3448<J
^J
^J
RESOLUTION NO.3448
A RESOLUTION DETERMINING THAT LORANCE PENCE IS THE OWNER OF CERTAIN REAL
PROPERTYWITHIN THE CITY;THATA NUISANCE REQUIRING ABATEMENT BY CITY FORCES
OR FORCES CONTRACTED BYTHE CITY EXISTS ON SUCH PROPERTY;ANDDIRECTING THE
USE OF SUCH FORCES TO ABATE THE NUISANCE FOUND
Recitals:
1.Real Property Location and Ownership.Itis alleged by a Code Enforcement Officer of the City, a person
authorized to enforce the ordinances and municipal code of the City,that the real property located at Lot
15,Block 5,Capistrano Park, Parcel #90967000,Moses Lake,Washington,is the site of public nuisance
violations of Moses Lake Municipal Code (MLMC)8.14.The records of Grant County showthe owner of
the subject propertyto be Lorance Pence,26910 92nd Avenue NW,Suite C-5, Stanwood,WA 98292.
2. Notice. On May 20, 2014, the Code Enforcement Officer caused to be delivered by regular mail and
certified mail to the ownerof record of the 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 under that order has
passed.The nuisance described inthat order has not been abated by correction of the condition of the
property and a nuisance continues to exist on the subject property. On June 10,2014, the Code
Enforcement Officer caused to be delivered to Lorance Pence a notice of the intent of the City Council
to consider adoption of a resolution such as this at its meeting of June 24, 2014.Such notice was in
writing,inthe English language and was delivered by return receipt mail and regularmailto the record
owner of the subject property.
3. Violations. Ithas been established by the Notice ofViolation 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 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 orwhich are used foragricultural purposes,allgrasses,weeds,orother vegetation 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")inheight measured above the ground.
4.Hearing.On June 24,2014 the Moses Lake CityCouncilconducted a hearingto considerthe allegations
of the Code Enforcement Officerthat the subject propertycontains a publicnuisance 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 bythe City for such purpose.All interested persons were permittedto provide written ororal
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 partof the record of the proceedings:
EXHIBIT #1:Moses Lake Municipal Code Chapters 8.14.030.U
EXHIBIT #2:"Notice To Correct Unsafe or Unlawful Condition"sent May 5,2014
EXHIBIT#3: Notice of Violation and Order to Correct or Cease Activity dated May 20,2014 from
the Code Enforcement Officer addressed to Lorance Pence,26910 92nd Avenue NE, Suite C-5,
Stanwood,WA 98292
RESOLUTION NO.3448
Page 2 .June 24,2014
EXHIBIT #4: Pictures taken byCode Enforcement Officer ofthe propertylocated at Lot15,Block
5,Capistrano pPark,Moses Lake,Washington.
EXHIBIT#5:Letter dated June 10,2014,from the Code Enforcement Officer to Lorance Pence
advising the property ownerofthe hearing regarding abatement of property,scheduled forJune
24,2014.
Resolved:
1.Apublic nuisance in violation of MLMC 8.14 exists onthe subject property at Lot 15,Block 5,Capistrano
Park,Moses Lake,Washington.Lorance Pence, 26910 92nd Avenue Ne,Suite C-5,Stanwood,WA
98292 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.Weeds and/or grass over 12" high
3. The maintenance of these public nuisance violationson the subject propertybythe record owner is
detrimental to the health, safety, welfare,peace and tranquility ofthe residents ofthe City impacting
the quality of lifeand diminishing property values.
4. Lorance Pence, the record contract owner, has fifteen (15)days from the date ofthe adoption ofthis
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 Cut or spray weeds on the property
5.City staffshall provide a status reportto City Council on the progress ofthe recordcontract 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 Cityis 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. Acopyofthis resolution shallbe provided tothe recordcontractownerbyreturn receiptand regular
mail after its approval by the City Council.
Adopted by the City Council on June 24,2014.
Dick Deane,Mayor
^