BILL REQ. #: S-0317.1
| State of Washington | 58th Legislature | 2003 Regular Session |
Read first time 01/15/2003. Referred to Committee on Land Use & Planning.
AN ACT Relating to criminal trespass; amending RCW 9A.52.010, 15.09.070, 15.13.265, 16.52.085, 17.04.280, 17.10.160, 17.21.320, 17.24.021, 22.16.020, 35.43.045, 35.67.310, 35.80.030, 35.80A.040, 35.81.070, 36.70.500, 36.88.390, 38.32.030, 43.92.080, 43.190.080, 47.01.170, 47.41.070, 47.42.080, 57.08.005, 59.18.115, 59.20.130, 70.105D.030, 70.119A.150, 76.01.060, 76.04.035, 76.06.060, 76.09.150, 76.09.160, 77.12.154, 77.12.315, 78.04.015, 78.04.040, 79.01.649, 79.01.650, 79.01.676, 79.01.680, 80.32.070, 80.36.020, 80.36.030, 81.36.020, 81.64.050, 86.09.226, 87.03.140, 89.30.211, 90.16.040, and 90.48.090; and creating a new section.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 (1) The legislature declares that the people
of this state have a right to a reasonable expectation of privacy on
their private property. The legislature finds, however, that over time
statutory authority for entry onto private property has expanded to the
point where the people no longer feel secure from the unreasonable
intrusion of government officials and others who have been granted
special immunity from prosecution for trespass. The legislature
further finds that this unnecessary erosion of the right of privacy
creates dangerous tension between the people of the state and their
government and jeopardizes the orderly resolution of issues.
(2) The legislature intends, with certain limited and necessary
exceptions, that all persons, whether government employees or private
persons, be made subject to the same restrictions with regard to
entering upon the property of another. It is the intent of the
legislature to eliminate special immunities from prosecution for
trespass, whether those immunities have been legislatively granted to
government or to private persons or entities. It is not the intent of
the legislature to change the elements of the crime of trespass, but
only to make all persons subject to the same law with exceptions from
uniform application of that law only for the kinds of entries onto
property by law enforcement officers that are lawful as of the
effective date of this act and those entries onto property by
government personnel that are specified in this act.
Sec. 2 RCW 9A.52.010 and 1985 c 289 s 1 are each amended to read
as follows:
The following definitions apply in this chapter:
(1) "Premises" includes any building, dwelling, structure used for
commercial aquaculture, or any real property;
(2) "Enter". The word "enter" when constituting an element or part
of a crime, shall include the entrance of the person, or the insertion
of any part of his body, or any instrument or weapon held in his hand
and used or intended to be used to threaten or intimidate a person or
to detach or remove property;
(3) "Enters or remains unlawfully". A person "enters or remains
unlawfully" in or upon premises when he is not then licensed, invited,
or otherwise privileged to so enter or remain. A public official or
employee "enters or remains unlawfully" under the same circumstances as
any other person, except that it is not unlawful for such an official
or employee to enter or remain in or upon premises:
(a) When necessary to do so in response to a fire or a medical
emergency;
(b) When acting under authority of a warrant or other court order;
or
(c) When the official or employee is a law enforcement officer
entering or remaining in or upon premises in a manner and under
circumstances that are lawful as of the effective date of this act.
A license or privilege to enter or remain in a building which is
only partly open to the public is not a license or privilege to enter
or remain in that part of a building which is not open to the public.
A person who enters or remains upon unimproved and apparently unused
land, which is neither fenced nor otherwise enclosed in a manner
designed to exclude intruders, does so with license and privilege
unless notice against trespass is personally communicated to him by the
owner of the land or some other authorized person, or unless notice is
given by posting in a conspicuous manner. Land that is used for
commercial aquaculture or for growing an agricultural crop or crops,
other than timber, is not unimproved and apparently unused land if a
crop or any other sign of cultivation is clearly visible or if notice
is given by posting in a conspicuous manner. Similarly, a field fenced
in any manner is not unimproved and apparently unused land.
If a property owner has requested and obtained a service, permit,
certificate, or license that requires the provider of the service,
permit, certificate, or license to have access to the owner's property
for the purpose of insuring that the requirements of the service,
permit, certificate, or license are met, the provider is licensed to
enter or remain upon that portion of the property to which the service,
permit, certificate, or license pertains for that purpose;
(4) "Data" means a representation of information, knowledge, facts,
concepts, or instructions that are being prepared or have been prepared
in a formalized manner and are intended for use in a computer;
(5) "Computer program" means an ordered set of data representing
coded instructions or statements that when executed by a computer cause
the computer to process data;
(6) "Access" means to approach, instruct, communicate with, store
data in, retrieve data from, or otherwise make use of any resources of
a computer, directly or by electronic means.
Sec. 3 RCW 15.09.070 and 1969 c 113 s 7 are each amended to read
as follows:
Any authorized agent or employee of the county horticultural pest
and disease board may, subject to RCW 9A.52.070 and 9A.52.080, enter
upon any property for the purpose of administering this chapter and any
power exercisable pursuant thereto, including the taking of specimens,
general inspection, and the performance of such acts as are necessary
for controlling and preventing the spreading of horticultural pests and
diseases. ((Such entry may be without the consent of the owner, and no
action for trespass or damages shall lie so long as such entry and any
activities connected therewith are undertaken and prosecuted with
reasonable care.))
Should any such employee or authorized agent of the county
horticultural pest and disease board be denied access to such property
where such access was sought to carry out the purpose and provisions of
this chapter, the said board may apply to any court of competent
jurisdiction for a search warrant authorizing access to such property
for said purpose. The court may upon such application issue the search
warrant for the purpose requested.
Sec. 4 RCW 15.13.265 and 2000 c 144 s 4 are each amended to read
as follows:
(1) The director may, subject to RCW 9A.52.070 and 9A.52.080, enter
and inspect the horticultural facilities of a nursery dealer at
reasonable times for the purpose of carrying out the provisions of this
chapter.
(2) If the director is denied access, the director may apply to a
court of competent jurisdiction for a search warrant authorizing access
to the premises. The court may upon such application issue the search
warrant for the purposes requested. The warrant shall be issued on
probable cause. It is sufficient probable cause to show (a) the
inspection is pursuant to a general administrative practice to
determine compliance with this chapter or (b) the director has reason
to believe that a violation of this chapter has occurred, is occurring,
or may occur.
(((3) Denial of access to the director to perform inspections may
subject a nursery dealer to revocation of the nursery license.))
Sec. 5 RCW 16.52.085 and 1994 c 261 s 6 are each amended to read
as follows:
(1) If a law enforcement officer or animal control officer has
probable cause to believe that an owner of a domestic animal has
violated this chapter and no responsible person can be found to assume
the animal's care, the officer may authorize, with a warrant, the
removal of the animal to a suitable place for feeding and care, or may
place the animal under the custody of an animal care and control
agency. In determining what is a suitable place, the officer shall
consider the animal's needs, including its size and behavioral
characteristics. An officer may remove an animal under this subsection
without a warrant only if the animal is in an immediate life-threatening condition and the removal does not violate RCW 9A.52.070 or
9A.52.080.
(2) If a law enforcement officer or an animal control officer has
probable cause to believe a violation of this chapter has occurred, the
officer may, subject to RCW 9A.52.070 and 9A.52.080, authorize an
examination of a domestic animal allegedly neglected or abused in
violation of this chapter by a veterinarian to determine whether the
level of neglect or abuse in violation of this chapter is sufficient to
require removal of the animal. This section does not condone illegal
entry onto private property.
(3) Any owner whose domestic animal is removed pursuant to this
chapter shall be given written notice of the circumstances of the
removal and notice of legal remedies available to the owner. The
notice shall be given by posting at the place of seizure, by delivery
to a person residing at the place of seizure, or by registered mail if
the owner is known. In making the decision to remove an animal
pursuant to this chapter, the officer shall make a good faith effort to
contact the animal's owner before removal.
(4) The agency having custody of the animal may euthanize the
animal or may find a responsible person to adopt the animal not less
than fifteen business days after the animal is taken into custody. A
custodial agency may euthanize severely injured, diseased, or suffering
animals at any time. An owner may prevent the animal's destruction or
adoption by: (a) Petitioning the district court of the county where
the animal was seized for the animal's immediate return subject to
court-imposed conditions, or (b) posting a bond or security in an
amount sufficient to provide for the animal's care for a minimum of
thirty days from the seizure date. If the custodial agency still has
custody of the animal when the bond or security expires, the animal
shall become the agency's property unless the court orders an
alternative disposition. If a court order prevents the agency from
assuming ownership and the agency continues to care for the animal, the
court shall order the owner to renew a bond or security for the
agency's continuing costs for the animal's care.
(5) If no criminal case is filed within fourteen business days of
the animal's removal, the owner may petition the district court of the
county where the animal was removed for the animal's return. The
petition shall be filed with the court, with copies served to the law
enforcement or animal care and control agency responsible for removing
the animal and to the prosecuting attorney. If the court grants the
petition, the agency which seized the animal must deliver the animal to
the owner at no cost to the owner. If a criminal action is filed after
the petition is filed but before the animal is returned, the petition
shall be joined with the criminal matter.
(6) In a motion or petition for the animal's return before a trial,
the burden is on the owner to prove by a preponderance of the evidence
that the animal will not suffer future neglect or abuse and is not in
need of being restored to health.
(7) Any authorized person treating or attempting to restore an
animal to health under this chapter shall not be civilly or criminally
liable for such action.
Sec. 6 RCW 17.04.280 and 1961 c 250 s 10 are each amended to read
as follows:
All weed district directors, all weed inspectors, and all official
agents of all weed districts, in the performance of their official
duties, ((have the right to)) may, subject to RCW 9A.52.070 and
9A.52.080, enter and go upon any of the lands within their weed
district at any reasonable time for any reason necessary to effectuate
the purposes of the weed district. ((Any person who prevents or
threatens to prevent any lawful agent of the weed district, after said
agent identifies himself and the purpose for which he is going upon the
land, from entering or going upon the land within said weed district at
a reasonable time and for a lawful purpose of the weed district, is
guilty of a misdemeanor.))
Sec. 7 RCW 17.10.160 and 1997 c 353 s 20 are each amended to read
as follows:
Any authorized agent or employee of the county noxious weed control
board or of the state noxious weed control board or of the department
of agriculture where not otherwise proscribed by law may, subject to
RCW 9A.52.070 and 9A.52.080, enter upon any property for the purpose of
administering this chapter and any power exercisable pursuant thereto,
including the taking of specimens of weeds, general inspection, and the
performance of eradication or control work. Prior to carrying out the
purpose for which the entry is made, the official making such entry or
someone in his or her behalf, shall make a reasonable attempt to notify
the owner of the property as to the purpose and need for the entry.
