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RESOLUTION NO.3249
A RESOLUTION DETERMINING THAT MICHAEL WATSON IS THE OWNER OF CERTAIN REAL
PROPERTYWITHIN THE CITY;THATA NUISANCE REQUIRING ABATEMENT BY CITYFORCES
OR FORCES CONTRACTED BYTHECITY EXISTSON 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 propertylocated at 502
Kentucky (Lot 2 Blk 6,Sage Vista First Addition Major Plat) Parcel #110993642,Moses Lake,
Washington,is the site of public nuisance violations of Moses Lake Municipal Code (MLMC)8.14.030.
The records ofGrant County showthe ownerofthe subject propertyto be MichaelWatson,502 Kentucky,
Moses Lake,WA 98837.
2. Notice. On July 18,2011,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 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 September 28,2011,the Code
Enforcement Officer caused to be delivered to Michael Watson a notice ofthe intent of the City Council
to consider adoption of a resolution such as this at its meeting of October 11,2011.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. It has been established by the Notice of Violation and Order to Correct or Cease Activity that
the following violations exist on the subject property and have not been corrected:
3.1 A violation of MLMC 8.14.030 U. -Except for any designated public park land, natural area, or
environmentally sensitive area, or any undeveloped parcels of land not adjacent to developed
areas orwhich are used foragricultural purposes,all grasses,weeds,or othervegetation 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
EnforcementOfficer ifhe determines such action is necessaryto 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 blowingdust and maintain soilstabilityand which shall be approved bythe
city priorto any plowing, discing, or scraping,is implemented immediately.
4.Hearing.On October 11,2011 the Moses Lake City Council conducted a hearing to consider the
allegationsofthe Code Enforcement Officerthatthe subject propertycontains a publicnuisance ordered
corrected whichremains uncorrected and thatthe recordowner is responsible forthe costs of correcting
and abating such violationsifsuch corrections and abatement is accomplished by Cityforces or forces
contracted by the City forsuch purpose. All interested persons were permitted to providewritten or oral
evidence relevant to the issue.
5.Evidence:
5.1.The following persons testified under oath:
Greg Nevarez,Moses Lake Code Enforcement Officer
RESOLUTION NO.3249
Page 2 October 11,2011
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 of Violation and Order to Correct or Cease Activity dated July 18,2011 from
the Code Enforcement Officer addressed to Mike Watson,P.O.Box 780,Royal City, WA 99357
EXHIBIT #3:Pictures taken by Code Enforcement Officer of the property located at Parcel
#110993642,Moses Lake,Washington.
EXHIBIT #4:Letter dated September 28,2011,from the Code Enforcement Officer to Michael
Watson advising the property owner of the hearing regarding abatement of property,scheduled
for October 11,2011.
Resolved:
1.A public nuisance in violation of MLMC 8.14.030 U exists on the subject property at Parcel #110993642,
Moses Lake,Washington.Michael Watson,502 Kentucky,Moses Lake, WA 98837 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 and grasses 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 City impacting
the quality of life and diminishing property values.
4.Michael Watson,the record contractowner,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 Cut down and remove all weeds and grasses from the property.
5. City staff shall provide a status report to City Council on the progress of the record contract ownerand
occupant to make the clean up required on the subject property.Ifthe 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 nuisances to be removed from the subject property
to the satisfaction of the City Manager.Allcostsof 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. A copy of this resolution shall be provided to the record contract owner by return receipt and regular
mail after its approval by the City Council.
Adopted by the City Council on October 11,2011.
JoR_Lane,Mayor
ATTEST:
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8.14.030 Nuisance Defined. Each of the following conditions,unless otherwise permitted by law, is
declared to constitute a publicnuisance,and wheneverthe Code EnforcementOfficerdeter
mines that any of these conditionsexist upon any premises orinany stream, drainageway
or wetlands,the officer may requireor provide forthe abatement thereof pursuant to this
chapter.
A. The existence ofanytrash,dirt,filth,andcarcass ofany animal,waste shrubs,accumulation
of lawn or yard trimmings or other offensive matter.
B. Defectiveor overflowing septic or sewage systems,and the existence of any noxious,foul,
or putrid liquid or substance which poses a healthhazardorcreates a noxious odor.
