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RESOLUTION NO.3391
A RESOLUTION DETERMINING THAT YVONNE L PARKER IS THE OWNER 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 Enforcement Officerofthe City,
a person authorized to enforce the ordinances and municipal codeofthe City,thatthe real
property located at3793 W.Peninsula,Lot 1,Parker-Tule View Short Plat,Parcel #312724000,
Moses Lake,Washington,is the site of public nuisance violations of Moses Lake Municipal
Code (MLMC)8.14.030 U.The records of Grant County show the owners of the subject
property to be Yvonne L.Parker,3793W.Peninsula Drive,Moses Lake,WA 98837.
2.Notice.OnJuly 29,3013 theCode Enforcement Officercausedtobe delivered by regular mail
and certified mail tothe ownerof record ofthe subject propertya Noticeof Violation and Order
to Correct orCease Activity.Noappealwas filed to challengethat order.The timeto comply
under that orderhas passed. The nuisance described inthat orderhas not been abated by
correction of the condition of the property and a nuisance continues to exist on the subject
property.On September 4, 2013 the Code Enforcement Officer caused to be delivered to
Yvonne Parker a notice of the intent of the CityCouncilto consider adoption of a resolution
such as this at its meeting of September 24,2013.Such notice was in writing,inthe English
language andwas deliveredby return receipt mail and regular mail to the record ownerofthe
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 -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,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 willnot be disrupted
or disturbed.Grass,weed,or vegetation control shall not include plowing, discing,
or scraping the soilto eliminate the grasses,weeds,or othervegetation unless a soil
stabilization plan, which will minimize blowing dust and maintain soil stability and
RESOLUTION NO.3391
Page 2 September 24, 2013
which shall be approved by the city prior to any plowing,discing,or scraping,is /*"*\
implemented immediately.''
4. Hearing. On September 24,2013 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 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:
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 U
EXHIBIT #2:Notice ofViolation and Order to Correct or Cease Activity dated July 29,
2013 from the Code Enforcement Officer addressed to Yvonne Parker,3793 W.
Peninsula Drive,Moses Lake,WA 98837
EXHIBIT #3:Pictures taken by Code Enforcement Officer of the property located at
3793 W.Peninsula,Moses Lake,Washington
EXHIBIT #4:Letter dated September 4,2013 from the Code Enforcement Officer to
Yvonne Parker advising the property owner of the hearing regarding abatement of
property,scheduled for September 24,2013.
Resolved:
1.A publicnuisance in violation of MLMC 8.14.030 U exists on the subject propertyat 3793 W.
Peninsula Drive,Moses Lake,Washington.Yvonne Parker,3793 W.Peninsula Drive Moses
Lake,WA 98837 are the record contract owners of the subject property per the records of
Grant County.
2. The public nuisance located uponthe subject property consists of:
2.1.Weeds in excess of 12"in height
3. The maintenance of these publicnuisance violationson the subject propertyby the record
owner is detrimental to the health,safety,welfare,peace and tranquilityof the residents of
the City impacting the quality of life and diminishing property values.
4.Yvonne Parker,the record contract owner, has fifteen (15) days from the date of the
adoption of this resolution tocausethe nuisance violations listed herein tobe removed to
the satisfaction of the Code Enforcement Officer.Those improvements include the x-n
following:
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RESOLUTION NO.3391
Page 3 September 24.2013
4.1 Weeds to be cut 10'back from the sidewalk and cut down and removed from eh
planter area
5. City staff shall provide a status report to CityCouncil on the progress of the record contract
owners and occupant to make the clean up required on the subject property. If the
improvements,as listed above,are not to the satisfaction of the Code Enforcement Officer,
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 of the City Manager.
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 providedto the record contract owner byreturn receipt and
regular mail after its approval by the City Council.
Adopted by the City Council on September 24,2013.
Bilfj.Ecre4fMayov
ATTEST:
W.Robert Taylor-fffinance Director