YOUR FAILURE TO PARTICIPATE MAY IMPACT
IMPORTANT RIGHTS IN YOUR PROPERTY.
If youhaveany questions,youmaycontactthe CityManager's Officeat CityHall,321 S.
Balsam, Moses Lake, WA, phone 509-766-9202.
Sincerely ,
C W Harden
Code Enforcement Officer
cc: City Manager
City Attorney
Community Development Director
Exhibit 5
Page2 of2