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RESOLUTION NO.3478
A RESOLUTION DETERMINING THAT DICK CULLINAN ARE THE OWNERS OF
CERTAIN REAL PROPERTY WITHIN THE CITY;THAT A NUISANCE REQUIRING
ABATEMENTBY 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.It isalleged 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 8616 Jean Road, (Lot 19, Block 1,Gateway Estates Division #1), Parcel
#091510169,Moses Lake,Washington,is the site of public nuisance violations of Moses Lake
Municipal Code (MLMC)8.14.030.The records of Grant County show the owner of the subject
property to be Dick Cullinan,8616 Jean Road,Moses Lake,WA 98837.
2. Notice. On August 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 orderhas passed.The nuisance described inthat orderhas not been abated
by correction of the condition of the propertyand a nuisance continues to exist on the subject
property.On September 26,2014 the Code Enforcement Officercaused to be deliveredto Dick
Cullinan a notice of the intent of the City Council to consider adoption of a resolution such as
this at itsmeeting ofOctober 14,2014.Such noticewas inwriting,inthe Englishlanguage and
was delivered by return receipt mail and regular mail to the record owner of the subject
property.
3.Violations.It has been established by the Notice of Violation and Orderto Corrector Cease
Activity thatthe following violations existonthe subject property andhave notbeen corrected:
3.1 A violation of MLMC 8.14.030 U -8.14.030 -Nuisance Defined.Each of the following
conditions,unless otherwise permitted by law,isdeclared to constitute a publicnuisance,
and whenever the Code Enforcement Officer determines that any of these conditions
exist upon any premises or in any stream, drainage way orwetlands, the officer may
require or provide forthe abatement thereof pursuant to this chapter.
U.Except for any designated public park land,natural area, or environmentally
sensitive area, orany undeveloped parcels of land not adjacent to developed areas
orwhich are used foragricultural purposes,all grasses,weeds,orother vegetation
growing orwhich 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.
1.The above exception may be waived and additional maintenance required by
the Code Enforcement Officer if he determines such action is necessary to
protect the safety of persons or adjoining property.
2. All maintenance shall be done in a manner so that soil stability will not be
disrupted or disturbed. Grass,weed,or vegetation control shall not include
plowing,discing, orscrapingthe soilto eliminatethe grasses,weeds,orother
RESOLUTION NO.3478
Page 2 October 14, 2014
vegetation unless asoil stabilization plan,which will minimize blowing dust and f~\
maintain soil stability and which shall be approved by the city prior to any '
plowing, discing, or scraping,is implemented immediately.
4. Hearing. On October 14,2014 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 if such corrections and
abatement is accomplished by City forces or forces contracted by the City for such purpose.
All interested persons were permitted to provide written or oral 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
EXHIBIT #2:Notice ofViolation and Orderto Correct or Cease Activity dated August 12,
2014 from the Code Enforcement Officer addressed to Dick Cullinan,8616 NE Jean
Road,Moses Lake,WA 98837.
EXHIBIT #3:Pictures taken by Code Enforcement Officer of the property located at
8616 NE Jean Road,Moses Lake,Washington.
EXHIBIT #4:Letter dated September 26,2014 from the Code Enforcement Officer to
Dick Cullinan advising the property owner of the hearing regarding abatement of
property,scheduled for October 14,2014.
Resolved:
1.A public nuisance inviolation of MLMC 8.14.030 exists on the subject property at 8616 NE Jean
Road,Moses Lake,Washington.Dick Cullinan 8616 NE Jean Road,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.Weeds in excess of 12"in height
3.The maintenance ofthese public nuisance violations on the subject property by the record
owner is detrimental to the health,safety,welfare,peace and tranquility ofthe residents of
the City impacting the quality of life and diminishing property values.
4. Dick Cullinan,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:
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o
RESOLUTION NO.3478
Page 3 October 14, 2014
4.1 Weeds must be cut down and/or removed from the site
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 October 14,2014.
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Dick Deane,Mayor
ATTEST:
W.R