(1) When there is probable cause to believe that there is property
within this state not otherwise exempt from process or execution upon
which noxious weeds are standing or growing and the owner refuses
permission to inspect the property, a judge of the superior court or
district court in the county in which the property is located may, upon
the request of the county noxious weed control board or its agent,
issue a warrant directed to the board or agent authorizing the taking
of specimens of weeds or other materials, general inspection, and the
performance of eradication or control work.
(2) Application for issuance and execution and return of the
warrant authorized by this section shall be in accordance with the
applicable rules of the superior court or the district courts.
(3) Nothing in this section requires the application for and
issuance of any warrant not otherwise required by law: PROVIDED, That
civil liability for negligence shall lie in any case in which entry and
any of the activities connected therewith are not undertaken with
reasonable care.
(4) Any person who improperly prevents or threatens to prevent
entry upon land as authorized in this section or any person who
interferes with the carrying out of this chapter shall be upon
conviction guilty of a misdemeanor.
Sec. 8 RCW 17.21.320 and 1989 c 380 s 62 are each amended to read
as follows:
(1) For purpose of carrying out the provisions of this chapter the
director may, subject to RCW 9A.52.070 and 9A.52.080, enter upon any
public or private premises at reasonable times, in order:
(a) To have access for the purpose of inspecting any equipment
subject to this chapter and such premises on which such equipment is
kept or stored;
(b) To inspect lands actually or reported to be exposed to
pesticides;
(c) To inspect storage or disposal areas;
(d) To inspect or investigate complaints of injury to humans or
land; or
(e) To sample pesticides being applied or to be applied.
(2) Should the director be denied access to any land where such
access was sought for the purposes set forth in this chapter, the
director may apply to any court of competent jurisdiction for a search
warrant authorizing access to such land for said purposes. The court
may upon such application, issue the search warrant for the purposes
requested.
(3) It shall be the duty of each prosecuting attorney to whom any
violation of this chapter is reported, to cause appropriate proceedings
to be instituted and prosecuted in a court of competent jurisdiction
without delay.
(4) The director may bring an action to enjoin the violation or
threatened violation of any provision of this chapter or any rule made
pursuant to this chapter in the superior court of the county in which
such violation occurs or is about to occur.
Sec. 9 RCW 17.24.021 and 1991 c 257 s 6 are each amended to read
as follows:
(1) The director may intercept and hold or order held for
inspection, or cause to be inspected while in transit or after arrival
at their destination, all plants, plant products, bees, or other
articles likely to carry plant pests, bee pests, or noxious weeds being
moved into this state from another state, territory, or a foreign
country or within or through this state for plant and bee pests and
disease.
(2) The director may, subject to RCW 9A.52.070 and 9A.52.080, enter
upon public and private premises at reasonable times for the purpose of
carrying out this chapter. If the director be denied access, the
director may apply to any court of competent jurisdiction for a search
warrant authorizing access to such premises. The court may upon such
application issue the search warrant for the purposes requested.
(3) The director may adopt rules in accordance with chapter 34.05
RCW as may be necessary to carry out the purposes and provisions of
this chapter.
Sec. 10 RCW 22.16.020 and 1919 c 98 s 2 are each amended to read
as follows:
Every corporation incorporated or that may hereafter be
incorporated under the laws of this state or of any other state or
territory, and qualified to transact business in this state for the
purpose of acquiring, owning or operating public warehouses or
elevators for storing and handling grain, produce and other
agricultural commodities which may desire to erect and operate any such
public warehouse or elevator, or to erect and operate tramways or cable
tramways for the purpose of carrying, conveying or transporting such
grain, produce or commodities to or from such warehouse or elevator or
to acquire rights of way for roadways to and from such warehouse or
elevator or to acquire boat landing or wharving facilities in
connection with such warehouse or elevator ((shall have the right to))
may, subject to RCW 9A.52.070 and 9A.52.080, enter upon any lands
proposed to be used for any such purpose for the purpose of examining,
locating and surveying the lines and boundaries thereof, doing no
unnecessary damage thereby.
Sec. 11 RCW 35.43.045 and 1965 c 7 s 35.43.045 are each amended
to read as follows:
Every city or town ((shall have the right of entry)) may, subject
to RCW 9A.52.070 and 9A.52.080, enter upon all irrigation, drainage, or
flood control canal or ditch rights of way within its limits for all
purposes necessary to safeguard the public from the hazards of such
open canals or ditches, and the right to cause to be constructed,
installed, and maintained upon or adjacent to such rights of way
safeguards as provided in RCW 35.43.040: PROVIDED, That such
safeguards must not unreasonably interfere with maintenance of the
canal or ditch or with the operation thereof. The city or town, at its
option, notwithstanding any laws to the contrary, may require the
irrigation, drainage, flood control, or other district, agency, person,
corporation, or association maintaining the canal or ditch to supervise
the installation and construction of such safeguards, or to maintain
the same. If such option is exercised reimbursement must be made by
the city or town for all actual costs thereof.
Sec. 12 RCW 35.67.310 and 1965 c 7 s 35.67.310 are each amended
to read as follows:
Every city or town may permit connections with any of its sewers,
either directly or indirectly, from property beyond its limits, upon
such terms, conditions and payments as may be prescribed by ordinance,
which may be required by the city or town to be evidenced by a written
agreement between the city or town and the owner of the property to be
served by the connecting sewer.
If any such agreement is made and filed with the county auditor of
the county in which said property is located, it shall constitute a
covenant running with the land and the agreements and covenants therein
shall be binding on the owner and all persons subsequently acquiring
any right, title or interest in or to said property.
If the terms and conditions of the ordinance or of the agreement
are not kept and performed, or the payments made, as required, the city
or town may disconnect the sewer and for that purpose may at any time
enter upon any public street or road or upon said property. Any such
entry is subject to RCW 9A.52.070 and 9A.52.080.
Sec. 13 RCW 35.80.030 and 1989 c 133 s 3 are each amended to read
as follows:
(1) Whenever the local governing body of a municipality finds that
one or more conditions of the character described in RCW 35.80.010
exist within its territorial limits, said governing body may adopt
ordinances relating to such dwellings, buildings, structures, or
premises. Such ordinances may provide for the following:
(a) That an "improvement board" or officer be designated or
appointed to exercise the powers assigned to such board or officer by
the ordinance as specified herein. Said board or officer may be an
existing municipal board or officer in the municipality, or may be a
separate board or officer appointed solely for the purpose of
exercising the powers assigned by said ordinance.
If a board is created, the ordinance shall specify the terms,
method of appointment, and type of membership of said board, which may
be limited, if the local governing body chooses, to public officers as
herein defined.
(b) If a board is created, a public officer, other than a member of
the improvement board, may be designated to work with the board and
carry out the duties and exercise the powers assigned to said public
officer by the ordinance.
(c) That if, after a preliminary investigation of any dwelling,
building, structure, or premises, the board or officer finds that it is
unfit for human habitation or other use, he shall cause to be served
either personally or by certified mail, with return receipt requested,
upon all persons having any interest therein, as shown upon the records
of the auditor's office of the county in which such property is
located, and shall post in a conspicuous place on such property, a
complaint stating in what respects such dwelling, building, structure,
or premises is unfit for human habitation or other use. If the
whereabouts of any of such persons is unknown and the same cannot be
ascertained by the board or officer in the exercise of reasonable
diligence, and the board or officer makes an affidavit to that effect,
then the serving of such complaint or order upon such persons may be
made either by personal service or by mailing a copy of the complaint
and order by certified mail, postage prepaid, return receipt requested,
to each such person at the address of the building involved in the
proceedings, and mailing a copy of the complaint and order by first
class mail to any address of each such person in the records of the
county assessor or the county auditor for the county where the property
is located. Such complaint shall contain a notice that a hearing will
be held before the board or officer, at a place therein fixed, not less
than ten days nor more than thirty days after the serving of said
complaint; and that all parties in interest shall be given the right to
file an answer to the complaint, to appear in person, or otherwise, and
to give testimony at the time and place in the complaint. The rules of
evidence prevailing in courts of law or equity shall not be controlling
in hearings before the board or officer. A copy of such complaint
shall also be filed with the auditor of the county in which the
dwelling, building, structure, or ((premise [premises])) premises is
located, and such filing of the complaint or order shall have the same
force and effect as other lis pendens notices provided by law.
(d) That the board or officer may determine that a dwelling,
building, structure, or premises is unfit for human habitation or other
use if it finds that conditions exist in such dwelling, building,
structure, or premises which are dangerous or injurious to the health
or safety of the occupants of such dwelling, building, structure, or
premises, the occupants of neighboring dwellings, or other residents of
such municipality. Such conditions may include the following, without
limitations: Defects therein increasing the hazards of fire or
accident; inadequate ventilation, light, or sanitary facilities,
dilapidation, disrepair, structural defects, uncleanliness,
overcrowding, or inadequate drainage. The ordinance shall state
reasonable and minimum standards covering such conditions, including
those contained in ordinances adopted in accordance with subdivision
(7)(a) herein, to guide the board or the public officer and the agents
and employees of either, in determining the fitness of a dwelling for
human habitation, or building, structure, or premises for other use.
(e) That the determination of whether a dwelling, building,
structure, or premises should be repaired or demolished, shall be based
on specific stated standards on (i) the degree of structural
deterioration of the dwelling, building, structure, or premises, or
(ii) the relationship that the estimated cost of repair bears to the
value of the dwelling, building, structure, or premises, with the
method of determining this value to be specified in the ordinance.
(f) That if, after the required hearing, the board or officer
determines that the dwelling is unfit for human habitation, or building
or structure or premises is unfit for other use, it shall state in
writing its findings of fact in support of such determination, and
shall issue and cause to be served upon the owner or party in interest
thereof, as is provided in subdivision (1)(c), and shall post in a
conspicuous place on said property, an order which (i) requires the
owner or party in interest, within the time specified in the order, to
repair, alter, or improve such dwelling, building, structure, or
premises to render it fit for human habitation, or for other use, or to
vacate and close the dwelling, building, structure, or premises, if
such course of action is deemed proper on the basis of the standards
set forth as required in subdivision (1)(e); or (ii) requires the owner
or party in interest, within the time specified in the order, to remove
or demolish such dwelling, building, structure, or premises, if this
course of action is deemed proper on the basis of said standards. If
no appeal is filed, a copy of such order shall be filed with the
auditor of the county in which the dwelling, building, structure, or
premises is located.
(g) The owner or any party in interest, within thirty days from the
date of service upon the owner and posting of an order issued by the
board under the provisions of subdivision (c) of this subsection, may
file an appeal with the appeals commission.
The local governing body of the municipality shall designate or
establish a municipal agency to serve as the appeals commission. The
local governing body shall also establish rules of procedure adequate
to assure a prompt and thorough review of matters submitted to the
appeals commission, and such rules of procedure shall include the
following, without being limited thereto: (i) All matters submitted to
the appeals commission must be resolved by the commission within sixty
days from the date of filing therewith and (ii) a transcript of the
findings of fact of the appeals commission shall be made available to
the owner or other party in interest upon demand.
