2987• RESOLUTION NO. 2987
A RESOLUTION DETERMINING THAT CITY MORTGAGE INC. 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. It is 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 17;Hall-Weber Add, Parcel# 100017000, Moses Lake, Washington (the
subject property) 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
City Mortgage Inc., 95 Methodist Hill Dr. Suite 100, Rochester, NY 14623.
2.Notice: On June 9, 2008, 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 July 9, 2008, the Code Enforcement Officer caused to be delivered to City
Mortgage Inc. a notice of the intent of the City Council to consider adoption of a resolution such
•as this at its meeting of July 22, 2008. 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: It has been established by the Notice of 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.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 or which are used for agricultural purposes, all grasses, 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.
3.2 A violation of MLMC 8.14.030.M.5: Any poison oak 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 herein shall
prevent the temporary retention of such weeds in approved covered receptacles.
4.Hearing: On July 22, 2008 the Moses Lake City Council conducted a public 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. •
RESOLUTION 2987 July 22, 2008
Page 2
5. Evidence:
5.1. The following persons testified under oath:
Don Pohjola, 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 Chapters 8.14.030.0
EXHIBIT #2: Previous "Notice To Correct" letters sent.
EXHIBIT #3: Notice of Violation and Order to Correct or Cease Activity dated June 9,
2008 from the Code Enforcement Officer addressed to City Mortgage Inc., Rochester,
NY 14623.
EXHIBIT #4: Pictures taken by Code Enforcement Officer of the property located at
Parcel# 100017000, Moses Lake, WA.
EXHIBIT #5: Letter dated July 9, 2008, from the Code Enforcement Officer to City
Mortgage Inc. advising the property owner of the public hearing regarding abatement of
property, scheduled for July 22, 2008.
RESOLVED:
1.A public nuisance in violation of MLMC 8.14.030.0 and 8.14.030.M.5 exists on the subject
property at Parcel# 111335000, Moses Lake, Washington. City Mortgage Inc., 95 Methodist
Hill Dr. Suite 100, Rochester, NY 14623 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. Violation 1. Weeds and grasses 12 inches or greater growing on the property. Noxious
weeds growing on the property.
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.City Mortgage Inc., the record contract owner, has 15 (fifteen) 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 All weeds and grasses 12 inches or greater must be cut and removed from the property.
All noxious weeds must be sprayed, cut and removed to prevent further spreading.
5.City staff shall provide a status report to the City Council on the progress of the record contract
owner 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 to contract forces to cause the identified public nuisances
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Adopted by the City Council on July 22, 2008./
ek/CC,U_
Ronald C. Covey, May
Aiv
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RESOLUTION 2987 July 22, 2008
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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.
ATTEST:
Ronald R. Cone, Finance Director
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