3408RESOLUTION NO.3408
A RESOLUTION DETERMINING THAT ENRIQUETA G.REYES IS THE OWNER QF
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 and Ownership.It is alleged by aCode Enforcement Officer oftr^e City,
a person authorized to enforce the ordinances and municipal code of the City,that the real
property located at 2225 S.Claremont Court (Lot 42,Montlake Addition #6),Parcel
#101833000,Moses Lake,Washington,isthe site of public nuisance violationsof Moses Lake
Municipal Code (MLMC)8.14.030.The recordsofGrantCounty shows the ownerofthe subject
propertyto be Enriqueta G.Reyes,2225 Claremont Court,Moses Lake,WA 98837.
2. Notice. On August 20,2013the Code Enforcement Officer caused to be delivered by regularmailandcertifiedmailtotheownerofrecordofthesubjectpropertyaNoticeofViolationand
Order to Correct or Cease Activity. No appeal was filed to challenge that order.The time to
comply under that order has passed.The nuisance described in that order has not been aWed
by correction of the condition of the propertyand a nuisance continues to exist on the subject
property. On October 7,2013 the Code Enforcement Officer caused to be delivered to
Enriqueta Reyes 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 in writing, in the English
language and was delivered by return receipt mail and regular mailto the record owner of the
subject property.
i3.Violations.It has been established by the Notice of Violation and Order to Correct or Cease
Activity thatthe following violations exist on the subject property and have not been corrected:
3.1 A violation of MLMC 8.14.030 M. 5.and U. -Nuisance Defined.Each of the following
conditions,unless otherwise permitted by law,isdeclared to constitute a publicnuisance,
and whenever the Code Enforcement Officer determines that any of these conditions
exist upon any premises or in any stream, drainageway orwetlands, the officer may
require or provide for the abatement thereof pursuant to this chapter.j
M.The erecting,maintaining,using,placing,depositing,leaving or permitting to|be or
remain in or upon any private lot,building,structure or premises,orin orupon any
street,alley,sidewalk,park,parkway orother public orprivate place in the city,any
one ormore 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 weedk,as
defined by Chapter 8.22 ofthe Moses Lake Municipal Code entitled "Noxious
Weed Control"whether growing or otherwise;but nothing herein shall prevent
thetemporary retention of such weeds in approved covered receptacles.
U.Except for any designated public park land,natural area,or environmentally
k sensitive area,or any undeveloped parcels of land not adjacent to developed a'reas
\^J or which are used for agricultural purposes,all grasses,weeds,or other vegetation
RESOLUTION NO.3408
Page 2 October 22,2013
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 soilto eliminate the grasses,weeds,or other
vegetation unless a soil stabilization plan,which willminimize 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 October22,2013 the Moses Lake City Council conducted a hearing to consider
the allegations of the Code Enforcement Officerthat 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 forsuch purpose.
Allinterested persons were permitted to providewrittenororal 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 ofthe record ofthe proceedings:
EXHIBIT#1:Moses Lake Municipal Code Chapter 8.14.030
EXHIBIT#2: Notice ofViolation and Orderto Correct or Cease Activity dated August20,
2013 from the Code Enforcement Officer addressed to Enriqueta Reyes,2225 S.
Claremont Ct,Moses Lake,WA 98837.
EXHIBIT #3:Pictures taken by Code Enforcement Officer of the property located at
2225 S.Claremont Ct,Moses Lake,Washington.
EXHIBIT #4:Letter dated October 7, 2013 from the Code Enforcement Officer to
Enriqueta Reyes advising the property owner of the hearing regarding abatement of
property,scheduled for October 22,2013.
Resolved:
1 Apublic nuisance in violation of MLMC 8.14.030 M.B.and U.exists on the subject property at
2225 S Claremont Ct,Moses Lake,Washington.Enriqueta Reyes 2225 S.Claremont Ct.
Moses Lake,WA 98837 is the record contract owner of the subject property per the records
of Grant County.
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RESOLUTION NO.3408Page3 October 22,2013
2. The public nuisance located upon the subject property consists of:
2.1.Existence of Kochia,a noxious weed
2.2 Weeds in excess of 12" in height
3.The maintenance ofthese public nuisance violations on thesubject property bythe|record
owner isdetrimental tothe health,safety,welfare,peace and tranquility ofthe residents of
the City impacting the quality of life and diminishing property values.
4.Enriqueta Reyes,the record contract owner,has fifteen (15)days from the datd of the
adoption ofthis resolution tocause the nuisance violations listed herein to be removed to
the satisfaction of the Code Enforcement Officer.Those improvements include the
following:
4.1 Eradication of weeds from the property
5.City staffshall provide astatusreport 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,arenottothe satisfaction oftheCode Enforcement Officer,
the City is authorized touse City forces or contract forces to cause the identified jpublic
nuisances to be removed from the subject property tothe satisfactionofthe CityManager.
All costs of any removal of the identified public nuisances done at City expense snail be
recovered bythe City Manager by all reasonablemeans including immediateassignment
ofthe costs so incurred for collection.
6. Acopyofthisresolution shall be provided tothe record contract ownerbyreturn receipt and
regular mail after its approval by the City Council.
Adopted by the City Council on October 22,2013.
Dick Deane,Deputy,Mayor
ATTEST: