H-4172              _______________________________________________

                                                   HOUSE BILL NO. 1841

                        _______________________________________________

State of Washington                              49th Legislature                              1986 Regular Session

By Representatives Todd, Brough and Hine

Read first time 1/23/86 and referred to Committee on Local Government.

AN ACT Relating to county enforcement of land use and public health ordinances and rules and providing for the priority and manner of foreclosure of liens which secure civil penalties and abatement costs; and adding new sections to chapter 36.32 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1.  A new section is added to chapter 36.32 RCW to read as follows:

          If the legislative authority of any county or city adopts:  (1) Procedures for the imposition of civil penalties against any person or organization which violates that county's or city's land use or public health ordinances or rules; or (2) procedures for the abatement of such violations and for the recovery of the costs of abatement, and if the county or city legislative authority authorizes recordation of a lien against the real property in violation to secure such civil penalties and abatement costs, then such a lien shall be prior to all other liens or claims except real property tax liens and those liens with priority equal to that of real property tax liens.  Such a lien may be foreclosed in the manner in which mortgages are foreclosed, and no minimum or upset price shall be fixed if a county or a city does not seek a deficiency judgment.

NEW SECTION. Sec. 2.  A new section is added to chapter 36.32 RCW to read as follows:

          As used in section 1 of this act, "land use and public health ordinances and rules" shall include, but not be limited to:  (1) Ordinances and formally adopted administrative rules which regulate the development, preservation, subdivision, and use of land; (2) the construction, maintenance, and use of buildings and structures; and (3) the handling, use, and disposal of food, sewage, solid waste, garbage, and pollution.