H-202                _______________________________________________

 

                                                   HOUSE BILL NO. 1214

                        _______________________________________________

 

State of Washington                               51st Legislature                              1989 Regular Session

 

By Representatives Appelwick, Locke, Patrick, O'Brien and Ferguson

 

 

Read first time 1/18/89 and referred to Committee on Judiciary.

 

 


AN ACT Relating to the collection of costs incurred by public officials to abate a public nuisance; and amending RCW 7.48.280 and 9.66.040.

 

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

 

        Sec. 1.  Section 18, page 82, Laws of 1875 as amended by section 1252, Code of 1881 and RCW 7.48.280 are each amended to read as follows:

          In all cases where the court has issued a warrant ordering that a nuisance be abated and where the defendant has failed to obtain a stay of the warrant pursuant to RCW 7.48.270, the expense of abating ((a)) the nuisance, by virtue of ((a)) the warrant, can be collected by the officer in the same manner as damages and costs are collected on execution, except that the materials of any buildings, fences, or other things that may be removed as a nuisance, may be first levied upon and sold by the officer, and if any of the proceeds remain after satisfying the expense of the removal, such balance must be paid by the officer to the defendant or to the owner of the property levied upon, and if ((said)) the proceeds are not sufficient to pay such expenses, the officer must collect the residue thereof as provided in this section.  In cases involving real property found within the city limits of a municipality with a population exceeding four hundred thousand inhabitants, where the owner of the real property on which a nuisance arose is adjudged guilty of a nuisance, or where the court has obtained jurisdiction over the real property on which the nuisance arose, the expenses of abating the nuisance shall be assessed against the real property upon which the nuisance arose unless the amount is previously paid by the defendant or owner.  Upon certification to the county treasurer after approval by the city council of the municipality of the assessment amount being due and owing, such certification to be in the form of a resolution adopted by the city council, the county treasurer shall enter the amount of the assessment upon the tax rolls against the property for the current year.  The assessment 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 for delinquent taxes.  When collected it shall be deposited to the credit of the general fund of the municipality.  The abatement assessment constitutes a lien against the property of equal rank with state, county, and municipal taxes.

 

        Sec. 2.  Sections 10, 11, page 80, Laws of 1875 as last amended by section 140, chapter 202, Laws of 1987 and RCW 9.66.040 are each amended to read as follows:

          Any court or magistrate before whom there may be pending any proceeding for a violation of RCW 9.66.030, shall, in addition to any fine or other punishment which it may impose for such violation, order such nuisance abated, and all property unlawfully used in the maintenance thereof destroyed by the sheriff at the cost of the defendant:  PROVIDED, That if the conviction was had in a district court, the district judge shall not issue the order and warrant of abatement, but on application therefor, shall transfer the cause to the superior court which shall proceed to try the issue of abatement in the same manner as if the action had been originally commenced therein.  All costs of the abatement and destruction by the sheriff may be recovered in the manner or manners provided in RCW 7.48.280.