3240u
u
u
RESOLUTION NO.3240
A RESOLUTION DETERMINING THAT JOLIPESEK IS THE OWNER OF CERTAIN REAL
PROPERTYWITHINTHE CITY;THATANUISANCE REQUIRING ABATEMENT BYCITY
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 enforce the ordinances and municipal code of the City,that the real
property located at 1230 W.Broadway,Lot 2,Hansen Addition Unit #2, Parcel #100024000,
Moses Lake,Washington,is the site of public nuisance violations of Moses Lake Municipal
Code (MLMC)8.14.030 U.The records ofGrant County showthe ownerof the subject property
to be Joli Pesek,1203 169th Place SW, Lynnwood,WA 98037.
2. Notice. On May 12,2011,the Code Enforcement Officer caused to be delivered by regular mail
and certified mailto the owner of record of the subject property a Notice ofViolation 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 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 August 22,2011,the Code Enforcement Officer caused to be delivered to Joli
Pesek a notice of the intent of the CityCouncil to consider adoption of a resolution such as this
at its meeting of September 13,2011.Such notice was inwriting, in the English language and
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 that the followingviolations exist on the subject property and have not been corrected:
3.1 A violation of MLMC 8.14.030 U:
U.Except forany designated public park land, natural area, or environmentally sensitive area,
orany undeveloped parcels of land not adjacent to developed areas or which are used for
agricultural purposes,allgrasses,weeds,or other vegetation growing orwhich has grown
and died, which is determined to be a fireor safetyhazard ora nuisanceto 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 stabilityand which
shall be approved by the city prior to any plowing,discing, or scraping, is implemented
immediately.
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
RESOLUTION NO.3240
Page2 September 13,2011
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.f^^)
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 ofViolation and Order to Correct or Cease Activity dated May 12,
201 Ifrorh the Code Enforcement Officer addressed to Joli Pesek,1203169th Place SW,
Lynnwood,WA 98037.
EXHIBIT #3: Pictures taken by Code Enforcement Officer of the property located at
1230 W.Broadway,Moses Lake,Washington.
EXHIBIT#4: Letter dated August 22,2011,from the Code Enforcement Officer to Joli
Pesek advising the property owner of the hearing regarding abatement of property,
scheduled for September 13,2011.
Resolved:
1. A public nuisance in violation of MLMC 8.14 exists on the subject property at 1230 W.
Broadway,Moses Lake,Washington.Joli Pesek,1203 169th Place SW,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.Dead weeds
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 ofthe residents of
the City impacting 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 Removal of deed weeds and control of new growth.
5. City staff shall provide a status reportto 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 of the Code Enforcement Officer,
the City is authorized to use City forces or contract forces to cause the identified public
n
n
o
RESOLUTION NO.3240
Page 3 September 13,2011
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 September 13,2011.
Jon Lan
ATTEST:
Ronald R.Cone,Finance Director
CITY OF MOSES LAKE MUNICIPAL CODE
CHAPTER 8.14 -NUISANCES
8.14.030 Nuisance Defined.Each ofthe following conditions,unless otherwise permitted by law, is declared
to constitute a public nuisance,and wheneverthe Code Enforcement Officerdetermines that any
of these conditions existupon any premises orinany stream,drainage wayor wetlands,the officer
may require or provide for the abatementthereof pursuant to this chapter.
A.The existence of any trash,dirt,filth,and carcass of any animal,waste shrubs,accumulation
of lawn or yard trimmings or other offensive matter.
B.Defective or overflowing 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 noxiousthings
in a streetor alley, or on public or private property to an extent injurious to the public health as
determined by the Health Officer.
E. Allother acts, failureto act,occupations,or use of property which is determined by the Health
Officer to be a menace to the health of the public.
F. Alllimbs of trees which are less than seven (7)feet above the surface ofany public sidewalk,
or twelve (12)feet above the surface of any street.
G. All buildings,other structures,or portions thereofwhich have been damaged by fire,decay,
neglect,or have otherwise deteriorated or become dilapidated so as to endanger the safety
of the 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, orcontinuous sound madebyany 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 orcausing or permittingto be dumped,thrown, placed or
left,any filth,paper,cans,glass,rubbish, trash garbage,grasstrimmings,shrubtrimming, and
shrubbery ofany kind, inorupon any street, alley, sidewalk, ditch,or publicor privateproperty
of another inthe city.
M.The erecting, maintaining, using,placing,depositing, leavingor permittingto be or remain in
orupon any privatelot,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,pitsorlikeplaceswhichare notsecurely protected
from flies and rats, or which are foul or malodorous.
Exhibit 1 (12/°9)
Page 1 of4
CITY OF MOSES LAKE MUNICIPAL CODE
CHAPTER 8.14 -NUISANCES
3. Any filthy,littered or trash-covered dwellings,cellars,houseyards,barnyards,stableyards,
factory yards,vacant areas in the rear of stores,vacant lots,houses,buildings or
premises.
