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RESOLUTION NO.3451
A RESOLUTION DETERMINING THAT BETTY DUNCAN IS THE OWNER OF CERTAIN REAL
PROPERTYWITHIN THE CITY;THATANUISANCEREQUIRINGABATEMENT BYCITYFORCES
OR FORCES CONTRACTEDBYTHECITY EXISTS ON SUCH PROPERTY;AND DIRECTINGTHE
USE OF SUCH FORCES TO ABATE THE NUISANCE FOUND
Recitals:
1.Real Property Locationand Ownership. Itisalleged bya Code Enforcement Officerofthe City,a person
authorized to enforce the ordinances and municipal code ofthe City,that the real property located at Lot
21,Block 7,Lakeview Terrace #1, Parcel #100880000, Moses Lake,Washington, is the site of public
nuisance violations ofMoses Lake Municipal Code (MLMC)8.14. The records ofGrantCountyshowthe
ownerofthesubject property tobe Betty Duncan,816 Sharone Avenue E.,Apt.307,Moses Lake,WA
98837.
2.Notice.On June 3, 2014, the Code Enforcement Officer caused to be delivered by regular mail and
certifiedmailto the owner of record ofthe subject propertya Noticeof Violation and Order to Correct or
Cease Activity.No appeal was filed to challengethat order.The timeto comply underthat order has
passed. The nuisancedescribed in thatorderhas notbeenabated by correction ofthe condition ofthe
property and a nuisance continues to exist on the subject property.On June 24,2014,the Code
Enforcement Officer caused to be deliveredto BettyDuncan a noticeofthe intentofthe City Council to
consider adoption ofa resolution such as thisat its meeting ofJuly8, 2014. Such noticewas inwriting,
in the English languageandwas delivered by return receipt mail and regular mail tothe record ownerof
the subject property.
3.Violations.Ithas been established bythe NoticeofViolation and Order to Correct or Cease Activity that
the following violations exist on the subject property and have not been corrected:
3.1 A violationof 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 orwhichare used foragricultural purposes, allgrasses,weeds, orothervegetationgrowing
or whichhas grownand died, whichis determined to be a fireor safety hazard or a nuisance to
persons, shall not exceed twelveinches (12")inheight measured above the ground.
4.Hearing.OnJuly8, 2014the Moses LakeCity Council conducteda hearingtoconsiderthe allegations
ofthe Code Enforcement Officer that the subject propertycontains a public nuisance ordered corrected
which remains uncorrected and that the record owner is responsible for the costs of correcting and
abating such violations ifsuch corrections and abatement is accomplished by City forces or forces
contractedbythe City forsuch purpose.All interestedpersonswere permitted to provide written ororal
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 of 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"dated May 12,2014
EXHIBIT #3: Noticeof Violation and Orderto Correct or Cease Activity dated June 3, 2014 from
the Code Enforcement Officer addressed to Betty Duncan, 616 Sharone Avenue E. Apt. 307,
Moses Lake,WA 98837.
RESOLUTION NO.3451
Page 2 July 8, 2014
EXHIBIT#4:Pictures taken by Code Enforcement Officer of the property located at Lot 21,Block
7,Lakeview Terrace #1,Moses Lake,Washington.
EXHIBIT #5: Letter dated June 24,2014,from the Code Enforcement Officer to Betty Duncan
advising the property owner of the hearing regarding abatement of property,scheduled for July 8,
2014.
Resolved:
1. A public nuisance in violation of MLMC 8.14 exists on the subject property at Lot 21, Block 7,Lakeview
Terrace #1,Moses Lake,Washington.Betty Duncan,816 SharoneAvenue E,Apt. 307,Moses Lake, WA
99387 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 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. Betty Duncan ,the record contract owner,has fifteen (15)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 Cut and remove weeds on the property
5. City staff shall 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. 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 July 8,2014.
<&*d &.
Dick Deane,Mayor
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