S-3826               _______________________________________________

                                                   SENATE BILL NO. 6292

                        _______________________________________________

State of Washington                               51st Legislature                              1990 Regular Session

By Senators Hansen and Rasmussen

Read first time 1/10/90 and referred to Committee on  Agriculture.

AN ACT Relating to the control of mosquitos; amending RCW 17.28.010; adding new sections to chapter 17.28 RCW; and declaring an emergency.

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

        Sec. 1.  Section 1, chapter 153, Laws of 1957 and RCW 17.28.010 are each amended to read as follows:

          When used in this chapter, the following terms, words or phrases shall have the following meaning:

          (1) "District" means any mosquito control district formed pursuant to this chapter.

          (2) "Board" or "district board" means the board of trustees governing the district.

          (3) "County commissioners" means the governing body of the county.

          (4) "Unit" means all unincorporated territory in a proposed district in one county, regarded as an entity, or each city in a proposed district, likewise regarded as an entity.

          (5) "Territory" means any city or county or portion of either or both city or county having a population of not less than one hundred persons.

          (6) "Person" means any individual, firm, partnership, corporation, company, association, or joint stock association, and the legal successor thereof.

(7) "Owner" means the person in actual control of property, or an agent, whether such control is based on legal or equitable title or on any other interest entitling the owner to possession or management control.

NEW SECTION. Sec. 2.     A board established pursuant to RCW 17.28.110 may adopt, by resolution, a policy declaring that the control of mosquitos within the district is the responsibility of the owner of the land from which the mosquitos originate.  To protect the public health or welfare, the board may, in accordance with policies and standards established by the board following a public hearing, adopt a regulation requiring owners of land within the district to perform such acts as may be necessary to control mosquitos.

NEW SECTION. Sec. 3.     (1) Whenever the board finds that the owner has not taken prompt and sufficient action to comply with regulations adopted pursuant to section 2 of this act to control mosquitos originating from the owner's land, the board shall notify the owner that a violation of this chapter exists.  The notice shall be in writing and sent by certified mail, or served by personal service.  The notice shall provide a reasonable time period for action to be taken to control mosquitos.  If the board deems that a public nuisance or threat to public health or welfare caused by the mosquito infestation is sufficiently severe, it may require immediate control action to be taken within forty-eight hours following the time that notification is reasonably expected to have been received by the owner or agent by certified mail or personal service.

          (2) If the owner does not take sufficient action to control mosquitos in accordance with the notice, the board may control them, or cause their being controlled, at the expense of the owner.  The amount of such expense shall constitute a lien against the property and may be enforced by proceedings on such lien.  The owner shall be liable for payment of the expenses, and nothing in this chapter shall be construed to prevent collection of any judgment on account thereof by any means available pursuant to law, in substitution for enforcement of the lien.  Necessary costs and expenses, including reasonable attorneys' fees, incurred by the board in carrying out this section, may be recovered at the same time, as a part of the action filed under this section.  The venue in proceedings for reimbursement of expenses brought pursuant to this section, including those involving governmental entities, shall be the county in which the real property that is the subject of the action is situated.

NEW SECTION. Sec. 4.     Sections 2 and 3 of this act are each added to chapter 17.28 RCW.

NEW SECTION. Sec. 5.     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.