The findings and orders of the appeals commission shall be reported
in the same manner and shall bear the same legal consequences as if
issued by the board, and shall be subject to review only in the manner
and to the extent provided in subdivision (2) of this section.
If the owner or party in interest, following exhaustion of his
rights to appeal, fails to comply with the final order to repair,
alter, improve, vacate, close, remove, or demolish the dwelling,
building, structure, or premises, the board or officer may, subject to
RCW 9A.52.070 and 9A.52.080, direct or cause such dwelling, building,
structure, or premises to be repaired, altered, improved, vacated, and
closed, removed, or demolished.
(h) That the amount of the cost of such repairs, alterations or
improvements; or vacating and closing; or removal or demolition by the
board or officer, shall be assessed against the real property upon
which such cost was incurred unless such amount is previously paid.
Upon certification to him by the treasurer of the municipality in cases
arising out of the city or town or by the county improvement board or
officer, in cases arising out of the county, of the assessment amount
being due and owing, the county treasurer shall enter the amount of
such assessment upon the tax rolls against the property for the current
year and the same shall become a part of the general taxes for that
year to be collected at the same time and with interest at such rates
and in such manner as provided for in RCW 84.56.020, as now or
hereafter amended, for delinquent taxes, and when collected to be
deposited to the credit of the general fund of the municipality. If
the dwelling, building, structure, or premises is removed or demolished
by the board or officer, the board or officer shall, if possible, sell
the materials of such dwelling, building, structure, (([or])) or
premises in accordance with procedures set forth in said ordinance, and
shall credit the proceeds of such sale against the cost of the removal
or demolition and if there be any balance remaining, it shall be paid
to the parties entitled thereto, as determined by the board or officer,
after deducting the costs incident thereto.
The assessment shall constitute a lien against the property which
shall be of equal rank with state, county and municipal taxes.
(2) Any person affected by an order issued by the appeals
commission pursuant to subdivision (1)(f) hereof may, within thirty
days after the posting and service of the order, petition to the
superior court for an injunction restraining the public officer or
members of the board from carrying out the provisions of the order. In
all such proceedings the court is authorized to affirm, reverse, or
modify the order and such trial shall be heard de novo.
(3) An ordinance adopted by the local governing body of the
municipality may authorize the board or officer to exercise such powers
as may be necessary or convenient to carry out and effectuate the
purposes and provisions of this section. These powers shall include
the following in addition to others herein granted: (a)(i) To
determine which dwellings within the municipality are unfit for human
habitation; (ii) to determine which buildings, structures, or premises
are unfit for other use; (b) to administer oaths and affirmations,
examine witnesses and receive evidence; and (c) to investigate the
dwelling and other property conditions in the municipality or county
and, subject to RCW 9A.52.070 and 9A.52.080, to enter upon premises for
the purpose of making examinations when the board or officer has
reasonable ground for believing they are unfit for human habitation, or
for other use: PROVIDED, That such entries shall be made in such
manner as to cause the least possible inconvenience to the persons in
possession, and to obtain an order for this purpose after submitting
evidence in support of an application which is adequate to justify such
an order from a court of competent jurisdiction in the event entry is
denied or resisted.
(4) The local governing body of any municipality adopting an
ordinance pursuant to this chapter may appropriate the necessary funds
to administer such ordinance.
(5) Nothing in this section shall be construed to abrogate or
impair the powers of the courts or of any department of any
municipality to enforce any provisions of its charter or its ordinances
or regulations, nor to prevent or punish violations thereof; and the
powers conferred by this section shall be in addition and supplemental
to the powers conferred by any other law.
(6) Nothing in this section shall be construed to impair or limit
in any way the power of the municipality to define and declare
nuisances and to cause their removal or abatement, by summary
proceedings or otherwise.
(7) Any municipality may (by ordinance adopted by its governing
body) (a) prescribe minimum standards for the use and occupancy of
dwellings throughout the municipality, or county, (b) prescribe minimum
standards for the use or occupancy of any building, structure, or
premises used for any other purpose, (c) prevent the use or occupancy
of any dwelling, building, structure, or premises, which is injurious
to the public health, safety, morals, or welfare, and (d) prescribe
punishment for the violation of any provision of such ordinance.
Sec. 14 RCW 35.80A.040 and 1989 c 271 s 242 are each amended to
read as follows:
Every county, city, or town may, in addition to any other authority
granted by this chapter: (1) Subject to RCW 9A.52.070 and 9A.52.080,
enter upon any building or property found to constitute a blight on the
surrounding neighborhood in order to make surveys and appraisals, and
to obtain an order for this purpose from a court of competent
jurisdiction in the event entry is denied or resisted; and (2) borrow
money, apply for, and accept, advances, loans, grants, contributions,
and any other form of financial assistance from the federal government,
the state, a county, or other public body, or from any sources, public
or private, for the purposes of this chapter, and enter into and carry
out contracts in connection herewith.
Sec. 15 RCW 35.81.070 and 2002 c 218 s 7 are each amended to read
as follows:
Every municipality shall have all the powers necessary or
convenient to carry out and effectuate the purposes and provisions of
this chapter, including the following powers in addition to others
granted under this chapter:
(1) To undertake and carry out community renewal projects within
the municipality, to make and execute contracts and other instruments
necessary or convenient to the exercise of its powers under this
chapter, and to disseminate blight clearance and community renewal
information.
(2) To provide or to arrange or contract for the furnishing or
repair by any person or agency, public or private, of services,
privileges, works, streets, roads, public utilities or other facilities
for, or in connection with, a community renewal project; to install,
construct, and reconstruct streets, utilities, parks, playgrounds, and
other public improvements; and to agree to any conditions that it may
deem reasonable and appropriate attached to federal financial
assistance and imposed pursuant to federal law relating to the
determination of prevailing salaries or wages or compliance with labor
standards, in the undertaking or carrying out of a community renewal
project, and to include in any contract let in connection with such a
project, provisions to fulfill such of said conditions as it may deem
reasonable and appropriate.
(3) To provide financial or technical assistance, using available
public or private funds, to a person or public body for the purpose of
creating or retaining jobs, a substantial portion of which, as
determined by the municipality, shall be for persons of low income.
(4) To make payments, loans, or grants to, provide assistance to,
and contract with existing or new owners and tenants of property in the
community renewal areas as compensation for any adverse impacts, such
as relocation or interruption of business, that may be caused by the
implementation of a community renewal project, and/or consideration for
commitments to develop, expand, or retain land uses that contribute to
the success of the project or plan, including without limitation
businesses that will create or retain jobs, a substantial portion of
which, as determined by the municipality, shall be for persons of low
income.
(5) To contract with a person or public body to provide financial
assistance, authorized under this section, to property owners and
tenants impacted by the implementation of the community renewal plan
and to provide incentives to property owners and tenants to encourage
them to locate in the community renewal area after adoption of the
community renewal plan.
(6) Within the municipality and subject to RCW 9A.52.070 and
9A.52.080, to enter upon any building or property in any community
renewal area, in order to make surveys and appraisals, provided that
such entries shall be made in such a manner as to cause the least
possible inconvenience to the persons in possession, and to obtain an
order for this purpose from a court of competent jurisdiction in the
event entry is denied or resisted; to acquire by purchase, lease,
option, gift, grant, bequest, devise, eminent domain, or otherwise, any
real property and such personal property as may be necessary for the
administration of the provisions herein contained, together with any
improvements thereon; to hold, improve, clear, or prepare for
redevelopment any such property; to dispose of any real property; to
insure or provide for the insurance of any real or personal property or
operations of the municipality against any risks or hazards, including
the power to pay premiums on any such insurance: PROVIDED, That no
statutory provision with respect to the acquisition, clearance, or
disposition of property by public bodies shall restrict a municipality
in the exercise of such functions with respect to a community renewal
project.
(7) To invest any community renewal project funds held in reserves
or sinking funds or any such funds which are not required for immediate
disbursement, in property or securities in which mutual savings banks
may legally invest funds subject to their control; to redeem such bonds
as have been issued pursuant to RCW 35.81.100 at the redemption price
established therein or to purchase such bonds at less than redemption
price, all such bonds so redeemed or purchased to be canceled.
(8) To borrow money and to apply for, and accept, advances, loans,
grants, contributions and any other form of financial assistance from
the federal government, the state, county, or other public body, or
from any sources, public or private, for the purposes of this chapter,
and to enter into and carry out contracts in connection therewith. A
municipality may include in any application or contract for financial
assistance with the federal government for a community renewal project
such conditions imposed pursuant to federal laws as the municipality
may deem reasonable and appropriate and which are not inconsistent with
the purposes of this chapter.
(9) Within the municipality, to make or have made all plans
necessary to the carrying out of the purposes of this chapter and to
contract with any person, public or private, in making and carrying out
such plans and to adopt or approve, modify, and amend such plans. Such
plans may include, without limitation: (a) A comprehensive plan or
parts thereof for the locality as a whole, (b) community renewal plans,
(c) plans for carrying out a program of voluntary or compulsory repair
and rehabilitation of buildings and improvements, (d) plans for the
enforcement of state and local laws, codes, and regulations relating to
the use of land and the use and occupancy of buildings and improvements
and to the compulsory repair, rehabilitation, demolition, or removal of
buildings and improvements, (e) appraisals, title searches, surveys,
studies, and other preliminary plans and work necessary to prepare for
the undertaking of community renewal projects, and (f) plans to provide
financial or technical assistance to a person or public body for the
purpose of creating or retaining jobs, a substantial portion of which,
as determined by the municipality, shall be for persons of low income.
The municipality is authorized to develop, test, and report methods and
techniques, and carry out demonstrations and other activities, for the
prevention and the elimination of blight, for job creation or retention
activities, and to apply for, accept, and utilize grants of, funds from
the federal government for such purposes.
(10) To prepare plans for the relocation of families displaced from
a community renewal area, and to coordinate public and private agencies
in such relocation, including requesting such assistance for this
purpose as is available from other private and governmental agencies,
both for the municipality and other parties.
(11) To appropriate such funds and make such expenditures as may be
necessary to carry out the purposes of this chapter, and in accordance
with state law: (a) Levy taxes and assessments for such purposes; (b)
acquire land either by negotiation or eminent domain, or both; (c)
close, vacate, plan, or replan streets, roads, sidewalks, ways, or
other places; (d) plan or replan, zone or rezone any part of the
municipality; (e) adopt annual budgets for the operation of a community
renewal agency, department, or offices vested with community renewal
project powers under RCW 35.81.150; and (f) enter into agreements with
such agencies or departments (which agreements may extend over any
period) respecting action to be taken by such municipality pursuant to
any of the powers granted by this chapter.
(12) Within the municipality, to organize, coordinate, and direct
the administration of the provisions of this chapter as they apply to
such municipality in order that the objective of remedying blighted
areas and preventing the causes thereof within such municipality may be
most effectively promoted and achieved, and to establish such new
office or offices of the municipality or to reorganize existing offices
in order to carry out such purpose most effectively.
(13) To contract with a person or public body to assist in carrying
out the purposes of this chapter.
(14) To exercise all or any part or combination of powers herein
granted.
Sec. 16 RCW 36.70.500 and 1963 c 4 s 36.70.500 are each amended
to read as follows:
In the performance of their functions and duties, duly authorized
members of a commission or planning staff may, subject to RCW 9A.52.070
and 9A.52.080, enter upon any land and make examinations and surveys:
PROVIDED, That such entries, examinations and surveys do not damage or
interfere with the use of the land by those persons lawfully entitled
to the possession thereof.
Sec. 17 RCW 36.88.390 and 1963 c 4 s 36.88.390 are each amended
to read as follows:
Every county ((shall have the right of entry)) may, subject to RCW
9A.52.070 and 9A.52.080, enter upon every irrigation, drainage, or
flood control canal or ditch right of way within its boundaries for all
purposes necessary to safeguard the public from the hazards of open
canals or ditches, including the right to clean such canals or ditches
to prevent their flooding adjacent lands, and the right to cause to be
constructed and maintained on such rights of way or adjacent thereto
safeguards as authorized by RCW 36.88.015: PROVIDED, That such
safeguards must not unreasonably interfere with maintenance of the
canal or ditch or with the operation thereof.
Sec. 18 RCW 38.32.030 and 1943 c 130 s 45 are each amended to
read as follows:
No person belonging to the military forces of this state shall be
arrested on any warrant, except for treason or felony, while going to,
remaining at, or returning from any place at which he may be required
to attend military duty. Any members of the organized militia
parading, or performing any duty according to the law shall have the
right of way in any street or highway through which they may pass and
while on field duty ((shall have the right to)) may, subject to RCW
9A.52.070 and 9A.52.080, enter upon, cross or occupy any uninclosed
lands, or any inclosed lands where no damage will be caused thereby:
PROVIDED, That the carriage of the United States mail and legitimate
functions of the police and fire departments shall not be interfered
with thereby.
Sec. 19 RCW 43.92.080 and 1965 c 8 s 43.92.080 are each amended
to read as follows:
In order to carry out the purposes of this chapter all persons
employed hereunder ((are authorized to)) may, subject to RCW 9A.52.070
and 9A.52.080, enter and cross all land within the state doing thereby
no damage to private property.
Sec. 20 RCW 43.190.080 and 1983 c 290 s 8 are each amended to
read as follows:
(1) The office of the state long-term care ombudsman shall develop
procedures, subject to RCW 9A.52.070 and 9A.52.080, governing the right
of entry of all long-term care ombudsmen to long-term care facilities
and, subject to RCW 9A.52.070 and 9A.52.080, shall have access to
residents with provisions made for privacy for the purpose of hearing,
investigating, and resolving complaints of, and rendering advice to,
individuals who are patients or residents of the facilities at any time
deemed necessary and reasonable by the state ombudsman to effectively
carry out the provisions of this chapter.
(2) Nothing in this chapter restricts, limits, or increases any
existing right of any organizations or individuals not described in
subsection (1) of this section to enter or provide assistance to
patients or residents of long-term care facilities.
(3) Nothing in this chapter restricts any right or privilege of any
patient or resident of a long-term care facility to receive visitors of
his or her choice.
Sec. 21 RCW 47.01.170 and 1984 c 7 s 77 are each amended to read
as follows:
The department or its duly authorized and acting assistants,
agents, or appointees ((have the right to)) may, subject to RCW
9A.52.070 and 9A.52.080, enter upon any land, real estate, or premises
in this state, whether public or private, for purposes of making
examinations, locations, surveys, and appraisals for highway purposes.
((The making of any such entry for those purposes does not constitute
any trespass by the department or by its duly authorized and acting
assistants, agents, or appointees.))
Sec. 22 RCW 47.41.070 and 1984 c 7 s 220 are each amended to read
as follows:
If the owner of the land upon which any such junkyard is located,
or the operator thereof, as the case may be, fails to comply with the
notice or remove any such junk within the time provided in this chapter
after being so notified, he is guilty of a misdemeanor. In addition to
the penalties imposed by law upon conviction, an order may be entered
compelling compliance with this chapter. Each day the junkyard is
maintained in a manner so as not to comply with this chapter
constitutes a separate offense.
If the operator of the junkyard or the owner of the property upon
which it is located, as the case may be, is not found or refuses
receipt of the notice, the department, the chief of the Washington
state patrol, the county sheriff, or the chief of police of any city or
town shall post the property upon which it is located with a notice
that the junkyard constitutes a public nuisance and that the junk
thereon must be removed as provided in this chapter. If the notice is
not complied with, the department, the chief of the Washington state
patrol, the county sheriff, or the chief of police of any city or town
shall abate the nuisance and remove the junk, and for that purpose may,
subject to RCW 9A.52.070 and 9A.52.080, enter upon private property
without incurring liability for doing so.
Sec. 23 RCW 47.42.080 and 1985 c 376 s 6 are each amended to read
as follows:
(1) Any sign erected or maintained contrary to the provisions of
this chapter or rules adopted hereunder that is designed to be viewed
from the interstate system, the primary system, or the scenic system is
a public nuisance, and the department, the chief of the Washington
state patrol, the county sheriff, or the chief of police of any city or
town shall notify the permittee or, if there is no permittee, the owner
of the property on which the sign is located, by certified mail at his
last known address, that it constitutes a public nuisance and must
comply with the chapter or be removed.
(2) If the permittee or owner, as the case may be, fails to comply
with the chapter or remove any such sign within fifteen days after
being notified to remove the sign he is guilty of a misdemeanor. In
addition to the penalties imposed by law upon conviction, an order may
be entered compelling removal of the sign. Each day the sign is
maintained constitutes a separate offense.
(3) If the permittee or the owner of the property upon which it is
located, as the case may be, is not found or refuses receipt of the
notice, the department, the chief of the Washington state patrol, the
county sheriff, or the chief of police of any city or town shall post
the sign and property upon which it is located with a notice that the
sign constitutes a public nuisance and must be removed. If the sign is
not removed within fifteen days after such posting, the department, the
chief of the Washington state patrol, the county sheriff, or the chief
of police of any city or town shall abate the nuisance and destroy the
sign, and for that purpose may, subject to RCW 9A.52.070 and 9A.52.080,
enter upon private property without incurring liability for doing so.
(4) Nothing in this section may be construed to affect the
provisions contained in RCW 47.42.102 requiring the payment of
compensation upon the removal of any signs compensable under state law.
(5) Any sign erected or maintained on state highway right of way
contrary to this chapter or rules adopted under it is a public
nuisance, and the department is authorized to remove any such sign
without notice.
Sec. 24 RCW 57.08.005 and 1999 c 153 s 2 are each amended to read
as follows:
A district shall have the following powers:
(1) To acquire by purchase or condemnation, or both, all lands,
property and property rights, and all water and water rights, both
within and without the district, necessary for its purposes. The right
of eminent domain shall be exercised in the same manner and by the same
procedure as provided for cities and towns, insofar as consistent with
this title, except that all assessment or reassessment rolls to be
prepared and filed by eminent domain commissioners or commissioners
appointed by the court shall be prepared and filed by the district, and
the duties devolving upon the city treasurer are imposed upon the
county treasurer;
(2) To lease real or personal property necessary for its purposes
for a term of years for which that leased property may reasonably be
needed;
(3) To construct, condemn and purchase, add to, maintain, and
supply waterworks to furnish the district and inhabitants thereof and
any other persons, both within and without the district, with an ample
supply of water for all uses and purposes public and private with full
authority to regulate and control the use, content, distribution, and
price thereof in such a manner as is not in conflict with general law
and may construct, acquire, or own buildings and other necessary
district facilities. Where a customer connected to the district's
system uses the water on an intermittent or transient basis, a district
may charge for providing water service to such a customer, regardless
of the amount of water, if any, used by the customer. District
waterworks may include facilities which result in combined water supply
and electric generation, if the electricity generated thereby is a
byproduct of the water supply system. That electricity may be used by
the district or sold to any entity authorized by law to use or
distribute electricity. Electricity is deemed a byproduct when the
electrical generation is subordinate to the primary purpose of water
supply. For such purposes, a district may take, condemn and purchase,
acquire, and retain water from any public or navigable lake, river or
watercourse, or any underflowing water, and by means of aqueducts or
pipeline conduct the same throughout the district and any city or town
therein and carry it along and upon public highways, roads, and
streets, within and without such district. For the purpose of
constructing or laying aqueducts or pipelines, dams, or waterworks or
other necessary structures in storing and retaining water or for any
other lawful purpose such district may, subject to RCW 9A.52.070 and
9A.52.080, occupy the beds and shores up to the high water mark of any
such lake, river, or other watercourse, and may acquire by purchase or
condemnation such property or property rights or privileges as may be
necessary to protect its water supply from pollution. For the purposes
of waterworks which include facilities for the generation of
electricity as a byproduct, nothing in this section may be construed to
authorize a district to condemn electric generating, transmission, or
distribution rights or facilities of entities authorized by law to
distribute electricity, or to acquire such rights or facilities without
the consent of the owner;
(4) To purchase and take water from any municipal corporation,
private person, or entity. A district contiguous to Canada may
contract with a Canadian corporation for the purchase of water and for
the construction, purchase, maintenance, and supply of waterworks to
furnish the district and inhabitants thereof and residents of Canada
with an ample supply of water under the terms approved by the board of
commissioners;
(5) To construct, condemn and purchase, add to, maintain, and
operate systems of sewers for the purpose of furnishing the district,
the inhabitants thereof, and persons outside the district with an
adequate system of sewers for all uses and purposes, public and
private, including but not limited to on-site sewage disposal
facilities, approved septic tanks or approved septic tank systems, on-site sanitary sewerage systems, inspection services and maintenance
services for private and public on-site systems, point and nonpoint
water pollution monitoring programs that are directly related to the
sewerage facilities and programs operated by a district, other
facilities, programs, and systems for the collection, interception,
treatment, and disposal of wastewater, and for the control of pollution
from wastewater with full authority to regulate the use and operation
thereof and the service rates to be charged. Under this chapter, after
July 1, 1998, any requirements for pumping the septic tank of an on-site sewage system should be based, among other things, on actual
measurement of accumulation of sludge and scum by a trained inspector,
trained owner's agent, or trained owner. Training must occur in a
program approved by the state board of health or by a local health
officer. Sewage facilities may include facilities which result in
combined sewage disposal or treatment and electric generation, except
that the electricity generated thereby is a byproduct of the system of
sewers. Such electricity may be used by the district or sold to any
entity authorized by law to distribute electricity. Electricity is
deemed a byproduct when the electrical generation is subordinate to the
primary purpose of sewage disposal or treatment. For such purposes a
district may conduct sewage throughout the district and throughout
other political subdivisions within the district, and construct and lay
sewer pipe along and upon public highways, roads, and streets, within
and without the district, and condemn and purchase or acquire land and
rights of way necessary for such sewer pipe. A district may erect
sewage treatment plants within or without the district, and may
acquire, by purchase or condemnation, properties or privileges
necessary to be had to protect any lakes, rivers, or watercourses and
also other areas of land from pollution from its sewers or its sewage
treatment plant. For the purposes of sewage facilities which include
facilities that result in combined sewage disposal or treatment and
electric generation where the electric generation is a byproduct,
nothing in this section may be construed to authorize a district to
condemn electric generating, transmission, or distribution rights or
