HB 1367 -
By Representative Takko
ADOPTED 02/13/2014
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1 A new section is added to chapter 35.21 RCW
to read as follows:
(1) A city or town that exercises its authority under chapter 7.48
RCW, RCW 35.22.280, 35.23.440, or 35.27.410, or other applicable law to
abate a nuisance must provide prior notice to the property owner that
abatement is pending and a special assessment may be levied on the
property for the expense of abatement. The notice must be sent by
regular mail.
(2) A city or town that exercises its authority under chapter 7.48
RCW, RCW 35.22.280, 35.23.440, or 35.27.410, or other applicable law to
declare a nuisance, abate a nuisance, or impose fines or costs upon
persons who create, continue, or maintain a nuisance may levy a special
assessment on the land or premises where the nuisance is situated to
reimburse the city or town for the expense of abatement. A city or
town must, before levying a special assessment, notify the property
owner and any identifiable mortgage holder that a special assessment
will be levied on the property and the amount of the special
assessment. The notice must be sent by regular mail.
(3) The special assessment authorized by this section constitutes
a lien against the property and is of equal rank with state, county,
and municipal taxes.
NEW SECTION. Sec. 2 A new section is added to chapter 35A.21 RCW
to read as follows:
(1) A city that exercises its authority under chapter 7.48 RCW or
other applicable law to abate a nuisance must provide prior notice to
the property owner that abatement is pending and a special assessment
may be levied on the property for the expense of abatement. The notice
must be sent by regular mail.
(2) A city that exercises its authority under chapter 7.48 RCW or
other applicable law to declare a nuisance, abate a nuisance, or impose
fines or costs upon persons who create, continue, or maintain a
nuisance may levy a special assessment on the land or premises where
the nuisance is situated to reimburse the city for the expense of
abatement. A city must, before levying a special assessment, notify
the property owner and any identifiable mortgage holder that a special
assessment will be levied on the property and the amount of the special
assessment. The notice must be sent by regular mail.
(3) The special assessment authorized by this section constitutes
a lien against the property and is of equal rank with state, county,
and municipal taxes."
Correct the title.
EFFECT: (1) Creates a requirement that all cities or towns must
provide notice: (a) Before abating a nuisance, to a property owner
that an abatement is pending and a special assessment may be levied on
the property; and (b) before levying a special assessment, to the
property owner and any identifiable mortgage holder that a special
assessment will be levied on the property and the amount of the special
assessment.
(2) Removes provisions in the underlying bill that grant new
authority to cities and towns to declare a nuisance, abate a nuisance,
or impose fines or costs upon persons who create, continue, or maintain
a nuisance, and instead notes that cities and towns have such powers
under existing statute and other applicable law.
(3) Specifies that cities and towns exercising existing powers,
rather than new powers, related to nuisance and abatement are being
granted authority to levy a special assessment for the expenses of
abatement.
(4) Specifies that the special assessment is only to reimburse the
city or town for the expense of abatement and not also to defray costs.