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RESOLUTION NO.3454
A RESOLUTION DETERMINING THAT PEDRO V. AND MARIA A.SANCHEZ ARE THE OWNERS
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 THEUSEOFSUCHFORCES 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 municipalcode ofthe City,that the real propertylocated at Lot
9,Block 2,Hayden Estates Second Addition,Parcel #111956000,MosesLake,Washington,isthesite
ofpublic nuisanceviolations ofMosesLake Municipal Code (MLMC)8.14.The records ofGrantCounty
show the owners ofthesubject property tobePedro V.and Maria A.Sanchez,812 S.4th Avenue,Pasco,
WA 99301-5708.
2.Notice.On May 22,2014,the Code Enforcement Officer caused to be delivered by regular mail and
certified mail to the ownerof record ofthe subject propertya Notice ofViolation and Orderto Corrector
Cease Activity.No appeal was filed to challengethat order.The timeto comply underthat order has
passed. The nuisance described in thatorderhas not beenabated 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 delivered to Pedro Sanchez a notice of the intent of the City Council
toconsideradoption ofa resolution suchas thisatitsmeeting ofJuly 8,2014.Such notice was in writing,
in the English languageandwas delivered by return receipt mail and regular mail tothe record owner of
the subject property.
3.Violations.Ithas been established bythe Notice ofViolation and OrdertoCorrector Cease Activity that
the following violations existon the subject property and have not been corrected:
3.1 A violation of MLMC 8.14.030 U- Except for any designated publicpark land, natural area, or
environmentally sensitive area, or any undeveloped parcelsof land notadjacentto developed
areas orwhich are used foragricultural purposes, allgrasses,weeds, orothervegetationgrowing
or which has grown and died,which is determined to be a fireor safety hazard or a nuisance to
persons, shall notexceed twelve inches (12")inheightmeasured above the ground.
4.Hearing.OnJuly8, 2014the Moses Lake City Council conducteda hearing toconsiderthe allegations
ofthe Code EnforcementOfficerthat 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
contracted bythe City forsuch purpose.All interestedpersons were 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 6,2014
EXHIBIT #3: Notice of Violation and Order to Correct or Cease Activity dated May22, 2014 from
the Code Enforcement Officer addressed to Pedro Sanchez,812 S.4th Avenue,Pasco,WA
99301-5708.
EXHIBIT #4:Pictures taken by Code Enforcement Officer of the property located at Lot9, Block
2,Hayden Estates Second Addition,Moses Lake,Washington.
RESOLUTION NO.3454
Page 2 July 8, 2014
EXHIBIT #5:Letter dated June 24,2014,from the Code Enforcement Officer to Pedro Sanchez
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 9, Block 2,Hayden
Estates,Second Addition,,Moses Lake,Washington.Pedro V.and Maria A.Sanchez,812 S.4th Avenue,
Pasco,WA 99301-5708 are the record contract owners 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.Pedro V.and Maria A.Sanchez,the record contract owners,have 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
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