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RESOLUTION NO.3479
A RESOLUTION DETERMINING THAT CARLOS CHAVEZ ESPINOZA 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 toenforce the ordinances and municipalcode ofthe City,that the real propertylocated at 1046
S.Division Street (Tax #3201) Parcel #110268000,Moses Lake, Washington, is the site of public
nuisance violations of Moses Lake MunicipalCode(MLMC)8.14.030.The records of Grant County show
the ownerofthe subject propertyto be Carlos Chavez Espinoza,13061/2 McKinley Avenue,Yakima,WA
98902.
2. Notice. On September 18,2014, the Code Enforcement Officer caused to be delivered byregular mail
and certified mailto the owner ofrecord ofthe subject propertya NoticeofViolation 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 inthat order has not been abated bycorrection of the conditionofthe
propertyand a nuisance continues to exist on the subject property.On October 16,2014, the Code
Enforcement Officercaused to be delivered to Carlos Chavez Espinoza a notice ofthe intent ofthe City
Councilto consider adoption ofa resolution such as this at its meeting of October 28,2014.Such notice
was in writing,inthe English language and was delivered byreturn receipt mail and regular mail to the
record owner of the subject property.
3. Violations.Ithas been established bythe Noticeof Violation and Order to Correct or Cease Activity that
the following violations exist on the subject property and have not been corrected:
3.1 A violation of MLMC 8.14.030 M & U:
M.Theerecting,maintaining,using,placing,depositing,leaving or permitting tobeor remain in
or upon any private lot,building,structure or premises, or in or upon any street,alley,
sidewalk,park, parkwayor other public or privateplace in the city,any one or more ofthe
following disorderly,disturbing,unsanitary,fly-producing,rat-harboring,disease-causing
places,conditions or things:
5.Any poisonoak or poison ivy,Russian thistle or other noxious weeds, as defined by
Chapter 8.22 of the Moses Lake Municipal Code entitled "Noxious Weed Control"
whether growing or otherwise;but nothing hereinshallpreventthe temporaryretention
of such weeds in approved covered receptacles.
U.Exceptforany designated public parkland, naturalarea, or environmentally sensitivearea,
orany undeveloped parcelsoflandnotadjacent to developed areas or which are used for
agricultural purposes, all grasses,weeds, or other vegetation growing or which has grown
and died, whichisdetermined to be a fireorsafety hazard ora nuisance to persons, shall not
exceed twelve inches (12")in height measured above the ground.
1.The above exception maybe waivedand additional maintenance requiredbythe Code
Enforcement Officer ifhe 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, or
scraping the soil to eliminate the grasses,weeds, or other vegetation unless a soil
stabilization plan,which will minimize blowing dust and maintainsoilstability and which
shall be approved bythe city prior to any plowing,discing,or scraping, is implemented
immediately.
RESOLUTION NO.3479
Page 2 October 28, 2014
4.Hearing.On October 28,2014 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 thatthe record owner is responsible for the costs ofcorrecting
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 CorrectorCease Activity dated September 18,2014
from the Code Enforcement Officer addressed to Carlos Chavez Espinoza,1306 %McKinley
Avenue,Yakima,WA 98902
EXHIBIT #3:Pictures taken by Code Enforcement Officer of the property located at 1046 S.
Division,Moses Lake,Washington.
EXHIBIT#4:Letterdated October 16,2014 from the Code Enforcement Officerto Carlos Chavez,
Espinoza advising the property ownerof the hearing regarding abatement of property,scheduled
for October 28,2014..
Resolved:
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1.Apublicnuisanceinviolation of MLMC 8.14.030 exists on the subject property at 1046S. Division,Moses
Lake,Washington.Carlos Chavez Espinoza,1306 YiMcKinley Avenue,Yakima,WA 98902 is 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 in excess of 12" in height
2.2 existence of Kochia,a noxious weed on the property
3.The maintenance ofthese public nuisance violations on the subject property by the record owner is
detrimental to the health,safety,welfare,peace and tranquilityof the residents of the City impacting
the quality of life and diminishing property values.
4.Carlos Chavez Espinoza,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 ofthe Code Enforcement Officer.Those improvements include the following:
4.1 removal of weeds from the property
4.2 spay and then remove Kochia from property
5. City staff shall provide a status report to City Council on the progress of the record contract owner and
occupantto makethe 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 f~\
or contract forces to cause the identified public nuisances tobe removed from the subject property '
to the satisfaction ofthe City Manager.All costs ofany removal ofthe identified public nuisances done
atCityexpense shall be recovered bythe CityManager by allreasonable means including immediate
assignment ofthe costs so incurred for collection.
W
RESOLUTION NO.3479
Page 3 October 28,2014
Acopyofthisresolution shallbe provided tothe record contractowner by return receipt and regular
mail after its approval by the City Council.
Adopted by the City Council on October 28, 2014.
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Dick Deane,Mayor
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