C. Anyman-caused pool of standingorstagnantwater,except stormdrainage systems,which
serves as a breeding area for insects.
D.Accumulation of garbage,decaying vegetation, manure, dead animals, or other noxious
thingsina streetor alley,oron public or private property to anextent injurious tothe public
health as determined by the Health Officer.
E. Allotheracts,failure toact,occupations,oruse of propertywhich isdetermined bythe Health
Officer to be a menace to the health ofthe public.
F.All limbsof treeswhichareless than seven (7)feet above the surface ofany public sidewalk,
or twelve (12)feet above the surface of any street.
G.All buildings,otherstructures,or portions thereofwhichhave been damaged by fire,decay,
neglect,orhave otherwisedeteriorated orbecome dilapidated so as toendangerthe safety
of the public.
H.All explosives,flammable liquids,and other dangerous substances stored or used inany
manner in violation of the State Fire Code.
I.The keeping or harboring of any dog,fowl,or other animalwhich by frequent or habitual
howling,yelping,barking,crowing,orinthe making of other noises, annoys ordisturbsthe
public,orthe habitual allowing of dogs kept at anyone address to runat large in violation of
Chapter 6.05 of the Moses Lake Municipal Code entitled "Animal Control".
J.Making orcausing to be made by any means whatsoever any noise of any kindwhich is a
violationof Chapters 8.28 of the Moses Lake Municipal Code entitled "Noise Control".
K.The frequent, repetitive, or continuous sound made by any secured,unsecured,or
deteriorated 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
orleft,any filth,paper,cans,glass, rubbish, trash garbage,grasstrimmings, shrub trimming,
and shrubbery of any kind, in or upon any street,alley,sidewalk,ditch, or public or private
property of another in the city.
M.The erecting,maintaining, using, placing,depositing,leaving or permitting to be or remain
in or upon any private lot,building, structure or premises,or in or upon any street, alley,
sidewalk, park,parkway or other publicor private place inthe 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, or whole or any
part of 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.
Exhibit 1
Page 1 of4
2.Any privies,vaults,cesspools,sumps,pits or like places which are not securely
protected from flies and rats, or which are foul or malodorous.
3.Anyfilthy,littered or trash-covered dwellings, cellars,house yards,barnyards,stable
yards, factory yards,vacantareas inthe rear ofstores,vacantlots,houses,buildings
or premises.
4.Any animal 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 8.22 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.
6. Any bottles,cans,glass,ashes,small pieces of scrap iron,wire, metal articles, bric-
a-brac,broken crockery,broken glass,broken plaster and all such trash, or
abandoned material,unless it is kept in approved covered bins or galvanized iron
receptacles.
7.Anytrash,litter,rags,accumulations oremptybarrels,boxes,crates,packing cases,
mattresses,bedding,excelsior,packing hay, straw orother packing material,lumber
not neatly piled,scrapiron,tinorothermetal not neatly piled, oranything whatsoever
in which 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 well or storage tank permitted to remain on any public or private property without being
securely closed or barringany entrance ortrap door thereto,or without filling orcapping any
well.
Q.The repairor abandonment of any automobile, truck, orother motor vehicle of any kind upon
the public streets or alleys of the city.
R. The keeping or permittingthe existence of any bees orother insects,reptiles, rodents,fowl,
or any other animals,domestic or wild, in any manner contrary to law, or which affect the
safety of the public.
S. The existence ofany fence, other structure,orthingon private or public property abutting or
fronting uponany public street,sidewalk,orplace,whichissagging,leaning,fallen,decayed
or is otherwise dilapidated and creating an unsafe condition.
T. The existence ofanyvine,shrub,or plant growing on,around,orin front ofany fire hydrant,
utility pole,utility box, orany otherapplianceor facility provided for fire protection,public or
private utility purposes insuch a wayas to obscure from viewor impair access thereto.
U.Except for any designated public park land,natural area,orenvironmentally sensitive area,
orany undeveloped parcelsof landnotadjacent to developed areas orwhichare used for
agricultural purposes,all grasses,weeds, orothervegetation growing orwhich has grown
and died,which is determined tobea fire orsafety hazard oranuisanceto persons,shall not
exceed twelveinches (12")in height measuredabovethe ground.
Exhibit 1
Page2 of4
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 willnot be disrupted
or disturbed.Grass,weed,or vegetation control shall not include plowing, discing,
or scraping the soilto eliminate the grasses,weeds,orothervegetation 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 existenceof any dead,diseased,infected,ordying tree,shrub,or othervegetation 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 burning or causing to be deposited or burned inany street,alley,sidewalk,
parkway or other public place which is opento travel,ofany 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 materials as defined in Section 8.14.010 (F),whose retail cost new would exceed
one hundred dollars,without a special permit from the building official;provided, that nothing
herein shall:
1.Prohibit such storage without a permit when done in conjunction with a construction
project forwhich a building permit has been issued and which is being prosecuted
diligently to completion.
2. Prohibitsuch storagewithout a permit upon the premises ofa bona fide lumberyard,
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 or keeping when itis prohibited by other ordinances
or laws.
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 propertywhich is clearlyvisible from a
publicstreet, sidewalk, parkorother public areaanyaccumulation,collectionoruntidystorage
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,tincans,wire,bottles,
glass, cans, barrels, bins, boxes, containers, ashes,plaster or cement; or wood. This
determination shall notapply toconditions completelyenclosed 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 kept withina residence or business.
CC.The depositing ofanydebris,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 zonesthatshall include garbage cansorrefusecontainers in the alleys ofthe city,
except on garbage pickup day.
Exhibit 1
Page3 of4
DD.The existence of graffiti,which is defined as a defacing, damaging, or destructive inscription,
figureordesign painted, drawnorthe like,on the exteriorof any building,fence, gate, orother
structures or on rocks, bridges,trees,or other real or personal property.
EE. The locating ofautomobiles, trucks,recreational vehicles,trailers,boats, oranyothervehicles,
vessels,orthe likeforthe purpose ofadvertising itssale on propertylocated inany commercial
or industrial zone not owned by the seller.
FF.The permitting ofany 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 buildingor structures.
HH.Forany buildingthe existenceofany broken glass inwindows ordoors formorethan thirty(30)
days.
II.Buildingsor portions thereofthat havefaultyweather protection,such as openings inwalls and
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 exterior opening 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 building that remains boarded up for more than ninety (90) days.
LL Permitting any violationof RCW 59.18.510 inany rentaldwellingunit.
MM.Criminal street gangs and any patternof criminalstreet gang activityare each declared to 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
withoutlimitation,any patternof criminal street gang activityupon, and the presence and use
of propertyby, a criminal street gang, withthe owner's knowledge or consent,constitutes a
public nuisance and grounds for revocation of any permitorlicense regulating or authorizing
the use of such property.
Exhibit 1
Page4 of4
CITY OF
MOSES LAKE
CITY OF MOSES LAKE
NOTICE OF VIOLATION AND ORDER TO CORRECT OR CEASE ACTIVITY
TO:Mike Watson
PO Box 780
Royal City, WA 99357
NOTICE OF VIOLATION
Provisions ofthe City of Moses Lake Code Violated:
Moses LakeMunicipal Code 8.14.030 U
Street Address ofViolation:
502 N.Kentucky Dr.
BriefLegal Description of Property Where Violation Exists:
Lot 2 Blk 6 Sage Vista First Addition Major Plat,parcel #110993642
YOU ARE HEREBY ORDERED TO CORRECT OR CEASE THE ACTIVITY AS
FOLLOWS:
Action Necessary to Correct Violation:
The City is requiring that all weeds and grass be cut down and removed from the property listed
above and remain in compliance with MLMC 8.14.030 U.
Time by Which Violation is to be Corrected or Activity Ceased:
The City is requiring these corrections listed on this Notice and Order be accomplished byJuly 28,
2011.
Exhibit 2
Page 1 of2
City Manager 766-9201 •CityAttorney 766-9203 •Community Development 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
YOU ARE FURTHER NOTIFIED THAT THE MOSES LAKE CITY CODE PROVIDES FOR
THE FOLLOWING PENALTIES:
1.Any violation for which a Notice ofViolationand Orderto Corrector CeaseActivity
has been issued but which has notbeen corrected withinthe time specifiedshall 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 daythe correction wasto 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 ofappropriate legal
action to correct the violation.[1.20.050(E)(1)].
