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RESOLUTION NO.3251
A RESOLUTION DETERMINING THAT LONGVIEWWATER,INC. 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.It isallegedbyaCode EnforcementOfficerofthe City,a person
authorizedtoenforcethe ordinancesand municipal code ofthe City,thatthe real property locatedat9882
Kinder (Tax #3921),Parcel #110331020, Moses Lake, Washington, is the site of public nuisance
violations of Moses Lake Municipal Code (MLMC)18.14.030.The records of GrantCounty show the
owner of the subject propertyto be LongviewWater,Inc.,1819 W. Cannon Place Lane,Spokane,WA
99204.
2.Notice.On July 18,2011,the Code Enforcement Officer caused to be delivered by regular mail and
certified mailto the ownerof recordofthe subject property a NoticeofViolation and Orderto 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
propertyand a nuisance continues to exist on the subject property.On September 28,2011,the Code
Enforcement Officercaused to be deliveredto LongviewWater,Inc.a notice of the intent of the City
Council to consideradoptionof a resolution such as thisatitsmeeting ofOctober 11,2011.Such notice
was in writing,inthe Englishlanguage and was delivered by returnreceipt mailand regularmailto the
record owner of the subject property.
3. Violations. Ithas been established by the Notice ofViolationand Orderto Correct or Cease Activitythat
the following violations exist on the subject propertyand have not been corrected:
3.1 A violation of MLMC 8.14.030 M5-Any poisonoak or poison ivy,Russian thistleorother noxious
weeds,as defined by Chapter 8.22 of the Moses Lake Municipal Code entitled "Noxious Weed
Control"whether growingor otherwise; but nothing herein shall prevent the temporary retention
of such weeds in approved covered receptacles.
4.Hearing.On October 11,2011 the Moses Lake City Council conducted a hearing to consider the
allegations of the Code Enforcement Officerthatthe subject propertycontains a publicnuisance ordered
corrected which remains uncorrected and that the record owner is responsible forthe 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. Allinterested persons were permitted to provide written ororal
evidence relevantto the issue.
5.Evidence:
5.1.The following persons testified under oath:
Greg Nevarez,Moses Lake Code Enforcement Officer
Greg Vehrs,representing Longview Water,Inc.
5.2. The following exhibits were made a partof the record of the proceedings:
EXHIBIT #1:Moses Lake Municipal Code Chapter 8.14,Section .030
EXHIBIT#2: Notice of Violation and Orderto Correct or Cease Activitydated July 18,2011 from
the Code Enforcement Officer addressed to Longview Water,Inc.,c/o Norman Vehrs,1819 W.
Cannon Place LN,Spokane,WA 99204.
EXHIBIT#3: Pictures taken by Code Enforcement Officerof the propertylocated at 9882 Kinder,
Moses Lake,WA 98837.
RESOLUTION NO.3251
Page 2 October 11,2011
EXHIBIT #4: Letter dated September 28,2011,from the Code Enforcement Officer to Longview
Water,Inc. advising the property owner ofthe hearing regarding abatementof property,scheduled
forOctober11,2011.
Resolved:
1.A public nuisance inviolation of MLMC8.14.030 M5 exists on the subject property at 9882 Kinder,Moses
Lake,Washington.Longview Water,Inc.,1819 W.Cannon Place Lane,Spokane,WA 99204 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.Weeds and/or grass 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. Longview Water,Inc.,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 Clean up weeds and/or grass over 12" in height
5. City staff shall provide a status report to City Council 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 Cityis 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.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 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
J*le,Mayor
ATTEST:
R^fiald R.Cone,'Finance Director
~
8.14.030 Nuisance Defined. Each of the following conditions,unless otherwise permitted by law, is
declared to constitute a publicnuisance,and wheneverthe Code Enforcement Officerdeter
mines that any of these conditionsexist upon any premises orinany stream, drainageway
or wetlands,the officer may requireor provide for the 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 standing orstagnantwater,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.All otheracts,failure toact,occupations, oruseof propertywhichisdetermined bythe Health
Officer to be a menace to the health of the public.
F. Alllimbsof trees which are less than seven (7) feet above the surface of any publicsidewalk,
or twelve (12)feet above the surface ofany street.
G.All buildings,otherstructures,or portions thereof whichhave been damaged by fire,decay,
neglect, orhave otherwisedeteriorated orbecome dilapidated so as to endanger the 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 animal which by frequent or habitual
howling,yelping, barking, crowing, or inthe making of other noises,annoys or disturbs the
public,orthe habitualallowing of dogs kept at any one address to runat largein 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 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 permittingto be dumped,thrown, placed
orleft, any filth,paper,cans,glass,rubbish, trash garbage,grass trimmings,shrub trimming,
and shrubbery of any kind, inor upon any street,alley, sidewalk, ditch, or publicor private
property of another inthe city.
