Today’s poll is tough for me to decide. Property owners and all citizens are obviously not the commissioners first priority. I find it hard to comprehend how they separate themselves from the reality of what they promote. They say they are hindered from doing what is right by state law and yet refuse to enforce vagrancy and drug laws they have. They don’t have a problem going after people who contribute positively to our community, piling more fees, more taxes, and more restrictions on property owners.
I think we, who obey the law, should be able to ask for assistance in enforcing our existing laws. How can we trust our elected representatives if they overlook, and fail to enforce, our laws? For whom are our officials acting and protecting? We either have law or not.
I drive by that ridiculous eyesore in Sequim routinely and it's interesting to get the backstory because I have noticed the changes going on, notably more activity in the last year ir so. Of interesting note, the trailer that showed up dumped at the Sequim Prairie grange came from this property.
There's one tool that I would ask Sheriff King about, and that is using nuisance abatement to shut that operation down. It requires more than just the Sheriff's office so all critical departments, especially legal, need to be in sync.
In Washington State, nuisance abatement is the legal process used to stop or remove a "nuisance"—defined broadly as any activity or condition that "annoys, injures or endangers the comfort, repose, health or safety of others" (RCW 7.48.120).
The process can be initiated by local governments (cities or counties) or, in specific cases, by private individuals. Here is how the process generally works:
1. Types of Nuisances
* Public Nuisance: Affects an entire community or neighborhood (e.g., a "crack house," illegal dumping, or a dilapidated building).
* Private Nuisance: Specifically harms an individual's use or enjoyment of their own land (e.g., a neighbor’s intrusive noise or light).
* Chronic Nuisance: Many cities (like Seattle) have "Chronic Nuisance" ordinances for properties with repeated criminal activity (e.g., 3+ incidents in 60 days).
2. The Abatement Process
While specific steps vary by city (e.g., Tacoma vs. Spokane), the standard legal progression follows this path:
* Complaint & Investigation: A neighbor or official reports a violation. Code enforcement officers or police inspect the property to confirm the nuisance.
* Notice and Demand: The owner is sent a formal "Notice to Abate." This letter identifies the problem and gives a deadline (often 15–30 days) to fix it.
* Voluntary Compliance: Most jurisdictions prefer a "Voluntary Compliance Agreement" where the owner agrees to a timeline to clean up the property.
* Hearing & Order: If the owner fails to act, the city may hold a hearing (often before a Hearing Examiner). If the city wins, they obtain a Warrant of Abatement.
* Physical Abatement: If the owner still refuses, the city can legally enter the property, remove the junk, board up the building, or even demolish it.
3. Costs and Liens
Abatement is not free. Washington law (RCW 35A.21.405) allows local governments to recover their costs:
* Special Assessments: The city can charge the property owner for the cost of the cleanup, labor, and legal fees.
* Tax Liens: If the owner doesn't pay, the cost becomes a lien against the property. This lien is often "equal rank" with municipal taxes, meaning it must be paid before the property can be sold or refinanced.
4. Private Rights to Abate
Under RCW 7.48.230, a private person can "abate" a public nuisance if it is "specially injurious" to them. However, this is legally risky; you must do so "without committing a breach of the peace" and without doing "unnecessary injury." Most legal experts advise filing a civil lawsuit for an injunction rather than taking physical action yourself.
.
.
In Washington State, the death of a homeowner does not stop a nuisance abatement action. Because a nuisance is legally tied to the property itself (an "in rem" action) rather than just the person, the city or county can continue the process even if the owner is deceased.
Here is how the law handles a deceased owner in a nuisance case:
1. Successive Liability (RCW 7.48.170)
Under Washington law, the responsibility to fix a nuisance "runs with the land." RCW 7.48.170 specifically states that every successive owner of a property who neglects to abate a continuing nuisance created by a former owner is liable in the same way as the person who first created it.
* The Estate: If the property is in probate, the Estate becomes the "owner." The city will serve notice to the Personal Representative (Executor) of the estate.
* The Heirs: If the property has already passed to heirs (even if the deed hasn't been officially updated yet), those heirs are now the responsible parties.
2. Notice Requirements
The city must still provide "Due Process." If the owner is dead, code enforcement will typically:
* Search for a Personal Representative or an administrator of the estate.
* Notify any identifiable mortgage holders (banks often step in to fix nuisances to protect their collateral).
* Post the notice physically on the property and publish it in local newspapers if heirs cannot be found.
3. The "Cost-Recovery" Lien
This is the most critical part for heirs or estates. If the city has to step in and clean up the property themselves:
* The Bill: They will send the bill to the estate.
* The Lien: If the estate doesn't pay, the city attaches a Super Lien to the property.
* Priority: Under RCW 35.21.955, up to $2,000 of that lien is of "equal rank" with state and county taxes. This means it often gets paid before other creditors or heirs get their share of the property's value when it is eventually sold.
4. Special Case: Abandoned/Blighted Property
If a property is vacant because the owner died and no heirs have stepped forward, the city can use RCW 35.80 (Unfit Dwellings). This allows them to declare the building "unfit for human habitation." They can then:
* Order it repaired or demolished.
* If no one responds, the city performs the demolition.
* The city then sells the land or the materials to recoup their costs.
Summary for your situation
If you are an heir or neighbor dealing with this:
* If you are an heir: You should contact the city immediately. It is much cheaper to clean the property yourself than to let the city do it and charge you their administrative rates, which are often significantly higher.
* If you are a neighbor: You can still report the property. The city will go through the "Notice to Abate" process by looking for the next of kin or the estate's legal representative.
