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RESOLUTION NO.3453
A RESOLUTION DETERMINING THAT ROBERT SAMPSON IS THE OWNER OF CERTAIN REAL
PROPERTYWITHIN THECITY;THAT A NUISANCE REQUIRING ABATEMENT BYCITYFORCES
OR FORCESCONTRACTED BYTHECITYEXISTSON SUCH PROPERTY;AND DIRECTINGTHE
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
2,Block 2,Crossroads Phase 1, Parcel #091325605,Moses Lake,Washington,is the site of public
nuisance violations of Moses Lake Municipal Code (MLMC)8.14.The records of Grant County show the
owner of the subject property to be Robert Sampson,1335 Megan Drive,Moses Lake,WA 98837.
2. Notice. On May 16, 2014, the Code Enforcement Officer caused to be delivered by regular mail and
certified mailto the ownerof record of the subject property a Notice of Violationand 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 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 24, 2014, the Code
Enforcement Officer caused to be delivered to Robert Sampson a notice of the intent of the CityCouncil
toconsideradoptionofa resolution such as thisatitsmeeting ofJuly8,2014.Such noticewas inwriting,
inthe English language andwas delivered by return receipt mail and regular mail tothe record ownerof
the subject property.
3. Violations. Ithas been established by the Notice ofViolationand Orderto Correct or Cease Activitythat
the following violationsexist on the subject propertyand have not been corrected:
3.1 A violation of MLMC 8.14.030 U -Except forany designated public park land, natural area, or
environmentally sensitive area,or any undeveloped parcels of land not adjacentto developed
areasorwhichareused for agricultural purposes,all grasses, weeds, orothervegetation growing
or which has grown and died,which is determined to be a fire orsafety hazard ora nuisanceto
persons, shallnot exceed twelve inches (12")inheightmeasured above the ground.
4.Hearing.On July 8,2014the Moses Lake City Council conducteda hearing toconsiderthe allegations
ofthe Code EnforcementOfficerthatthe subject property containsa 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 bythe City for such purpose.All interested personswere 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 1,2014
EXHIBIT #3: Notice ofViolationand Orderto Correct orCease Activitydated May 16,2014 from
the Code Enforcement Officer addressed to Robert Sampson,1335 Megan Drive,Moses Lake,
WA 98837.
EXHIBIT #4:Pictures taken byCode EnforcementOfficerofthe property locatedat Lot2, Block
2,Crossroads Phase 1,Moses Lake,Washington.
RESOLUTION NO.3453
Page 2 July8, 2014
EXHIBIT #5:Letter dated June 24,2014,from the Code Enforcement Officer to Robert Sampson
advising the property owner of the hearing regarding abatement of property,scheduled for July 8,
2014.
Resolved:
1.A public nuisance inviolation of MLMC 8.14 exists on the subject property at Lot2, Block 2,Crossroads
Phase 1,Moses Lake,Washington.Robert Sampson,1335 Megan Drive,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.Robert Sampson,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.Ifthe 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
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