M.The erecting, maintaining, using, placing,depositing, leaving or permittingto be or remain
in or upon any private lot, building, structure or premises,or in or upon any street, alley,
sidewalk, park, parkway orother publicor privateplace 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, orwhole orany
partof any dead animal,fish or fowl,or waste parts of fish,vegetable or animal
matter inany quantity;but nothing hereinshall preventthe temporaryretention 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.Any filthy,littered ortrash-covered dwellings, cellars,house yards,barnyards,stable
yards, factory yards,vacantareas inthe rearofstores,vacantlots,houses,buildings
or premises.
4. Any animal manure in any quantity which is not securely protected from flies or
weather conditions, orwhich is kept or handled inviolationof any ordinance of the
city.
5. Any poison oak or poison ivy,Russian thistle orother 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 ofscrap 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,accumulationsorempty barrels,boxes,crates, packing cases,
mattresses,bedding,excelsior,packinghay,straworotherpackingmaterial,lumber
notneatly piled,scrap iron,tinorother metal notneatly piled,oranything whatsoever
inwhich flies or rats may breed or multiplyor 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 or capping any
well.
Q.The repair or abandonment of any automobile,truck, or othermotor vehicle of any kind upon
the public streets or alleys ofthe 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 of any fence, other structure,orthingon privateor public propertyabuttingor
fronting upon any publicstreet, sidewalk, or place,which issagging, leaning,fallen,decayed
or is otherwise dilapidated and creating an unsafe condition.
T. The existence of anyvine,shrub,or plant growing on,around,orinfront ofany fire hydrant,
utility pole,utility box, orany other appliance or facility providedfor fire protection,public or
privateutility purposes insuch a way as to obscure fromview or impair access thereto.
U.Except for anydesignated public park land,natural area,orenvironmentally sensitive area,
orany undeveloped parcels of land not adjacent to developed areas or which are used for
agricultural purposes,all grasses, weeds, orothervegetation growing orwhich has grown
anddied,whichisdeterminedtobe a fire orsafety hazardora nuisanceto persons,shallnot
exceed twelve inches (12")inheight measured above the ground.
Exhibit 1
Page 2 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 stabilitywillnot 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 ofany dead,diseased,infected,ordyingtree, 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 or burning or causing to be deposited or burned inany street,alley,sidewalk,
parkway or other public place 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 materials as defined in Section 8.14.010 (F),whose retail cost new would exceed
one hundred dollars,withouta special permit from the buildingofficial;provided,that nothing
herein shall:
1.Prohibit such storagewithout a permit when done inconjunction with a construction
project forwhich a building permit has been issued and which is being prosecuted
diligently to completion.
2. Prohibitsuch storage without a permit upon the premises of a bona fidelumber yard,
dealer in building materials or other commercial enterprise when the same is
permitted underthe zoning ordinance and other applicable laws.
3. Make lawful any such storage or keeping when itis prohibited by other ordinances
or laws.
Z. The existenceon any premises of any unused and abandoned trailer,house trailer,automo
bile, boat orother vehicle or major parts thereof.
AA. The keeping or maintenance in any area on private propertywhich is clearlyvisible from a
public street, 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, tin cans, wire, bottles,
glass, cans, barrels, bins, boxes, containers, ashes,plaster or cement; or wood. This
determination shallnotapplyto conditions completelyenclosed within a building orfencing 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 forcaged 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 thealleys ofthecity,
except on garbage pickup day.
Exhibit 1
Page 3 of4
DD.The existence of graffiti,which is defined as a defacing, damaging, or destructive inscription,
figureor design painted, drawn or the like, on the exterior of any building, fence, gate, or other
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,orthelike forthe purpose of advertising 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.
HH. Forany building the existenceof any broken glass inwindows or doors formorethan thirty(30)
days.
II.Buildingsor portions thereofthat have faultyweather 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 violation of RCW 59.18.510 in any rental dwelling unit.
MM. Criminal street gangs and any pattern of criminal street gang activity are 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
without limitation,any pattern ofcriminal street gang activity upon, and the presence and use
of property by, a criminal street gang, with the owner's knowledge or consent,constitutes a
public nuisance and grounds for revocation of any permit or license regulating or authorizing
the use of such property.
