H-202 _______________________________________________
HOUSE BILL NO. 1214
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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.