AN ACT Relating to contaminated residences; adding a new chapter to Title 64 RCW; prescribing penalties; 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 passed a health board inspection is not "contaminated;"

(2) "Dangerous chemicals" means any substance that is an immediate or potential 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 health board of officer authorized under chapter 43.20 or 70.05 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, and manufactured homes.

NEW SECTION. Sec. 3. The sale or rental of a contaminated residence is prohibited. In addition to civil damages available to the purchaser or renter, including but not limited to recision, the seller, landlord, and agents of the seller or landlord who knowingly participated in the sale or rental of a contaminated residence shall be guilty of a class C felony.

NEW SECTION. Sec. 4. 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 an inspection to be done on the residence within two weeks of receiving the notice of probable contamination.

NEW SECTION. Sec. 5. 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 limiting or 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 of 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 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 repair 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. 6. (1) If the owner 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 appeal, fails to comply with the order to correct the contamination, the board or officer may direct or cause such residence be repaired or demolished. The board or officer may extend the date by which the repairs must be made for good cause. The amount of the cost of such repairs or demolition by the board or officer shall be assessed against the real property upon which such cost was incurred unless such amount is previously paid, and shall become part of the general taxes for that year, and when collected to be deposited to the credit of the general fund of the municipality. This assessment shall constitute a lien against the property of equal rank with state, county, and municipal taxes.

(2) Any person affected by the original order issued by the board or officer pursuant to section 5 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. 7. Upon notification of completion of the repairs to correct the contamination, the board or officer shall conduct an inspection to determine whether the residence is still contaminated. If the inspector finds that the residence is no longer contaminated, the board or officer shall issue a certificate of reoccupancy, allowing the residence to be occupied and sold or rented. A notice shall be recorded in the real property records indicating that the residence may be occupied.

NEW SECTION. Sec. 8. The state board of health shall promulgate rules and standards for determining when a residence is contaminated, and for carrying out the provisions in this chapter. The board and officer are authorized to exercise such powers as may be necessary to carry out this chapter.

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. 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. 11. Sections 1 through 10 of this act shall constitute a new chapter in Title 64 RCW.

NEW SECTION. Sec. 12. 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.