3400u RESOLUTION NO.3400
A RESOLUTION DETERMINING THAT RAY MEDEL ISTHE OWNEROF CERTAIN REAL
PROPERTY WITHIN THECITY;THATA NUISANCE REQUIRING ABATEMENTBYCITY
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 EnforcementOfficer ofthe City,
a person authorized to enforce the ordinances and municipal code ofthe City,that the real
property located at 1421 Fern Drive (Lot 19,Harwood),Parcel #100045000,Moses Lake,
Washington,isthe siteof public nuisance violations of Moses Lake Municipal Code (MLMC)
12.24.050 and 8.14.030 U.The records ofGrantCounty showthe owner of the subject property
to be Ray Medel,4296 Stratford Road NE,Moses Lake,WA 98837.
2.Notice.On September 3, 2013, the Code Enforcement Officer caused to be delivered by
regular mail and certified mail to the owner of record of the subject property a Notice of
Violation and Order to Correct orCease Activity.Noappealwas filed to challengethat order.
The timetocomplyunderthatorderhas passed. The nuisancedescribed in thatorder hasnot
been abatedby correction ofthe condition ofthe property anda nuisancecontinuestoexiston
the subject property.On September 26, 2013 the Code Enforcement Officer caused to be
delivered to Ray Medel a notice of the intent of the City Council to consider adoption of a
resolution such as this at its meeting of October 8, 2013. Such notice was in writing,inthe
i j English language 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 or Cease
Activitythat the following violations exist on the subject property and have not been corrected:
3.1 A violation of MLMC 12.24.050 -Public Nuisances Caused bv Plantlife:Plantlife that
overhangs any municipal improvement or grows in such a manner as to obstruct or
impair the free and full use of any municipal improvement by the public may be
considered a public nuisance.All plantlife shall be trimmed to provide for a minimum of
seven feet (7') of vertical clearance above all sidewalks or activity trails and twelve feet
(12')of vertical clearance above all streets or parking places.The enforcing authority
maydeclare plantlife a public nuisance for reasons ofdisease and exoticcharacteristics.
All plantlife that causes destruction of municipal improvements shall be considered a
public nuisance.The owner shall be liable for all damages that are caused by plantlife
to municipal improvements.
3.2 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
I )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
RESOLUTION NO.3400
Page 2 October 8, 2013
growing or which has grown and died, which is determined to be a fire or safety S~\
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 vegetation unless a soil stabilization plan, which will minimize blowing
dust and maintain soil stabilityand which shall be approved by the city prior
to any plowing, discing, or scraping,is implemented immediately.
4. Hearing. On October 8,2013 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:x*-n
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:Moses Lake Municipal Code Chapter 12.24.050
EXHIBIT#3: Notice ofViolation and Orderto Correct or Cease Activitydated September
3,2013 from the Code Enforcement Officer addressed to Ray Medel,4296 Stratford
Road NE,Moses Lake,WA 98837
EXHIBIT#4: Pictures taken by Code Enforcement Officer of the property located at
1421 W.Fern,Moses Lake,Washington
EXHIBIT #5: Letter dated September 26,2013 from the Code Enforcement Officerto
Ray Medel advising the property owner ofthe hearing regarding abatement of property,
scheduled for October 8,2013.
Resolved:
1.A public nuisance in violation of MLMC 12.24.050 and 8.14.030 Uexistsonthesubject property
at 1421W. Fern,Moses Lake,Washington.Ray Medel,4296 Stratford Road NE,Moses Lake,/~V
WA98837 isthe record contract owner ofthesubject property per the records ofGrant County.'
RESOLUTION NO.3400page3 October 8,2013
2. The public nuisance located upon the subject propertyconsists of:
2.1. Hedge covering sidewalk and blocking road
2.2 Weeds over 12" in height
3.The maintenance ofthese public nuisance violations onthe subject property by the record
owner isdetrimental tothe health,safety,welfare,peace and tranquility ofthe residentsofthe
City impacting the quality of life and diminishing property values.
4.Ray Medel,the record contract owner,has fifteen (15)days from the date of the adoption of
this resolution to cause the nuisance violations listed hereinto be removed tothe satisfaction
ofthe Code Enforcement Officer.Those improvements include the following:
4.1 Trim hedge to clear sidewalk and curb area
4.2 Cut and remove weeds
5.City staff shall provide a status report to City Council 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 thesatisfaction of the Code Enforcement Officer,the
City is authorized touse City forces orcontract forces tocause the identified public nuisances
tobe removed from the subject property tothe satisfaction ofthe City Manager.All costsofany
removal ofthe identified public nuisances done at City expense shall be recovered by the City
Manager by all reasonable means including immediate assignment ofthecostsso incurred for
collection.
6. Acopy ofthis resolution shall be provided to the record contract owner by return receipt and
regular mail after its approval by the City Council.
Adopted by the City Council on October 8,2013.
ATTEST
W.Robert TayfoK Finance Director