facilities of entities authorized by law to distribute electricity, or
to acquire such rights or facilities without the consent of the owners;
(6) To construct, condemn and purchase, add to, maintain, and
operate systems of drainage for the benefit and use of the district,
the inhabitants thereof, and persons outside the district with an
adequate system of drainage, including but not limited to facilities
and systems for the collection, interception, treatment, and disposal
of storm or surface waters, and for the protection, preservation, and
rehabilitation of surface and underground waters, and drainage
facilities for public highways, streets, and roads, with full authority
to regulate the use and operation thereof and the service rates to be
charged. Drainage facilities may include natural systems. Drainage
facilities may include facilities which result in combined drainage
facilities and electric generation, except that the electricity
generated thereby is a byproduct of the drainage system. Such
electricity may be used by the district or sold to any entity
authorized by law to distribute electricity. Electricity is deemed a
byproduct when the electrical generation is subordinate to the primary
purpose of drainage collection, disposal, and treatment. For such
purposes, a district may conduct storm or surface water throughout the
district and throughout other political subdivisions within the
district, construct and lay drainage pipe and culverts along and upon
public highways, roads, and streets, within and without the district,
and condemn and purchase or acquire land and rights of way necessary
for such drainage systems. A district may provide or erect facilities
and improvements for the treatment and disposal of storm or surface
water within or without the district, and may acquire, by purchase or
condemnation, properties or privileges necessary to be had to protect
any lakes, rivers, or watercourses and also other areas of land from
pollution from storm or surface waters. For the purposes of drainage
facilities which include facilities that also generate electricity as
a byproduct, nothing in this section may be construed to authorize a
district to condemn electric generating, transmission, or distribution
rights or facilities of entities authorized by law to distribute
electricity, or to acquire such rights or facilities without the
consent of the owners;
(7) To construct, condemn, acquire, and own buildings and other
necessary district facilities;
(8) To compel all property owners within the district located
within an area served by the district's system of sewers to connect
their private drain and sewer systems with the district's system under
such penalty as the commissioners shall prescribe by resolution. The
district may for such purpose, and subject to RCW 9A.52.070 and
9A.52.080, enter upon private property and connect the private drains
or sewers with the district system and the cost thereof shall be
charged against the property owner and shall be a lien upon property
served;
(9) Where a district contains within its borders, abuts, or is
located adjacent to any lake, stream, ground water as defined by RCW
90.44.035, or other waterway within the state of Washington, to provide
for the reduction, minimization, or elimination of pollutants from
those waters in accordance with the district's comprehensive plan, and
to issue general obligation bonds, revenue bonds, local improvement
district bonds, or utility local improvement bonds for the purpose of
paying all or any part of the cost of reducing, minimizing, or
eliminating the pollutants from these waters;
(10) To fix rates and charges for water, sewer, and drain service
supplied and to charge property owners seeking to connect to the
district's systems, as a condition to granting the right to so connect,
in addition to the cost of the connection, such reasonable connection
charge as the board of commissioners shall determine to be proper in
order that those property owners shall bear their equitable share of
the cost of the system. For the purposes of calculating a connection
charge, the board of commissioners shall determine the pro rata share
of the cost of existing facilities and facilities planned for
construction within the next ten years and contained in an adopted
comprehensive plan and other costs borne by the district which are
directly attributable to the improvements required by property owners
seeking to connect to the system. The cost of existing facilities
shall not include those portions of the system which have been donated
or which have been paid for by grants. The connection charge may
include interest charges applied from the date of construction of the
system until the connection, or for a period not to exceed ten years,
whichever is shorter, at a rate commensurate with the rate of interest
applicable to the district at the time of construction or major
rehabilitation of the system, or at the time of installation of the
lines to which the property owner is seeking to connect. A district
may permit payment of the cost of connection and the reasonable
connection charge to be paid with interest in installments over a
period not exceeding fifteen years. The county treasurer may charge
and collect a fee of three dollars for each year for the treasurer's
services. Those fees shall be a charge to be included as part of each
annual installment, and shall be credited to the county current expense
fund by the county treasurer. Revenues from connection charges
excluding permit fees are to be considered payments in aid of
construction as defined by department of revenue rule. Rates or
charges for on-site inspection and maintenance services may not be
imposed under this chapter on the development, construction, or
reconstruction of property.
Before adopting on-site inspection and maintenance utility
services, or incorporating residences into an on-site inspection and
maintenance or sewer utility under this chapter, notification must be
provided, prior to the applicable public hearing, to all residences
within the proposed service area that have on-site systems permitted by
the local health officer. The notice must clearly state that the
residence is within the proposed service area and must provide
information on estimated rates or charges that may be imposed for the
service.
A water-sewer district shall not provide on-site sewage system
inspection, pumping services, or other maintenance or repair services
under this section using water-sewer district employees unless the on-site system is connected by a publicly owned collection system to the
water-sewer district's sewerage system, and the on-site system
represents the first step in the sewage disposal process.
Except as otherwise provided in RCW 90.03.525, any public entity
and public property, including the state of Washington and state
property, shall be subject to rates and charges for sewer, water, storm
water control, drainage, and street lighting facilities to the same
extent private persons and private property are subject to those rates
and charges that are imposed by districts. In setting those rates and
charges, consideration may be made of in-kind services, such as stream
improvements or donation of property;
(11) To contract with individuals, associations and corporations,
the state of Washington, and the United States;
(12) To employ such persons as are needed to carry out the
district's purposes and fix salaries and any bond requirements for
those employees;
(13) To contract for the provision of engineering, legal, and other
professional services as in the board of commissioner's discretion is
necessary in carrying out their duties;
(14) To sue and be sued;
(15) To loan and borrow funds and to issue bonds and instruments
evidencing indebtedness under chapter 57.20 RCW and other applicable
laws;
(16) To transfer funds, real or personal property, property
interests, or services subject to RCW 57.08.015;
(17) To levy taxes in accordance with this chapter and chapters
57.04 and 57.20 RCW;
(18) To provide for making local improvements and to levy and
collect special assessments on property benefitted thereby, and for
paying for the same or any portion thereof in accordance with chapter
57.16 RCW;
(19) To establish street lighting systems under RCW 57.08.060;
(20) To exercise such other powers as are granted to water-sewer
districts by this title or other applicable laws; and
(21) To exercise any of the powers granted to cities and counties
with respect to the acquisition, construction, maintenance, operation
of, and fixing rates and charges for waterworks and systems of sewerage
and drainage.
Sec. 25 RCW 59.18.115 and 1989 c 342 s 16 are each amended to
read as follows:
(1) The legislature finds that some tenants live in residences that
are substandard and dangerous to their health and safety and that the
repair and deduct remedies of RCW 59.18.100 may not be adequate to
remedy substandard and dangerous conditions. Therefore, an
extraordinary remedy is necessary if the conditions substantially
endanger or impair the health and safety of the tenant.
(2)(a) If a landlord fails to fulfill any substantial obligation
imposed by RCW 59.18.060 that substantially endangers or impairs the
health or safety of a tenant, including (i) structural members that are
of insufficient size or strength to carry imposed loads with safety,
(ii) exposure of the occupants to the weather, (iii) plumbing and
sanitation defects that directly expose the occupants to the risk of
illness or injury, (iv) lack of water, including hot water, (v) heating
or ventilation systems that are not functional or are hazardous, (vi)
defective, hazardous, or missing electrical wiring or electrical
service, (vii) defective or inadequate exits that increase the risk of
injury to occupants, and (viii) conditions that increase the risk of
fire, the tenant shall give notice in writing to the landlord,
specifying the conditions, acts, omissions, or violations. Such notice
shall be sent to the landlord or to the person or place where rent is
normally paid.
(b) If after receipt of the notice described in (a) of this
subsection the landlord fails to remedy the condition or conditions
within a reasonable amount of time under RCW 59.18.070, the tenant may
request that the local government provide for an inspection of the
premises with regard to the specific condition or conditions that exist
as provided in (a) of this subsection. The local government shall have
the appropriate government official, or may designate a public or
disinterested private person or company capable of conducting the
inspection and making the certification, conduct an inspection of the
specific condition or conditions listed by the tenant, and shall not
inspect nor be liable for any other condition or conditions of the
premises. The purpose of this inspection is to verify, to the best of
the inspector's ability, whether the tenant's listed condition or
conditions exist and substantially endanger the tenant's health or
safety under (a) of this subsection; the inspection is for the purposes
of this private civil remedy, and therefore shall not be related to any
other governmental function such as enforcement of any code, ordinance,
or state law.
(c) The local government or its designee, after receiving the
request from the tenant to conduct an inspection under this section,
shall conduct the inspection and make any certification within a
reasonable amount of time not more than five days from the date of
receipt of the request. The local government or its designee may,
subject to RCW 9A.52.070 and 9A.52.080, enter the premises at any
reasonable time to do the inspection, provided that he or she first
shall display proper credentials and request entry. The local
government or its designee shall whenever practicable, taking into
consideration the imminence of any threat to the tenant's health or
safety, give the landlord at least twenty-four hours notice of the date
and time of inspection and provide the landlord with an opportunity to
be present at the time of the inspection. The landlord shall have no
power or authority to prohibit entry for the inspection.
(d) The local government or its designee shall certify whether the
condition or the conditions specified by the tenant do exist and do
make the premises substantially unfit for human habitation or can be a
substantial risk to the health and safety of the tenant as described in
(a) of this subsection. The certification shall be provided to the
tenant, and a copy shall be included by the tenant with the notice sent
to the landlord under subsection (3) of this section. The
certification may be appealed to the local board of appeals, but the
appeal shall not delay or preclude the tenant from proceeding with the
escrow under this section.
(e) The tenant shall not be entitled to deposit rent in escrow
pursuant to this section unless the tenant first makes a good faith
determination that he or she is unable to repair the conditions
described in the certification issued pursuant to subsection (2)(d) of
this section through use of the repair remedies authorized by RCW
59.18.100.
(f) If the local government or its designee certifies that the
condition or conditions specified by the tenant exist, the tenant shall
then either pay the periodic rent due to the landlord or deposit all
periodic rent then called for in the rental agreement and all rent
thereafter called for in the rental agreement into an escrow account
maintained by a person authorized by law to set up and maintain escrow
accounts, including escrow companies under chapter 18.44 RCW, financial
institutions, or attorneys, or with the clerk of the court of the
district or superior court where the property is located. These
depositories are hereinafter referred to as "escrow." The tenant shall
notify the landlord in writing of the deposit by mailing the notice
postage prepaid by first class mail or by delivering the notice to the
landlord promptly but not more than twenty-four hours after the
deposit.
