H-351                _______________________________________________

                                                   HOUSE BILL NO. 1130

                        _______________________________________________

State of Washington                               51st Legislature                              1989 Regular Session

By Representatives Wineberry, Appelwick, R. Meyers, Locke, Phillips, Anderson, Jacobsen, Nelson, Todd, Dellwo, Crane, Belcher, Wang, H. Sommers, Rector, O'Brien, Winsley, P. King, Brumsickle and May

Read first time 1/16/89 and referred to Committee on Local Government.

AN ACT Relating to neighborhood blight; and adding a new chapter to Title 35 RCW.

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

NEW SECTION. Sec. 1.     Every county, city, and town is authorized and empowered to acquire by condemnation, in accordance with the notice requirements and other procedures for condemnation provided in Title 8 RCW, any property, dwelling, building, or structure which constitutes a blight on the surrounding neighborhood.  A "blight on the surrounding neighborhood" is any property, dwelling, building, or structure that has not been lawfully occupied for a period of one year or more and which:  (1) Does not comply with local fire, building, housing, zoning, or other health and safety codes; (2) contains an accumulation of debris, litter, or other material that is conducive to ill health or endangers life or property as determined by the county health department in the applicable county; (3) is or has been associated with illegal drug activity or other crimes during the previous twelve months; or (4) otherwise constitutes a threat to the public health, safety, or welfare as determined by the county health department in the applicable county.  Prior to such condemnation, the local governing body shall adopt a resolution declaring that the acquisition of the real property described therein is necessary to eliminate neighborhood blight.  Condemnation of property, dwellings, buildings, and structures for the purposes described in this chapter is declared to be for a public use.

NEW SECTION. Sec. 2.     Counties, cities, and towns may sell, lease, or otherwise transfer real property acquired pursuant to this chapter for residential, recreational, commercial, industrial, or other uses or for public use, subject to such covenants, conditions, and restrictions, including covenants running with the land, as the county, city, or town deems to be necessary or desirable to rehabilitate and preserve the dwelling, building, or structure in a habitable condition.  The purchasers or lessees and their successors and assigns shall be obligated to comply with such other requirements as the county, city, or town may determine to be in the public interest, including the obligation to begin, within a reasonable time, any improvements on such property required to make the dwelling, building, or structure habitable.  Such real property or interest shall be sold, leased, or otherwise transferred, at not less than its fair market value.  In determining the fair market value of real property for uses in accordance with this section, a municipality shall take into account and give consideration to, the restrictions upon and the covenants, conditions, and obligations assumed by the purchaser or lessee.

NEW SECTION. Sec. 3.     A county, city, or town may dispose of real property acquired pursuant to this section to private persons only under such reasonable, competitive procedures as it shall prescribe.  The county, city, or town may accept such proposals as it deems to be in the public interest and in furtherance of the purposes of this chapter.  Thereafter, the county, city, or town may execute and deliver contracts, deeds, leases, and other instruments of transfer.

NEW SECTION. Sec. 4.     Every county, city, or town shall have 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 herein:  (1) To 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) 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, a 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 herewith.

NEW SECTION. Sec. 5.     Sections 1 through 4 of this act shall constitute a new chapter in Title 35 RCW.