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ENGROSSED HOUSE BILL 1367
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State of Washington63rd Legislature2014 Regular Session

By Representatives Kirby, Jinkins, Crouse, Green, Fey, Sawyer, Kochmar, Fitzgibbon, and Pollet

Read first time 01/24/13.   Referred to Committee on Local Government.



     AN ACT Relating to assessments for nuisance abatement in cities and towns; adding a new section to chapter 35.21 RCW; and adding a new section to chapter 35A.21 RCW.

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

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.

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