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RESOLUTION NO.3466
A RESOLUTION DETERMINING THAT MARKOVA LIVING TRUST IS THE OWNER 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 THE USE OF SUCH FORCES TO ABATE THE NUISANCE FOUND
Recitals:
1.Real Property Location and Ownership.Itis alleged bya Code Enforcement Officer of the City,a person
authorized to enforce the ordinances and municipal code of the City,thatthe real property located at Lot
73, Montlake Add. #1,Parcel #101624000,Moses Lake,Washington,is the site of public nuisance
violations of Moses Lake Municipal Code (MLMC)8.14.030 M.5.The records of Grant County show the
owner of the subject property to be Markova Living Trust, 1012 C Street,Apt.521B,San Diego, CA
92101.
2. Notice. On July 17,2014,the Code Enforcement Officer caused to be delivered by regular mail and
certified mail to the owner of record of the subject property a NoticeofViolationand 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 inthat order has not been abated bycorrection of the condition of the
property and a nuisance continues to exist on the subject property. On August 26, 2014, the Code
Enforcement Officer caused to be delivered to Markova Living Trust a notice of the intent of the City
Council to consideradoption ofa resolution such as this at its meeting of September9,2014.Such notice
was inwriting,inthe English language and was delivered by return receipt mailand regular mailto the
record owner of the subject property.
3. Violations. Ithas been established bythe Notice ofViolation and Order to Correct or Cease Activity that
the following violations exist on the subject property and have not been corrected:
3.1. Aviolation of MLMC 8.14.030.M.5.:Anypoison oak or poison ivy,Russian thistleor other noxious
weeds,as defined by Chapter 8.22 of the Moses Lake Municipal Code entitled "NoxiousWeed
Control"whether growingor otherwise; but nothing herein shall prevent the temporary retention
of such weeds in approved covered receptacles.
4.Hearing.On September 9, 2014 the Moses Lake City Council conducted a hearing to consider the
allegationsofthe Code Enforcement Officer thatthe subject propertycontains a publicnuisance 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 isaccomplished by City forces or forces
contracted bythe City forsuch purpose.All interested persons were permittedto providewritten 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 Chapter 8.14.030 M. 5.
EXHIBIT #2: Notice ofViolationand Order to Correct or Cease Activity dated July 17,2014 from
the Code Enforcement Officer addressed to Markova Living Trust,1012 C Street,Apt.521B,San
Diego, CA 92101.
EXHIBIT #3:Pictures taken by Code Enforcement Officerof the property located at 2003 S.
Beaumont Drive,Moses Lake,WA 98837.
RESOLUTION NO.3466
PAGE 2 September 23, 2014
EXHIBIT #4:Letter dated August 26,2014,from the Code Enforcement Officer to Markova Living
Trust advising the property owner of the hearing regarding abatement of property,scheduled for
September 9,2014.
Resolved:
1.A public nuisance inviolation of MLMC 8.13.030 M.5.exists on the subject property at 2003 S.Beaumont
Drive,Moses Lake,Washington.Markova Living Trust,1012 C Stret,Apt.521B,San Diego,CA 92101
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.Kochia,a noxious weed
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.Markova LivingTrust,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 Kochia must be sprayed and then removed from 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 tocause the identified public nuisances to be removed from the subject /"""""N
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 September 23,2014.
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Dick Deane,Mayor
ATTEST:
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