3401[)RESOLUTION NO.3401
A RESOLUTION DETERMINING THAT ANDRES AND KARLENE MARTINEZ,JR.ARE
THE OWNERS OF CERTAIN REAL PROPERTY WITHIN THE CITY;THAT A NUISANCE
REQUIRING ABATEMENT BYCITY 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 PropertyLocationand Ownership.It isalleged by aCode Enforcement Officerofthe City,
a person authorized to enforce the ordinances and municipal code of the City, that the real
propertylocatedat537 N.Monarch (Lot 10,Ridgecrest Major Plat)Parcel #110967510,Moses
Lake, Washington, is the site of public nuisance violations of Moses Lake Municipal Code
(MLMC)8.14.030 U.The records of GrantCounty show the owner of the subject property to
be Andres and Karlene Martinez, Jr.,537 N. Monarch,Moses Lake,WA 98837.
2.Notice.OnAugust 26,2013,the Code Enforcement Officer caused to be delivered by regular
mailand certified mailto the owner of record of the subject property a Notice ofViolationand
Orderto Corrector Cease Activity. No appeal was filed to challenge that order.The time to
complyunderthatorderhas passed.The nuisancedescribed in thatorderhasnotbeen abated
by correction ofthe condition ofthe property anda nuisance continues toexistonthe subject
property.On September 26,2013 the Code Enforcement Officer caused to be delivered to
Andres Martinez 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 English
language andwas delivered by return receipt mail and regular mail tothe record owner ofthe
subject property.
3.Violations.It has been established by the Notice of Violation and Orderto Correct orCease
Activity thatthe following violations existonthe subject property and havenotbeen 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,isdeclaredtoconstitutea public nuisance,
and whenever the Code Enforcement Officer determines that any of these conditions
exist upon any premises or in any stream,drainage wayorwetlands,the officer may
require or provide for the abatement thereof pursuantto this chapter.
U.Except for any designated public park land,natural area,or environmentally
sensitive area,orany undeveloped parcelsof land notadjacenttodeveloped areas
orwhichareused for agricultural purposes,all grasses, weeds, orothervegetation
growing orwhich has grown and died,which is determined to be a fire orsafety
hazard or a nuisance to persons, shall not exceed twelve inches (12")in height
measured above the ground.
1.The aboveexceptionmaybewaivedandadditional maintenance required by
the Code Enforcement Officer if he determines such action is necessary to
protect the safety of persons or adjoining property.
i i 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
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RESOLUTION NO.3401
Page 2 October8, 2013
plowing,discing,or scraping the soil to eliminate the grasses,weeds,or Z0^
other vegetation unless a soil stabilization plan, which will minimize blowing
dust and maintain soil stability and 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:
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 Orderto Correct or Cease Activity dated August26,
2013 from the Code Enforcement Officer addressed to Andres Martinez,537 N.
Monarch,Moses Lake,WA 98837
EXHIBIT #3:Pictures taken by Code Enforcement Officer of the property located at 537
N.Monarch,Moses Lake,Washington
EXHIBIT #4:Letter dated September 26,2013 from the Code Enforcement Officer to
Andres Martinez advising the property owner of the hearing regarding abatement of
property,scheduled for October 8,2013.
Resolved:
1. A public nuisance in violation of MLMC 8.14.030 U exists on the subject property at 537 N,.
Monarch,Moses Lake,Washington.Andresand Karlene Martinez,Jr.,537 N.Monarch,Moses
Lake,WA 98837 are the record contract owners of the subject property per the records of
Grant County.
2.The public nuisance located upon the subject property consists of:
2.1.Weeds over 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 City impacting the quality of life and diminishing property values.
4.Andres and Karlene Martinez,Jr.,the record contract owners,have fifteen (15)days from z*~\
the date ofthe adoption ofthis resolution to cause the nuisance violations listed herein to -'
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RESOLUTION NO.3401
Page 3 October 8,2013
be removed to the satisfaction of the Code Enforcement Officer.Those improvements
include the following:
4.1 Cut and remove weeds
5. City staffshall 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 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 provided tothe record contract owner byreturn receipt and
regular mail after its approval by the City Council.
Adopted by the City Council on October 8,2013.
Bill J.Edret,Mayor
ATTEST:
'^Robert Taylof,finance Director