(g) This section, when elected as a remedy by the tenant by sending
the notice under subsection (3) of this section, shall be the exclusive
remedy available to the tenant regarding defects described in the
certification under subsection (2)(d) of this section: PROVIDED, That
the tenant may simultaneously commence or pursue an action in an
appropriate court, or at arbitration if so agreed, to determine past,
present, or future diminution in rental value of the premises due to
any defective conditions.
(3) The notice to the landlord of the rent escrow under this
section shall be a sworn statement by the tenant in substantially the
following form:
The following condition has been certified by a local building official to substantially endanger, impair, or affect the health or safety of a tenant:
That written notice of the conditions needing repair was provided to the landlord on . . ., and . . . days have elapsed and the repairs have not been made.
Sec. 26 RCW 59.20.130 and 1999 c 359 s 11 are each amended to
read as follows:
It shall be the duty of the landlord to:
(1) Comply with codes, statutes, ordinances, and administrative
rules applicable to the mobile home park;
(2) Maintain the common premises and prevent the accumulation of
stagnant water and to prevent the detrimental effects of moving water
when such condition is not the fault of the tenant;
(3) Keep any shared or common premises reasonably clean, sanitary,
and safe from defects to reduce the hazards of fire or accident;
(4) Keep all common premises of the mobile home park, and vacant
mobile home lots, not in the possession of tenants, free of weeds or
plant growth noxious and detrimental to the health of the tenants and
free from potentially injurious or unsightly objects and condition;
(5) Exterminate or make a reasonable effort to exterminate rodents,
vermin, or other pests dangerous to the health and safety of the tenant
whenever infestation exists on the common premises or whenever
infestation occurs in the interior of a mobile home, manufactured home,
or park model as a result of infestation existing on the common
premises;
(6) Maintain and protect all utilities provided to the mobile home,
manufactured home, or park model in good working condition.
Maintenance responsibility shall be determined at that point where the
normal mobile home, manufactured home, or park model utilities "hook-ups" connect to those provided by the landlord or utility company;
(7) Respect the privacy of the tenants and shall have no right of
entry to a mobile home, manufactured home, or park model without the
prior written consent of the occupant((, except in case of emergency or
when the occupant has abandoned the mobile home, manufactured home, or
park model)). Such consent may be revoked in writing by the occupant
at any time. The ownership or management ((shall have a right of
entry)) may, subject to RCW 9A.52.070 and 9A.52.080, enter upon the
land upon which a mobile home, manufactured home, or park model is
situated for maintenance of utilities, to insure compliance with
applicable codes, statutes, ordinances, administrative rules, and the
rental agreement and the rules of the park, and protection of the
mobile home park at any reasonable time or in an emergency, but not in
a manner or at a time which would interfere with the occupant's quiet
enjoyment. The ownership or management shall make a reasonable effort
to notify the tenant of their intention of entry upon the land which a
mobile home, manufactured home, or park model is located prior to
entry;
(8) Allow tenants freedom of choice in the purchase of goods and
services, and not unreasonably restrict access to the mobile home park
for such purposes;
(9) Maintain roads within the mobile home park in good condition;
and
(10) Notify each tenant within five days after a petition has been
filed by the landlord for a change in the zoning of the land where the
mobile home park is located and make a description of the change
available to the tenant.
A landlord shall not have a duty to repair a defective condition
under this section, nor shall any defense or remedy be available to the
tenant under this chapter, if the defective condition complained of was
caused by the conduct of the tenant, the tenant's family, invitee, or
other person acting under the tenant's control, or if a tenant
unreasonably fails to allow the landlord access to the property for
purposes of repair.
Sec. 27 RCW 70.105D.030 and 2002 c 288 s 3 are each amended to
read as follows:
(1) The department may exercise the following powers in addition to
any other powers granted by law:
(a) Investigate, provide for investigating, or require potentially
liable persons to investigate any releases or threatened releases of
hazardous substances, including but not limited to inspecting,
sampling, or testing to determine the nature or extent of any release
or threatened release. If there is a reasonable basis to believe that
a release or threatened release of a hazardous substance may exist, the
department's authorized employees, agents, or contractors may, subject
to RCW 9A.52.070 and 9A.52.080, enter upon any property and conduct
investigations. The department shall not violate RCW 9A.52.070 or
9A.52.080 and shall give reasonable notice before entering property
unless an emergency prevents such notice. The department may by
subpoena require the attendance or testimony of witnesses and the
production of documents or other information that the department deems
necessary;
(b) Conduct, provide for conducting, or require potentially liable
persons to conduct remedial actions (including investigations under (a)
of this subsection) to remedy releases or threatened releases of
hazardous substances. In carrying out such powers, the department's
authorized employees, agents, or contractors may, subject to RCW
9A.52.070 and 9A.52.080, enter upon property. The department shall not
violate RCW 9A.52.070 or 9A.52.080 and shall give reasonable notice
before entering property unless an emergency prevents such notice. In
conducting, providing for, or requiring remedial action, the department
shall give preference to permanent solutions to the maximum extent
practicable and shall provide for or require adequate monitoring to
ensure the effectiveness of the remedial action;
(c) Indemnify contractors retained by the department for carrying
out investigations and remedial actions, but not for any contractor's
reckless or wilful misconduct;
(d) Carry out all state programs authorized under the federal
cleanup law and the federal resource, conservation, and recovery act,
42 U.S.C. Sec. 6901 et seq., as amended;
(e) Classify substances as hazardous substances for purposes of RCW
70.105D.020(7) and classify substances and products as hazardous
substances for purposes of RCW 82.21.020(1);
(f) Issue orders or enter into consent decrees or agreed orders
that include, or issue written opinions under (i) of this subsection
that may be conditioned upon, deed restrictions where necessary to
protect human health and the environment from a release or threatened
release of a hazardous substance from a facility. Prior to
establishing a deed restriction under this subsection, the department
shall notify and seek comment from a city or county department with
land use planning authority for real property subject to a deed
restriction;
(g) Enforce the application of permanent and effective
institutional controls that are necessary for a remedial action to be
protective of human health and the environment and the notification
requirements established in RCW 70.105D.110, and impose penalties for
violations of that section consistent with RCW 70.105D.050;
(h) Require holders to conduct remedial actions necessary to abate
an imminent or substantial endangerment pursuant to RCW
70.105D.020(12)(b)(ii)(C);
(i) Provide informal advice and assistance to persons regarding the
administrative and technical requirements of this chapter. This may
include site-specific advice to persons who are conducting or otherwise
interested in independent remedial actions. Any such advice or
assistance shall be advisory only, and shall not be binding on the
department. As a part of providing this advice and assistance for
independent remedial actions, the department may prepare written
opinions regarding whether the independent remedial actions or
proposals for those actions meet the substantive requirements of this
chapter or whether the department believes further remedial action is
necessary at the facility. The department may collect, from persons
requesting advice and assistance, the costs incurred by the department
in providing such advice and assistance; however, the department shall,
where appropriate, waive collection of costs in order to provide an
appropriate level of technical assistance in support of public
participation. The state, the department, and officers and employees
of the state are immune from all liability, and no cause of action of
any nature may arise from any act or omission in providing, or failing
to provide, informal advice and assistance; and
(j) Take any other actions necessary to carry out the provisions of
this chapter, including the power to adopt rules under chapter 34.05
RCW.
(2) The department shall immediately implement all provisions of
this chapter to the maximum extent practicable, including investigative
and remedial actions where appropriate. The department shall adopt,
and thereafter enforce, rules under chapter 34.05 RCW to:
(a) Provide for public participation, including at least (i) public
notice of the development of investigative plans or remedial plans for
releases or threatened releases and (ii) concurrent public notice of
all compliance orders, agreed orders, enforcement orders, or notices of
violation;
(b) Establish a hazard ranking system for hazardous waste sites;
(c) Provide for requiring the reporting by an owner or operator of
releases of hazardous substances to the environment that may be a
threat to human health or the environment within ninety days of
discovery, including such exemptions from reporting as the department
deems appropriate, however this requirement shall not modify any
existing requirements provided for under other laws;
(d) Establish reasonable deadlines not to exceed ninety days for
initiating an investigation of a hazardous waste site after the
department receives notice or otherwise receives information that the
site may pose a threat to human health or the environment and other
reasonable deadlines for remedying releases or threatened releases at
the site;
(e) Publish and periodically update minimum cleanup standards for
remedial actions at least as stringent as the cleanup standards under
section 121 of the federal cleanup law, 42 U.S.C. Sec. 9621, and at
least as stringent as all applicable state and federal laws, including
health-based standards under state and federal law; and
(f) Apply industrial clean-up standards at industrial properties.
Rules adopted under this subsection shall ensure that industrial
properties cleaned up to industrial standards cannot be converted to
nonindustrial uses without approval from the department. The
department may require that a property cleaned up to industrial
standards is cleaned up to a more stringent applicable standard as a
condition of conversion to a nonindustrial use. Industrial clean-up
standards may not be applied to industrial properties where hazardous
substances remaining at the property after remedial action pose a
threat to human health or the environment in adjacent nonindustrial
areas.
(3) Before November 1st of each even-numbered year, the department
shall develop, with public notice and hearing, and submit to the ways
and means and appropriate standing environmental committees of the
senate and house of representatives a ranked list of projects and
expenditures recommended for appropriation from both the state and
local toxics control accounts. The department shall also provide the
legislature and the public each year with an accounting of the
department's activities supported by appropriations from the state
toxics control account, including a list of known hazardous waste sites
and their hazard rankings, actions taken and planned at each site, how
the department is meeting its top two management priorities under RCW
70.105.150, and all funds expended under this chapter.
(4) The department shall establish a scientific advisory board to
render advice to the department with respect to the hazard ranking
system, cleanup standards, remedial actions, deadlines for remedial
actions, monitoring, the classification of substances as hazardous
substances for purposes of RCW 70.105D.020(7) and the classification of
substances or products as hazardous substances for purposes of RCW
82.21.020(1). The board shall consist of five independent members to
serve staggered three-year terms. No members may be employees of the
department. Members shall be reimbursed for travel expenses as
provided in RCW 43.03.050 and 43.03.060.
(5) The department shall establish a program to identify potential
hazardous waste sites and to encourage persons to provide information
about hazardous waste sites.
Sec. 28 RCW 70.119A.150 and 1993 c 305 s 4 are each amended to
read as follows:
(1)(a) Except as otherwise provided in (b) of this subsection, and
subject to RCW 9A.52.070 and 9A.52.080, the secretary or his or her
designee ((shall have the right to)) may enter a premises under the
control of a public water system at reasonable times with prior
notification in order to determine compliance with laws and rules
administered by the department of health to test, inspect, or sample
features of a public water system and inspect, copy, or photograph
monitoring equipment or other features of a public water system, or
records required to be kept under laws or rules regulating public water
systems. For the purposes of this section, "premises under the control
of a public water system" does not include the premises or private
property of a customer of a public water system past the point on the
system where the service connection is made.