Exhibit 1
Page 4 of4
CITY OF
MOSES LAKE
CITY OF MOSES LAKE
NOTICE OF VIOLATION AND ORDERTO CORRECT OR CEASE ACTIVITY
TO: Longview Water Inc.
c/o Norman Vehrs
1819 W.Cannon Place LN
Spokane, WA 99204
NOTICE OF VIOLATION
Provisions ofthe City ofMoses Lake Code Violated:
Moses Lake Municipal Code 8.14.030 M.5
Street Address ofViolation:
vacant lot at Kinder and Miller
BriefLegal Description ofProperty Where Violation Exists:
TX 3921 in SWSESE 10 19 28,Parcel #110331020
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 M.5.
Time by Which Violation is to be Corrected or Activity Ceased:
TheCityisrequiringthesecorrections listedonthisNoticeandOrderbe accomplished byJuly28,
2011.
Exhibit 2
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 •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 NC 7IED THAT THE MOSES LAKE CL CODE PROVIDES FOR
THE FOLLOWING PENALTIES:
1.AnyviolationforwhichaNotice ofViolationandOrdertoCorrectorCeaseActivity
has beenissued but which has not been correctedwithinthetime specified shall incur
a civil penalty of two hundred fifty dollars ($250) per day up to a sum of five
thousanddollars($5,000),beginningonthedaythecorrectionwastobe completed.
The cumulative penalty provided for in this paragraph shall not accrue while an
appeal is pending,nor shall the penaltyprecludethe initiation of appropriatelegal
actionto correctthe violation. [1.20.050(E)(1)].
2.Ifa penalty has been assessed pursuant to 1.20.050(E)(1), a Court shall assess that
penaltyandanyadditionalpenaltythe Court considersappropriateplus court costs
and attorney's fees.
YOU MAY APPEAL THIS NOTICE AND ORDERTO 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 BE REFERRED TO THE CITY
ATTORNEY FOR CIVIL ENFORCEMENT BY INJUNCTION OR OTHER APPROPRIATE
ACTION.
Date this July 18.2011 Jra^^dCjL ljlt<d<bAA^—
BrendaHinderlider
Code Enforcement
City ofMoses Lake
(509) 764-3753
Exhibit 2
Page 2 of2
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*.|"N '.'Exhibit 3
' Page 3 of3
CITY OF
MOSBS LAKE
September 28,2011
Longview Water Inc.
c/o Norman Vehrs
1819 W.Cannon Place LN
Spokane, WA 99204
Re:Hearing to Permit City Abatement ofNuisance
Property located at: 9882 Kinder Rd.,Moses Lake, WA
Parcel #110331020
Via Regular Mail and Return Receipt Mail
Longview Water Inc.;
You are identified in the records ofthe Grant County Assessor as the record owner of real
property located within the City ofMoses Lake described as: TX 3921 in SWSESE 10 1928,
Parcel #110331020
This property is located at 9882 Kinder Rd.(Parcel #110331020)in Moses Lake,WA 98837.
On July 18,2011,the City ofMoses Lake mailed to you by regular mail and 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. The time specified in that Notice ofViolation and Order to Correct or Cease Activity
expired without compliance. As of September 27,2011,the nuisance located on the subject
property has not been corrected or removed.
Pursuant to Moses Lake Municipal Code (MLMC)8.14.070 the City ofMoses Lake is 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 of this letter.
That meeting will begin at 7:00 p.m. in the Council Chambers in the Police Department
Building. The purpose of this hearing is for the City Council to detennine if a nuisance exists on
your property and ifa nuisance is found to exist, to direct the abatement ofthat nuisance by use
of City contractedforces. 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 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 Council to consider, whether that be
documents,photos, or live testimony from yourselfor others. At the conclusion ofthat hearing,
itis expected the City Council will determine ifan abatement ofa nuisance located ont^GRxhibit 4
subject property should take place and when.p e j 0f 2
City Manager 766-9201 •City Attorney 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
E:\CodeEnforcement Dept\2011 Cascs\Spcedy's CascsVSpccdy's 2011 Cascs\Longvicw Tracls\9882 Kinder RdVScptembcr 28 Hearing,wpd401S. Balsam St. •P.O.Box1579 • MosesLake,WA 98837-0244• Phone: (509)766-9214•www.ci.moses-Iake.wa.us
THIS HEARING IS IMPORTANT.YOUR FAILURE TO PARTICIPATE MAY IMPACT
IMPORTANT RIGHTS IN YOUR PROPERTY.
Ifyouhave anyquestions,youmay contact the City Manager's Office at City Hall,321 S.
Balsam, Moses Lake, WA, phone 509-764-3753.
Sincerely
•2ki
CodeEnforcement'Officer II
cc: City Manager
City Attorney
CommunityDevelopment Director
Exhibit 4
Page 2 of2
E:\Code EnforcementDept\2011 CasesNSpeedy's Cases\SpeedyJs 2011 Cases\Longview Tracts\9882Kinder Rd\September28 Hearing,wpd