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RESOLUTION NO.3465
A RESOLUTION DETERMINING THAT VONA GIBSON IS THE OWNER OF CERTAIN REAL
PROPERTYWITHIN THE CITY;THATA NUISANCE REQUIRINGABATEMENT BYCITY FORCES
OR FORCESCONTRACTED BYTHE CITY 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 of the City, a person
authorized to enforce the ordinances and municipal code of the City, that the real property located at Lot
2,less street and Nely 10'of Lot 3,Block 3,Pleasant View Deferral, Parcel #110890000,Moses Lake,
Washington,is the site of public nuisance violations of Moses Lake Municipal Code (MLMC)8.14.030 U.
The records of Grant County show the owners of the subject property to be Vona Gibson,2404 W.
Lakeside,Moses Lake,WA 98837.
2.Notice.On May 12,2014,the Code Enforcement Officer caused to be delivered by regular mail and
certified mail to the owner of 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 in that order has not been abated by correction of the condition of the
property and a nuisance continues to exist on the subject property. On August 4,2014,the Code
Enforcement Officer caused to be delivered to Vona Gibson a notice of the intent of the City Council to
consider adoption of a resolution such as this at its meeting of August 26,2014.Such notice was in
writing, in the English language and was delivered by return receipt mail and regular mail to the record
owner of the subject property.
3. Violations. Ithas been established by the Notice of Violation 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,or other 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") in height measured above the ground.
4. Hearing. On August 26,2014 the Moses Lake City Council conducted a hearing to consider the
allegations of the Code Enforcement Officer that the subject property contains 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 by the City forsuch purpose. Allinterested persons were permitted to providewrittenororal
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 Chapter 8.14.030 U.
EXHIBIT#2: Notice ofViolation and Order to Correct or Cease Activity dated May 12,2014 from
the Code Enforcement Officer addressed to Vona Gibson,2404 W.Lakeside Drive,Moses Lake,
WA 98837
EXHIBIT#3:Pictures taken by Code Enforcement Officer of the property located at 2404 W.
Lakeside,Moses Lake,Washington.
RESOLUTION NO.3465
Page 2 August 26,2014
EXHIBIT#4:Letter dated August 4,2014,from the Code Enforcement Officer to Vona Gibson
advising the propertyowner of the hearing regarding abatement of property,scheduled for August
26,2014.
Resolved:
1. A public nuisance in violation of MLMC 8.13.030 U exists on the subject property at 2404 W.Lakeside,
Moses Lake,Washington.Vona Gibson,2404 W.Lakeside,Moses Lake,WA 98837 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.grasses and weeds in excess of 12"in height are covering the back yard and the sidewalk
planter strip
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.Vona Gibson,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 grasses and weeds must be cut down and removed from these areas
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 August 26,2014.
Dick Deane,Mayor
ATTEST:
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