3407RESOLUTION NO.3407
A RESOLUTION DETERMINING THAT MARKOVA LIVING TRUST 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 T^E
NUISANCE FOUND
Recitals:
1.Real PropertyLocationand Ownership.It isalleged by aCode Enforcement Officerofthe City,
a person authorized to enforce the ordinances and municipal code ofthe City,that tlpe real
property located at 2003 S.Beaumont Drive (Lot 73,Montlake Addition #1), Parcel
#101624000,Moses Lake,Washington,is the site of public nuisance violations ofMose^Lake
Municipal Code (MLMC)8.14.030.The records of Grant County showthe owner of the subject
property tobe Markova Living Trust,13145 Trail Dust Avenue,San Diego,CA 92129|
2. Notice. On August 20,2013 the Code Enforcement Officer caused to be delivered by regular
mail and certified mail to the owner of record ofthe subject property a Notice of Violation and
Order to Correct or Cease Activity.No appeal was filed to challenge that order.The time to
comply underthat order has passed.The nuisance described inthat order has not been abated
by correction ofthe condition of the property and a nuisance continues to exist on the subject
property. On October7,2013 the Code Enforcement Officer caused to be delivered to Markova
Living Trust a notice of the intent of the City Council to consider adoption of a resolution such
as this at its meeting of October 22,2013.Such notice was inwriting, in the 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 propertyand have not been corrected:
3.1 Aviolation of MLMC 8.14.030 M.5-8.14.030 Nuisance Defined.Each ofthe 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 uponany premises or in any stream,drainage way or wetlands,the officermay
requireor provideforthe abatement thereof pursuantto this chapter.
M.The erecting,maintaining,using,placing,depositing,leaving or permitting tobeor
remain in orupon any private lot,building,structure or premises,orin or upon any
street,alley,sidewalk,park,parkway orother public or private place in the city,any
one or more of the following disorderly,disturbing,unsanitary,fly-producing,rat-
harboring,disease-causing places,conditions orthings:
5.Any poison oak or poison ivy,Russian thistle or other noxious weeds,as
defined by Chapter 8.22ofthe Moses Lake Municipal Code entitled "Noxious
Weed Control"whether growing or otherwise;but nothing herein shall prevent
the temporary retention of such weeds in approved covered receptacles!
4.Hearing.On October 22,2013 the Moses Lake City Council conducted a hearing to consider
the allegations of the Code Enforcement Officer that the subject property contains a public
\j nuisance ordered corrected which remains uncorrected and that the record owner is
RESOLUTION NO.3407
Page2 October22,2013
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.^"y
All interested persons were permitted to providewritten ororalevidence 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 partof the record of the proceedings:
EXHIBIT #1:Moses Lake Municipal Code Chapter 8.14.030
EXHIBIT#2:Notice ofViolation and Order to Correct or Cease Activity dated August 20,
2013 from the Code EnforcementOfficer addressed to Markova Living Trust,13145Trail
Dust Avenue,San Diego,CA 92129.
EXHIBIT#3:Pictures taken by Code Enforcement Officer of the property located at
2003 S.Beaumont Drive,Moses Lake,Washington.
EXHIBIT #4:Letter dated October 7,2013 from the Code Enforcement Officer to
Markova Living Trust advising the property owner of the hearing regarding abatement
of property,scheduled for October 22,2013.
Resolved:rS>
1. A public nuisance in violation of MLMC 8.14.030 M.5. exists on the subject property at2003
S.Beaumont Drive,Moses Lake,Washington.Markova LivingTrust,13145 Trail Dust Avenue,
San Diego,CA 92129 isthe record contract owner ofthe subject property perthe records of
Grant County.
2. The public nuisance located upon the subject property consists of:
2.1.Kochia,a noxious weed
3. The maintenance ofthese public nuisance violations onthe subject property bythe record
owneris detrimental tothe health,safety,welfare,peaceand tranquility ofthe residentsof
the City impacting the quality of life and diminishing property values.
4.Markova Living Trust,the record contract owner,has fifteen (15)days from the date ofthe
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 Removal of Kochia from the property
5 City staff shall provide astatus 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,r^-
u
RESOLUTION NO.3407
Page 3 *October 22,2013
the City is authorized to use City forces or contract forces to cause the identified public
nuisances tobe removed from thesubject property tothesatisfaction oftheCity Manager.
All costsofany removal ofthe identified public nuisances done at City expense ^hall be
recovered by the City Manager by all reasonable means including immediate assignment
ofthe costs so incurred for collection.
6. Acopyofthis resolution shall be provided tothe record contract ownerby return receiptand
regular mail after its approval by the City Council.
Adopted by the City Council on October 22,2013.
Dick Deane,Deputy Mayor
ATTEST: