HomeMy WebLinkAboutITEMS SUBMITTED AT THE MEETINGA
CERTIFICATION OF ENRQLLMENT ~
SUBSTITUTE SENATE BILL 6459
Chapter 148, Laws of 2010
61st Legislature
2010 Regular Session
RENTAL PROPERTIES-~~-INSPECTIONS BY LOCAL MUNICIPALITIES
EFFECTIVE DATE: 06/10/10
Passed by the Senate March 8, 20.0 CERTIFICATE YEAS 38 NAYS 8
I, Thomas Hoemann, Secretary of the Senate of the State of
BRAD o~EN Washington, do hereby certify that
the attached is SUBSTITUTE SENATE President of the Senate BILL 6459 as passed by the Senate
and the House of Representatives
Passed by the House N~arch 2, 20.0 on the dates hereon set forth, YEAS 96 NAYS 0
THQMAS H4EMANN FRANK CH4PP
Secretary Speaker of the House of Representatives
Approved March ~.9, 200, 2 ; 38 p.m. FILED
March 1.9, 2010
CHRISTINE GREG4IRE Secretary of State
State of Washington Governor of the State of Washington
SUBSTITUTE SENATE BILL 6459
AS AMENDED BY THE HQUSE
Passed Legislature ~ 2010 Regular Session
State .of Washington 61st Legislature 241 Regular Session
By Senate Financial Institutions, Housing & Insurance originally
sponsored by Senators Hobbs, Berkey, Ma'rr, and Schoesler}
READ FIRST .TIME 02 /05/10 . .
1 AN ACT Relating to the inspection of rental.praperties; amending
2 RCW 5.9.18.030 and 59.18.150; adding a new section to chapter 59.18 RCw;
3 and prescribing penalties.
4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE of wASHINGTQN:
5 Sec. 1.~ RCw 59.18.030 and 2008~c 278 s 12 are each amended to read
6 as follows:
7 As used in this chapter:
$ ~1} "Distressed home" has the same meaning as in RCw 61.34.020.
9 ~ ~2 } "Distressed home con~reyanceT' . has the same meaning as in RCw
10 ~ 61.34.020.
11 ~3} "Distressed home purchaser" has the same meaning as in RCw
12 61.34.020,
13 ~4} ~"Dwelling unit" is a structure or that part of a structure
14 which is used as a home, residence, or sleeping place by one person or
15 by two or more persons maintaining a common household, including but
16 not limited to single family residences and units of multiplexes,
17 apartment buildings, and mobile homes. .
8 ~ 5 } In danger of foreclosure" means any of the fallowing :
p. 1 ~ SSB 6459.SL
1 ~a} The homeowner has defaulted on the mortgage and, under the
2 terms of the mortgage, the mortgagee has the right to accelerate full
3 payment of the mortgage and repossess, sell, or cause to be sold the
4 property;
5 fib} The homeowner is at least thirty days delinquent on any loan
6 that is secured by the property; or
7 ~c} The homeowner has a good faith belief that he or she is likely
8 to default on the mortgage within the upcoming four months due to a
9 lack of funds, and the homeowner has reported this belief to.
1Q 4i} The mortgagee;
11 iii} A person licensed or required to be licensed under chapter
12 19.134 RCw;
13 viii} A person licensed or required to be licensed under chapter
14 19.146. RCw;
15 Div} A person licensed or required to be licensed under chapter
16 18.85 RCW;
17 ~v} An attorney-~at~law;
18 Zvi} A mortgage counselor or other credit counselor licensed or
19 certified by any federal, state, or local agency; or
2Q vii} Any other party to a distressed property conveyance.
21 ~6} "Landlardr' means the owner, lessor, or sublessor of the
22 dwelling unit or the property of which it is a part, and in addition
23 means any person designated as representative of the landlord.
24 "Mortgage" is used in the general sense and includes all
25 instruments, including deeds of trust, that are used to secure an
26 obligation by an interest in real property.
2? ~8} "Person" means an individual, group of individuals,
28 corporation, government, or governmental agency, business trust,
29 estate, trust, partnership, or association, two or more persons having
3Q a j oin:t or common interest, or any other legal or commercial entity.
31 ~9} "owner" means one or mare persons, jointly or severally, in
32 whom is vested:
33 ~a} All or any part of the legal title to property; or
34 fib} All or part of the beneficial ownership, and a right to present
35 use and end oyment of the property.
36 ~1Q} "Premises" means a dwelling unit, appurtenances thereto,
3~ grounds, and facilities held out for .the use of tenants generally and
38 any other area or facility which is held out for use by the tenant .
SSB 6459.SL p. 2
1 ~1~.} "Rental agreement" means all agreements which establish or
2 modify the terms; conditions, rules, regulations, or any other
3 provisions concerning the use and occupancy of a dwelling unit.
4 X12} A "single family residence" is a structure maintained and used
5 as a single dwelling unit. Notwithstanding that a~dwelling unit shares
6 one or more walls with another dwelling unit, it shall be deemed a
7 single family residence if it has direct access to a street and shares
8 neither heating facilities nor hot water equipment, nor any other
9 essential facility or service, with any other dwelling unit.
10 X13} A "tenant" is any person who is entitled to occupy a dwelling
11 unit primarily for living or dwelling purposes under a rental
12 agreement.
13 ~1~} "Reasonable attorney's fees", where authorized in this
14 chapter, means an amount to be determined including the fallowing
15 factors; The time and labor required, the novelty and difficulty of
16 the questions involved, the skill requisite to perform the legal
17 service properly, the fee customarily charged in the locality far
18 similar legal services, the amount involved and the results obtained,
19 and the experience, reputation and ability of the lawyer or lawyers
20 performing the .services.
21 415} "Gang" means a group that: ~a} Consists of three or more
22 persons; fib} has identifiable leadership or an identifiable name, sign,
23 or symbol; and ~c} on an ongoing basis, regularly conspires and acts in~
24 concert mainly for criminal purposes. ~
25 X16} "Gang--related activity" means any activity that occurs within
26 the gang or advances a gang purpose.
27 ~ "Certificate,, of ~,inspection" means _an~unsworn~statement,
28 declaration verification or cent-ificate made in accordance with the
29 re uirements of RCW 9A.72.0$5 b a ualified ins ector that states that
30 the~landlord~has,~not,~failed to fulfill_any~substantial„~oblgaton
31 imposed under RCw 59.18.060 that endangers ,or impairs__the health or
32 sa_ fety~of~,a,~tenant, _includina~~,structural,~members_that_are~af
33 insufficient size or stren th to carr im osed loads with safety,__,~b~
34 ex osure of the occu ants to the weather c lumbin and sanitation
35 defects that directly expose the occupants to the risk of illness or
36 in'ur d not rovidin facilities ode uate to su 1 heat and water
37 and hot water as reasonably__ required ~ the tenant, providing
38 heatin or ventilation s stems that. are not functional or are
p. 3 SSB 6459.SL
1 hazardous f defective, haza_rdous~or missln electrical whin or
2 electrical service defective or hazardous exits that increase the
3 risk of in'ur to occu ants and h conditions that increase the risk
4 of fire.
5 18 "Pro ert or "rental ro ert "means all dwellin units on a
6 Conti uous uantit of land many ed b the same landlord as a single,
7 rental cam lex.
S ~__"Qualified inspector"_means„~a_Uni.ted_,States„~,department_af
9 housin and urban develo ment certified ins ector~ a Washin ton state
14 licensed_home_inspector; _an_American,_soviet _„of_home,~„ins ectors
11 certified inspector; _a_ rivate_inspector,certified~,~_,the~,national
12 association_of_housin _and ' _rede_velo~ment„~officials, „~the_Amerzcan
13 association_of_code_enforcement _or_other_comparable_professional
14 association_as_a roved_~_the_local_municipality___a_municipal~,code
15 enforcement officer a Washington licensed, structural _en~neer, or a
16 Washin ton licensed architect.
17 NEW SECTION. Sec. 2. Anew section is added to chapter 59.18 RCW
18 to read as follows:
19 ~1~ Local municipalities may require that landlords provide a
20 certificate of inspection as a business license condition. A local
21 municipality does not need to have a business license or registration
22 program in order to require that landlords provide a certificate of
23 inspection. A certificate of inspection does not preclude or limit
24 inspections conducted pursuant to the tenant remedy as provided for in
25 RCW 59.18.115, at the request or consent of the tenant, or pursuant to
26 a warrant.
27 ~2~ A qualified inspector who is conducting an inspection under
28 this section may only investigate a rental property as needed to
29 provide a certificate of inspection.
3a ~3~ A local municipality may only require a certificate of
31 inspection on a rental property once every three years.
32 ~4~~a~ A rental property that has received a certificate of
33 occupancy within the last four years and has had no code violations
34 reported on the property during that period is exempt from inspection
35 under this section.
36 ~b~ A rental property inspected by a government agency or other
37 qualified inspector within the previous twenty four months may provide
SSB 6459.SL p. 4
1 proof of that inspection which the local.municipality may accept in
2 ,lieu of a certificate of inspection. If any additional inspections of
3 the rental property are conducted, a copy of the findings of these
4 inspections may also be required by the local municipality.
5 ~5} A rental property owner may choose to inspect one hundred
~ percent of the units on the rental property and provide only the
7 certificate of inspection for all units to the local municipality.
8 However, if a rental property owner chooses to inspect only a sampling
9 of the units, the owner must send written notice of the inspection to
1o all units at the property. The notice must advise tenants that some of
11 the units at the property will be inspected and that the tenants whose
12 units need repairs or maintenance should send written notification to
13 the landlord as provided in RCw 59.18.070, The ,notice must also advise
14 tenants that if the landlord fails to adequately respond to the request
15 for repairs or maintenance, the tenants may contact local municipality
16 officials. A copy of the notice must be provided to the ~in~spector upon
17 request on the day of inspection.
18 ~6}~a} If a rental property has twenty or fewer dwelling units, no
19 more than four dwelling units at the rental property may be selected by~
20 the local municipality to provide a certificate of inspection as long -
21 as the initial inspection reveals that no conditions exist that
22 endanger or impair the health or safety of a tenant.
23 fib} If a rental property has twenty-one or more units, no more than
24 twenty percent of the units, rounded up to the nest whole number, on
25 the rental property, and up to a maximum of fifty units at any one
26 property, may be selected by the local municipality to provide a
27 certificate of inspection as long as the initial inspection reveals
' 28 that no conditions exist that endanger or impair the health or safety
29 of a tenant .
30 ~c} zf a rental property is asked to provide a certificate of
31 inspection for a sample of units on the property and a selected unit
32 fails the initial inspection, the local municipality may. require up to
33 one hundred percent of the units on the rental property to provide a
34 certificate of inspection.
35 ~d} If a rental property has had conditions that endanger or impair
36 the health or safety of a tenant reported since the last required
37 inspection, the local municipality may require one hundred percent of
. p. 5 SSB 6459.SL
1 the units on the rental property to provide a certificate of
2 inspection.
3 te} If a rental property owner chooses to hire ,a qualified
4 inspector other than a municipal housing code enforcement officer, and
5 a selected unit of the rental property fails the. initial inspection,
6 both the results of the initial inspection and any certificate of
7 inspection must be provided to the local municipality.
8 ~7}~a} The landlord shall provide written notification of his or
9 her intent to enter an individual unit for the purposes of providing a
10 local municipality with a certificate of inspection in accordance with
11 RCw 59.1$.1506}, The written notice must indicate the date and
12 approximate time of the inspection and the company ar person performing
13 the inspection, and that the tenant has the right to see the
14 inspector's identification before the inspector enters the individual
15 unit. A copy of this notice must be provided to the inspector upon
16 request an the day of inspection .
17 .fib} A tenant who continues to deny access to his or her unit is
18 subject to RCw 59.18.150 ~8} .
19 ~ ~8} If a rental property owner does not agree with the findings of
20 an inspection performed by a local municipality under this section, the
21 local municipality shall offer an appeals process.
22 ~9} A penalty for noncompliance under this section may be assessed
23 by a local municipality. A local municipality may also notify the
24 landlord that until a certificate of inspection is provided, it is
25 unlawful to rent or to allow a tenant to continue to occupy the
26 dwelling unit.
27 X10} Any person who knowingly submits or assists in the submission
28 of a falsified certificate of inspection, or knowingly submits
29' falsified information upon which a certificate of inspection is issued,
30 is, in addition to the penalties provided for in subsection ~9} of this
31 section, guilty of a gross misdemeanor and must be punished by a fine
32 of not more than five thousand dollars.
33 X11} As of the effective date of this section, a local municipality
34 may not enact an ordinance requiring a certificate of inspection unless
35 the ordinance complies with this section. This prohibition does not
36 preclude any amendments made to ordinances adopted before the effective
37 date of this section.
SSB 6459.SL p. 6
1 Sec, 3. RCW 59.18.150 and 2002 c 263 s 1 are each amended to read
2 as follows:
3 ~1} The tenant shall not unreasonably withhold consent to the
4 ~lar~dlord to enter into the dwelling unit in order to inspect the
5 premises, make necessary or agreed repairs, alterations, or
6 improvements, supply necessary or agreed services, or exhibit the
dwelling unit to prospective or actual purchasers, mortgagees, tenants,
8 workers, or contractors.
9 ~Z} Upon written notice of intent to seek a search warrant, when a
. 10 tenant or~landlord~ denies afire .official the right to search a
11 dwelling unit, a fire official may immediately seek a search warrant
12 and, upon a showing of probable cause specific to the dwelling unit
13 sought~to~be searched that criminal ..f ire code violations exist in the
14 dwelling unit,~a court of competent jurisdiction shall issue a warrant -
15 allowing a search of the dwelling unit.
16 Upon written notice of intent to seek a search warrant, when a '
17 landlord denies a fire official the right to search the common areas of
18 the rental building other than the dwelling unit; a fire official may
19 immediately seek a search warrant and, upon a showing of probable cause
20 specific to the common area sought to be searched that a criminal fire
21 code violation exists in those areas, a court of competent jurisdiction .
22 ~ shall issue a warrant allowing a search of the common. areas~in which
23 the violation is alleged..
24 The superior court and courts of limited jurisdiction organized
25 under Titles 3, 35, and 35A RCW have jurisdiction to issue such search
26 warrants. Evidence obtained pursuant to any such search may be used~in
27 a civil or administrative enforcement action.
28 ~ 3 } As used in this section
29 ~a} "Common areas' means a common area or those areas that contain
.3o electrical,~plumbing, and mechanical equipment and facilities used for
31 the operation of the rental building, .
32 fib} "Fire official" means any fire official authorized to.enforce
33 the state or local fire code.
34 ~ 4 },~~A,search_warrant,~ma~_be_issued_~_a_ ' ud e_of,~a_su erior
35 court or a court of limited ~urisdzct,, . ~ ion under Titles 3r 35, and 35A
36 RCW to a code enforcement official of the state or of an count cit
37 or„_otherpolitical subdivision_for~the~ ur ose~of~,allowin _the
p: 7 ~ SSB 6459:SL
1 ins ection of an s ecified dwellin unit and remises to determine the
2 resence of an unsafe buildin condition or a violation of an buildin
3 .re ulation statute or ordinance.
4 ~_A_search,~warrant~,must_only_be_issued_u~.~on_a lication_of_a
5 designated_afficer_or_employee_of_a_co~ untV__or_c1tV_ rosecutin _or
6 re ulator _,autho_rtY_supported_~_an_af f idavit~,or,_declaration~,,,_made
7 under_oath_or_upon_sworn_testimonV_before,_the_ ' u~d e_~_,~stabla.shina
8 robable cause that a violation of a state or local law re Matson or
9 ordinance re ardin rental housin exists and endanaers___the health or
1 D sa f et _ of _ the tenant _ or _ ads oining _ ne ighbors . In addition the
11 affidavit must contain a statement that consent to inspect has been
12 sou ht from the owner and the tenant but could not be obtained because
13 the owner or the tenant either refused or failed to res and within five .
14 days, or a statement settin forth facts or circumstances reasonably
15 'ustif in the failure to seek such consent. A landlord ma not take
16 or threaten to take re risals or retaliator action as defined in RCw
17 59.18.2 4 o,_a ainst_a,tenant_who_~s,~consent,~to_a_code_enf orcement
18 official_of_the_state_or_of_,an~r,_„county, _,c%ty► _or_other_ olitical
19 subdiyision_to_ins ect_,his_or_her,~,dwelling~„unit_to_determine_the
20 resence of an unsafe buildin condition or a violation of an buildin
21 re elation statute or ordinance.
22 ~_In,~determinina,_,probable_cause,__the~,,~udwge_is_not~,limited_to
23 evidence_of,_specific_knowledgeL_but_mama~r_also_consider_an~r_of_the
2 4 f ollowina
25 i The a e and eneral condition of the remises•
26 ii Previous violations or hazards found resent in the remises•
27 iii The t e of remises•
28 iv The ur oses for which the remises are used' or
29 ~_The_presence_of_hazards_or_violations_in_,and~„the_ eneral
3o condition of remises near the remises sou ht to be ins ected.
31 d Before issuin an ins ection warrant the 'ud e shall find that
32 the a licant has: ~i7 Provided written notice of the date,
33 a roximate time and court in which the a licant gill be seekin the
34 warrant_to_the_owner_and, ~,if_the_applicant_reasonabl _believes_the
35 dwellin _unit,~,~or~rental,_propertV_to_be_inspected_is_in_the_lawful
36 ossession of a, tenants to the tenant • and_ ~ii~ posted a copy of the
37 natice on the exterior of the dwellin unit or rental pro~ertyto be
ssB 6459.SL p. 8
1 ins ected. The 'ud e shall alsa allow the owner and any tenant who
2 a ears~,during_consideration of the_a~plication_for_the_warrant_ta
3 defend a ainst or in su art of the issuance of the warrant.
4 e All warrants must include at least the followin
5 ~~The name of the agency and building official reauestina^_the
6 warrant_and„authorized~to_conduct_,an_~inspectian ursuant . to_the
7 warrant•
8 ii _A_reasonable_description_of,~the_premises_and_items_to_be
9 ins ected• and
14 iii A brief descri tion of the ur oses of the ins ection.
11 f An inspection warrant is effective for the time specified in
12 the warrant but not far a__period of more than ten days unless it is
13 extended or renewed bathe ' ud e who si ned and issued the original
14 warrant_upon_satisf in _himself_,or~,herselfthat_the_extension~,or
15 renewal is in the_ u~ blic_interest . The,;inspection_warrant_must_be
16 executed and returned to the ~udae b whom it was issued within the
17 time s ecified in the warrant or within the extended or renewed time.
18 After the ex iration of the times ecified in the warrant the warrant
19 unless executed is void.
2D An ins ection ursuant to a warrant must not be made:
21 i Between 7:04 .rn. of any day_and 8:00 a.m. of the succeeding
22 da on Saturda or Sunda or on an le al holida unless the owner
23 or► _if occupied the tenant s ecifies a refer,,,.,..,..,_.__ _ , _ p ~ ___..~._p „ence for inspection
24 Burin such hours or on such a da •
25 ii Without the resence of an owner or occu ant over the a e of
26 ei hteen ears or a erson desi Hated by the owner or occupant ,unless
27 s ecificall authorized b a 'ud e u~on a showin that the authorit is
28 reasonabl necessar to effectuate the ur ose of the search warrant;
29 or
34 iii B means of forcible entr exce t that a 'ud e ma ex ressl
31 ~ authorize a f~arcible entr when :
32 ~,_Facts~,are~,shown_that_are_sufficient,~to,~create_a_reasonable
33 sus icion of a violation of a state or local law or_rule relating to
34 munici al or count buildina,_,_ fire, safet environmental, animal _ .._.~y_----
con ro an . use p um lnq elect _ ^ _„_.rical, health, minimum housing, or
36 zonin standards that if the violation existed would be an immediate
37 threat to the health or safet of the tenant • or
p. 9 SSB 6459.SL
1 B Facts are shown establishin that reasonable attem is to serve
2 a revious warrant have been unsuccessful.
3 ~_Immediate_execution~,of~,a,~warrant is~,prohibited., ~ex,~ cept~when
4 ~necessar to revent loss of life or ro ert
5 ~..~.A...~~.. ep rson~who_willfull ~refuses~,to~,„ ep rmt_inspection,
6 obstructs,~inspection, or aids in the obstruction of an ,insTpection __of
7 property,~authorized_,~~warrant~issued~pursuant~to~,this„~section~is
8 sub'ect to-remedial and unitive sanctions for contern t of court under
9 cha ter~7.~1 RCW. Such conduct ma also be sub'ect to a civil malt
10 im osed b local ordinance that takes into consideration the facts and
11 circumstances and the severit of the violation.
12 ~ The landlord may enter the dwelling unit without consent of the
13 tenant in case of emergency or abandonment.
14 ~ } ~ The landlord shall not abuse the right of access or use
15 it to harass the tenant. Except in the case of emergency or if it is
16 impracticable to do so, the landlord shall give the tenant at least two
17 days' notice of his or her intent to enter and shall enter only at
18 reasonable times. The tenant shall not unreasonably withhold consent
19 to the landlord to enter the dwelling unit at a specified tune where
20 the landlard has given at least one day's notice of intent to enter to
21 exhlblt the dwelling unit to prospective or actual purchasers or
22 tenants. A landlard shall not unreasonably interfere with a tenant's
23 enjoyment of the rented dwelling unit by excessively exhibiting the
24 dwelling unit. ~ .
25 ~ } ~ The landlord has no other right of access except by
26 court order, arbitrator or by consent of the tenant.
27 ~ A landlord or tenant who continues to violate the
28 rights of the tenant or landlord with respect to the duties imposed on
29 the other as set forth in this section after being served with one
3Q written notification alleging in good faith violations of this section
31 listing the date and time of the violation shall be liable for up to
32 one hundred dollars for each violation after receipt of the notice,
33 The prevailing landlord or tenant may recover costs of the suit ar
34 arbitration under this section, and may also recover reasonable
35 attorneys' fees.
36 ~ Nothing in this section is intended to ~ abrogate ar
37 modify in any way any common law right or privilege or ~b affect the
ssB 6459.sL p. 10
1 common law as it relates to a local~munici alit 's ri ht of entr under
~ emer enc or exi ent circumstances.
3 NEW ~ SECTIGN. Sec,. 4. If any provision of this act or its
4 application to any person or circumstance is held invalid, the
5 remainder of the act or the application of the provision to other
6 persons or circumstances is not affected.
Passed by the Senate March 8, 2010.
Passed by the House March 2, 2010.
Approved by the Governor March 19, 2010.
Filed in Office of Secretary of State March 19, 2010.
p. 11 SSB 6459. SL
•
. ~ . ~ ~ ~ ~ ORDINANCE NC. 6 3 ~14
. AN. ORDINANCE QF THE. CITY ~C~1UNClL ~F THE
CITY' OF AUBURN, 1NASH~NfiTCN, Al1~ENDINO
SEGT~~NS 15,Ofi~o1~D, 15.Q?'.U1 15r47.4ZD, . . ~5.0~:454, 15.o~,aso, ~5.47.0~0, .~~.07.0~0, .
~ ~ 15.o?r1oD, 15~.a?.150, 15.OSA.o.# 1~,. 15.aVA.4~1,
. 1.5.32.D14, 15r85A.011, 15r~~A.~~1, ~ 15r~~ArO-11,
15,34A,491,. 15.88Ar4~1, ~5:38A:~41, 15-.38A.D51, .
15.40.420,.. 15.44.43D, 15.8.440, ~ ~ 15.48.48D,~
. 15-.48.110, ~ 15.48r 1 ~4, 15.48..130 .AND .15.48.14D, ~ .
. ..AIVD REPEAI~lNG SECTIONS ~ 5r~~'.040, 15.D7.4~~,
15.4?r124, 1~5~.~?.'144, ~~5.4?,154, ~ . 15.D8A.o51,
' 15r35A.0~1, 15.38A.451, ~5.3~A~.~1~1, 15.4q.454, .
15.40.06D AND 15.55.U~1 ~ flF THE AUBURN CITY
~ . ~C~DE ~RELATIN~~ T~] BUILDINGS .AND . . ~ -
. ~ - ~ ~ - CaNSTRUCTlGN ~
V1lHEREAS, the State' of VUash~ngton establishes the State ~Bu~ld~n~ Code , , - .
~ ~es set forth iri RCVII 18.27.031~;~ and ~ ~ .
u. ~ ~
i ~ V1~HEREAS, the C~~ Council of the .C~ty of Auburn has adapted ~by. ~ .
refere~c~ several building .cads in order to pivtect the heailth, safety, and , ~ . . .
. ~ ~ ~ ~velfare~ of the residents of the City, which are codified in. Title 15 of the Auburn
. ~ ~ pity Code; and ~ ~ ~ - , . _
~l11MEREAS, staff recommends ~arnending Title 15 to incorporate updates
to the referred codes, eliminate .redundant language, and improve eff dent - ~ .
enforcement of the codes.: ~ ~ ~ ~ . ~
NGi~, THEREFORE; THE CITY COUNCIL aF THE CITY t~F AUBURN, ,
~1fASHINGTgN, DO ORDAIN as~foll~ws: ~ ~ . ~
Section ~ ~ Amer~dment~to Ci Cvde~ 'Section 15.08,410 of the, ~ ~ .
.Auburn City Code is amended as~ follows; ~ ~ ~ ~ .
.
- ~ ordinance No. 531 D . ~ .
~ lay ~28, ~Q~ 0 ~ ~ Page ~ of 37
. i
' ~~.~~.Oa In~erna~~a~al c®des adapted. ~ ~ .
' ~ There isadapted` by. reference, upon the effective date of the ordinance ~ '
. ~ . '.cadifed iri ~this~ chapter and :upan'filing with the city clergy one copy thereof, the ~ ,
. - following described ~ chapters of the washingtan ~ Administr~~i•~e .Code,
. ~ ~ ~ ~ International Codes ~antl standards, and Unifornr~ Plumbing bode and standards
together with 'appendix chapters, amendments, deletions and additions as set . . ~ ~fo~rth ire this s.ectian Qr in'the appropriate chapters in this code. ~ .
. ~ ~ , ~ The: Za0~9~. ~Editian of. the International Building Cede, as adopted and
. ~ ' . ~ herea~er~ amended b the State Buildi~n ~ code Council in Cho ter 5~~ -5D SAC . .I ~ ~ i
. ~ ~ , ~ as published by the International code CQUncil,
. ~ ' ~ . is, adopted.; by reference with amendments, deletions and ~ .
additi~ons'tl~ereta as prdvided~ in Chapter ~ 5~.O8A ACC, Building bode,
~ ~ ~ , B. laternatiQnal Residential 'Cade ~ Adapted. The 20D~9 ~ Edition of the
' In~~ernational residential Cade, a's adapted and~hereafter amended b~ the State ,
' ~ . ~ ~ Building ~~Cade Council in~. Ghapt~r~ ~'I -5~ wAC;~ as ~ published ~Y the ~ International
~ Cade Council, , " , ~ Chapter. ~ "Ever . 9Y
Efiiicency;"~ and chapters ~5 'through 42, "Plumbing and Electrical," is adopted
~ wifh~ the fallowing amendments: ~ . . appendix Chapter G, "Swimming Pools, Spas and Hot Tubs," is hereby
. ~ adapted. ~ ~ .
G,~lnt~rnatianal .Mechanical Cade Adopted, ~ The 20D~~ Edition of the
. ~ In~e~iiational ~~Mechanical Cade, as adopted and hereafter amended by. the State
. Building Code council in~ ~~hapter ~1-52 ~IVAG, as~published by the International
` ~ nu t+r ~hfnr, ~ l~ r~ inrC~ ~~inn ` Code ~aunCll', ~vn~d~-~~, f'i ~~~rrr►at~~nnrrra :'~s adopted'.
~D, International Fire Code~~dopted~. The 2~g~g Editian~o~ fhe ~lrite~national Fire
. Gode~.as~ ado fed and .hereafter amended b 'the State Buildin Code Council in .p y g
Chapter 5~~-5~ I~IAG, as~.pu~lished by the International Gade: Gauncil, .
~~ri~°~~~~~~ ' by~ references with' amendments, deletions and
additions thereto as.~~rovided.in Chapter~15.3fiA aCC; Fide Gode.
. ~ E. National Fuel Gas Code NFPA 54} Adopted.. The 2009 Edition of ANSI .
~223,~1 NFPA,~5~ National ~Fuel~~Gas Cade, as adopted and ~herea~er emended ~ ~ . . by the State Building G~de~ Council in ChapterA 5~-52 vI~AC; as published by
. ~ ~ ~ NFPA, is~ adopted. ~ ~ ~ ~ ~ '
F. Liquefied Petroleum Gas Gode NFPA 58~ Adopted. The 2DD4 Edition of the ~ ,
Liquefied Petraleu,m has Ci~de, as adopted-and hereafter amended by the State '
Building Cade ~Couneil in Chapter 5152 1~IAC, 'as published by NFPA, is .
adopted, ~ ~ ~ ~ ~ ~ .
. G, In#ernatianal Fuel, Gas Cade Adapted.:.1"he, 2QD30 Edition of the
International Fuef Gas Cody; ~ aa. adapted and: ~.llereafter, amended by the State
.Building Cade Council in C~h.apter 5~ -52 lIIIAC, as, published by the 'International
' ~ Gode council, ' ` . , " is adapted,
,y
ordinance No. 63~ Q ~ . May 28, 20 ~ 0
Page ~ of 3l
. ~ ,
~ ~ ~ • r .
. ,M. Uniform, Plumbing ~:Gade~ Adopted. The ZDD~9 Edition of the Uniform
~r ~ ~ ~ . Plumbing Code, .as :adopfied :and hereafter amended by the State Building Code
. ~ ~ ~ ~ Council in Chapters ~51.=56 and. 5-57~ VUAC, ~ as published ~by the- international .
. . ~ .bode Council; ~ ~ , , " ' ~ Chapter "Fuel Piping,"
: ~ Chapter 1.5; ~"Firestop P~dtectian," and those requirements of the Uniform
r ~ ~ Plumbing~Code:re[ating fiowenting and combustion air of fuel~fired appliances as r'
. ~ ~ . ~ found: in~Chapter.5 ,and thole potions of the code addressing building sewers, is
. ~ adopted with the tollo~ving amerdrnents:
. ~ -
. .
, t ,
. r
~ .
~i~ppendix Chapter-A,, ~"Recommended Rules for Sizing the water Supply .
System";~ and , . ~ . ~ ~ ~ . -
. ~ 3~.: Apperfaix Chapter "Explanatory Notes on Combination waste and
. ~ Uent, Systems",~. and ~ ~ ~ ~ . ~ ~ .
~ ~ : ~ ~ ~ 43.. Appendix Chapter I; "Installation Standards"; and - ~ ~ . . t ~ ~ ~ ~ ~ - 54.~ Appendix Chapter ~H.,: "grease I~nfierceptQrs''; and
'~~5.., -endix Cho ~ ter. ~ L "Alfiernate Plumain~ S stems'" excludin pp . R - ~ D y ~ g ` . . ~ Secfiiflns ~L5 through L7 and "L:~awn ,Sprinkler Head" frvm~Table G-4 ,af Appendix .
~ ~ ~ aye Hereby adopted. ~ ~ .
~.~UVa~hing~an .State EnergyCode Adopted. ~The~~~lashington State Energy
Cade,~as~adopted and. hereafter amended by th~'Sfiafie Building Code Council in ~ .
. Chapter 5 ~ ~ wAC~f is- adapted: ~ ~ ~ . ~
. ~ ~ ♦ r ~ ,
~ 1
Interriatianal Property 'Management Code. Adopted. The ZDa~9- Edition of ~ .
the lnternat~onal Property I~lariagement Code, ~ as published by the International
Code Goun~cil, excluding Chapter ~ , Section , "Means of Appeal,"~ s .hereby
adopted, ~~Qrd; 6144 ~ 24~~?'; ;Cry. 5574 § ~3, 2004;' C~rd~. 5184 ~ 2, 1:~9$; ord. ~ ~ ~ ,
4'54 § 2,1995, ord. 45~G 5 ~Exh. A},199:}
Section 2. Amendment ~t~ Ci CQde~ ~ , Section 15.D7.D1 D of the ~ '
Auburn City Code is amended as follows: ~ ~ '
. .
~~S.D?~o~0 General. ~ ~ ~ -
- ~ A, Tifile.~ These regulations .sha~ll~~ be known. as, .th'e Construction Adrninistratirre ~ ~ .
. . ~ ~ Code of the city of Auburn, . . " . . . ~
r.rrr rrww..wwwrr.. wrrrrrrrr~~~w~~...wwwi ~
~~~rdinance No, 630 . ~ .
May ~8, 24~ ~ ~ , ~ ~ ~ ~ . Page 3 of 3?
.
. ~ , .
~•~li ~cvpe. The prvv~sian~~vf this code sh~C~, apply to•th~ administration vf~ the
. teGhnical• codes •aa ad'opted~~by the state of ~Ifasliirigton •and ~as listed: .
• ' ~ ~ , a. ~-~I~Q9 Interna~i4nal Building Code Chapter 5'f ~5D ~lIAC;
' ~ ~ • b. ~~Q09 International Pesidentiaf Gale Ghapter 51-5~ vU'AC;~ ~ •
. ' ~ `c. ~~-~D09 International Mechanical Gode •Ghapter 5~~5~ ~UAG;
~ . 'd'. ~Na~ianal Fuel•Gas Gode ~NFPA ~4~•-- chapter 5~~52'I~AG; •
• ~ a ~ • ~ Liquefed Patrofeu.rn~:Gas Code ~NFPA 5~}.-~ Ghapter ~~-5~ wAG; • . .
~ _ f. ~~009 International Fuel Gas ~Cvde m chapter 5~5~ .tNAG;
•.~0 ~ Int~rna#ional Fire Gode~~-•Cha ter 5154 ~'AG~ . g•~ ~ ~ p
• ' ~ , : • Vii: 8~-20D9 r llriifo'rm Plumbing .Cade ~ Chapters 5~ ~55 'and. ~51 ~5~
' , • it ~g~8• l~atianal. Electrical Cvde~: l~hG ~-RGtI~ ~ 9~~9 and Gha ter .
~ 1 ~
- ~ • ~f~~deptiansl The• pravi5ia.ns Qf this cads. shall nvt.apply~to .ward located ~ .
primarily in a public wad, pubfic•:'u#ility Louvers :.end ,poles and hydraulic flood
control structures. ~ ~ ~ .
- ~ 3. aefinitivns. Far the purpose of this chapter, certain •~erms, phrases,
. • ~ ~ ~ words and ~hei~ derivati~es• shall .f~ave the meanings ~set~fvrth, in.~this subsection. ~ •
there terms are net :d~fined~, ~•they shall have. their ordinary accepted meanings
• _ within th~~ ~ contex~~ uVith ~i~hich they are used: ~N'ebster's Third International
Dictionary'•1 of .the En•glish~ .Language, llnabr~dged fa~est ,edition, shall be
~car~sidered as providing ~rdinaryaccepted n~eariiri;gs,:IJliords u~e~ in 'the singular
. ~ iriG~Udet~th~ ~pEuraf ~and•:'the plural the singular, ~i~ords used in •~he masculine ~ ' • ~ger~,de~;~,incfude the feminine 'and the feminine•:the rr~asculine~ :provided that an
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codes.:adapted hereunder:shad be'understaod tv ~ncl~ude the Valley Regional Fire
Authority. ' •
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Page 6 q~ 37 ~ '
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Page 7 of 37
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Section 3. ~mendmen~ t'o. Ci Cvde. ~ section ~ 5.a~.a20 of the . ~ ~
;Auburn Ci Code is amended as follo~rs: ~ ~ . . tY
. - ~ 1
. ~ ' . 5.O~~OZD .Applicability. ~ ~ . ' . / .
A.. Generali vt~here, in any.speGifc case, differerit~sections of~this code. spec`rfy ~ . '
di~fe~e.nt materials, methods of canst~uctian other requirements, the .mast ' . r~sfirictive shall vvern e~ce t. that the hierarchy ot~th~e codes named: in Chapter
g p ~ ~ ~ 9:~7 RCVI~ shall 'govern. vUhe~e there is ~ a conflict betu~een . a~ general .
.re.~ uiren~ent and .a specif c requii~ement, the specific requirement, shall be ~ . g .
. ~ applicable. ~ ~ ~ ~ .
' ~ Other ~'av~s. The p~pvisians :ofthis code shall not bo .deemed to nullify any
' ~ pravision~ of loyal, state ~r federal law, ~ ~ ~
1 ~ CFA ~ lication of Ref~renc~s~ references to chapter or section numbers, or to . ...Pp ~ . ~ .
pravis~ons not specifically td~ritit~ed by .number, shall be construed to ~ refer to .
such chapter, section or provisi~n~~of this code. .
DI Referenced Caries and :Standards. The codes and standards referenced in . p
this code shall be 'considered ~ s'rt of the ~ requi~rernents of this code to the ~ . . prescribed extent of each. such reference, ~#here~ dEfferences occur betvti~eeri ~ , .
revisions of this code and .referenced codes 'aid standards, the prQVisions of~~~~~ '
p . . ~ . this code shat! .apply. ~ , ' ` ~ '
..wlll PartialInvalidity.. In the eV~nt that any part or provision of this code is held 'to
be ills al or void., this shall'nofi~have the effect~.of:m'aking void ar illegal anji~of~the ~ . .g .
other parts or pravisiansl~ ~ ~ . . 1 1 .
. r ~ ~ ~ 1 ~ e ~ • 1
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ordinance Nvl fi31D ~ ~
May 28, ZD~Q ~ ~ . ' ~ : Peg e. 8 of 3T ~ ~ ~ • '
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. ord. 584 ~ ~~~,02}, 2D~4.~ ~
Sectr~n~4: ~ Amendment to ~i Cade. Section 15.O1.05~ o~'tf~e.
. Au~u rn City Cede is amended ~ as ~aliows:
. ~ 5.a1~0~o Permits. r ~
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a~d~nance No. ~3~0 ~ ~ .
May, 28, 2Q d ~ ~ ~ .
Page 9 0~ 37 ~ ~ ~ . . ~ ,
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~~dinance No. 6310 ~ .
iVlay 2$, X010 • ~ .
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. ' ~ ~ Iicants shal!~fie an . ~ A, Appl~cat~Qn for Permit: - . ,.....pp .
• a~pplicatiah.. ~ ~ in writing ari a fprm furnished -by~ the building department.for
~ .that. purpose.. Applications dete~miried by the~:building..ofl'icial to ~be in compliance
. ~with~th~is section shall~be de~ern,ed as~camplete. Such-application shall:
• ~ 1~.. [dertti and describe the work to be ~ca~rered by the permit far which ~ . . fY .
application is made. ~
aescribe ~~he land an which the proposed: work is to be done by legal
. description, street •address. or •s~rni[a~r description that will readily identify and
- ~ definitely ~iacate the proposed_building or work.
3, Indicate the use' ~and~ occupancy for which the proposed work ~is
intended. ~ ~ • . ~ '4. Be. accompanied , by ~cQnstruction documents and other information as ~ .
required in • ...this~code, ~ ~ ~ • .f .
5, State.~the valuation of the proposed work..
5. si ned b the~~~ppl~~ant, or the applicent's authori~ed~ agent.
dive such other data.:and informat~on,as req_ ,u~red by the bu~ld~ng oft~e[al. .
8. ln~ additi~an to int~orn~ation in subsections .~~A~~1~ through ~l~ of this ~ . • ~ - ~ .
section, a pl~cati~ons for permits ..gpverning construction projects costing ~S,pDD • p
ar.more shall also,~contairi, tMe foll~w~ng ~nformat~on:~'
~a.~The legal description, or the tai parcel number assigned pursuant
. ~ to. RC~111$4,~0.1.5D, and the street address if available, .and may include any
. other identification of the. construction site by the prime contractor;
. b. The .property owner's name, address; and phone number; .
c, The prime ~ontractor's~.business name, address, phase number, current state contractor~registration number; and ~ •
' d, Either: ~ ~ ~ ~ _ .
i. The name, '.address, and phone number of the off ce of the
lender administering the~interim construction fnancina~,.if any; or
- ii. The n~me~ and :address of , the f rm, that has issued a payment
bond if an on behalf of-.the rime. contractor ~or~ the .protection .af the owner, if y, p
the bond is for an amount not cress than 51~~ percent. of the total ar~aunt of the..
construction project. ~ , ~
........r_..~......... .
ordinance. hlo, 631 Q
May ~8, 241 U ~ ~ . 'Page 11 a€
. .
'
. e. The information required ~on the building permit application by ,
subsection ~A ~ .a3 through ~d} of this section shat! be set firth on the building . ~ permit document which is 'issued to the owner, and on the inspection record card
which shall be posted a~ the construction site.
. ~ ~ The in~orm~tion required by subsection ~~A~~8~ of~this section and
: r . • . information supplied ay the applicant after the permit ~s issued under subsect~vn
~ of thia~ section shall~~ be kept on record in the office where building
' , ~ . errnits are issued and made available tv. any person on request,. if a copy is P
. ~ ~requested~, a reasonable charge may be made:
. g. lf~ any of the nformmativn required~~by subsection of this . .
section i~~~notavailable at the time the application ~ssub~mitted, the applicant shall
r~o~e ghat 'information ~is nat~ available) 'T
, he una~railabilit~af that information shall not cause, the .
~ licativn. t~o. be d~eerned incorn~~ lets fog the~~ ~ ~urpo~es of vesting under this .
pp . p . P ~ ,section. Howe.W~r, thre ap~iicant shill provide the remaining information as soon
~ ' as the ~app~icant ~an'~ceasonably obtain such ~informatian. ~ ~ '
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Urdinance,No, fi3~Q
May 28, 2Q~Q
Page ~2 of 3l
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~~dinance N~f 63~ d
. ~ gay zo~a • ~ ~ • Page 3 of 37 • •
~
. ec~~~n ~ ~imendment t~ i Cady. Secti®n ~~,~~■4~0 ~ o~ ~i~e
Auburn Cif Cade is amended as ~allaws: ~ ~ \
15.E?.~~Q R • . Use Cansu~~an~s.
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~rdinanca No. 631 D
May 28, 201 ~
Pale 14 of 37
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. ~ ~C1~e of ~on~ultants:~ UUhenever re~riew of a building permit applica#ian
. ~ ~ ~ ~re ui~res .re#en~ion ~ ~b. tl~iis ~ f ~urisdic#ion #ar prflessivnal consulting services, the
y ~appii~an# shall~~reirnbur~e this ~unsd~ct[an the cos#~of~such professrvn~l consulting services, This fee shalt be. ih• ~addi#ivn #a the ~nvrrnal plan revie~ and building
ermit fees;~This~'urisdician~ma ~ require the app~ican# to depvsi# an amount with
this ~ur~sd~c#~on, estirr~ated .~n the d~scret~vn of the ,building vff coal ~ta be ~suffic~en# to
cv~rer an#ici ate~~ costs tv re#aining professianal ~ consultant services and to P ,
ensure reimbursement for such cas#sl ' . ~ ~ ~ , 1
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~~dinance No. ~3~p
May ~8, ZD1D
Page~~of37 ~ ' S
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Section fi. Amendment t~ City C~d~~. ~ Section ~ S.DT.D~fl of the
Auburn City Code is amended as follows;
~5r~7.~08~ Fees.- . - ~ ~ e ~ ~
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A. Plan- F~eview Fees, ~ -
. U11hen submittal dacu~ments are required by ACC 1 ~.~?.DfiU, a plan
review fee shall. be paid at the time of submitting the submittal documents far
plan revie~r. The building official andtar the fire Cade official may have the option
to charge a deposit; in lieu of the full plan review fee, if the full amount is not
known .at the time. Any plan review deposit shall be applied toward the total plan
. ~ ~ review ~~fea owed. The actual. permit fees and related plan review fee shall be -
detern7ined upon campletion of the plan review and the balance owing shall be ~ .
aid at'the time ~of .permit, issuance. The plan review fee shall ~be a separate fee . ~ p .
fi"om the permit fees spec~ied ~n this section and are in add~t~on to the permit .
. fees, when ~ submittal ~ documents are incomplete or changed so . as to require . ~ ~ .
- ~ 'additional plan review or.when.the pra~ect involves deferred submittal items as .
- ~ : ~ ' defined : in ~-Ig~ section ~ D?:~.4.~ . ~ , ~ an additional plan . . ~ . . - ~ revie.~ fee shall be ~char~ed ~ at the rate shown in the fee code e~tabiished by the
~ ~ ~ .jul~isdiction, ~ - ~ .
~~:.:Registered Plan .Program vl~hen plans are submitted under the
' ~ ~ ~urisdi~tion's "re~gistered~ plan. program," a plan review fee shall be paid at~the time r -
of ~a ~ lication for a registered, plan. The building official: may have the option to-~ pp
charge~a partial deposit, in I~eu of~the full plan reviev~r fee. All~portions of fees paid
as a de osit amount shad be applied to the total plan review fees oweo. The p r
. applicant shall be required to pay the balance : of ~amQUnt awed far the plan
review. Valuations used to compute the permit fees ,shall include all options
submitted with a register~d~ plan. Vl~hen a registered plan consists of a number of
lan~ options that can pro'duc`e any n.un~ber of~. 5irnilar but different buildings, the. p. ~
bu~ld~ng official may charge plan: review fees based on each different bufld~ng
. cvnfE~/~+yJ~urativn, Plan -review fees shall be paid for at the time of application far~,a , ~ ~ . building ~perm~t~ The bu~ld~ng offc~al may, have the optEOn to charge a partial
de osit, in lieu of the full 'lan .review fee. All portions .of fees paid as a deposit p ■ p
amount shall be~ applied to the total plan review fees o~ved. The applicant shall be .
~re uired to pa the balance of amount owed for the plan review. The plan review .q y
' fees specif ed in this subsection are separate fees~from the permit fees specifed
in the fee code, and are in addition to the permit fees.
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Ordinance No. fi314
May 2014
Page 17 of 3~
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' • . once ~Bvnds.' Prior tv the issuance of a demalti~on permit, the B~ Perform
ap~~ 11car~f yr agent sfiali post a .Gash .band with the buildirig~ department iri the . i i _ ~.i i s ~ I
~amaunt of $340,44, which sum .shall ~e refundable ,upon ~nspectivn and fine ' ' ' a corral. l~ivwever, if a ermanent Viand is an file~~with the finance director, the
P.p p . - a ~ licant ar agent shall.pDSt a cash~bond in the amour~t~~of $240.40, . . pp
. . C.~Refunds. The~bu[ld~ng official may author.~~e refunding af~ nQt more than 80
accent of the ermit fee ~ aid when nv work has ~e~en done under a permit . p. p ~ .
issued in accordance with ~~h~s code. The bu~ld~ng ~ffic~al may auxhor~ze refunding
of not more than S4 percent .of the plan review fee paid r~rhen an .application for a
. errnit for~which a lan review fee'~has been paid i`s t~ithdrawn or canceled befare~ ~ .
an ~ -Ian. rev~ew~n.g ~~s done. The .build~ng,offic~al shall .not author~~e refunding of Y~
' ~ an fie ~paid.~except en written application filed by. the er~g~nal~.permittee nvt later . Y ~ . ,
. - than 1~~4( days. after . the•;•date of ~ ap~lEcat~on. Ord, 04 ~~5, 2007, Ord, 5874
1 . • ~ ' Section T. Amendrnent_t~ CifC,,ode, Section 15.07,490 of the
Auburn Ci ~ode~is ~amen~ed as follows: .
~S.Ol,U90 rnspecti~ns~.
A. The.Ci • v~ill cand~uct ins eetions as i~escribed..in.th~ latest ado tad co of ~ .
. ~ the international Buildin ' ~wde with tho exce ~~tians a~~ noted ~e1ow. ~ , . • t
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~rdi~anca No,,531a ~ - '
~lfay~~8,.2~1D
Page 18 of 3T ~ .
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~ A IM~IUP~l~AS1NEC ~Rough~ln InspectionA Rough~in mechanical, gas
i in , lumbing and electrical shall be inspected when the rough~in work is ' Rp 9 p
complete and undertest; ~111a connedtions. to primary utilities shall be made until ' . ~ . .
the rough~in work is inspected' and~~approved.r . . r. r A r
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Flashng~ and exterior ~eatlher ~~Ba~~i~r nspection.~ Flashing ar~d ~ .
exterior weather barrier inspectians~ shall be made. after all materials have been
~ installed, but prior to any a~~h~ work being covered/ , '
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Ordinance No. X310 ~ .
May ~8, 2Q~ p ~ ~ . .
Page ~9 of 3~'
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• ,'41,
' ` ~~-~-3..Energy ~fficlenC]I' inS~eCtIDn. ~ . rr
. ~ ~ a, ~Enii~iape. .
~i:lfvall insulatian~.lns e~tian. Te be madeafter. all ~va1l. ~insulatian P
. and,~air vapor retarder 'sheet or~fim'materials are in place, but before any gall
covering'is placed: 1
. ~ , ii. Glazing. ,Inspection. Tv be made after glazing materials are '
. ~ inst~l,led~in~t~e building. ~ ~ ~ ~ ~ iii.~i=xterior ~oafin~ insulation, To be made after the installation Df
. the~'roof insulation, but bef~re.c~nceaiment.
' : ~ ivr S1ablFioar insulation. To be made after the installation of the .
sl~ablfioor insulation, but before concealment: ~ .
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~ eci~i ins ~cti~n~.~ In addition to the in5pectians specifed abave, the ' ~..p ~ .
~buiidin ' official is authal"ize~ `ta ~ n~a~ke or. requll"e~ speclai ~nspectlons abave the , 9
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Oi"dinance No. fi3~a ~ '
gay 2s~ ~a ~ ~ ~ ~ . .
Page 24 of 3~ ~ ~ .
re uirements as stated in~ Cho ter ~?for any type of work related to the technical
• codes by an approved agency at na cost to the jur~sdNCt~onr .
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' Sectlon~ H: Amendment to Code. Section ~ ~rN~. ~ of the
• ~ . ' ~Au~urr~ ~i ~ Cade is amended as follows: . ~
~ ~ ~ ~ ~ 15.p7'~~ 40 Certlf sate ~f occupancy
. ~ ~ ~ ~4: -lls~ and ~GCUpancy. Na ~buildi~ng ar structure s.haii .be. used or occupied, and .
- na charg• e~ i~n the e~istiri occupancy classification of a buildi;rig~ ar structure or
portion _ ~ ~ 'f~.the -bul[ding_ or structure shall be made until the bu~ld~ng ofric~al . . . .
has issued ~ a cartif cote 'of . occupancy as provided -~r~for in this
Section.' Issuance ~f a ~ certit~cate of occupancy shall nQt 'be construed as an
a ~ ~roval of a ~viola~ion of •the~ rovisians of.this ~cvd~ ~or.of other ordinances of this . PP P .
- jurisdiction. ~ ~ ~ . • . ► ► . ► r 1
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ordinance No. 631 Q ~ ~ .
May 28, ZD1 Q
Pag e ~ 1 of 37
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~ . 1. . ' . A ~ ~ .Ord. 55'1'4 ~ 4~~ ~ 2D04.~
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action Am~ndmen~ ~o Cif Cade.. ~ectian ~~5.a7.~fi4 of the S _
Auburn~Ci ~ Code. is amended as follows: ~ , tY
~~,0'~.~~~ Unsafe st~uct~r~s'and ~quipnnent, .i.. ~
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EvacuatEOni The fire c~~de~ official,or the ~fbuild~n offic~ai ~n charge of
' ~ an incident. shall be ~author~d to order 'the. ~ immediate. evacuation of and
occu' ied buildin .deemed unsafe when such ~buildng',has~ hazardous conditi~ns~ - , 9A - /
that present ~mm~nent da~tger to. I~u~ld~ng. occupants; Persons sa notified shall .
. immediate{ leave the ~structu~e er~ premises and shalln.ot enter or reenter until Y . i
authorized to do. so ~y the f re cede official ar ~tha #~e~bu~ld~n af~~ial ~n dhar~e Qf .
the incident. ~Drdi 5~D4 ~ 8,.~aDl; Ord. 5874 ~ 4~~~fi}, ~oQ4,}
Section ~ D. An~end~ment to Ci Code Section ~ 5,o8A.D1 ~ of ~he~
Auburn City Cade is~~amended ~a~s.folloWS: . ~ . ~ .
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Ordinances No, 5310 ~ ~ -
May ~8, 201~D .
Page 2~ of 3l
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15.08A.011 Ada tin ~f international ~uildi.ng Code. p
The ~Ofl~9 International Building Cade as adopted and hereafter amended by
the~~Stete Building Code Council, and included ~n Chapter 5~~5D 1~AC, is adopted buildin~ code off the cit ; . rovided, that the amendments, deletions and as the g ,y P .
~ ~additians thereto as~ p.rovi~ed in this chapter. shall govern over .the published
revisions of the international Building Gode. {Ord. 51 ~4 § 9, 2DD7; Ord, 5874 ~ p
5, 2404,} .
. ~5eGtion ~ An~endmen~ to Ci Code. ~ ~ Section ~ 5,08A,02~ af~ the
:.Auburn City Code is. amended.asfollows:
~ . 1:~.~8A.Q21 Appendices adopted.
~n ~ tio~nal B~uildin ~ CQde A endix Chapter E, Supplementary Accessibility l rater. a . pA . " A .endix ~G~ha ter H "Si~ ns," A"endix Chapter J, "Grading,"
. Requ~r~ments, pp ....p . 9 . Pp . endix Cha ter M 2DO~9 International Existing Building Gade," ~ are and App p
he~eb '-ado .ted. {ord. 604 § 1 D,. ~QD7; Ord..58~4~§ 5; 2D04.~ . . Y p
Amendment t~ Ci -Gode. ~ Section, ~ 5.32.O~U of the 5ect~~n 1 Z.
Auburn City Code is .amended as follows:
15.32.410 Addi~ianal prdvisiQns adopted.
In addition to the ~ ravisi~ir~s~ of the latest adopted Uniform. Sign Gode, 1994 p
;~,there is.~ adopted by reference and in~carporated in this Chapter by this
~referen~e~ Cha ter 18.55 ACG entitled Signs.. {O~d. 4777 ~ 2, X995; Ord. 4559 ~ 2 . P .
. ~ ~ {~xh: A~, ~ 99Z; Ord, 4355 § 2,199Q; Ord. 4~ 89 10,1985.E
' - 13~. Amendment to Ci Cade.. Section ~ 5.35A.D1 of the 5ect~~n
Auburn City Cede is amended ~as follows:
15.3fiA.41~1 Adoption.
n ~ Tonal Fire Gade 2x459 Edition, as published by the International ~'he Inter at . ,
Code Council, as amon~ed in G~iaptar 51 ~54 ~V1fAC, effective July ~ , 20710, . ,
tv ether with amendmen~$~; additions; and deiet~oi~5 adopted in this chapter,
. ~nclud~n A pendix B Fire Flow ~R~equ~rem~nts fior Buildings, Appendix C, Fire g p
H drant Locations and Distribution," Appendix Q, Fire Apparatus Access Roads .
and Appendix E, Hazard Categories. , ~ ~ . ha ter' 15.38A ACC.and this chapter shall be.cantrvlling within.th~ C p .
`urisdiction of the city. The m~~u~acture, storage, handling; sale, and use df ,
~ ~ ~ ~ ~ 2-~ 7 ~lVAC ~ . fireworks shall be governed by Chapter 74.77 RGw and lay Chapter 2 ,
.and Cha ter 8.24 ACC, Fireworks, consistent with Chapter 21217 ~IU'AG. {Ord. p .
. . 51 Q4 § ~ ~ , 24D7; Ord'. 5874 ~ '1 D, 2004.} .
ordinance Na. fi310
May, X8,'2014 ~ ~ ~ .
Page 23 0~ 37
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ecivn ~~4. ~end~r~en~ t~ ~ Cede. ~ Section ~ 5/3~A.D3~ o~ the
. Au~.urn C~ Code is amended as ~n)lows:~
tY
~ r 1 i w 1 1 t! .Cha ~'te~ ~ o~ the ln~ernatianal~ F~r~ Code, entitled Ftre Service Features, . p .
. adapted. with the fo[lo~uri~ am~ndmen~5,, ~ f r ~ s r
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. ~rd~nance Nal fi310
~1ay ~8, 2Q1Q ~
Page ~4 of 3~
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~ aratus Access Roads - Markin~~. _Sect~vn 503: of the lriternat~onal .~A. Fire. App ,
Fire ~~vde entitled "Fire Apparatus Access Roads," is amended by , ~ - ' ' addin the following subsection; .
' , Fire a aratus access ,roads shall be marked Sec. 503.3 Marking . pp .
essa ta~ maintain the unobs#ructed minimum required whenever nec , ry - . .
width ~af roadwa s, Subject to the f re ~ code ~ off ic~a! s pnnr written . y
a royal, marked f re apparatus access roads, or , f re lanes as Pp fished or relocated
defined i~n section 5D~.~ of the code, may be estab .
' 'of !an review, re-canstructior~ ~ site inspection, andlor at the tlme p p
~st construction site ins ectian aswell as any time during the life of . pa . , p ,
the occu anc . ~nfy thane f~re apparatus access roads established P Y . , -
he fire code off vial can utilize yellow marking pant and the term . by t - ,
"f re lane, Fire ~lane.s, shall be marked :as- directed 'by the fire code
official in accordance with: ABC 1 D.3fi.'i 75. ' ' ~ ~arat~us Access.Roads Marking, Secfiion 503 of the International
Fire AAp. . Fire fade entitled "Fire Appara~~us Access Roads;n is amended:r by
r, ' , , addin the fotiowin subsectivn..wih the following; t
materials and methods:. The fire code official Sec. 503.3.E Alternate
ma modi , an a case~bywcase basis, any ~f the marking provisions Y fY .
M~~w~vwM~a.MA~~ww~w~MMM ~ ~ 1 ,
Qrdinance No. G~4 ~ ~ ~ ' .
May 28, 24~ 0 '
Page 25 of 3?
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. ~ ~ . ~ ~ ctical difficulties exist. l~odifcation . ~ ~ ~ . ~n this subsection :503.3 where pro
submitted in writing to the fire code affic~al setting requests shall be .
Earth a su ~ e~ted alternative. 9g . .
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~ ofthe~ ere Re ~ u~red, Section 54~?
tC. Fire ~rQtect~on V~later . Supplies VVh q . ~ . ~ ' ~ " 'ire protection water Suppl1es~, ~s amended by .
lnternat~onal Fire ~Ct~de; , entitled ~ bstitutin ~subsectvri~50~?.5.~ with the following.... . , ~ . su 9 . buildin ~s or~ structures shall be
Sec. 51~~.5. vl~here required. All . g
' ~ ere. is at least ~ hydrant within '154 feet, and no . loafed so that th m a
R - ~ 'ldin ~ or structure is mare than 3D0 feet fro . . port~an of the bui g .
~h drant, as r~easured by an approved route. ...y , Section 5a~~~ of the International .Fire . ,
. ~D. Clear space Arountl Hydrants ~ b subst~tutin
~ ar S ace Around Hydrants, ~ is amended y g Code, entitled Cle p .
subsection ~0~?.5.5 vuith the fio,llawing; ~ .
~ ~ Clear s ace .around hydrants: A ~~foat char space Sec, l~Q~~'.5.5 p.. n s exce t
. aine~ around the circumference of f re hydra t p . shill be ma~nt .
s othen~rise re aired ar appro~red. a q
Ord. 5~~~ § ~4, Z~04.}
t to Git Gods. Section ~ 5.34A.D~~ of the .Section Arnendmen ,
. Ci Code is arnerid~d as follows: : ~ . Auburn .
p ~d Housekeeping and . p~ pyy ®~:04~1 Sections .~03 , and. X345 amend ~1~x~W~ ,
. ~ maintenance.
s S eculat~ve Ilse warehouses.. Section 9D3 A, Automatic Spr~nkler~ System , p ~j ~ ~ s ~ is ~ . - ~ ~ ''r Cade entitled .Automatic Sprinkler System ,
. of ~ the International . F~ e ' ~lowin 'new subsections 9D3.Z.~g.3 and 9Q3.7:
. amended by adding the col g Vlihere the occupant, g03,~:~9:3. 5 eculatve use warehouses.
Sec. p di has nvt been ruse of ~the~ building or storage commo ty
. tenant, o
Ord~na~ce No. fi3~4 ,
Page Z5 a~ 3l
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determined or'it'is otherwise a s .eculative use warehouse or building, . P
the automatic ~ 'sprinkler system shall be designed and installed in .
accordance with the fallowing.
~ ~ , The desi n-area shelf ~be not less than ~,ODa square feet. , g ' ~ ~ ~ The; densi. -shall . be' not less than that ~ for class lV non- '
~ • .encapsulated. commodities on wood pallets, with no solyd, slatted, ar
. wire mesh ~shelvin , and~'with aisles that aro ~8 feet or more ~in width . 9 .
• and up to :20 .feet in height. ' ~ - ~
. ~ Sprinkler~~ piping that is .4 inches .and larger :i~n width shalt be used ~ - .
- ~ . and the structural engineer- of record shall provide written verification •
. , ~ approving of the point. and dead loads. .
. ~ ~ sec; ga3.~.: Automatic sprinkler riser rooms. ill automatic .spriinkler ~ ~ ,
~s stem risers .shall be boated in~ a dedicated roam with an exterior -
door,. ~ light~rig and heat: This requirement shall include any NF~A ~ 3, ~ .
' ~ - ~ ~~3R and ~ 3D s stems which sei*ve. ma.re~ than one } duelling unit or - - Y
. unit of-occupancies.
• ~ E~CEPTION~, 3D single family dwellings, or Tawnhomes -defined . ~ - . • ~ within the I,RC..~ ~ ~ r ~ ~ ~ ,
international Fire ~ode`Section ~~Q5 is amended to read as follows:
. ~ ~ ~ , 23Q5~.~.~,~ Signage:
Facilities desi ~ ned~ in accordance with this •sectipn shall include the g .
- ~ ~ a propriate signage has :shown ~beldw}and shall ~be~ properly posted.
.1~ ~xarnple of approved .signa~ge. required for use of Section 2305,E
6LACI~ LETTERS tTwQ INCH HI CHI
. ~ ' ~ ~ '.NCB ST~C~IN~•~48~1~E~THI~ LINE . • ~ .
~
~ ~ ~~~ER ~FTHE FI,F].E~~AI~~H~1L . ~ WHITE
PANT
- - RED LETTERS RED STRIPE•
~T~~ INCH ~ a,~t,P', . .
t•' '
~ .This ~si n must be~ ~ • acted . riot to 'building being fxtured and - . ~ ~ g .P p
. ~ ~ occupied. ~ ~ ~ ~ ~ ~ .
. ~ Mount signs at ~ 50'0"~ on all malls starting X5'0" from any .
exterior corner; also on t~o~sides of each calur~n,~
• ~ 3. Si n~a a required on end of racks, if~installe~d:. ~ ~ . g g .
4..1n accordance with the International F~re~ Cod~•as amended. ~ -
Ord. 51 D4 ~ 2a0~; Ord..~S?4~ § ~ 0, 2D~a~.}~' ~ ~
wM~.rwwwrMFy/.IM..~Maa.wowwlrra~wa~w ~
1 ~ - Ordinance No. 6310
May X010 ~
Page ~T of ~ 3?' ~ ~ .
• ~ ~ ent ~a ~ Cade. .Section ~ 5,~6A,g9~ of the . . ,5~ct~an..~C. ~men~rn ~ ,m
Aubum ~Ci Cade ~is amended as'tallows. ~ ~ ~ ~ . tY
' ~ .A,~9~ 'Fine. alarm and e~ectlon s~sten~a.
- A. ~~inte~natioinal. ~i~e fade chapter 9 is ai°nended to read as tollows. ' their components shall
.,~.~3 ~ ui merit: ~E uipn~ent:.systems~~aind : .
' be~ listed ono a ~:rvved'for which they were installed. All new systerns Pp d
shall beaddressable. each .dev~ce:~shall~~ have its own address an . ~ ~ . ` ual~ devica addresses at UL Central Station. . annunciate~~ndiv~d
' ?,~.~4 Fire Detection 5ys~erns. In ad~itian .tQ .any~requirement of ~9,0
. ' ' ' ~ g7,~ or 9Q7.3, all occupancies exceeding' 5,DOg square feet gross .
' ~ ~foor area shah be' requEred to provide a.n. approu~ed automatic faro
' ~ ~ ~ etection~'s stem. Fire ~valls as ~def n~ed: ~n~ ~~5.3~A.o1 ~ ~A~ shall not. be
idered to se Marate~ a building to enable deiet~on of the required , cons p . ,
. ~ ~ ~f re detection system, ~ ' , ~ ~ ~ .
~ Grou "U" Occupancies. ~ p
cu ancies rotecte'd thraughout~ ~ by~ an approved man~tored Oc p p
automatic s ~ rinkie~~'~:system may delete heat~~:and smake~detectors p . from the system. ~ ~ ~ ~ ~ ~ ~ '
' ~ ~ 3 one and Two .Farnly~ residences. . '
. ~ . ~ ~3 Visible .Alarms. risible alarm notifcation shall .be .
o~danc"€~ with Sections 9~~.~,2,3~:~ through . ~ provided ~n acc. -
~ ~ ~ . risible alarm notifcation shall not. be required .in none .
blic accessible .storage areas in and~:~2occupancies p .
, ~ ~ or other ~appraved areas. ~ r
,~,3.~ ~ Public arid' Common .A~o.as. ~~~i5ibl~ and audible gg - .
r-m notifica an a ' lances shall be pra~ided ~in public and Gammon . a a pp.
' ~ areas as defined in ~o~tion ~.5.3GA;oB~. ' . .~.3.~- ~ Em to ea Ultork ~Areas:~ risible and audible ~ .
. rm notif cation a fiances sham be provided ~n employee .work . ala pP
areas as defined in Section 5:36A.08~.. ~ , ,
. is .~ha tar ~ a "f re wall dire .bawler " or. "hari~ontal . , . g .For ur oses_ of th . .
ssembl. „shall not. ~be:.ooris'idered..to se ara~e~ a .buildiin sa as to oval t e a. ~ ~ ~ ' . ' ~ ~ ;_~1.buildin .shall have a
re uir~d autor~at~~c~ f~r~~a~arm and::~otect~on .s.'stem .
' ~ ' tarice~ ot'five ~feot~ from an ~ aint of~the~:buildin to. an airit~ of . m~n~mum des a.
. ~ :buildin and from the ra a line ~n..order to. be considered ~ . another .
se,~a~a~e~buildin
. ~ ord. ~ ~ 4~ § ~ ~4, ~ga7,.~ ~ ~ . . .
~ .
Drdiriance No..~3~a~ ~
1 Page 28 of 37
• . ' ,
. ~ Sectian ~ 5.38A.021 of the
5ectlon Amendment to C~ Code. , .
~Cit Code is amended as follows: Auburn y .
~ 5.38A.D~7 Genera~~. . . ~ ~ ~alled in accordance with , at~c .~f re ext~n ~ u~sh~ng systems shall be.. inst ,
. .A. ~Autom 9 ~ -offeial and fire vde . ~ ~ . ' ter armor as approved by bath the bu~ld~ng this chap
. :a~ ~ ire extin wishing . k used ~ in connection v~ith automatic f g . F~~re hose threads he fire
' standard hose threads or as approved by t systems shall..be nat~on~l .
. code official, ~ ~ ~ Gated within ~D
de arkment hose cannect~ons shall be lv . C, The location of f re p l and the
oser than ~ f ve feet of an approved water~.~ supp .y ;feet of and nQ cl • ~ ess roadwa as the .
. located an the same s~de~ of the .fire acc Y . . connection shall ~be ~ ~ ~ cade official. raved by the fire
iced water su ply and must beapp - . . ap~r° - p - ~ 'e shall com l with the fire
. ~ ' used for hi h piled combustible storag. P y . Q. Bu~l~~ngs g 35AACC.
' irements..af the .fire cade and Chapter ~.5.. , . pro#ection requ al hazdrds~ see the fire cvde~ and bu~ld~ng .
. B, For =additional. provisions on .sped . } ' ~ ~ re-~ uirements. Ord. 5~?'4 ~ 1 244.
code for q
action ~5.3~A.041 of the . . ~ Amendmentto~C~ Code. S . 5ect~~n
AuburnCi Code is ame~nde~ as follows: ~ .
.
- . ~ ~ ~ ~ ~.3~A.4~~~ Application. • ~ fined in an
. ~ ' hin ~ .s. `stem shall, be ~nstelled and n~amta . . An automatEC f ~e ext~ngu~s g y r
' ed in this cha ter in~the follovtiring locations: . . o arable cond~ti~n as spea~fi:. P de uate .p ~ t have ade uate fire flow or~ do nat have a q . ,
. A. All 'buildings that ~o na , q rmined b . ' s as re u~red ~n~the fire code and as date . Y .
. emergency fre ~vehjcle acres. , q
- ~ the #i re ~~.=cade. official... ~ . , . and G~ou U, ~ . D1v~s~an 3 p
s exce t those .classed as Group R, . B, All bu~ld~ng R
when: ~ ~ are-feet~of~floor area, or is higl~e~~ - ~ .The building has.mere than ~ D,D4U squ
• ~2.54~D~~ ~ allons per minute of fire flowin ~ . . than ~34 feet, or requires more than ~ ~
onal Fire.-Cade A endix ~"B,'. acco~dance.w~th Internati ~ ~ ~ .
. ~ ~
.
. . , . , ~ ~
' ~ ~ ~
, y ~ r•
. ~ i
rMfMwr~M~wAV.rMwMMAa~Mw/.~MarMyiM'~MMw , •
Ordinance Na. X310 ~ ~ ~ . May ~8, 2D ~ Q .
gage 2~ of 3l .
r '
s oars feet of Group 'l in s ~~hat cvn#a~n more than. ~B,~D~ q ~C. Ail buy d g
. ~ occupancies~and in: ~ ' ' vccu ants who
' _ ~ ~ ~ l rooms used primarily f ar enterta~nNng P ~ . All A Z assemb y n ~n unse anted
. ~ . ....Ilc or nonalcoho[~c beverages or d~n~ g R are ~ cansum~ng alGOho , , ~ feet. For uses to be
~the.to~af floor area ~s more than S,O~D square . areas where ~ ~ l not be less than a one~hour
ed se anted, the ~ Separation shal cans~der p 'din code: .
nc se aration~as. def ned ~n the bu~i . g occupy y .p .
. r ~
~ ~ ver a stairway in group A, . ~ , ~ Z. All ~encla'sed .usable space below ar o . 4/~ q . ~
Divisions 3, 4 and 5 accu.panc~as~ , 3. ~~Il amusement. .
. . . ~ ~ ~ ~ re'feet of.flaar area and
t those that are bo#h less than 1,ODa squa . , . bu~~d~ngs excep . , . ~ • i ss~than 5g feet.
~ ~ ' train[ distance fram any pa~nfi that is~ e. ~ . . ~ ~ ha~e.an exit the t~e~ and fl gailer~es, and ~n al[ .
Areas Under rpvf and gridiron, ~n Y ~ . ~ ~ over and w~th~n the permanent .
. ~ces ~b.eh~nd the ,proscenium .wall of stages., .pia . ' SD0 ~s ~ oars feet in area; and in dressing moms,,
,lat~ornis that are more than q ~ tfarms with the . . ~ ~ ~ , p ~ s accessa to such stages .ar ply,
~ warksheps and sfigreraam . , rY .
exce Lions rioted ~e[aw. ~ ~ ~ . ...p ~~cept[ons. ~ ~ ~ ~ re feet 9~.9 m~~
• uired for sty es -~,UDD squa ~ , a. Sprinklers are not req g ~ ~ ne
. 2~~D mm or less in~ height where cu.rla~ns, sce ry ' ss ~n area and 50 feet ~~5, ~ ` le
°r le of retractable vert~caily. ~ambust~b . or other combustible hangings are n . ~ . and a sin le
• ~ ~ ..a :.sin le main curtain, borders, legs 9 hangings shall be l~m~ted to 9
backdropt ~ ~ Zug rnm in clear height ~ .
real less than four feet, , . ~ . . ~ b. Under stage a n the ~~ns~de with fve~
` . or chair ~or table storage and lined ~ used exclusively f roved a ual.
• . ~ m T e ~ .gypsum- wallboard or an.app q eighths~~nch ~~fi m ~ YR .
. y ~ ~ ~M' ~ i
• ? ~ .
.r
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~ ' • ~ • ~ ~
I ,
• ~ ~ , ~ . ~ ~ F " , 1
. ~
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. r ` ~ r .•e. .
` ~ • a .e .
r~swrrw.r..~rwww+F+..~'"rr~..rtr~r..w.w.ra.~.. '
D~rd~nance No, fi~1U ~ .
Clay Z8, ~q14 page 30 of 3T .
r
.
, ~ . 1 s ~
. • . . . ~ . ,
~ ~ • ~ '
. fVM~ ~ ~ • ~ ~ ~
' ~ . ~ ~ ~ ~
~ _ ~ a ■ •
~ r • ,
~ ~ . ~ ~ -
. I
~ , ~ ~
t , . . , • ~ ~ ~ . . ~ ~
1 ~ ~ ~ r • r , s
. ~ ~ ~ ~ ~ i ~ ~ ~ . -
~ ~ ~ ~ . r
~ ' ~ ~ i• , .
r , ~ a ' ~
- ~ . ~ ' ' ~ . , , ' . ' ~ • ~ ~ airs. For the urpose of this chapter, any ~ , . ~D.- Additions-, .Alterations and Rep . P
~ es~ the. character of the. occupancy or use, and. a#tera~ion ~i'~ repair ~whECh Chang ith the
: ~ ~ life safe or structural hazards, shall comply w . which inpreases the fire or tY .
. ~ this chapter and; ~ , . . re~direments ~ . ~ ~ ~ ~ ~ ' th t
' ' ~ that ~increasa the floor area of 'a bu~ld~ng~ shall re~u~re a Any addit~ans .
' uildin com 1 with~~this,chapter; and , f . - the entire b ~ , p y , ~ldn official and the fire
ese determinations, shall be made by the bu g . . Th .
~ ~ code ofl:icial. ~ ~ ~ . ~ ~ ~ . , . fier a "fire gall . fire barrier or horizontal
. Far ur oses of this Gha r ~ ~ ~ red to ~se arate a. buildin so. as fio- avoid the .
assembl shall not be conside ' ' um 'c fire e~tir~ uishin s stem, A buildin shall .have a minim -
re~ wired auto~+ati ~ of. another buiid~in we~ feed from ~an - oi~nt of~ the build in ~ ~to an Dint ~ .
.disfiance of fi rate buiidin . . m the ~o a line ir~._ord~r to be ccnsidered a s~ a, - . and fro ~ ~ he.~buildin and fire codes, all .
Flans In addition ~~o the. requ~remerits in t g
F' ~ ms includin spriri~ler system ex~~nguishing~ syste g ~ ~ . plans for autarnatic fire ~ .
. , . r the stain and signature ~ of a INashiri~ton State . . underground piping shall bea p .
' by is re - istered as qualified i;n fre protection engineering, . .professional engineer w 9 hi~n ton State Fire
' a certified ~s ~ ri~nkler contractor .through the 1f11as g . or registered as p
or ~as a roved by the~f re s#~efcode official, Marshal s ~ff ice, pP _ , ~ irements contained .in
. ~ . Canflict.~ In cash of~ conflict between the .re~u . . ments of this chapter shah
ter 1 b.~SA ABC and this chapter, the reQuire chap ,
~avern.and revail, ~~rd. x.814 § ~pD4.} , _ . g p
' ~.N.~.r~~.w~~r~~r~.r~r.ww~•w.rrwwr~rr
i~rdinance No. X31 D . May 28, 2D1D
. Page 31 a~ ~ .
~ ndn~ent.to Gi Code. Sectian 15.35a.a5~ of the Sectx~n ~ Ame
~ Auburn City Gade~is amended as follows:
~ Auton~tic~s rrn~ler s stems•,~ p~e~u~ative use warehouses. ~ ~ .3A.o5 p Y ,
~//~+yy+coon }943 of the International Fire Code,, entitled "Autarnat~c Sprinl~ler . SV ' e y Y ~
~ stems," is amended. by add~ng.the~folla~mg nei~ subsection 9fl3,~.~9,3, y ~ h re the occu ant
' Sec. ~943.~'.5~.~ Speculative use warehouses. tIV e p .
~ ~ ~ tenant or• use of the building or ~ stara~e commodity has not been . , determined ar it is ;a~her~iise a speculative use ~arehause or building,
the automatic springier system shall be designed ,and installed in
. accordance• ~ith.~the •fol lo~ri ng:~
,The design area shall be not less than square feet. .
z, The ~ density ~ shall. be not less than .t1~at' for class' non
• . ~ enca sulated commodities on wood pallets, with no solid, slatted; ar p. .
' ' ~ aid with~aisles that are S feet or mare ~n~ ~r~dth . wire mesh shEfiv~n,g, . ~ , ,
• ~ ~ and u ~ta feet inheight. r' ~ ~ P•
S ririkler . ~ •i .in that .~s~ 4 inches and larger. ~n: width' shall be use~~
and. the structural engineei'~.af retard shall provide written ver~fcation
~ rovin ~ .ef the paint and• dead loads. ~ ~ ~ ~ ~ . . pp 9 .
. f
ect~an Z~..A~nemdrn'erit~ to G~ Co'de. Sect~an ~ 5.44.04 of the •
,
. uburn•Gi ~ CQde is amended as follaws; ~ . ~ ' A . , ty . •
1~r4o.4~U aefMn~#~o~s.
. For the~~ u ose of this chapter; 'the wards set aut~ in this section shall have• the .p . •
fallowing. meanings. ~ • ~ ;
. "Combina~ian'•~ hotoel~ctriclianization detector". means a smv~e detect~an . ~ . . A p. ~R
' ~ . device c~anfiaining both~an ~ont~at~on and a photoel~ctr~q el~ern~nt. ~ . ~ , , ~ ,
• . ~
,
* F• ~ ~ ~ ,
.t . .
. ! • ~ ` ' ' ~ r ~ ~
. ~
. •~B. Facto Built. Haus~ng;. For the ~purpase af~ these rules, , factory built. , rY . ~ ~ ~ .
housin " is considered as~~arij~ at~ucture designed pr~mar~ly for human occupancy ~ ~ • , g is either entirel • dr..
other than a mobile hams,. the structure of any. roam of which y
bricated ar~ assembled ~at a ~ ~lace• other than a building site,. and .substantially prole , . . p ,
' ■w~~+++~w~~rrrrr~rw..~.w r..s~w.ww~,sr •
• ~ Ordinance Na. fi3~ 0 ~ ~ ~ ~ ~ ~ ' ~ . May 28, 2~ ~ ~ . ~ . ~ , , . •
Page 3~ of 37
which is subject to re ulation~~ b the 1Jllashington Department of ~.abor and . ~ ~ ~ Y
lndustnes pursuant to RCVi~ 43,Z~.~5Q through ~3~.2~,4g4. .
Grvu R ~ccu ~ncies. ".Crou R occupancies" shall have the follo~ving p -p p
~mean~ngs: - ~ .
~rou ~ R, . Division. ~ of the .~.lnternational Building Code, guest p
rooms and dwelling units,.
. ~ i;e., hotels; motels, apartments and Gondvminiums; - ~ ~ ~ . . ~rou ~ R Di~rision 3 of the~~~ife~-International wilding bode, dwelling
. p , r . ~ ~ . ~ ~ units, i.e.,:du~lexes, single-family dwellings and`.lodg~ng houses;
. 3. ~llobile- home dwelling units.
"Ionization detector'' means a smoke, detector device which activates in
response to invisible particles created ~by combustion. ~en~itive to alien flame
fire.
. ~ Mobile Home. ~ For ~ 'the - purpose .of. these ~ rules, a "mobile home" is ~ ~ ~ .
considered as a factory~assembied .structure ar structures assembled with the
necessa service connections and made sa as~ ~a ~ be readily movable as~ a unit . . rY;. ,
. ~ or units ~an its ~~the~r~ o~vn, running gear and designed to be used as a dwelling .
- ~ unit .virithout a -ermanent foundation, and which,,~is. ,subject to regulation b.Y the p. ~ -
- ~ ~lvashin ~"ion De artment of Labor and Industries pursuant to R~IIU 43,~~;34Q . g p .
thraug.h 43.~~.434.. . ~ ~ u .
...t
. .
' ~ ~ •
. ■
-
ete.ction device" means aself-contained . alarr~ for detecting ~F. Smoke d .
visible ar invisible~~ particles. af~~ combustion, uvhich consists of an assembly ~of .
- electrical cvm ~ onents including a smoke chamber., alarm sounding appliance, . .p .
and provision for cannecti~ri to .a power supply. source, ether by splice leads or a
cord and ~lu ~arrangement'or containing integ~al.batteries. A supplemental heat p9 ,
-detector may be included as past ofthe appliance: Terminals maybe rn~Iuded for . onnection~ to a reri~ote,. audible. signaling appliance or accessory. Anintegral
- ansm~tter ma ~ :also ba ~ricluded to energize ~a remote. audible signaling . tr, y .
. ~ a fiance. The smoke detection dev~~e may Vie, of the photoelectric andlor ~ . . pp
iorrization~ type. hard, 4~10..~ ~ g88.~
ion Z1. Amendnt~ent to fit Coda. ~.:Sectian ~5.4Q.Q3~ of the sect
Auburn Ci Code is amended. as'follows~
,4n~03D Conformance wt~i ~nationaliy ac.capted standards. ~ - ~5
• r..~rawrrw~swwrw~+.r~.+.wNww~+'~~~'"'M + - .
a~dinance No. fi3~ o ~
~ag~: 3~ 'of 3~
. ~ F ~ i • f
• ~ 1 ~ ~ '
Ail smoke detection devices shall ~ be designed and ~~~manufactured in
canforrnance with. tl~e requirements of Underwriters Laboratories, Incr Standard
,and
shall be approved. or listed for the purposes for which they are intended. ~Crd■
4~74~~ 3, ~98~.~
Section : ~ mendment~~o i ~ G~de:~ Section ~ 5.48■44~a of the ~ • 'W'
. Auburn ~i#~ Code.is amended. as follows: ~ ~ ;
. ' - .~.A4o Permit ~ pplicat~~n Farm. ~ .
, ~ Th~e,applicatian shall be made i.n ~iriti.ng, upon forms prodded by ` .
. ' ~ :the Plannir~ ~ Devela ~ ment ~De ~ ar#ment,;and shall be filed ' . ~ .
. ~ with : ~t>~e Plannin ' ~ ~ De~ela ~ ment De artment. ~4rd. . . ~ p .p
. ~ ~ ~ ,~~5s ~ ~ g~4: ~ code ~ a~a~~A}.~~ ~ . ~ '
~ ~ ~ ~ ~ 5e.ction 23. Annendment~t~ Ci Code, Section ~ ~5■48■Q8~ of the
' ~ . ,Auburn City Cade is amended as follows: ~ ~ . . ,
15.4S.~~D Permit: Applc~itt~ni ~-Insurance cer~ifcat~ accan~panying. . .
The applicant shall file with .the Pl~anr~'ir~ Develo meat . . ~ ,De.e/~'artment .a cer~if cote satin that the sCit~' is included ~~as ~an ~ additional ,
nimi■unr.irr~rrw.w~r..i wr ~ ' ~ ~ insured an the~appl'rcant's~pratective~public liabili~i insurance, providing for.a.limit
. of nat less tha~~~E$~D,QO~ for a~1.~damages~ arising out •of~ bodily injuries to vr. death y. . ,
of Qn~ person in any ane' accident; OD,40D .~~r two :or~~more persons injured in
an ~one~accident, subject ~#v $5Q,aD0 for each one,; and shall also provide for
. property: damage ~I~ab~lEty insurance ~prov~d~ng 'for a l~rn~t, of ~not~ less than $SD,DQD ,
far alldamages .arising' o;ut of ~ injury to ar d~.~tructian, of property in any' one ~ .
1 ~ aocrdent■ ~Crd. 2$55 § ~ 914; 957 code ~ ~■~4,D~~{C}~3},} ,
~Sectian~ ~4.. At~endmen~~ ~v Ci Gorier ~ ' ~ Sectivn~ ~~5■481 ~ 0 of the ~ ' ~ s
Auburn Ci Code is .amended .as follows: ~ ~ ~ ~ ~ ~ ~ ' tY . , . ,
~.~.4~~.~ ~ Q Permit ~roun~s for refusal. ~ . ~ ~ ~ .
. ~ ~ The building ~~:official~ shall refuse ta~~issue~~a permit if tithe official .
. '.finds that: ~ , ~ - . , ,
~ AI Any application requirement ar any fee or deposit, requ irement has not been
complied ~vith; . ~ . ~ ~ ~
B,•The building is too' large to,~move without endangering persons or property in ~
the city ~ ~ ' ~ ~ ~ ~
. .
r.■rrsrvrr~rrrr..rw
~rdinance'No. ~3~0
. ~ May ~B, 2~~0 ~ ' Page ~4 of 3l. .
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t
C. The buildin is in such a state of deterioration, disrepair or is otherwise so . • ~ L .
structurally unsafe that ~t c~auld not be moved w~thaut endariger~ng persons and
. ~ pr~pettY' in the city; ~ ~ ~ . D. The buildin is structurally unsafe or unfit for the purpose.~for which moved,
g if the removal location is~in~the~ci~y; ~ ~ . ' . .
E. The a lica.n~'s ~ e ui gent ~is unsafe and persons and proper would be . p~. ,
endangered by its use;. ~ ~ . .
F.'The zonin or other: ordinances would ~ be violated by the building in its new 9 .
location;
. For an other reason ~ arsons or property 'in the city would be endangered Y .p
b the movin of~the building. ~.~rd. 2556 § X674; ~~57 node § 2.~4,~46~5}.} Y. g
Section Z5. ~ Amendment to Ci G®de. ~ Section 15.4. ~ 2~ of the
. .
. ~ ' ~ A -Auburn City Gode ~is.am~nded as follows: ~ .
. ~ ~ ~ 5~4.5.12~ Permit Fees de asits and insurance f led with city clerk. ~ ~ . ~ ~ .
p . A. Deposits. The ' ~ ' , s~~-Plannin &Develo ment De a~ment shall ~ .
. ~ deposit atl fees and deposits and allinsurance policies with the-city clerk. ~ .
S. Return u on Nan'rssuance. a~ln the ev.~nt that the ~Plannin & p _
. ~ ~ ~ Develo ~ ment De ~ artment is~ unable to issue a ~ permit; ~ tho ~ .
~ .Deµ~~rtmerit~"shall~~return ~a thew ~plicant all~~insuranc~~ policies submitted, Permit p
. ~ ~ ~ ~ fees .fled Frith ~~the application shall not he ~ returned.. ~Qrd,2856 ~ 2, ~ g74; ~ 957
code 2.1~4,o4o~C}.} .
S~ectian Z5. Amendment to Gi Cady: Section ~~5.48. 3D of the .
Auburn Cit Code is amended as follows: Y
~ a.48~~ 34 Designations ~of~ streets. . ~ - ~ ~ ~ . The ` ~ .Plannin &Develo merit~De artment shall procure from
the en's-Public Uyorks , ~ ~ De artme~„nt a list of designated streets .
over which the ~ buildin ~ mss . be moved. 'The ~ ` ~ Plannin & .9 y
Develo - menu De artment.shall have the I~st approved~.by the s~Ch f of ~ .
Police and shall re ~ roduce fhe list. upon the permit iri writing. In making their p
determinations, the ' eels-Public yllork5.. ..deoartment,,and't e
Chief of Palice.shail act to assure maximum safety to persons and ~ ~ ~
ro ~ert in the city and' tQ m~ni.mize conges~~on a,nd ~traffc hazards .on public A p Y
. ~ streets, ~~rd. 2$55 § 2,1974; ~195~ code § 2.14.~46~D},} .
Section 27. Amendmenf~to Gi .Gvde~. ~ Section ~5.45.~4D of the ,r~ ~ : ~ . .
~i4uburn City Code is amended a5~~follows:
ordinance NQe ~3~a
. gay ~a~ o
Page 35 of 37
~a°`lr~ Prm~ttee'~d~~esr ,
very permittee under this chapter chaff:
' A, Move a 'building only over streets designated far such use in the written .
. ~ permit; . ~ ~
Nvtii~ , the. ~ ' ' . Plannin . and. ~Deuelo r'nent ~ De artment in . writing of ~a ' desired ~ change ~fn ` moving ~ date and hours -~as 'proposed in the '
application;. ~ ~ " ~ ~ ~ ~ : ~ ~ ~ ~ -
. ~ ~ C,.N~ti~r the ' ~ ' ~-Planning ~ Develooment.D~,parfinent`in writing ~ ,
' of an and af! dar~a 'e~ darina ~Q ~ ~ ra b ton' ~in~ ~ to the Ci .~~ithin ~4 hours alder • ' . . . Y g . p p ~Y D. g tY . . .
the damage ar i'njury has occurred; ~ '
' , , .la., Cause red lights to ~b~e ~d~isplayed during the nighttime ~n .every side of the .
building, ~ihife standing an a street, in ~such~ a mannar ~as ~to warn the public of the
obstrUCtion, and shall at all times erect and maintain ~ barricades across the
streets in such~.ma'nner as to prote~~ the public fron~.~damage~~or injury by i'easan
of the ~rernaval ~vf the wilding; : ~ . ~ . ~ . ~ .
E, Comply with the building ~cade,~ the fire done, ~~he ~onirig. ordinance and all ~ ~ . other applicabl~~ardinancesfand~ laws upon relocating the building in~'the city;
f=. Pay the experse~ of a ~t~af~f c officer if ordered ~y the ' ~ .
Plannin ~ & Develo rnent.. De art'mient to accompany the movement of the ~ ~ ~ .
building. to protect the publi~.from'injuy; ~ ~
. Rer~ave all rubbish~~and materials and f Il~all~ excavations to existing grads a~ ~ .
. the original building .sitesa,~.that, the premises are left in~ .a safe~~~and sanitary
condition; ~ ~ ~ . ~ ' ~ ~ ~ : ~ ~ ~ .
H,~See. ghat the sewer line ~is pCugged with a~.cancrete sfopper and the water . ' ~ ,
.shut off. Perrnittee shall notify the gas and electric s~hrice companies ~~a remove
their services. ~~rd. ~855~.§ .~,1~g1~4; ~ 95l code § ~ ~:Q50.~ ~ ~ -
. Section .~~r . ,Amen~r~ien~ ta: Ci Cod~~ ~ section 15:48.15a of the ~ ~ .
. ~ ~ Auburn City Code is amended as follows: ~ ~ .
~5~4~,.~~5a EnforGeme~n~ agencies: ~ ~i
The building. off vial, ar ~#~-the official's designee, pursuant'to the .provisions of .
' ~ Chapter x,25 ACC sha(I°enf~rce and carry out the requirem~ents~of this chapter.