4. Anyanimal manure in any quantity which is not securely protected from flies or weather
conditions,or which is kept or handled in violation of any ordinance of the city.
5. Any poison oak or poison ivy,Russian thistle or other noxious weeds,as defined by
Chapter 8.22of the Moses Lake Municipal Code entitled "NoxiousWeed Control"whether
growing or otherwise;but nothing herein shall prevent the temporary retention of such
weeds in approved covered receptacles.
6. Anybottles,cans,glass,ashes,small pieces of scrap iron,wire,metal articles, bric-a-brac,
broken crockery, broken glass, broken plaster and allsuch trash,or abandoned material,
unless itis kept in approved covered bins or galvanized iron receptacles.
7. Any trash,litter,rags,accumulations or empty barrels,boxes,crates,packing cases,
mattresses,bedding, excelsior, packing hay,straw or other packing material, lumber not
neatly piled,scrap iron,tinorother metal not neatlypiled,oranything whatsoever inwhich
flies or rats may breed or multiply or which 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 wellor storage tank permitted to remain on any public or private propertywithout being
securely closed or barring any entrance or trap door thereto, or without filling or capping any
well.
Q. The repair or abandonment ofany automobile, truck, or other motor vehicle ofany kind upon
the public streets or alleys of the city.
R. The keeping or permittingthe existence of any bees or other insects,reptiles, rodents,fowl,
orany other animals,domestic orwild,inany mannercontraryto law,orwhichaffectthe safety
of the public.
S.The existence of any fence,other structure,or thing on private or 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 facilityprovided for fire protection, public or
private utility purposes in such a way as to obscure from view or impair access thereto.
U.Exceptfor any designated 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,all grasses,weeds,or other vegetation growing or which 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 stabilityand which
17 (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 of any dead,diseased,infected,or dying tree, shrub, or other vegetation which
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 or burningorcausing to be deposited orburned inany street, alley,sidewalk,
parkway orother publicplace which is open to travel, of any hay, straw, paper, wood, boards,
boxes,leaves,manure or other rubbish or material.
Y.The storage or keeping on any premises for more than thirty days of any used or unused
building materialsas definedinSection 8.14.010 (F),whose retail cost newwouldexceed one
hundred dollars,withoutaspecial permitfromthe building official;provided, thatnothingherein
shall:
1.Prohibit such storagewithouta permitwhen done inconjunctionwithaconstruction project
forwhich a 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,
dealer in building materials or other commercial enterprise when the same is permitted
under the zoning ordinance and other applicable laws.
3. Make lawful any such storage orkeeping when itis prohibited by other ordinances 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 in any area on private propertywhich is clearlyvisible from a
publicstreet, sidewalk, parkorother publicarea any accumulation, collection oruntidystorage
of any of the following:old appliances or parts thereof; old iron,steel,aluminum or other
metal; inoperable vehicles,vehicle parts,machinery or equipment;mattresses,bedding,
clothing, rags or cloth; straw, packing materials,cardboard or paper,tin cans,wire, bottles,
glass,cans, barrels, bins,boxes,containers,ashes,plaster or cement;or wood. This
determination shall not apply to conditions completely enclosedwithin a buildingor 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 kept within a residence or business.
CC.The depositing of any debris,vegetation,lawn clippings,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,
figure ordesign 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 locatingof automobiles,trucks, recreational vehicles,trailers,boats,orany othervehicles,
vessels,orthe likeforthe purpose ofadvertising itssale on propertylocated 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 orstructures.
18 (12/09)
Exhibit 1
Page 3 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.
11.Buildingsorportionsthereofthat have 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 which has a window, door, or other exterioropening closed by extrinsic devices
or some other manner,with material that has not been painted to match or compliment the
buildings exterior or remains boarded up for more than sixty (60)days.
KK.Any boarded up buildingthat remains boarded up formore than ninety (90) days.
LL Permitting any violation of RCW 59.18.510 in any rental dwellingunit.
MM.Criminal street gangs and any pattern of criminal street gangactivityare each declaredto be
a public nuisance inviolation of this chapterand 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 pattern of criminal street gang activityupon,and the presence and use
of property by, a criminal street gang, with the owner's knowledge or consent,constitutes a
publicnuisance and grounds forrevocationof any permitorlicense regulating orauthorizing
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
Page 4 of4
321 S.Balsam St.
P.O.Box 1579
Moses Lake,WA 98837-0244
Mfs^pe LAKE Phone:(509)766"9214
CITY OF MOSES LAKE
NOTICE OF VIOLATION AND ORDER TO CORRECT OR CEASE ACTIVITY
TO:Joli Pesek
1203 169th PL SW.
