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2920RESOLUTION NO. 2920 A RESOLUTION DETERMINING THAT GORDON BEEMAN IS AN CONTRACT OWNER AND OCCUPANT 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 12, Blk 1, South Terrace Add., Parcel# 11 1026 000, 1105 Hill Street, 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 owners of the subject property to be Edward L. Lewis of 2109 Lakeside Drive, Moses Lake WA 98837 and Gordon Beeman. The contract seller is listed as Gordon Beeman also of 2109 Lakeside Drive in Moses Lake, WA 98837. Gordon Beeman is an occupant of the subject property. 2.Notice. On August 21, 2007, the Code Enforcement Officer caused to be delivered by regular mail and certified mail to Gordon Beeman 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 October 12, 2007, the Code Enforcement Officer caused to be delivered to Gordon Beeman a notice of the intent of the City Council to consider adoption of a resolution such as this at its meeting of October 23, 2007. 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 110 that the following violations exist on the subject property and have not been corrected: 3.1. A violation of MLMC 8.14.030.AA. All inoperable vehicles, trash, debris, metal and other items stored around the property must be removed immediately. 4.Hearing. On October 23, 2007 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 Gordon Beeman is responsible for the costs of correcting and abating such violations if such corrections and abatement is accomplish 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: Greg Nevarez, 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.AA EXHIBIT #2: Previous "Notice To Correct" letters sent. EXHIBIT #3: Notice of Violation and Order to Correct or Cease Activity dated August 21, 2007 from the Code Enforcement Officer addressed to Gordon Beeman, • • Ronald C. Covey, Mayor Adopted by the City Council on October 23, 2007. RESOLUTION NO. 2920 PAGE 2 OCTOBER 23, 2007 1105 Hill St. in Moses Lake.• EXHIBIT #4: EXHIBIT #5: Resolved: Pictures taken by Code Enforcement Officer of the property located at Parcel #11 1026 000 and #11 1027 000, Moses Lake. Letter dated October 12, 2007, from the Code Enforcement Officer to Gordon Beeman advising the property owner of the public hearing regarding abatement of property, scheduled for October 23, 2007. 1.A public nuisance in violation of MLMC 8.14.030.AA exists on the subject property at Parcel #11 1026 000, Moses Lake, Washington. Gordon Beeman, 1105 Hill St. in Moses Lake, WA 98837 is an owner and occupant of the subject property per the records of Grant County and observations of Code Enforcement staff. 2.The public nuisance located upon the subject property consists of: 2.1. Violation 1. Inoperable vehicles, trash, debris, metal and other items stored around 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.Gordon Beeman, an 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 inoperable vehicles, trash, debris, metal and other items stored around the property must be removed. • 5. City staff shall provide a status report to City Manager on the progress of Gordon Beeman, an owern 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 to be removed from the subject property to the satisfaction of the City Manager. All costs of any removal of the identified public •- • - - • • • • it Mana•er b all reasonable means including immediate assignment of the costs so incurre 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 Mayor. ATTEST: Ronald R. Cone, Finance Director