. ~Drd. 450 ~ 1 x,1991 'C~rd. ~~~51a ~,19~4;1957- code ~ 4.060~A~.}
Secticn .~9. Re ea~led .~ecticns ~f Gi ..Codes ~ Sections 15.D7,o4o,
. 15,07,o7D, 15,07.1Z0,~ 1:5~.D7.1~40, 15.01,1.50; 15D5a.461, 15,35A.0~1, ~ - r r 1
. , 15.35A.451, ~5,~$~.~~~, ~5,~o.a5o~,1~.~a.oa~,~ aid 15,5a.a~o of the Auburn
. ~ ~ ~ ~ City Code aye hereby repealed in them entirety.
wwww►.wwa.w~.r~vrrrr..r~ww.n.w~w.~....«..r ~
~ . ' ~~dinance Na fi310 ~
May.,~B, 210
Page 3B of 37 ~ ~ ~ .
.
~ ' Se~~ion 3~~..1rnplemen,~a~ion. The Mayor is hereby authorised to
-
' . ~ ~ ir~~iement auch administrative procedures as may be necessary to carry out the , ,
. ~
- ~ ~dir~ctions of this legislation. ~ .
~ ~ . ~ Section~3~~ Severabiii The ~prov~sions~ of this ordinance are
. ~ declared:~to'be separate and severable. The .invalidity of~ any clause, sentence, ~ .
~ paragraph., subdivision, section or portion of this ordinance, or the invalidity of the . ~ .
application thereof to any person or circumstance shall not' affect the validity ~af~
the rem~Ender' of this ordinance, or the validity of its applicatian to other' persans
. .
. ~ ~ o~ circumstances. ~ ~ ~ ~ .
Section. ~3~. Effective .date, This Ordinance shall take effect and be .
~ in force. five : -days from and after its passage, approval and publication ~as ~ .
' i r~vided. ~by _law: ~ ~ . . p
- ~ Sul 1 ~ ~~1Q . . . INTRODUCED: - ~ . .
. ~ PASSED: ,~UL ~ ~
APPROVED: - ~ 1Q..
C ~U ~ ~ ,
ATTEST: - ~ ~ ~ .
PE ER B, LEVIIIS, MAYOR
Danielle E: Daskarri, City dark
APP V D TO F RM:
- e
- ~ ~ . ~Pubiished. ~ ~Id. .
Ordinance No. 431 Q ~ ~ ~ ~ '
. ~ May 28, 2n 14
Page 3l a~'37 ~ ~ ~ '
fi ~
^="may •;c~;,~'~n'•r rY
f r': r;`: j:%`f~Y ~ ."lti,:n y~ J. J~..■1~~ 1l[r~yTry
qpY f Y„
T~. Cauncilmmber Bill Pelota, Chair, Municipal Services Committee
Deputy Mayor Sue Singer, Municipal Services Cornrnittee
Cauncilrnember Jahn Partridge, Municipal Services arnmittee
~ Mayor Lewis
~'PM: Kevin Snyder, AICP, Director, Planning Development Department
DATA: October , ~g~0
SUBJECT: II~FRI~lATION D1CUIGN: Health a~ety Regulation of I~ultiWFam~ly Dvuelling Units
At the Municipal Services Committee's September ~ meeting, the Committee and staff discussed
concerns pertaining to the operation and condition of multi-family dwelling units within the City. At the conclusion of the discussion} the Committee requested staff provide information
on the regulation of multi-
farnilydwellings within the City, particularly in the area of health and safety slang with a report from the Auburn
Police Department on the number of incidents at different multi-family complexes within the last year.
The City of Auburn has different regulatory tools available to conduct enfarcernent of adopted City regulations
and standardsF The following is a surnrnary of same of the key tools together with information on police service
calls and pertinent state statute:
Service Call Data from Auburn Police pe~artment
At the e tember rneetin ,the Committee requested service call data from the Auburn Police Department
p 9 for the ten highest multi-family dwelling complexes aver the last months please find attached service call
data far the reporking period cf October ~OOg to October ~4~0 for Aspen Meadows [Exhibit ~j~ Auburn
Glen Apartments Exhibit Brittany Park Apartments Exhibit Continental Apartments [Exhibit 4], tCona Kai
Apartments Exhibit j, Meadows on Lea l--lill [Exhibit Bj, Park Apartments [Exhibit 7]a Sherwood Garden
Apartments [Exhibit 8j, Sierra Meadows Apartments [Exhibit 9a and Malley Manor Apartments [Exhibit ~ 0].
Chief Lee will be at the Cornrr~ittee's October ~ , ~g~g meeting to discuss this data with the Camr~ittee. i
i
General l~nforcement of Auburn City Code
Chapter ~ .4 Penalties far Criminal 1liolations~ [Exhibit ~ ~ ] and Chapter ~ ,2~ Civil Penalties far Violations}
[Exhibit ~ provide code sanctioned authority and procedures far the enforcement of applicable chapters and
sections of the Auburn City CodeF In general, the majority of the City's code enforcement action is conducted
under the authority of Chapter 'i F~. The City of Auburn currently has two full-tune code compliance officers
that work under the direct supervision of the City's Building official. These officers are generally managing at
any given time, up to ~~0 open case files of varying complexities. As such, the majority of the City's code
compliance efforts are by citizen or business reports or by observation of City staff. .
Health and Safety ~nforcernent ~ Title ~~uildings and onstruction~ and international Codes
Title ~ Buildings and Construction} of the Auburn City Cade contains the City's adapted ~ directly or by
reference -codes and standards pertaining to new and existing buildings and structures within the City of
Auburn. Title ~ comprises the referenced adoption of the international Lades also referred to as I-Lades} .
together with the adoption of regulations that are specific to the City of Auburn that are commonly referred to
as'ilacal amendments". RClly ~g,~7,g~~State building cads Adoption ~ Conflicts - opinions} directs the
adoption of specified caries pertaining to building and fire regulations standards issued by International Code
Council, Inc ~ICC}~ lC develops the codes and standards used to construct residential and commercial
buildings, including homes and schools. The l-Codes provide n~inir~um safeguards far people at hare, at
school and in the v~arkplace~ Tv da#, fifty states and the District of Columbia have adopted the I-Cedes at the
state or jurisdictional level. The lC issues updated versions of the I-Codes every three years,
The l~vashington state Building Code Council is a sta#e agency created by the legisiature to provide independent analysis and ob]ective advice to the legislature and the Covernoris Office
on state buiidir~g node
issues, The Council establishes the minimum building, mechanical, fire, plumbing and energy Cade
requirements necessary to promote the health, safety and v~elfare of the people of the state of 1lvashington, by
revie~ving, developing and adapting the state building Cade. The Council in spring 0 adopted and issued the
2aa I-Codes for the state of 1lvshington inclusive of the international Building Cade, the International
Residential Code, the l~niform ~iumbing Cade, the lnterntianal Mechanical Cade, the International Fire Code,
and the vvashington state Energy Cade Chapter ~ v~IAC}.
In Jul ~a~ a, the Cit of Auburn Cit Count appro~ied ordinance No. ~3~ amending Title ~ adapting the y y y Y
~0~9 IwCade along with local amendments that are contained Within Title ~ As part of #hi adoption effort, the ~~ag International Property Maintenance Cade eras also adopted. The Table
of Contents of this Code bock
is provided as an exhibit for reference [Exhibit ~3]. This Code provides standards, regulations, processes and
penalties for the upkeep and maintenance of structures and properties The Building official and code
compliance officers use this Code in addition to the other adopted I-fades to conduct Cade compliance actions
as vuarranted.
Ren~ai Housing Business licensing
Title 5 Business licenses and Regulations} of the Auburn City Code contains standards and regulations far
the conduct of business licensing v~rithin the City of Auburn. Chapter .2~ [Exhibit ~4~ contains regulations far the licensing of rental housing ~rithin the City. Among other things
this Chapter contains criteria far the
approval of rental housing business licenses, procedures for approval or disapproval, standards for license
reuocatian
Public Nuisances
Chapter 8, ~ 2 Exhibit ~ of the Auburn City Cade contains standards far the regulation and abatement of
public nuisances. This chapter particularly focuses on providing the pity vuith code authority to reduce visual
blight, reducing the harboring of rodents and pests, provide for safe automobile and pedestrian flow and
reduce environmental impacts from the storage of inoperable vehicles=
Junk and Inoperable ~leh~c~es
Chapter ~4 Exhibit of the Auburn City Cade contains standards for the regulation, enforcement and
abatement of junk and inoperable vehicles that are deer~ed public nuisances,
Vege~atlon
Chapter 8,~~ [Exhibit of the Auburn City Cade contains #andards far the regulation, enforcement and
abatement of vegetation that is deemed public nuisancesF This Chapter focuses particularly on vegetation that constitutes safety hazards, fire hazards and harbors pests
Residential Landlord-Tenant Act
Chapter ~9. ~ ~ of the Revised Codes of vVashingtan [Exhibit ~ ] that regulates the duties, relationships,
obligations and restrictions betvueen an landlord and a tenant. In addition, this statute addresses local
governments' ability and authority to enforce health and safety cedes and standards.
' I slid na# i~lclt~~le a cagy o~'~rc~i~7a~~~~ No, 10, I~'t~}~ ~n~llor X11 members ofthe o~71t~~itt~~ ~v~~~1c11~~~ a col}y of tl~~s ~x•di~~ance,l
mill p~•a~ide it ~011o4~itag tl~e ~c#eber i 1 ~l~eeti~7g,
I
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s
i
i
})F~ ~ mow. ti } k
l .p 1 3 ~ # i °r
a
bur ~e~t Ni fir Vi ~
for
~~1~1 P~►RTEVT
4o~~~t#~
~I~ ~ 1~ ~o X10 ~ ~
lac assau!# ~ figs# ~ ~
V1~ar~an# ~b~ec#
Juven~fe ~una~r~y~ prob~~m
~ollo~ up - ~
V11~I~ara cl~cck ~'!9
Verbal donnas#~c ~ ~ ~
Phys~caf d~rnes#ro ~ ?
~~dervivlations = ~
Hang up ~ 5
Suspicious circumstance R3
upf pious u~e# ~ 7
us~iciaus vehicle - ~
Burglary-
Tl~ef# ~ 7
Au#o #hef# ~ ~
#olen vehicle reVery~ - ~
Vandalism -4
Music ~ noise I party carnplain# _ ~
Disorderly sub~ec#1 dispute ~ ~
Alarms ~ D
Threat _ ~
Brug = ~
civil
#ber -
To#al ~ ~
EXHIBIT 2
# ti
:L i ~ , S
t 1 5 l~
A~bu~rl~ . ar~mnt ~Il fir ~rvi~ R ~ ~ ~
far
L~~I~RN ~hlAARTI~~IT~
o~~~~
~~~~10 to '~~~O~I1~
Misc aau~~ ~ ~iht - ~
V1~~rr~t ubec~
Juvenile r~~na~v~re~ ~ prable
i=ii lover up - ~
1~1~elfare check -
ver~~l dor~e~ic ~ ~ 8
Pl~~ic~l domestic M ~ 0
Eder viala~ior~ ~ 3
Hana~ up = ~ 7
suspicious circumstance -4
p~oious sub~ec~ M ~
usp~oiou veile ~ ~
burglary=~
Thef# ~ ~5
Auto ~ ~
Bolen vehicle recovery ~ ~
vandalism
l~luic ~ noise ~ party eonrtplair~~ _ ~ ~
Disorderly subjec~l dispute -
~larms ~ 0
Tl~ret
drug - ~
civil - 3
~#her ~
I
~ s
i ~5 i
r'
:~R
uurn~ ~ rent ail ~~r Zvi art ~ ~
for
~RfT`~~~1~ P~~ PA~~TM~~T
~ 4 8~~ # No
1~~~~10~ to ~010~1~0
f~~c asauf~s I ~igh~s ~ 2
1~11'arran~ ~b~eot - ~
Ju~en~f~ runauvayl problem ~ ~
F`ffouvup
~#Vef~are check ~ ~
'Verbal ~1~n~e~io - ~
~hsioaf d~n~e~fc
rdervfofa~ion ~ ~
Hang up ~
t~pioioua o~~ouma~ance
~pio~ou s~b~ec~ ~ ~
~pic~ous vehicle ~D
f3urg~ar~►
~h~f~~
Auta Tf~eft -
1landaffsr~
l~fuic l ~oia~ I party c~n~plain~ - G7
*Nu~nerou, ~eacourring noise complaints v~ere made ~y a #enant wi#h menial health oomplioa~ion #h~ouh ou# #l1e year.
Diaorderiy sul~~act~ diap~te - G
~lar~na - 0
threat _ ~
f]rug = ~
f~lf ~G
ether = ~a
Total M ~
i
i i I
I i
i
~ ~
i + ~ r'
.s r
Au~urr~ A a~~en ~N ~are~v~c o
for
NT~I~ENTAL ~LL~
~014~10 fo ~o1~~f~D
assaults 1 fights - 0
VIlarrantsub~ect ~ ~
Juv~~ile ru~a~ray~ problem ~ ~
Follo~r up
ll~lfare chef - ~
Verbal dometlo
ometi~ assaults ~ ~
~rderviolatior~s ~ ~
Fang u - ~
uspioious clroumstance
uspiciousub~ectM~
uplcious vehicle ~ ~
B~rlary-~
Theft = ~
Auto theft ~ ~
toler~ vehicle recovery ~ ~
~1a~dllsm ~ ~
lVlulc ~ poise I party eoplaint = ~
Disorderly subject! dispute - ~
Alarms - ~ Th reat ~ o
Drug ~ 4
Civil ~ ~
ether - T
Total - ~
i I
i I i i
I I
`~i~~ a
.L s
Au~rn ~rnt falls f~ ~~vle o~ ~ ~
for
DIVA APA~TIEfVT
~~~V ~ # ~ 5
5
~ 010 ~ ~o ~ ~ ~
~l~sc asau~# 1 ~ig# -
Vllrran# s~bj~o#
Juvenile runaway 1 ~ro~lem
~oflau~r up ~ ~ ~
'V11~I~ara cheek = ~
Ilorba~ domes#~c = ~
Dorne~ic asau~# - ~
order ~ri~la#len
Han u
suspicious c~ror~s#anee ~8
Suspicious subjec#-~
upieious~rehicle ~ ~
~ura~iary=~
Theft
Au#a #~eft ~ 8
#~len vehicle recovery -
llan~l~i~n ~ ~
Music 1 raise 1 party co~npiain# ~ ~8
Disorderiy u>~jee#1 dispu#~ ~ ~
Alarms ~ ~
Threa# ~ 7
Drug ~ ~ .