Lynnwood WA 98037 ;
NOTICE OF VIOLATION
Provisions ofthe City ofMoses Lake Code Violated:
Moses LakeMunicipalCode 8.14.030U
Street Address ofViolation:
1230 W Broadway, Moses Lake WA 98837
BriefLegal Description of Property Where Violation Exists:
Lot 2 Hansen Add Unit #2 21,606 SQ FT (CALC) Parcel 100024000
YOU ARE HEREBY ORDERED TO CORRECT OR CEASE THE ACTIVITY AS
FOLLOWS:
Action Necessary to Correct Violation:
The Cityis requiringyou to removethe dead weedsfromthe property andkeep newgrowtliunder
control..
Time by Which Violation is to be Corrected or Activity Ceased:
The Cityisrequiringthese correctionslisted onthisNoticeandOrder beaccomplishedbyMay22,
2011.
Exhibit 2
Page 1 of2
City Manager 766-9201 • City Attorney 766-9203 • Community Development 766-9235 • FinanceDepartment 766-9249 •Fax 766-9392
Fire Department 765-2204 •Municipal Service 766-9217 •Municipal Court 766-9201 •Parks &Recreation 766-9240 •Police Department 766-9230
YOU ARE FURTHER NOTIFIED THAT THE MOSES LAKE CITY CODE PROVIDES FOR
THE FOLLOWING PENALTIES:
1.Anyviolation for which aNotice ofViolation andOrderto Correct orCease Activity
hasbeenissuedbutwhichhasnotbeencorrectedwithinthetime specifiedshallincur
a civil penalty of two hundred fifty dollars ($250)per day up to a sum of five
thousand dollars ($5,000),beginningon the daythe correction wasto be completed.
The cumulative penalty provided for in this paragraph shall not accrue while an
appealis pending,nor shallthe penalty precludethe initiation of appropriatelegal
action to correct the violation. [1.20.050(E)(1)].
2. If a penaltyhas been assessedpursuant to 1.20.050(E)(1),a Court shall assess that
penalty and any additional penaltythe 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 SECTION 20.03.050 OFTHE MOSES LAKECITY 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 Mav 12.2011 f UJj4h^^
C.W.Harden
Code Enforcement Officer
City ofMoses Lake
(509)764-3746
Exhibit 2
Page2 of2
'"'•'•••••',...•**.
"&%&*>
*m
CITY OF
MOSES LAKE
August 22,2011
Joli Pesek
1203 169th PL SW
Llynnwood WA 98037
Re:Hearing to Permit City Abatement ofNuisance
Property located at:1230 W Broadway,Moses Lake WA 98837
ViaRegular Mail and Return Receipt Mail
Joli Pesek:
Youare identifiedin the records ofthe GrantCountyAssessorasthe record owner of real
property located within the City ofMoses Lake described as:Lot 2Hansen Add Unit #2,21,606
SQFT (CALC)parcel 100024000
This property is located at 1230 W Broadway,Moses Lake WA 98837
On May 12th,2011,theCityof Moses Lake mailed toyoubyregular mailand return receipt
mail a Notice ofViolation and Order to Correct or Cease Activity. No appeal was taken from
that Notice ofViolation and Order to Correct or Cease Activity within the time allowed by the
City Code.Thetimespecified inthatNotice of Violation andOrder to Correct or Cease Activity
expired without compliance.Asof August 22,2011,the nuisance located on the subject
property hasnotbeen corrected or removed.
Pursuantto Moses Lake Municipal Code(MLMC) 8.14.070the Cityof Moses Lake is giving
younoticethat it will conducta hearingbeforetheMosesLakeCityCouncil at the Council's
regular meeting on September 13th,2011,which is more than ten daysfrom the date ofthis
letter. That meetingwill begin at 7:00 p.m. in the Council Chambersin the Police Department
Building.Thepurposeofthis hearingisfor the CityCouncilto determineifa nuisanceexists on
your property and if a nuisance is found to exist, to direct the abatement ofthat nuisance by use
of Citycontractedforces. The cost of that abatementwill be assessedagainst you as the owner of
the subject property. At that hearing all persons interested in the abatement ofthe nuisance
existing on the subject property will have the opportunity to be heard under oath. At that time,
you may present all relevant evidence you wish for the City Councilto consider, whether that be
documents,photos,or livetestimonyfrom yourselfor others.Attheconclusionofthat hearing,
it is expected the City Council will determine ifan abatement ofa nuisance located on the
subject property should take place and when.
Exhibit 4
Page 1 of2
City Manager 766-9201• CityAttorney 766-9203 • CommunityDevelopment 766-9235 • Finance 766-9249• Fire 765-2204
Municipal Services 766-9217 • Municipal Court 766-9201 • Parks &Recreation 766-9240• Police 766-9230 • Fax 766-9392
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.
Ifyouhaveany questions,you may contactthe 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 4
Page 2 of2