(b) The secretary or his or her designee need not give prior
notification to enter a premises under (a) of this subsection if the
purpose of the entry is to ensure compliance by the public water system
with a prior order of the department or if the secretary or the
secretary's designee has reasonable cause to believe the public water
system is violating the law and poses a serious threat to public health
and safety.
(2) The secretary or his or her designee may apply for an
administrative search warrant to a court official authorized to issue
a criminal search warrant. An administrative search warrant may be
issued for the purposes of inspecting or examining property, buildings,
premises, place, books, records, or other physical evidence, or
conducting tests or taking samples. The warrant shall be issued upon
probable cause. It is sufficient probable cause to show any of the
following:
(a) The inspection, examination, test, or sampling is pursuant to
a general administrative plan to determine compliance with laws or
rules administered by the department; or
(b) The secretary or his or her designee has reason to believe that
a violation of a law or rule administered by the department has
occurred, is occurring, or may occur.
(3) The local health officer or the designee of a local health
officer of a local board of health that is enforcing rules regulating
public water systems under an agreement with the department allocating
state and local responsibility is authorized to conduct investigations
and to apply for, obtain, and execute administrative search warrants
necessary to perform the local board's agreed-to responsibilities under
the same limitations and requirements imposed on the department under
this section.
Sec. 29 RCW 76.01.060 and 2000 c 11 s 1 are each amended to read
as follows:
Any authorized assistants, employees, agents, appointees or
representatives of the department of natural resources may, subject to
RCW 9A.52.070 and 9A.52.080 and in the course of their inspection and
enforcement duties as provided for in chapters 76.04, 76.06, 76.09,
76.16, and 76.36 RCW, enter upon any lands, real estate, waters or
premises except the dwelling house or appurtenant buildings in this
state whether public or private and remain thereon while performing
such duties. Similar entry by the department of natural resources may
be made for the purpose of making examinations, locations, surveys
and/or appraisals of all lands under the management and jurisdiction of
the department of natural resources; or for making examinations,
appraisals and, after five days' written notice to the landowner,
making surveys for the purpose of possible acquisition of property to
provide public access to public lands. In no event other than an
emergency such as fire fighting shall motor vehicles be used to cross
a field customarily cultivated, without prior consent of the owner.
((None of the entries herein provided for shall constitute trespass,
but)) Nothing contained herein shall limit or diminish any liability
which would otherwise exist as a result of the acts or omissions of
said department or its representatives.
Sec. 30 RCW 76.04.035 and 1986 c 100 s 4 are each amended to read
as follows:
(1) The department may appoint any of its employees as wardens, at
the times and localities as it considers the public welfare demands,
within any area of the state where there is forest land requiring
protection. The duties and authority of wardens are subject to RCW
9A.52.070 and 9A.52.080.
(2) The duties of wardens shall be:
(a) To provide forest fire prevention and protection information to
the public;
(b) To investigate discovered or reported fires on forest lands and
take appropriate action;
(c) To patrol their areas as necessary;
(d) To visit all parts of their area, and frequented places and
camps as far as possible, and warn campers or other users and visitors
of fire hazards;
(e) To see that all locomotives and all steam, internal combustion,
and other spark-emitting equipment are provided with spark arresters
and adequate devices for preventing the escape of fire or sparks in
accordance with the law;
(f) To see that operations or activities on forest land have all
required fire prevention and suppression equipment or devices as
required by law;
(g) To extinguish wildfires;
(h) To set back-fires to control fires;
(i) To summons, impress, and employ help in controlling wildfires;
(j) To see that all laws for the protection of forests are
enforced;
(k) To investigate, arrest, and initiate prosecution of all
offenders of this chapter or other chapters as allowed by law; and
(l) To perform all other duties as prescribed by law and as the
department directs.
(3) All wardens and rangers shall render reports to the department
on blanks or forms, or in the manner and at the times as may be
ordered, giving a summary of how employed, the area visited, expenses
incurred, and other information as required by the department.
(4) The department may suspend the authority of any warden who may
be incompetent or unwilling to discharge properly the duties of the
office.
(5) The department shall determine the placement of the wardens
and, upon its request to the county commissioners of any county, the
county commissioners shall designate and furnish the wardens with
suitably equipped office quarters in the county courthouse.
(6) The authority of the wardens regarding the prevention,
suppression, and control of forest fires, summoning, impressing, or
employing help, or making arrests for violations of this chapter may
extend to any part of the state.
Sec. 31 RCW 76.06.060 and 1988 c 128 s 18 are each amended to
read as follows:
If the owner or agent so notified shall fail, refuse, neglect or is
unable to comply with the requirements of said notice, within a period
of thirty days after the date thereof, it shall be the duty of the
department or its agents, using such funds as have been, or hereafter
may be, made available to proceed with the control, eradication and
destruction of such forest pests or forest tree diseases with or
without the cooperation of the owner involved in a manner approved by
the department. Any such control, eradication, or destruction is
subject to RCW 9A.52.070 and 9A.52.080.
Sec. 32 RCW 76.09.150 and 2000 c 11 s 7 are each amended to read
as follows:
(1) The department shall make inspections of forest lands, before,
during and after the conducting of forest practices as necessary for
the purpose of ensuring compliance with this chapter and the forest
practices rules and to ensure that no material damage occurs to the
natural resources of this state as a result of such practices.
(2) Any duly authorized representative of the department ((shall
have the right to)) may, subject to RCW 9A.52.070 and 9A.52.080, enter
upon forest land at any reasonable time to enforce the provisions of
this chapter and the forest practices rules.
(3) The department or the department of ecology may apply for an
administrative inspection warrant to either Thurston county superior
court, or the superior court in the county in which the property is
located. An administrative inspection warrant may be issued where:
(a) The department has attempted an inspection of forest lands
under this chapter to ensure compliance with this chapter and the
forest practices rules or to ensure that no potential or actual
material damage occurs to the natural resources of this state, and
access to all or part of the forest lands has been actually or
constructively denied; or
(b) The department has reasonable cause to believe that a violation
of this chapter or of rules adopted under this chapter is occurring or
has occurred.
(4) In connection with any watershed analysis, any review of a
pending application by an identification team appointed by the
department, any compliance studies, any effectiveness monitoring, or
other research that has been agreed to by a landowner, the department
may invite representatives of other agencies, tribes, and interest
groups to accompany a department representative and, at the landowner's
election, the landowner, on any such inspections. Reasonable efforts
shall be made by the department to notify the landowner of the persons
being invited onto the property and the purposes for which they are
being invited.
Sec. 33 RCW 76.09.160 and 1974 ex.s. c 137 s 16 are each amended
to read as follows:
Any duly authorized representative of the department of ecology
((shall have the right to))may, subject to RCW 9A.52.070 and 9A.52.080,
enter upon forest land at any reasonable time to administer the
provisions of this chapter and RCW 90.48.420.
Sec. 34 RCW 77.12.154 and 1998 c 190 s 71 are each amended to
read as follows:
The director, fish and wildlife officers, ex officio fish and
wildlife officers, and department employees may, subject to RCW
9A.52.070 and 9A.52.080, enter upon any land or waters and remain there
while performing their duties without liability for trespass.
Subject to RCW 9A.52.070 and 9A.52.080, it is lawful for aircraft
operated by the department to land and take off from the beaches or
waters of the state.
Sec. 35 RCW 77.12.315 and 2000 c 107 s 221 are each amended to
read as follows:
If the director determines that a severe problem exists in an area
of the state because deer and elk are being pursued, harassed, attacked
or killed by dogs, the director may declare by emergency rule that an
emergency exists and specify the area where it is lawful, subject to
RCW 9A.52.070 and 9A.52.080, for fish and wildlife officers to take
into custody or destroy the dogs if necessary. Fish and wildlife
officers who take into custody or destroy a dog pursuant to this
section and who are not in violation of RCW 9A.52.070 or 9A.52.080
while doing so are immune from civil or criminal liability arising from
their actions.
Sec. 36 RCW 78.04.015 and 1897 c 60 s 2 are each amended to read
as follows:
Every corporation incorporated or that may hereafter be
incorporated under the laws of this state or any state or territory of
the United States, and doing business in this state, for the purpose of
acquiring, owning or operating mines, mills or reduction works, or
mining or milling gold and silver or other minerals, which may desire
to erect and operate surface tramways or elevated cable tramways for
the purpose of carrying, conveying or transporting the products of such
mines, mills or reduction works may, subject to RCW 9A.52.070 and
9A.52.080, ((shall have the right to)) enter upon any land between the
termini of the proposed lines for the purpose of examining, locating
and surveying such lines, doing no unnecessary damage thereby.
Sec. 37 RCW 78.04.040 and 1901 c 120 s 1 are each amended to read
as follows:
Any owner of stock to the amount of one thousand shares, in any
corporation doing business under the laws of the state of Washington
for the purposes of mining, ((shall)) may, at all hours of business or
labor on or about the premises or property of such corporation, ((have
the right to)) and subject to RCW 9A.52.070 and 9A.52.080, enter upon
such property and examine the same, either on the surface or
underground. ((And it is hereby made the duty of any and all officers,
managers, agents, superintendents, or persons in charge, to allow any
such stockholder to enter upon and examine any of the property of such
corporation at any time during the hours of business or labor; and))
The presentation of certificates of stock in the corporation of the
amount of one thousand shares, to the officer or person in charge,
shall be prima facie evidence of ownership ((and right to enter upon or
into, and make examinations of the property of the corporation)).
Sec. 38 RCW 79.01.649 and 1965 c 56 s 14 are each amended to read
as follows:
Any person designated by the department of natural resources
((shall have the right at any time to)) may, subject to RCW 9A.52.070
and 9A.52.080, enter upon the lands and inspect and examine the
structures, works, and mines situated thereon, and ((shall also have
the right to)) may examine such books, records, and accounts of the
lessee as are directly connected with the determination of royalties on
the property under lease from the state but it shall be unlawful for
any person so appointed to disclose any information thus obtained to
any person other than the departmental officials and employees, except
the attorney general and prosecuting attorneys of the state.
Sec. 39 RCW 79.01.650 and 1987 c 20 s 14 are each amended to read
as follows:
The state shall have the right to sell or otherwise dispose of any
surface resource, timber, rock, gravel, sand, silt, coal, or
hydrocarbons, except minerals or materials specifically covered by a
mineral prospecting lease or mining contract, found upon the land
during the period covered by said lease or contract. The state ((shall
also have the right to)) may, subject to RCW 9A.52.070 and 9A.52.080,
enter upon such land and remove same, and shall not be obliged to
withhold from any sale any timber for prospecting or mining purposes.
The lessee shall, upon payment to the department of natural resources,
have the right to cut and use timber found on the leased premises for
mining purposes as provided in rules adopted by the department.
