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RESOLUTION NO.3452
A RESOLUTION DETERMINING THAT BRENDA CLEIS IS THE OWNER OF CERTAIN REAL
PROPERTYWITHIN THE CITY;THATA NUISANCE REQUIRINGABATEMENTBY CITYFORCES
OR FORCES CONTRACTED BYTHECITY 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 by a Code Enforcement Officer ofthe City,a person
authorized to enforce the ordinances and municipal code of the City, that the real property located at Lot
6, Block 2,Gateway Estates Division #2 Replat, Parcel#091510230,Moses Lake,Washington,isthe site
of public nuisance violationsof Moses Lake Municipal Code (MLMC)8.14. The records of GrantCounty
show the owner of the subject propertyto be Brenda Cleis,8615 Charles Road NE,Moses Lake,WA
98837.
2. Notice. On May 22, 2014, the Code Enforcement Officer caused to be delivered by regular mail and
certified mailto the owner of record of the subject propertya Notice ofViolationand Orderto 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 orderhas not been abated by correction of the condition of the
property and a nuisance continues to exist on the subject property.On June 24, 2014, the Code
Enforcement Officer caused to be delivered to Betty Duncan a notice of the intent of the CityCouncilto
consider adoption of a resolutionsuch as this at its meeting of July 8,2014.Such noticewas in writing,
inthe English languageandwas deliveredby return receiptmailand regular mailto the record ownerof
the subject property.
3.Violations.Ithas been established bythe Noticeof Violation and Orderto Corrector Cease Activitythat
the following violations exist on the subject propertyand have not been corrected:
3.1 A violation of MLMC 8.14.030 U - Except forany designated publicpark land,natural area, or
environmentally sensitive area,or any undeveloped parcels of land not adjacentto developed
areas orwhichare used foragricultural purposes,all grasses,weeds,orothervegetation growing
orwhichhas grown and died,whichis determined to be a fire orsafety hazardora nuisance to
persons, shallnotexceed twelve inches (12")inheightmeasured above the ground.
4.Hearing.On July 8, 2014the Moses Lake City Council conducteda hearing to considerthe allegations
ofthe Code EnforcementOfficerthatthe subject property containsa public nuisance orderedcorrected
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
contracted bythe City for such 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 partof the recordof the proceedings:
EXHIBIT#1:Moses Lake Municipal Code Chapters 8.14.030.U
EXHIBIT #2:"Notice To Correct Unsafe or Unlawful Condition"dated May 8,2014
EXHIBIT#3: Notice of Violation and Order to Correct or Cease Activity dated May23,2014 from
the Code Enforcement Officer addressed to Brenda Cleis,8615 NE Charles Road,Moses Lake,
WA 98837.
EXHIBIT #4:Pictures taken byCode EnforcementOfficer ofthe property located at Lot6,Block
2,Gateway Estates Division #2 Replat,Moses Lake,Washington.
RESOLUTION NO.3452
Page 2 July 8,2014
EXHIBIT #5:Letter dated June 24,2014,from the Code Enforcement Officer to Brenda Cleis
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 6, Block 2,Gateway
Estates Division#2 Replat,Moses Lake,Washington.Brenda Cleis,8615 NE Charles,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.Brenda Cleis,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.
Dick Deane,Mayor
ATTEST:
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