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RESOLUTION NO.3480
A RESOLUTION DETERMINING THAT IRREANTUM,LLC IS THE OWNER OF CERTAIN REAL
PROPERTYWITHIN THE CITY;THATA NUISANCE REQUIRING ABATEMENT BYCITY FORCES
OR FORCES CONTRACTEDBYTHECITY EXISTSON 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 ofthe City,a person
authorized to enforcetheordinances and municipal code of the City,that the real property located at 2311
S. Maiers Road,Moses Lake,Washington (Parcel E,Desertpoint MajorPlat, Lot1, Block 1,Commercial
Binding Site Plan 1sl Amendment), Parcel #091356233,isthe site of publicnuisance violationsofMoses
Lake Municipal Code (MLMC)8.14.030. The records of Grant County show the owner of the subject
property to be Irreantum,LLC,P.O.Box 497,Walla Walla, WA 993620.
2. Notice. On September 25,2014,the Code Enforcement Officer caused to be delivered by regular mail
and certified mailto the ownerof record ofthe subject property a Notice ofViolationand 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 bycorrectionofthe condition ofthe
propertyand a nuisance continues to exist on the subject property.On October 16, 2014, the Code
Enforcement Officer caused to be delivered to Irreantum,LLC a notice of the intent of the City Council
to consider adoption of a resolution such as this at its meeting of October 28, 2014. Such notice was in
writing,inthe English language and was delivered byreturn receipt mailand regular mail to the record
owner of the subject property.
3.Violations.Ithas been established bythe NoticeofViolation and Order to Corrector 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 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 orwhichare used foragriculturalpurposes,allgrasses,weeds, orother vegetation growing
or which has grown and died, which is determined to be a fireor safety hazard or a nuisance to
persons, shall not exceed twelveinches (12")inheight 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, orvegetationcontrolshall notinclude plowing,discing,or scraping
the soilto eliminatethe grasses,weeds, or other vegetation unless a soil stabilization plan,
which will minimize blowing dust and maintainsoil stability and whichshall be approved by
the city priorto any plowing,discing,or scraping, is implemented immediately.
4. Hearing. On October 28,2014 the Moses Lake City Council conducted a hearing to consider the
allegations oftheCodeEnforcement Officer thatthesubjectproperty contains a public nuisanceordered
corrected which remains uncorrected and that the record owner is responsible forthe costs ofcorrecting
and abating such violations ifsuch corrections and abatement is accomplished by City forcesorforces
contracted by the City forsuch purpose.All interested personswere 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
RESOLUTION NO.3480
PAGE 2 October 28, 2014
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 of Violation and Order to Corrector Cease Activity dated July September 25,
2014 from the Code Enforcement Officer addressed to Irreantum,LLC,P.O.Box 497,Walla
Walla,WA 99362.
EXHIBIT #3:Pictures taken by Code Enforcement Officer of the property located at 2311 S.
Maiers Road,Moses Lake,WA 98837.
EXHIBIT #4:Letterdated October16,2014,from the Code Enforcement Officer to Irreantum,LLC
advising the propertyowner ofthe hearing regarding abatement ofproperty,scheduled for October
28,2014.
Resolved:
1.Apublic nuisance inviolationof MLMC 8.13.030 Uexists on the subject property at 2311 S. Maiers Road,
Moses Lake,Washington.Irreantum,LLC,P.O.Box497, Walla Walla, 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 over 12" in height
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.Irreantum,LLC,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 Weeds mus be cut down
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.Ifthe 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 28,2014.
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Dick Deane,Mayor
ATTEST
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