Sec. 40 RCW 79.01.676 and 1927 c 255 s 169 are each amended to
read as follows:
The commissioner of public lands or any person designated by him
((shall have the right at any time to)) or her may, subject to RCW
9A.52.070 and 9A.52.080, enter upon the lands and inspect and examine
the structures, works and mines situated thereon, and ((shall also have
the right to)) may examine such books, records and accounts of the
lessee as are directly connected with the operation of the mine on the
property under lease from the state; but it shall be unlawful for the
commissioner or any person so appointed to disclose any information
thus obtained to any person other than the commissioner of public lands
and his employees, except the attorney general and prosecuting
attorneys of the state.
Sec. 41 RCW 79.01.680 and 1927 c 255 s 170 are each amended to
read as follows:
The state shall have the right to sell or otherwise dispose of any
timber, stone or other valuable materials, except coal, found upon the
land during the period covered by any option contract, or lease issued
under the foregoing provisions, ((with the right to)) and may, subject
to RCW 9A.52.070 and 9A.52.080, enter upon such lands and cut and
remove the same, and shall not be obliged to withhold from sale any
timber for coal mining or prospecting purposes: PROVIDED, That the
lessee shall be permitted to use in his mining operations any timber
found upon the land, first paying therefor to the commissioner of
public lands the value thereof as fixed by said commissioner: AND
PROVIDED FURTHER, That any bill of sale for the removal of timber,
stone or other material given subsequent to the coal lease shall
contain provisions preventing any interference with the operations of
the coal lease.
Sec. 42 RCW 80.32.070 and 1961 c 14 s 80.32.070 are each amended
to read as follows:
Every such corporation ((shall have the right to)) may, subject to
RCW 9A.52.070 and 9A.52.080, enter upon any land between the termini of
the proposed lines for the purpose of examining, locating and surveying
such lines, doing no unnecessary damage thereby.
Sec. 43 RCW 80.36.020 and 1985 c 450 s 16 are each amended to
read as follows:
Every corporation incorporated under the laws of this state or any
state or territory of the United States for the purpose of
constructing, operating or maintaining any telecommunications line in
this state ((shall have the right to)) may, subject to RCW 9A.52.070
and 9A.52.080, enter upon any land between the termini of its proposed
telecommunications lines for the purpose of examining, locating and
surveying the telecommunications line, doing no unnecessary damage
thereby.
Sec. 44 RCW 80.36.030 and 1985 c 450 s 17 are each amended to
read as follows:
Such telecommunications company may appropriate so much land as may
be actually necessary for its telecommunications line, ((with the right
to)) and may, subject to RCW 9A.52.070 and 9A.52.080, enter upon lands
immediately adjacent thereto, for the purpose of constructing,
maintaining and operating its line and making all necessary repair.
Such telecommunications company may also, for the purpose aforesaid and
subject to RCW 9A.52.070 and 9A.52.080, enter upon and appropriate such
portion of the right-of-way of any railroad company as may be necessary
for the construction, maintenance and operation of its
telecommunications line: PROVIDED, That such appropriation shall not
obstruct such railroad of the travel thereupon, nor interfere with the
operation of such railroad.
Sec. 45 RCW 81.36.020 and 1961 c 14 s 81.36.020 are each amended
to read as follows:
A corporation organized for the construction of any railway,
macadamized road, plank road, clay road, canal or bridge may, subject
to RCW 9A.52.070 and 9A.52.080, ((shall have a right to)) enter upon
any land, real estate or premises, or any of the lands granted to the
state of Washington for school, university or other purposes, between
the termini thereof, for the purpose of examining, locating and
surveying the line of such road or canal, or the site of such bridge,
doing no unnecessary damage thereby.
Sec. 46 RCW 81.64.050 and 1961 c 14 s 81.64.050 are each amended
to read as follows:
Every such corporation ((shall have the right to)) may, subject to
RCW 9A.52.070 and 9A.52.080, enter upon any land between the termini of
the proposed lines for the purpose of examining, locating and surveying
such lines, doing no unnecessary damage thereby.
Sec. 47 RCW 86.09.226 and 1937 c 72 s 76 are each amended to read
as follows:
The district board and its agents and employees ((shall have the
right to)) may, subject to RCW 9A.52.070 and 9A.52.080, enter upon any
land, to make surveys and may locate the necessary flood control works
and the line for canal or canals, dike or dikes and other
instrumentalities and the necessary branches and parts for the same on
any lands which may be deemed necessary for such location.
Sec. 48 RCW 87.03.140 and 1921 c 129 s 6 are each amended to read
as follows:
The board, and its agents and employees, ((shall have the right
to)) may, subject to RCW 9A.52.070 and 9A.52.080, enter upon any land
to make surveys, and may locate the necessary irrigation or drainage
works, power plants, power sites or power lines and the line for any
canal or canals, and the necessary branches of laterals for the same,
on any lands which may be deemed best for such location. Said board
shall also have the power to acquire, either by purchase or
condemnation, or other legal means, all lands, waters, water rights,
and other property necessary for the construction, use, supply,
maintenance, repair and improvements of said canal or canals and
irrigation and drainage works, including canals and works constructed
or being constructed by private owners, or any other person, lands for
reservoirs for the storage of needful waters and all necessary
appurtenances. The board may also construct the necessary dams,
reservoirs and works for the collection of water for the said district,
and may enter into contracts for a water supply to be delivered to the
canals and works of the district, and do any and every lawful act
necessary to be done in order to carry out the purposes of this act;
and in carrying out the aforesaid purposes the bonds of the district
may be used by the board, at not less than ninety percent of their par
value in payment. The board may enter into any obligation or contract
with the United States or with the state of Washington for the
supervision of the construction, for the construction, reconstruction,
betterment, extension, sale or purchase, or operation and maintenance
of the necessary works for the delivery and distribution of water
therefrom under the provisions of the state reclamation act, or under
the provisions of the federal reclamation act, and all amendments or
extensions thereof, and the rules and regulations established
thereunder, or it may contract with the United States for a water
supply or for reclamation purposes in general under any act of congress
which, for the purposes of this act, shall be deemed to include any act
of congress for reclamation purposes heretofore or hereafter enacted
providing for and permitting such contract, or for the collection of
money due or to become due to the United States, or for the assumption
of the control and management of the works; and in case contract has
been or may hereafter be made with the United States, as herein
provided, bonds of the district may be deposited with the United States
as payment or as security for future payment at not less than ninety
percent of their par value, the interest on said bonds to be provided
for by assessment and levy as in the case of other bonds of the
district, and regularly paid to the United States to be applied as
provided in such contract, and if bonds of the district are not so
deposited, it shall be the duty of the board of directors to include as
part of any levy or assessment provided in RCW 87.03.260 an amount
sufficient to meet each year all payments accruing under the terms of
any such contract. The board may accept on behalf of the district
appointment of the district as fiscal agent of the United States or the
state of Washington or other authorization of the district by the
United States or the state of Washington to make collections of money
for or on behalf of the United States or the state of Washington in
connection with any federal or other reclamation project, whereupon the
district, and the county treasurer for the district, shall be
authorized to so act and to assume the duties and liability incident to
such action, and the said board shall have full power to do any and all
things required by the federal statutes now or hereafter enacted in
connection therewith, and all things required by the rules and
regulations now or that may hereafter be established by any department
of the federal government in regard thereto.
The use of all water required for the irrigation of the lands
within any district, together with rights-of-way for canals, laterals,
ditches, sites for reservoirs, power plants, sites, and lines, and all
other property required in fully carrying out the purposes of the
organization of the district is hereby declared to be a public use; and
in condemnation proceedings to acquire any property or property rights
for the use of the district, the board of directors shall proceed in
the name of the district, in the manner provided in this state in cases
of appropriation of lands, real estate and other property by private
corporations: PROVIDED, That the irrigation district, at its option,
pursuant to resolution to that end duly passed by its board of
directors may unite in a single action proceedings for the acquisition
and condemnation of different tracts of land needed by it for rights-of-way for canals, laterals, power plants, sites, and lines and other
irrigation works which are held by separate owners. And the court may,
on the motion of any party, consolidate into a single action separate
suits for the condemnation of rights-of-way for such irrigation works
whenever from motives of economy or the expediting of business it
appears desirable so to do: PROVIDED FURTHER, That there shall be a
separate finding of the court or jury as to each tract held in separate
ownership.
In any condemnation proceeding brought under the provisions of this
act to acquire canals, laterals and ditches and rights-of-way therefor,
sites, reservoirs, power plants and pumping plants and sites therefor,
power canals, transmission lines, electrical equipment and any other
property, and if the owner or owners thereof or their predecessors
shall have issued contracts or deeds agreeing to deliver to the holders
of said contracts or deeds water for irrigation purposes, or
authorizing the holders thereof to take or receive water for irrigation
purposes from any portion of said property or works, and if the
delivery of said water or the right to take or receive the same shall
in any manner constitute a charge upon, or a right in the property and
works sought to be acquired, or any portion thereof, the district shall
be authorized to institute and maintain said condemnation proceedings
for the purpose of acquiring said property and works, and the interest
of the owners therein subject to the rights of the holders of such
contracts or deeds, and the court or jury making the award shall
determine and award to such owner or owners the value of the interest
to be so appropriated in said condemnation proceedings.
Sec. 49 RCW 89.30.211 and 1933 c 149 s 11 are each amended to
read as follows:
The reclamation district board and its agents and employees ((shall
have the right to)) may, subject to RCW 9A.52.070 and 9A.52.080, enter
upon any land, to make surveys and may locate the necessary irrigation
works and the line for canal or canals and the necessary branches for
the same or for necessary transmission power lines on any lands which
may be deemed necessary for such location.
Sec. 50 RCW 90.16.040 and 1901 c 143 s 2 are each amended to read
as follows:
Every corporation that is now or that may hereafter be incorporated
under the laws of this state, or of any other state or territory of the
United States and doing business in this state, for the purpose of
conveying water by ditches, flumes, pipe lines, tunnels or any other
means for the utilization of water power, ((shall have the right to))
may, subject to RCW 9A.52.070 and 9A.52.080, enter upon any land
between the termini of the proposed ditches, flumes, pipe lines,
tunnels or any other means for the utilization of water power, for the
purpose of examining, locating and surveying such ditches, flumes, pipe
lines, tunnels or any other means for the utilization of water power,
doing no unnecessary damage thereby.
Sec. 51 RCW 90.48.090 and 1994 c 232 s 21 are each amended to
read as follows:
The department or its duly appointed agent ((shall have the right
to)) may, subject to RCW 9A.52.070 and 9A.52.080, enter at all
reasonable times in or upon any property, public or private, for the
purpose of inspecting and investigating conditions relating to the
pollution of or the possible pollution of any of the waters of this
state.
The department shall have special inspection requirements for
metals mining and milling operations regulated under chapter 232, Laws
of 1994. The department shall inspect these mining and milling
operations at least quarterly in order to ensure compliance with the
intent and any permit issued pursuant to this chapter. The department
shall conduct additional inspections as needed during the construction
phase of these mining operations in order to ensure compliance with
this chapter.