3382RESOLUTION NO.3382
^ARESOLUTION DETERMINING THAT ROBERT MCCOURTIE IS THE OWNER OF
CERTAIN REAL PROPERTY WITHIN THE CITY;THAT A NUISANCE REQUIRING
ABATEMENTBYCITYFORCES OR FORCESCONTRACTEDBYTHECITYEXISTS ON
SUCH PROPERTY;AND DIRECTING THE USE OF SUCH FORCES TO ABATE THE
NUISANCE FOUND
Recitals:
1.Real Property Location andOwnership.It is alleged byaCode Enforcement Officer ofthe City,
a person authorized to enforce the ordinances and municipal code ofthe City,that the real
property located at 9859 NE Olympic Drive (Lot 1,Block 1,Longview Tracts 2nd Addition),
Parcel #120460000,Moses Lake,Washington,isthesiteofpublic nuisance violations ofMoses
Lake Municipal Code (MLMC)8.14.030 U.The records ofGrant County show the owner ofthe
subject property to be Robert McCourtie,3219 S.Quincy Place,Kennewick,WA 99337.
2.Notice.OnJune 6,2013,the Code Enforcement Officer causedtobedelivered byregular mail
and certified mail tothe ownerof record ofthe subject property a Notice ofViolation 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 in that order has not been abated by
correction ofthe condition ofthe property and a nuisance continues to existon the subject
property.On August 12,2013,the Code Enforcement Officer caused tobedelivered toRobert
McCourtie a notice ofthe intent ofthe City Council to consider adoption of a resolution such
asthisatitsmeeting ofAugust27,2013.Such notice was in writing,in the English language
i j 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 orCease
Activity that the following violations existonthesubject property and have not beencorrected:
3.1 A violation of MLMC 8.14.030 U -8.14.030 -Nuisance Defined.Each of the following
conditions,unless otherwise permittedby law,isdeclaredtoconstitutea public nuisance,
and whenever the Code Enforcement Officer determines that any of these conditions
exist upon any premises or inany stream,drainage way orwetlands, the officermay
require or provide forthe abatement thereof pursuant to this chapter.
U. Except for any designated public park land, natural area, or environmentally
sensitive area, orany undeveloped parcels of land not adjacent to developed areas
orwhich 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
i j disrupted or disturbed.Grass,weed,or vegetation control shall not include
^—^plowing,discing,or scraping the soil to eliminate the grasses,weeds,or other
RESOLUTION NO.3382
Page 2 August27,2013
vegetation unless a soil stabilization plan,which will minimize blowing dust and f~\
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 accomplishedby City forces orforces contracted bythe City for such 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:
Rick Rodriguez,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 Orderto Correct or Cease Activitydated June 6,
2013 from the Code Enforcement Officer addressed to Robert McCourtie,3219 S.
Quincy Place,Kennewick,WA 99337
EXHIBIT #3: Pictures taken by Code Enforcement Officer of the property located at
9859 NE Olympic Drive,Moses Lake,Washington.
EXHIBIT #4:Letter dated August 12,2013,from the Code Enforcement Officer to
Robertg McCourtie 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 U exists on the subject property at 9859 NE
Olympic Drive,Moses Lake,Washington.Robert McCourtie,3219 S. Quincy Place,
Kennewick,WA 99337 is the record contract owner ofthe subject property perthe records of
Grant County.
2.The public nuisance located upon the subject property consists of:
2.1.Weeds and grasses in excess of 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 Cityimpacting the qualityof lifeand diminishing propertyvalues.
4.Robert McCourtie,the record contract owner,has fifteen (15)days from the date of the
adoption ofthis resolution to cause the nuisance violations listed herein to be removedto /~\
the satisfaction of the Code Enforcement Officer.Those improvements include the ''
r^
w
RESOLUTION NO.3382
Page 3 August 27,2013
following:
4.1 Weeds and grasses must be cut down and/or removed from the site
5.City staffshall provide a status reportto City Council onthe progress ofthe recordcontract
owners and occupant to make the clean up required on the subject property.If the
improvements,as listed above, are nottothe satisfactionofthe Code EnforcementOfficer,
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 bythe 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 by return receipt and
regular mail after its approval by the City Council.
Adopted by the City Council on August 27,2013.
Bill J/Ecret,Mayor
ATTEST:
Taylor,Emance Director