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2934• • • RESOLUTION NO.2934 A RESOLUTION DETERMINING THAT JASON WIDDIS 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 Tax# 1615 IN Tract 17 LS Plat; Battery Orchard Tracts., Parcel# 90277000, (1514 Peninsula Dr. in 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 Jason Widdis, 1227 99th Ave. SE, Lake Stevens, WA 98258. 2.Notice: On June 28, 2007, 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 December 5, 2007, the Code Enforcement Officer caused to be delivered to Jason Widdis a notice of the intent of the City Council to consider adoption of a resolution such as this at its meeting of December 18, 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 that the following violations exist on the subject property and have not been corrected: 3.1 A violation of MLMC 8.14.030.AA. The removal of all junk vehicles, vehicle parts, and debris piles from the property located at 1514 Peninsula Drive. 4.Hearing: On December 18, 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 the record owner 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. Ronald C. Covey, May RESOLUTION NO. 2934 PAGE 2 December 18, 2007 EXHIBIT #3: Notice of Violation and Order to Correct or Cease Activity dated June 28, 2007 from the Code Enforcement Officer addressed to Jason Widdis of 1227 99' Ave. SE, Lake Stevens, WA 98258. EXHIBIT #4: Pictures taken by the Code Enforcement Officer of the property located at 1514 Peninsula Dr. in Moses Lake, Washington, Parcel# 90277000. EXHIBIT #5: Letter dated December 5, 2007, from the Code Enforcement Officer to Jason Widdis advising the property owner of the public hearing regarding abatement of property, scheduled for December 18, 2007. RESOLVED: 1.A public nuisance in violation of MLMC 8,14.030.AA exists on the subject property at Parcel# 90277000, Moses Lake, Washington. Jason Widdis 1227 99th Ave. SE, Lake Stevens, WA 98258, is the 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. Debris piles, a junk vehicle, and vehicle parts 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.Jason Widdis, the record 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 A junk vehicle and vehicle parts removed from the property. 5.City staff shall provide a status report to the City Council on the progress of the record 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 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 owner by return receipt and regular mail after its approval by the City Council. Adopted by the City Council on ATTEST: Ronald R. Cone, Finance Director • •