3383u
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RESOLUTION NO.3383
A RESOLUTION DETERMINING THAT CARLOS CHAVEZ ESPINOZA 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 andOwnership.It isallegedbyaCode Enforcement Officerofthe City,
a person authorized to enforce the ordinances and municipal codeof the City,that the real
property located at 1046 S.Division Street (Tax #3201),Parcel #110268000,Moses Lake,
Washington,isthe siteof public nuisance violations of Moses Lake Municipal Code (MLMC)
8.14.030 U.The recordsof Grant Countyshowthe ownerofthe subject property to be Carlos
Chavez Espinoza,7212 Osborne Avenue,Hammond,IN 46323.
2.Notice.On May 22,2013,theCode Enforcement Officer causedtobe delivered byregular mail
and certified mail tothe ownerof record ofthe subject property a Notice ofViolation andOrder
to Correct orCease Activity.No appeal was filed to challenge that order.The timeto comply
underthat order has passed. The nuisance described in that order has notbeen abated by
correction of the condition of the property and a nuisance continues to exist on the subject
property.On August 12,2013,the Code Enforcement Officer causedtobe delivered to Carlos
Espinoza a notice ofthe intent ofthe City Council to consider adoption ofa resolution suchas
thisatitsmeetingofAugust 27,2013.Such notice was in writing,in the English language and
i j 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 Orderto Corrector Cease
Activity thatthe following violations existonthesubject property andhavenotbeen 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 inany stream,drainage way orwetlands, the officermay require or provide for the
abatement thereof pursuant to this chapter.
U. Except forany designated publicparkland, naturalarea, orenvironmentally sensitive area,
or any undeveloped parcels of land not adjacent to developed areas or which are used for
agricultural purposes,all grasses,weeds,or other vegetation growing orwhich has grown
and died, which is determined to be a fireorsafety hazard ora 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 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 willminimize blowing dust and maintain soil stability and which
shall be approved by the city priorto any plowing,discing,or scraping,is implemented
immediately.
RESOLUTION NO.3383
Page 2 August 27, 2013
4.Hearing.On August 27,2013 the Moses Lake City Council conducted a hearing to consider f~*^
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
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.
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 May 22,
2013 from the Code Enforcement Officer addressed to Carlos Espinoza,7212 Osborne
Ave.,Hammond,IN 46323
EXHIBIT #3:Pictures taken by Code Enforcement Officer of the property located at
1046 S. Division Street,Moses Lake,Washington
EXHIBIT #4:Letter dated August 12,2013,from the Code Enforcement Officer to r^\
Carlos Espinoza 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 1046 S.
Division Street,Moses Lake,Washington.Carlos Espinoza,7212 Osborne Avenue,
Hammond,IN 46323 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 grasses in excess of 12"in height
3.The maintenance ofthese 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. Carlos Espinoza,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 Weeds and grasses must be cut down and/or removed from the site /~\
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RESOLUTION NO.3383
Page 3 August 27,2013
5.City staffshall provide a status report to City Council onthe progress ofthe record contract
owner 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 fromthe subject property to the satisfaction ofthe CityManager.
All costs ofany removal ofthe identified public nuisances done at City expense shall be
recovered bythe City Manager by all reasonable means including immediateassignment
of the costs so incurred for collection.
6. Acopy ofthis resolution shall be provided tothe record contractowner by return receipt and
regular mail after its approval by the CityCouncil.
Adopted by the City Council on August 27, 2013.
ATTEST:
.Robert TaylonFinance DirectorTaylor
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