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3447^J u <J RESOLUTION NO.3447 A RESOLUTION DETERMINING THAT GRANT HOLDINGS,LLC IS THE OWNER OF CERTAIN REAL PROPERTY WITHIN THE CITY; THAT A NUISANCE REQUIRING ABATEMENT BY CITY 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.Itis alleged bya Code Enforcement Officer of the city,a person authorized to enforcethe ordinances and municipal code of the City,that the real property located at Lot 15,Terminal Park Addition #2,Parcel #111335000,Moses Lake,Washington is the site of public nuisance violations of Moses Lake Municipal Code (MLMC)8.14.030.The records ofGrant County show the owner ofthe subject propertyto be Grant Holdings,LLC,227 BellevueWay NE.#585, Bellevue,WA 98004-5721. 2. Notice. On May 12,2014, the Code Enforcement Officer caused to be delivered by regular mail and certified mailto the owner of record ofthe subject property a Notice ofViolationand 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 inthat order has not been abated bycorrectionofthe condition ofthe property and a nuisance continues to exist on the subject property.On June 10, 2014, the Code Enforcement Officer caused to be delivered to Grant Holdings,LLC a notice of the intent of the City Councilto consider adoption ofa resolutionsuch as thisat itsmeeting of June 24,2014.Such noticewas inwriting,in the English language and was delivered byreturnreceipt mail and regular mail tothe record owner of the subject property. 3.Violations.Ithas been established bythe NoticeofViolation and Orderto Corrector Cease Activity that the following violations exist on the subject propertyand have not been corrected: 3.1. A violation of MLMC 8.14.030.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 foragricultural purposes, allgrasses,weeds, orothervegetationgrowing or which has grown and died,which is determinedto be a fire or safety hazardora nuisanceto persons, shallnotexceed twelve inches (12")in heightmeasured above the ground. 4.Hearing.On June 24, 2014 the Moses Lake City Council conducted a public hearingto consider the allegations oftheCodeEnforcement Officer thatthesubject property contains a public nuisance ordered corrected which remains uncorrected and that the record owner is responsible forthe costs ofcorrecting and abatingsuch violations ifsuch corrections and abatement is accomplished bycity forces orforces contracted bythe city forsuch purpose.All interested personswere 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 exhibitswere made a part ofthe record ofthe proceedings: EXHIBIT #1:Moses Lake MunicipalCode Chapters 8.14.030.U EXHIBIT #2:"Notice To Correct Unsafe or Unlawful Condition"letters sent. EXHIBIT #3: Noticeof Violation and Order to Correct or CeaseActivity dated May 12,2014from the Code Enforcement Officeraddressed to Grant Holdings,LLC,Bellevue,WA 98004-5721. RESOLUTION NO.3447 June 24,2014 Page 2 EXHIBIT #4:Pictures taken by Code Enforcement Officer of the property located at Parcel #111335000,Moses Lake,Washington EXHIBIT #5:Letter dated June 10,2014,from the Code Enforcement Officer to Grant Holdings, LLCadvising the property ownerof the public hearing regarding abatement of property,scheduled for June 24,2014. Resolved: 1. A public nuisance in violation of MLMC8.14.030.U exists on the subject property at Parcel #111335000, Moses Lake,Washington.Grant Holdings,LLC,227 Bellevue Way NE #585 inBellevue, WA 98004-5721 is the record contract owner of the subject property per the records of Grant County. 2.The public nuisance located upon the subject property consists of: 2.1. Violation 1.Weeds and grasses 12 inches or greater growing on the property. 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.Grant Holdings,LLC,the record contract owner,has 15 (fifteen)days from the date of the 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 All weeds and grasses 12 inches or greater must be cut and removed from the property. 5. Citystaffshall provide a status report to CityCouncil on the progress ofthe record contract ownerand occupant to make the clean up required on the subject property.Ifthe improvements,as listed above, are not to the satisfaction of the Code Enforcement Officer,the City is authorized to use city forces or to contract forces to causethe identified public nuisances to be removed from the subject property to the satisfaction of the City Manager.Allcostsof 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. A copy of this 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 June 24,2014. ^^-y Dick Deane,Mayor ATTEST: ^ ~