Today’s poll is tough for me to decide. Property owners and all citizens are obviously not the commissioners first priority. I find it hard to comprehend how they separate themselves from the reality of what they promote. They say they are hindered from doing what is right by state law and yet refuse to enforce vagrancy and drug laws they have. They don’t have a problem going after people who contribute positively to our community, piling more fees, more taxes, and more restrictions on property owners.
I agree. How can we fix a problem when our elected officials refuse to act on behalf of their constituents? Where is our representation?
Answered in my lengthy post.
I think we, who obey the law, should be able to ask for assistance in enforcing our existing laws. How can we trust our elected representatives if they overlook, and fail to enforce, our laws? For whom are our officials acting and protecting? We either have law or not.
I drive by that ridiculous eyesore in Sequim routinely and it's interesting to get the backstory because I have noticed the changes going on, notably more activity in the last year ir so. Of interesting note, the trailer that showed up dumped at the Sequim Prairie grange came from this property.
There's one tool that I would ask Sheriff King about, and that is using nuisance abatement to shut that operation down. It requires more than just the Sheriff's office so all critical departments, especially legal, need to be in sync.
In Washington State, nuisance abatement is the legal process used to stop or remove a "nuisance"—defined broadly as any activity or condition that "annoys, injures or endangers the comfort, repose, health or safety of others" (RCW 7.48.120).
The process can be initiated by local governments (cities or counties) or, in specific cases, by private individuals. Here is how the process generally works:
1. Types of Nuisances
* Public Nuisance: Affects an entire community or neighborhood (e.g., a "crack house," illegal dumping, or a dilapidated building).
* Private Nuisance: Specifically harms an individual's use or enjoyment of their own land (e.g., a neighbor’s intrusive noise or light).
* Chronic Nuisance: Many cities (like Seattle) have "Chronic Nuisance" ordinances for properties with repeated criminal activity (e.g., 3+ incidents in 60 days).
2. The Abatement Process
While specific steps vary by city (e.g., Tacoma vs. Spokane), the standard legal progression follows this path:
* Complaint & Investigation: A neighbor or official reports a violation. Code enforcement officers or police inspect the property to confirm the nuisance.
* Notice and Demand: The owner is sent a formal "Notice to Abate." This letter identifies the problem and gives a deadline (often 15–30 days) to fix it.
* Voluntary Compliance: Most jurisdictions prefer a "Voluntary Compliance Agreement" where the owner agrees to a timeline to clean up the property.
* Hearing & Order: If the owner fails to act, the city may hold a hearing (often before a Hearing Examiner). If the city wins, they obtain a Warrant of Abatement.
* Physical Abatement: If the owner still refuses, the city can legally enter the property, remove the junk, board up the building, or even demolish it.
3. Costs and Liens
Abatement is not free. Washington law (RCW 35A.21.405) allows local governments to recover their costs:
* Special Assessments: The city can charge the property owner for the cost of the cleanup, labor, and legal fees.
* Tax Liens: If the owner doesn't pay, the cost becomes a lien against the property. This lien is often "equal rank" with municipal taxes, meaning it must be paid before the property can be sold or refinanced.
4. Private Rights to Abate
Under RCW 7.48.230, a private person can "abate" a public nuisance if it is "specially injurious" to them. However, this is legally risky; you must do so "without committing a breach of the peace" and without doing "unnecessary injury." Most legal experts advise filing a civil lawsuit for an injunction rather than taking physical action yourself.
.
.
In Washington State, the death of a homeowner does not stop a nuisance abatement action. Because a nuisance is legally tied to the property itself (an "in rem" action) rather than just the person, the city or county can continue the process even if the owner is deceased.
Here is how the law handles a deceased owner in a nuisance case:
1. Successive Liability (RCW 7.48.170)
Under Washington law, the responsibility to fix a nuisance "runs with the land." RCW 7.48.170 specifically states that every successive owner of a property who neglects to abate a continuing nuisance created by a former owner is liable in the same way as the person who first created it.
* The Estate: If the property is in probate, the Estate becomes the "owner." The city will serve notice to the Personal Representative (Executor) of the estate.
* The Heirs: If the property has already passed to heirs (even if the deed hasn't been officially updated yet), those heirs are now the responsible parties.
2. Notice Requirements
The city must still provide "Due Process." If the owner is dead, code enforcement will typically:
* Search for a Personal Representative or an administrator of the estate.
* Notify any identifiable mortgage holders (banks often step in to fix nuisances to protect their collateral).
* Post the notice physically on the property and publish it in local newspapers if heirs cannot be found.
3. The "Cost-Recovery" Lien
This is the most critical part for heirs or estates. If the city has to step in and clean up the property themselves:
* The Bill: They will send the bill to the estate.
* The Lien: If the estate doesn't pay, the city attaches a Super Lien to the property.
* Priority: Under RCW 35.21.955, up to $2,000 of that lien is of "equal rank" with state and county taxes. This means it often gets paid before other creditors or heirs get their share of the property's value when it is eventually sold.
4. Special Case: Abandoned/Blighted Property
If a property is vacant because the owner died and no heirs have stepped forward, the city can use RCW 35.80 (Unfit Dwellings). This allows them to declare the building "unfit for human habitation." They can then:
* Order it repaired or demolished.
* If no one responds, the city performs the demolition.
* The city then sells the land or the materials to recoup their costs.
Summary for your situation
If you are an heir or neighbor dealing with this:
* If you are an heir: You should contact the city immediately. It is much cheaper to clean the property yourself than to let the city do it and charge you their administrative rates, which are often significantly higher.
* If you are a neighbor: You can still report the property. The city will go through the "Notice to Abate" process by looking for the next of kin or the estate's legal representative.