AN ACT Relating to contaminated residences; adding a new chapter to Title 64 RCW; prescribing penalties; making an appropriation; and declaring an emergency.

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

NEW SECTION. Sec. 1. The legislature finds that some residences are being contaminated by dangerous chemicals used in unsafe or illegal ways. One example is the manufacture of illegal drugs in residences. Innocent members of the public may be harmed by these contaminated residences when the residences are subsequently rented or sold.

NEW SECTION. Sec. 2. The words and phrases defined in this section shall have the following meanings when used in this chapter unless the context clearly indicates otherwise:

(1) "Contaminated" or "contamination" means polluted by dangerous chemicals so that the residence is unfit for human habitation due to immediate or cumulative hazards. A residence that at one time was contaminated but has been satisfactorily decontaminated according to procedures established by the state board of health is not "contaminated;"

(2) "Dangerous chemicals" means any substance that is an immediate or long-term cumulative hazard to human health that is not normally found at residences, especially chemicals and precursors used to manufacture illegal drugs;

(3) "Board or officer" means a local health board or a local health officer authorized under chapters 70.05, 70.08, and 70.46 RCW; and

(4) "Residence" means a structure or part of a structure which is used by one person, or two or more persons maintaining a common household, as a dwelling. This includes but is not limited to single family residences, units of multiplexes, condominiums, apartment buildings, boats, and manufactured homes.

NEW SECTION. Sec. 3. Whenever a state or local governmental agency, including but not limited to the police or sheriff, becomes aware of the probability that a residence has been contaminated by dangerous or hazardous chemicals or substances, that agency shall report the probable contamination to the board or officer. The board or officer shall cause a posting of a notice on the premises immediately upon being notified of the probable contamination and shall cause an inspection to be done on the residence within two weeks of receiving the notice of probable contamination.

NEW SECTION. Sec. 4. If after the inspection of the residence, the board or officer finds that it is contaminated, the board or officer shall cause to be served either personally or by certified mail, with return receipt requested, upon all persons having any interest therein as shown upon the records of the auditor's office of the county in which such property is located, and shall post in a conspicuous place at the residence, an order prohibiting occupancy and requiring the contamination be corrected by a specified date. If the whereabouts of such persons is unknown and the same cannot be ascertained by the board or officer in the exercise of reasonable diligence, and the board or officer makes an affidavit to that effect, then the serving of the order upon such persons may be made either by personal service or by mailing a copy of the order by certified mail, postage prepaid, return receipt requested, to each person at the address appearing on the last equalized tax assessment roll of the county where the property is located or at the address known to the county assessor, and the order shall be posted conspicuously at the residence. A copy of the order shall also be mailed, addressed to each person or party having a recorded right, title, estate, lien, or interest in the property. Such order shall contain a notice that a hearing before the board or officer shall be held upon the request of a person required to be notified of the order under this section. The request for a hearing must be made within ten days of serving the order. The hearing shall then be held within not less than twenty days nor more than thirty days after the serving of said order. If a hearing is requested, the order to decontaminate is tolled until the conclusion of the hearing. The board or officer shall prohibit occupancy as long as the residence is found to be contaminated. A copy of the order shall also be filed with the auditor of the county in which the dwelling, building, or structure is located, and such filing of the complaint or order shall have the same force and effect as other lis pendens notices provided by law.

NEW SECTION. Sec. 5. (1) If the owner, who is responsible for decontaminating the residence, or party in interest does not request a hearing, or requests a hearing and loses at the hearing, and, following exhaustion of his or her rights to an administrative appeal, fails to comply with the order to correct the contamination, the board or officer may direct or cause such residence be decontaminated or demolished. The board or officer may extend the date by which the decontamination procedures must be completed for good cause. The costs of the local board or officer that can be directly allocated to the property, including the legal fees, title search fees, and recording fees, plus two times the cost of demolition or decontamination, shall be assessed against the real property or personal property upon which such cost was incurred unless such amount is previously paid, and shall become a lien against the property for the benefit of the local health jurisdiction.

(2) Any person affected by the original order issued by the board or officer pursuant to section 4 of this act may, within ten days after the posting and service of the order, petition to the superior court for an injunction restraining the public officer or the board from carrying out the provisions of the order. In all such proceedings the court is authorized to affirm, reverse, or modify the order and such trial shall be heard de novo.

NEW SECTION. Sec. 6. Upon notification of completion of the decontamination procedures, the board or officer shall conduct an inspection to determine whether the residence is still contaminated. If the inspector finds that the residence has been decontaminated, the board or officer shall allow reoccupancy. A notice shall be recorded in the real property records indicating that the residence has been decontaminated.

NEW SECTION. Sec. 7. The state board of health shall promulgate rules and standards for carrying out the provisions in this chapter. The local board and the local health officer are authorized to exercise such powers as may be necessary to carry out this chapter.

NEW SECTION. Sec. 8. Members of the state board of health and local boards of health, local health officers, and employees of the department of social and health services (or its successor the state health department) and local health departments are immune from civil liability arising out of the performance of their duties under this chapter, unless such performance constitutes gross negligence.

NEW SECTION. Sec. 9. This chapter shall not limit state or local government authority to act under any other statute, including chapter 35.80 or 7.48 RCW.

NEW SECTION. Sec. 10. There is appropriated fifty thousand dollars, or as much thereof as may be necessary, from the general fund for the biennium ending June 30, 1991, to the department of social and health services (or its successor the state health department) to provide training and technical assistance to local boards and officers to carry out their duties under this act.

NEW SECTION. Sec. 11. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION. Sec. 12. Sections 1 through 9 of this act shall constitute a new chapter in Title 64 RCW.

NEW SECTION. Sec. 13. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately.