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RESOLUTION NO.3384
A RESOLUTION DETERMINING THAT ROLAND C. AND ANASTACIA HUFF ARE THE
OWNERS OF CERTAIN REAL PROPERTY WITHIN THE CITY;THAT A NUISANCE
REQUIRING ABATEMENT BY CITY FORCES OR FORCES CONTRACTED BYTHE 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 EnforcementOfficer ofthe City,
a person authorized to enforce the ordinances and municipal code ofthe City,that the real
property located at 9972 NE Sunny Drive (Lot 1,Block 3,Longview Tracts),Parcel
#120405000,Moses Lake,Washington,isthesiteof public nuisance violations ofMosesLake
Municipal Code (MLMC)8.14.030.Therecords ofGrant County show the owners ofthe subject
property tobe Roland C.&Anastacia Huff,511 S.Park Road,Apt.113,Spokane Valley,WA
99212.
2.Notice.On June 17,2013,the Code Enforcement Officer caused to be delivered by regular
mail and certified mail to the ownerof record ofthe subject property a Notice of Violation and
Order to Correct orCease Activity.No appealwas filed to challengethat order.The timeto
comply under that order has passed.Thenuisance described in that order hasnot beenabated
bycorrection ofthe condition ofthe property and a nuisance continues to exist onthe subject
property.On August 12,2013 the Code Enforcement Officer caused tobe delivered to Roland
Huff a noticeofthe intentofthe City Council to consider adoption of a resolution such as this
atitsmeeting ofAugust 12,2013.Such notice was in writing,in the English language and was
delivered by return receipt mail and regular mail tothe record ownerofthe subject property.
3.Violations.It has been established by the Notice of Violation and Orderto Correct orCease
Activity thatthe following violations existonthe subject property andhave notbeen corrected:
3.1 A violation of MLMC 8.14.030 U -8.14.030 -Nuisance Defined.Each of the following
conditions,unless otherwise permittedby law,isdeclaredtoconstitute a publicnuisance,
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 adjacentto developed areas
orwhich are used foragricultural 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
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.3384
Page 2 August 27, 2013
vegetation unless a soil stabilization plan, which will minimize blowing dust and /"""N
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 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 arid 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 Order to Correct or Cease Activity dated May 23,
2013 from the Code Enforcement Officer addressed to Roland Huff,511 S.Park Road,
Apt.113,Spokane Valley,WA 99212
EXHIBIT #3:Pictures taken by Code Enforcement Officer of the property located at
9972 NE Sunny Drive,Moses Lake,Washington.
EXHIBIT #4:Letter dated August 12,2013 from the Code Enforcement Officer to
Roland Huff advising the property ownerofthe 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 9972 NE
Sunny Drive,Moses Lake,Washington.Roland C &Anastacia Huff,511 S. Park Road, Apt.
113,Spokane Valley,WA 99212 are the record contract owners ofthe subject property per the
records of Grant County.
2. The public nuisance located upon the subject propertyconsists of:
2.1.Weeds and grasses over 12"in height
3. The maintenance of these publicnuisance violations on the subject propertyby the record
owner is detrimental to the health,safety,welfare,peace and tranquility ofthe residents of
the City impacting the quality of life and diminishing property values.
4. Roland C &Anastacia Huff,the record contract owners,have fifteen (15)days from the
date of the adoption ofthis resolution to cause the nuisance violations listed herein to be ^""^
removed to the satisfaction of the Code Enforcement Officer.Those improvements include
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RESOLUTION NO.3384
Page 3 August 27,2013
the following:
4.1 Weeds must be cut down and/or removed from the site
5.City staff shall provide a status report to City Council onthe 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 contractforces to cause the identified public
nuisances to be removed from the subject propertytothe satisfaction ofthe City Manager.
All costs ofany removal ofthe 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. Acopyofthisresolution shall be provided tothe record contractowner by return receipt and
regular mail after its approval by the City Council.
Adopted by the City Council on August 27,2013.
ATTEST:
W.Robert Taylor,/Fii|iance Director