2.Ifa penalty has been assessed pursuant to 1.20.050(E)(1), a Court shall assess that
penalty and any additional penaltythe Court considers appropriateplus court costs
and attorney's fees.
YOU MAY APPEAL THIS NOTICE AND ORDER TO THE HEARING EXAMINER WITHIN
TEN (10) DAYS, PURSUANT TO SECTION 20.03.050 OF THE 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 BEREFERRED TO THECITY
ATTORNEY FOR CIVIL ENFORCEMENT BY INJUNCTION OR OTHER APPROPRIATE
ACTION.
Date this July 18.2011 'yy^dtK,lrfk/r<AjL>Ul)U
Brenda Hinderlider
Code Enforcement
City ofMoses Lake
(509) 764-3753
Exhibit 2
Page2 of2
Exhibit 3
Page 1 of3
i r
Exhibit 3
Page 2 of3
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CITY OF
MOSES LAKE
September 28,2011
Michael Watson
502 N.Kentucky Dr.
Moses Lake,WA 98837
Re: Hearing to Permit City Abatement ofNuisance
Property located at: 502 N. Kentucky Dr., Parcel #110993642,Moses Lake, WA
Via Regular Mail and Return Receipt Mail
Michael Watson:
You are identified in the records ofthe Grant County Assessor as the record owner ofreal
propertylocatedwithinthe City ofMosesLakedescribedas: Lot 2 Block 6; Sagevista Second
Add Major Plat; 5848 SQ FT parcel 110993642,Moses Lake WA 98837.
This property is located at 502 N. Kentucky Dr., Moses Lake, WA 98837
OnJuly 28,2011,the CityofMosesLakemailedto youbyregularmailandreturnreceiptmaila
Notice ofViolationand Orderto Corrector CeaseActivity. No appealwas taken from that
Notice ofViolation and Order to Correct or CeaseActivity within the time allowed by the City
Code. Thetime specifiedinthat Notice ofViolationand Orderto Corrector CeaseActivity
expired withoutcompliance. As of September 27,2011,the nuisancelocatedon the subject
property has not been corrected.
Pursuantto MosesLakeMunicipal Code (MLMC) 8.14.070the City ofMoses Lakeis giving
you notice that it will conduct a hearing before the Moses Lake City Council at the Council's
regular meeting on October 11,2011,which is more than ten days from the date ofthis letter.
That meetingwill beginat 7:00p.m. in the CouncilChambersin the Police Department
Building. The purpose ofthis hearing is for the City Council to determine ifa nuisance exists on
your propertyand if a nuisanceis foundto exist,to directthe abatement ofthat nuisanceby use
ofCitycontractedforces. The cost ofthat abatementwill be assessedagainstyou asthe owner of
the subject property. At that hearing all persons interested in the abatement ofthe nuisance
existing onthe subject property will have the opportunityto be heard under oath. At that time,
you may present all relevant evidence you wish for the City Council to consider,whether that be
documents,photos,or livetestimonyfrom yourselfor others. At the conclusion ofthat 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
CityManager 766-9201 • CityAttorney 766-9203 •Community Development 766-9235 • Finance 766-9249 • Fire 765-2204
Municipal Services 766-9217• Municipal Court 766-9201•Parks &Recreation 766-9240 • Police 766-9230 • Fax 766-9392E\CodeEnforcementDept\2011 CasesNSpeed/s CasesXSpeed/s 2011 Cases\Sage Vista\502 KentuckyWeeds\Reso!ution Hearing,wpd
401 S.Balsam St. • RO. 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.
Ifyou have any questions, you may contact the City Manager's Office at City Hall, 321 S.
Balsam,Moses Lake, WA,phone 509-764-3753.
Sincerely
GregNevare^
Code Enforcement Officer II
cc: City Manager
City Attorney
Community Development Director
Exhibit 4
Page 2 of2
E:\Code Enforcement Dept\2011 CasesNSpeedy'sCasesNSpeedy's 2011 CasesNSageV3sta\502 KentuckyWeeds\Resolution Heanng.wpd