SENATE BILL REPORT

SB 6409

BYSenators Zimmerman, Niemi and Garrett

Facilitating collection of costs incurred by public officials in abating a public nuisance.

Senate Committee on Governmental Operations

Senate Hearing Date(s):February 1, 1988

Senate Staff:Desley Brooks (786-7443); Sam Thompson (786-7754)

AS OF JANUARY 29, 1988

BACKGROUND:

The judicial remedy available for collecting the cost of abating a public nuisance where the property owner fails to pay is a judgment lien against the property.  Cities are unable to recover these liens because of collection expenses.  Currently, property owners are not required to clear a judgment lien unless they are actively attempting to sell their property.  Judgment liens are enforceable for 10 years.

It has been suggested that public funds expended to abate public nuisances should be collected as an assessment against the property in which the nuisance arose.  If a property owner fails to pay an assessment within 3 years, the assessment may be collected in a foreclosure action.

SUMMARY:

The procedure for collecting expenses incurred by public officials in abating public nuisances is altered to allow an assessment against the real property in which the nuisance arose.  The County Treasurer will enter the amount of the assessment upon the tax falls against the property for the current year.  The assessment constitutes a lien equal in rank with state, county, and municipal taxes.

Appropriation:    none

Revenue:    none

Fiscal Note:      none requested