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RESOLUTION NO.3381
A RESOLUTION DETERMINING THAT DOROTHY N.HESTER IS THE OWNER OF
CERTAIN REAL PROPERTY WITHIN THE CITY;THAT A NUISANCE 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.It isallegedbyaCode Enforcement Officer ofthe City,
a person authorized to enforce the ordinances and municipal codeofthe City,that the real
property located at 2603 W. Texas Street,Lot 22,Peninsula Addition #1,Parcel #110840000,
Moses Lake,Washington,is the site of public nuisance violations of Moses Lake Municipal
Code (MLMC)8.14.030U.The records of Grant County showthe ownerofthesubject property
to be Dorothy N.Hester,2603W. Texas, Moses Lake,WA 98837. Noticeshave been sent to
Dorothy Hester at 3557 S.Ferdinand Street,Seattle,WA 98118,which is Ms.Hester's
daughter's address.
2.Notice.OnJune 6,2013,the Code EnforcementOfficercaused to be delivered by regular mail
and certified mailtothe ownerof record ofthe subject propertya Noticeof Violation and Order
to Correct orCease Activity.Noappealwas filed to challengethat order.The timeto comply
underthat 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.OnAugust 13,2013,theCode Enforcement Officer causedtobe delivered to Dorothy
N.Hester a noticeofthe intentofthe City Council to consider adoptionof a resolution such as
thisatitsmeeting ofAugust 27,2013.Such noticewas inwriting,inthe English languageand
was delivered by return receipt mail and regular mail to the record owner of the subject
property.
3. Violations. Ithas been established by the Notice of Violation and Order to Correct or Cease
Activitythat the following violationsexist on the subject propertyand have not been corrected:
3.1 A violation of MLMC 8.14.030 U -8.14.030 -Nuisance Defined.Each of the 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.
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
or which are used for agricultural purposes,allgrasses,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 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
RESOLUTION NO.3381
Page 2 August 27, 2013
disrupted or disturbed.Grass,weed,or vegetation control shall not include /~\
plowing,discing, orscrapingthe soilto eliminatethe grasses,weeds,orother '
vegetation unless a soil stabilization plan, which will minimize blowing dust and
maintain soil stability and which shall be approved by the city prior to any
plowing,discing,or scraping,is implemented immediately.
4.Hearing.On August 27,2013 the Moses Lake City Council conducted a hearing to consider
the allegations of the Code Enforcement Officerthat 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 forsuch 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: Notice of Violation and Order to Correct or Cease Activity dated June 6,
2013 from the Code Enforcement Officer addressed to Dorothy Hester,2603 W.3557 ^-v
S.Ferdinand Street,Seattle,WA 98118.r '
EXHIBIT #3: Pictures taken by Code Enforcement Officer of the property located at
2603 W.Texas,Moses Lake,Washington.
EXHIBIT #4:Letter dated August 13,2013,from the Code Enforcement Officer to
Dorothy Hester advising the property owner of the hearing regarding abatement of
property,scheduled for August 27,2013.
Resolved:
1. A public nuisance in violation of MLMC 8.14.030 exists on the subject property at 2603 W.
Texas,Moses Lake,Washington.Hester N. Dorothy,2603W.Texas Street,Moses Lake,WA
98837 is the record contract owner of the subject property per the records of Grant County.
Notices have been sent to Dorothy Hester at 3557 S.Ferdinand Street,Seattle,WA 98118,
which is Ms.Hester's daughter's address.
2. The publicnuisance located upon the subject property consists of:
2.1.Weeds and grass over 12"high
3. The maintenance of these public nuisance violations on the subject property by the record
owner is detrimentalto the health, safety, welfare, peace and tranquility ofthe residents of the
City impacting the quality of life and diminishing property values./~\
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RESOLUTION NO.3381
Page 3 August 27,2013
4.Dorothy N.Hester, the record contract owner,has fifteen (15)days from the date of the
adoption ofthis resolution to cause the nuisance violations listedherein to be removed tothe
satisfaction of the Code Enforcement Officer.Those improvements include the following:
4.1 Grasses and weeds need to be cut down and/or removed from the area.
5.City staff shall provide a status reportto City Council on the progress ofthe record contract
owners and occupant to make the clean up required on the subject property.If the
improvements,as listed above,are nottothe satisfaction oftheCode Enforcement Officer,the
City is authorized to use City forces or contract forcestocause the identified public nuisances
tobe removedfrom the subject property tothe satisfactionofthe City Manager.All costs ofany
removal ofthe identified public nuisances done at City expense shall be recovered bythe City
Managerbyall reasonable means including immediateassignment ofthe costs so incurred for
collection.
6. Acopy ofthis resolution shall be provided to the record contract owner by returnreceipt and
regular mail after its approval by the City Council.
Adopted by the City Council on August 27,2013.
ATTEST:
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Taylor,Finance Director