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3258^J RESOLUTION NO.3258 A RESOLUTION DETERMINING THAT GORDON AND DEENA R.BEEMAN ARE THE OWNERS OF CERTAIN REAL PROPERTY WITHIN THE CITY;THAT A NUISANCE REQUIRINGABATEMENTBY CITY FORCES OR FORCES CONTRACTED BYTHECITY EXISTS ON SUCH PROPERTY;AND DIRECTING THE USE OF SUCH FORCES TO ABATE THE NUISANCE FOUND Recitals: 1.Real PropertyLocationand Ownership.It isalleged byaCode Enforcement Officerofthe City, a person authorized to enforce the ordinances and municipal code of the City, that the real property located at Lot 12,Block 1,South Terrace Addition,Parcel #111026000,Moses Lake, Washington,is the site of public nuisance violations of Moses Lake Municipal Code (MLMC) 8.14.030.AA.The records of Grant County show the owners of the subject property to be Gordon and Deena R.Beeman,4914 Road M NE,Moses Lake,WA 98837 2. Notice. On April22,2011,the Code Enforcement Officer caused to be delivered by regular mail and certified mailto the owner of record of the subject property a Notice of Violation and Order to Correct or Cease Activity.No appeal was filed to challenge that order.The time to comply underthat order has passed.The nuisance described in that order has not been abated by correction ofthe condition ofthe property and a nuisance continues to exist on the subject property.On October 26,2011,the Code Enforcement Officer caused to be delivered to Gordon Beeman a notice of the intent of the City Council to consider adoption of a resolution is,)such as this at its meeting of November 8,2011.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 ofViolation 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.AA -8.14.030 Nuisance Defined.Each ofthe following conditions,unless otherwise permitted by law, is declared to constitute a public nuisance, and whenever the Code Enforcement Officer determines that any of these conditions exist upon any premises or in any stream,drainage way or wetlands,the officer may require or provide for the abatement thereof pursuant to this chapter. AA.The keeping or maintenance inany area on private property which is clearly visible from a public street,sidewalk,park or other public area any accumulation,collection or untidy storage 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 enclosed within a building or fencing so as not to bevisible from public property. 4. Hearing. On November 8,2011 the Moses Lake City Council conducted a hearing to consider iv J 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 RESOLUTION NO.3258 Page2 November 8,2011 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. Allinterested persons were permitted to providewrittenororal evidence relevant to the issue. 5.Evidence: 5.1.The following persons testified under oath: Greg Nevarez,Moses Lake Code Enforcement Officer 5.2.The following exhibits were made a partof 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 April 22, 2011 from the Code Enforcement Officer addressed to Gordon Beeman. EXHIBIT #3: Pictures taken by Code Enforcement Officer of the property located at 1105 Hill Avenue,Moses Lake,Washington. EXHIBIT #4:Letter dated October 26,2011,from the Code Enforcement Officer to Gordon Beeman advising the property owner of the hearing regarding abatement of property,scheduled for November 8,2011. Resolved:f) 1. A public nuisance in violation of MLMC 8.14.030 exists on the subject propertyat 1105 Hill Avenue,Moses Lake,Washington.Gordon and Deena Beeman,4914 Road M NE,Moses Lake,WA 98837 are the record contract owners of the subject property per the records of Grant County. 2. The public nuisance located upon the subject property consists of: 2.1.Trash, old wood pallets,vehicle parts, junk vehicles,and untidy storage 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.Gordon and Deena R.Beeman,the record contract owners,have 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 ofthe Code Enforcement Officer.Those improvements include the following: 4.1 Removal of all trash,old wood pallets,vehicle parts,junk vehicles,and untidy storage from the property or placed inside an enclosed structure 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 f~\ improvements,as listed above,are notto the satisfaction of the Code Enforcement Officer, RESOLUTION NO.3258 Page 3 November8,2011 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 ofthe CityManager. 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 tothe record contract owner byreturn receipt and regular mail after its approval by the City Council. Adopted by the City Council on November 8,2011. Jon LaiS©/Mayor ATTEST: Ronald R.Cone,Finance Director