civil ~ ~
~#h ~ r M ~ 8
EXHIBIT 6
~f~'~ L y
l Y ~
A'+
.d
Au~r~ ~ ant 11 for Zvi ~ ~
for
~ ~[]oU' o~ LEA ~
~ 205 ~ ~
~ 010 ~ ~~9 to ~ ~ a
l~~ assaui I fig~~s - ~
Iar~ansub'~ot~4
Juv~nil~ r~narayl problem - ~
l;~ll~~ u~ -
V~e~fare oheok = ~
~I~rba~ domestic = ~
Domestic assaults # 4
order~riolatins ~ 0
Hang up ^ ~
up~cious circumstance ~ ~
uspici~u subject
uspicivus ~eh~cle w ~
urglar~-~
T~teft
~4uto theft ~ 3
stolen ~reh~c~e recovery _ ~
.'Vandalism
Music ~ noise I party complaint
~s~rder~~ subject ~ dispu#e ~ ~
~4~ar~s ~ ~
Threat -
rug - D
lvil
other ~ ~ 4
Total
s
I s
S~ ~r~ ~
x r } r ~ ~ i s
~f ti ~ }
`L .j
I~ubu~r~ end ~~l ~~r r~i R opt . ~ ~
for
PR ~~IRT~~NT
~oM~~
~ 4~4 ~ to ~ ~ 0
l~llc assault 1 fights
U1~arra~t ub~et - ~
Juvenile ru~av~ra~ p~ab~e~n
F~Ilo~r ~ ~ ~ l
V~~fre heck ~ 9
Verbal dor~e~[ ~
Domestic assaults -
~rderviolati~n
Iar~ u ~ ~ 3 ~ ~
uspiious eirumsta~e ~ ~ 0
suspicious subject - ~ ~
suspicious vehicle
Bu~rg~ar~ ~4
Theft - ~ ~
Auto theft = ~
~ole~ vehicle recever ~ ~
Vandalism ~'1
l~llusie ~ noise I party complaint -
~ie~~derly sb~ect ~ dispute ~ ~5
Alarms - Q
Threat ~ ~
drug M 3
evil ~
ether = ~
Total ~
EXHIBIT 8
may' h
! Ri
~L ~ ~ . r`
/r
4 l
A~I~u~~ a~r~t~~ ~or~e~ie ~~t ~ ~
for
H~R~IVOOD D~~ ~PRT~f~T
~9~~ Auburn Jay Guth
~ ~I~ ~ 9 #o ~ ~~0 ~ ~
l~lsc assaults ~ fights
vVarranteu~bect - ~
Juvenile runa~ray I problem -
F'ollow up ~
V~elfare checl~ ~
verbal donnest~e - 9
Domestic assaults - 3
Order violations - a
Hang up ~ ~
suspicious c~rcun~tance
uspicioussubjec#~4
suspicious vehicle - 'l
Burglary-
Theft -
Auto theft
stolen vehicle recovery ~ ~ .
vandalism - ~
Music 1 noise !party complaint = 4
Disorderly subjectldipute -
~larm ~ 0
Threat ~ ~
Drug - ~
ivi! -
Other ~ ~3
Total ~
i
I i
:L
r ~ ~ 4`.~
~ ~ ~ ~ y'` !I
T 11 y`
~
u~u~n A r~ ~I f~ ~~~c orb ~ ~
for
~~4 ~5t~ t ~ ~40~ t ~ and ~ ~ # ~
~ 0~~~ 1~ ~o ~ ~ I~ ~
~~sc assaults I f~~t ~ ~
'arrant subject - ,
Juve~~le runa~ray I prob~~r~ ~ ~
Fo~~ow up
V1lelfar~ check~~
I~~rba~ dvn~est~c -
P~y~a~ca~ domestic ~ 3
order violations ~ ~
Hang up ~ 9
u~~ci~u oircumtance
u~piciou subject ~ ~
uspiciousvehicle
Burglar
~fheft-
Auto "heft # ~ stolen vehicle recovery = ~
~andal~sn~ - ~
Music 1 noise ~ party complaint ~ ~3
D~o~de~ly ub~ectl d}spate ~
~A~arms ~ ~
Threat ~ .
Drug ~ ~ .
iv~~
ether ~
~'otal - ~
i
i
I
i I
I
~ ~ I. i / ~
/ ~ 1 i 1 1
fi o{ 4
~ub~rn ~~e~~ l fir ~~V~ce ~ ~ p p ~t
~a~
VL~~~' ~A~ATi~NT
0~~ aid ~ ~ ~
~ to ~ ~~~~1~ ~
Mlac assaults 1 fights -
Vl~arra~t sb~~~t =
Juvenile ru~a~uay~ prolen~
Foll~~r up - .
V11el~are cheek ~ 9~
Verbal a~orneti
~hyaical d~eti~ ~ 3
~rderviolati~r~ ~ ~
Meng up ~ ~
upiciaus c~reumstance ~ ~
suspicious eub~ect ~5 uspleious vehicle ~ ~
Burglary- ~
Theft - ~
A~uta theft ~ ~
stolen vehicle recovery
Van~lalisn~ _ ~
l~lsic 1 nvielparty c~r~plaint- ~
Disorderly ~b~etl dispute ~ ~
Alarms w ~
Threat ~ ~
Drug ~ ~
Divil
ether ~ 9
Total ~
I
1
1 1 f
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t t i
h~~er 1,~~ PENALTI~ ~OI~ I~Il1~I~AIJ ~TIOLA~'IOI~ ~c ~ of ~
chapter ~.~4
~~IUALT~~ FOR CRI~IiIIAI~ IJIOLATION~
Sections;
~ .~4.D~ ~ Criminai penalties generally
~ .2~4,OD lyilure to respond to notice of infraction.
Identification of undesignated violations.
~,4.~~~ rin~inal penalties generally.
A. Unless a specific penalty is expressly provided, for all violations of ordinances of the city
which are identified a misdemeanors, upon conviction, such violations are punishable by
imprisonment in the apprapriate city ar county jail far a period of up to 90 days and a one of up to
~,0~0, or by both such fine and imprisonment,
Unless ~ specific penalty is expressly provided, for all violations of ordinances of the city
which are identified a gross misden~eanars, upon conviction such violations are punishable by
imprisonment ire the appropriate city or county jail fare period of up to one yearand a fine of up
to ~,a~a, or by both such fine and imprisonmentF
Any violations of ordinances o~ the city Chet are identified as criminal violations, inciuding
being punishable by crimina! penalties, but not identified as to whether they are misdemeanors
ar gross misdemeanors, shall be deemed misdemeanors or grass misdemeanors, as follows;
~ .Criminal violations that are punishable by up to and including imprisonment in the
appropriate city or county jaii for a period of up to one }rear and a fine of up to $,~0~, ar by
both such fine and irprisonment, shall be deemed gross r~isdemeanars; provided, that
criminal violations that are punishable by not r~ore than imprisonment in the apprapriate
city or county jail far a period of up to 90 days and a fine of up to ~,aa~, ar by bath such
fine and irnprisanrr~ent, shall be deemed n~isdemeanars;
Criminal violations that are adapted by reference from state statutes, or extrapolated with
the same orsubstantiallythe same language from state statutesf shall be classified as
misdemeanors or gross rnisden~eanor cansistentwith their classification by state statutes,
and shall be punishable accordingly;
Criminal violations that are not identifiable as either misdemeanors or grass
misdemeanors shall be deemed misdemeanors and shall be punishable accordingly,
D, In addition, a defendant may be assessed courk costs, jury fees and such other fees or costs
as may be authorized in statute or court rules. In any court proceeding to enforce this section,
the city shail have the burden of proving by evidence beyond a reasonable doubt that a violation
occurred. In a proceeding under this section a defendanthall be accorded each and every right
protected under the Constitutions of the United States o~ America and the state of v~lashington,
all applicable federal, state and local caws} and applicable court rules promulgated by the
vUashington Supreme Court and the inferior courts under the authority of thevvashintan
Supreme CaurtT Ord, 57~ ~ , ~~a~; Ord. 1988; Ord. ~ ~ 8 ~ , ~ g~~ r Ord. ~~5~ ~ ,
197,}
i. 11._.!!~_~Y.~... n .~n____1_1_'~.1~...,,. w,~.tir r~~~~ r I{ ~~~a~~aYii f /1 ~iMkY~lii/ f ~ ll~lli~itl l~ ~!1 M~{~11 ~ 1 ~ll, I i~~ 1 ~
flLtp;I!WWW.CULIUPUUIINJ111Ig.UUIIll Wolf IAUUUlII/t-I IJUlI1V IIYAUULIIl1U 14 t;111 111 1 VI TIGV 1 V
ha tar ~ ~24 ~~N~.L~'IE ~OI~ RIt~AL VI~L~7'I~N ~ gage o 2
~.~~.0~0 Failure to respond to notice of i~~ac~ion.
It shad be a rnisden~eanar to fail to respond to a notice of civil infraction issoed by a police officer
or other official of the city authorized to issue civil notices of infraction. In any court proceeding to
enforce this section, the city shall have the burden of proving beyond a reasonable do~ibt bath
that the violatorwas personally served with the notice of civil infraction and that the violator
willfull failed to res and to the infraction by either appearing in court as directed ar by paying y p
the fine for the infraction, ~~rd. § ~~~~4}
~.~4.Oa Identification of ~indeignated violations.
In the case of a violation of any ordinance ofthe city that is not identified as either a criminal
violation oral a civil infraction, where its character is not able to be determined as one orthe
other b inference ar b the context of the language of the ordinance, or by the language of state y y
statutes with the sane or substantially the sane languages such violation shall be deemed as a
civil infraction, and shall be punishable in accordance with A~~ 1 ~~.O~D, ~~rd, X17 ~gg~.}
Far statuta ravisians authorizing code cities to impose penalties for ordinance violation of a
rY p fine not exceeding ~Oa.aa or imprisonment for a term not exceeding six r~onth or bath, see
R~IJ A. ~ ~ ,a~0; far provisions recognizing the assessment of casts upon conviction of a city
ordinance violation, see R11U ~.~~~a4a{for provisions authorizing third-class cities to work
prisoners, see RVU 3~,2~4,2g0~~}; for provisions granting a code city ail pavers of any city of
any class, see RvU 5A,~~,~~.
This page o~ the Auburn City fade is current through City 11~febsite; htt~:~Jv~ww.~uburnv~a.gov~
ordinance G~9~, passed February 1, ZO1~Q, City Te~ephar~e: 931-3400 pi~cla~mer: The City C~er~t's Office hay the official ver~~on of tie Code Publishing company
Auburn City Cade. Users sho~~d contact the City Clerf~'s office for
ordinances passed subsequent to the ordinance cited above
http://www.codepublishing.com/wa/Auburn/AubumOl/AubtimOI24.html 1 U1412U 10
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Cho tart ~f L PNA~1~'fE F~~ ~f~LATf 0~ ~ Page t 7
chapter ~ ~25
IV[L ~~~~~T~~ ~o~~r~o~~rl~~s
sections;
~.~5.4~0 Purpose.
~,~5.a~ Def~nit~ans.
~ r~5a0~ Natice~ to correct violation.
~.~,D tapwork order,
~ .~a,0~40 Native of infraction,
~.~5a05a Penalties far infractions,
~,~.aa l~ncorrected violations,
~1,~.~~0 Abatement;
Interpretation,
~,~.OgO epeafe~r
~ ~ a0 Collection enforcement and~or abatement,
~ ~ a Additional enforcement procedures.
~ ~ ~0 Constitutionality ar invalidity,
~~5.~ ~ Purpose,
It is the purpose of this chapter to generally provide civil penalties far non~fire node violations of
ACC Titles 5, 8, ~ 0, ~ ~ , ~ ~ 7 and ~ 8, all standards, regulations and procedures
adapted pursuant to those titles, and the terms and conditions of any permit ar approval issued
pursuant to thane titles which do~not involve imminent danger to the public healthy safety and
welfare of persons ar property, and such other code provisions are specified, rin~inal
penalties provided in this wade for non-fire violation of ACC Titles , 8, ~ a, ~ ~ , ~ ~ ~ 7 and
~ 8, and all standards, regulations and procedures adapted pursuant to those titles and the terms
and conditions of any permit ar approval issued pursuant to thane titles whether contained In
chapter ~ r~ l ACC or In the individual titles are superseded to the extent provided herein. It is the
intent of this chapterta permit a timely and efficient means of enforcement, to establish
definitions, monetary penalties farviolatians and a hearing process before the municipal court as
assigned in the ACC, ~~rd. 9 ~ , ~aa5; •./r~r 8~ ~ , 2aa4; Drd, ~~1 ~Oa~; Ord, 5~~~
Y~dl YM~~ ~ ■~x~4 ~~YYr ~rda ` 1~ ~ ~/1hr i+~f~ ~~rY+/, Vrdr 1 IYa YY~F~
~~flflltl~fl.
~xceptwhere specifically defined in this section, all words used in this chaptershail carry their
customary meanings, The word ;`shall' is alv~ays r~andatory, and the word "may" denotes a use
of discretion in mal~ing a decision,
Aa "Act" means doing or performing something.
B. "Code enforcement official" reans the director ordesignee of the director of the department
authorized andJor em powered to enforce a violation of ACC Titles 8, ~ ~ , ~ , ~ ~ 7 and
~ 8, and Chapter ~ ara~ ACC, or such other provisions of the ACC that are enforceable pursuant
to the provisions of this chapter, and all standards, regulations and procedures adopted pursuant
to those titles and the terms and conditions of any permit or approval issued pursuant to those
titles of this code, and such of the code provisions specifying civil penalties not within the specific
. . , r . , i , # na i , 7 nt/tir+ t ! i 11l~E 111117 11
littp://www,codepubll hing.co 11/wa/Aut)urti/Al1bumU l /AuL)urnU 12,.),lltml 1 U141LU 1 U
ha t~~;1.~ f ~r~ ~EI~ALTf ~ ~`~f~ ~~~~~.Tt~~I ~a~e ~ of 7
yr exclusive enforcement responsibility of another official,
"emergency" means situation ar civil violation vuhich in the opinion of tl~e code enforcement
official re uires iremediate action to revent or eliminate an imminent threat to the public health, ~ p
safety or~relfare of persons or property.
"Omission" means.a failure to act,
"Person" includes any natural person, his heirs, executers, administrators or assigns, and also
includes firm, partnership or corporation, its or theirsuccessor orassigns, arthe agent of any
of the aforesaid,
F "tap ~rork order" means the ~rritten order issued by the code enforcement official or other
authorized enforcement official, ar hislher designee, to direct that ~rork ar activity shall be
stopped until such activity is authorized to resume by the Cade enforcement official ar other
authorized enforcement official, or his~her designee.
. `illialatian" means an act or omission contrary to requirements contained in ACS Titles
~ , ~ , ~ ~ ,17 andlor 1 , and chapter ~ O.a~ A, or such other provisions of the A~~ that
are enforceable pursuantta the provisions of this chapter, andlar all standards, regulations and
procedures adopted pursuant to those titles and the terms andlor conditions of any permit ar
approval issued pursuant to those titles, and such other code provisions as are specified,
H, "Illlunicipal court" means the "municipal court of the city of Auburn," as established pursuant to
hpter~.1~4 A~, as the forum in v~rhich violations oftheA~ shall be heard. {Ord. ~9~ ,
2~0' Ord X17 ~ ADD; Ord. S~~ ~aa~, Ord. ~agD, Ord= 52~4~ ~ ~Exh. ~ x
~ 999; Ord, 5~~ ~ ~~xh, B}, ~ 999; Ord, 440 ~ ,199
~.~~~O~D Il~otice to correct violation.
A, Authority to Issue,
~ , vvhenever the Cade enforcement official ar other authorized enforcement official, or
hislher designee, determines that a violation i occurring ar has occurred, helhe may issue
a notice to correctthe violation, in a form pursuant to subsection afthis section, to the
property avuner~s} and~ar tenant~s~ ndlorto any persan~s} causing or alloying ar
participating in the vialatian,
2~ If a notice to correct the violation has been issued, the code enforcement official shall
require the violation to be corrected ~vithin one to ~ v~roricing days franc the issuance of the
native to correct. The length of time to correct shall be determined, in the sale discretion of
the Cade enforcement official or other authorized enforcement official, or his~her designee,
by the scope of violation, the history of prior violations by the same persons andlor at the
same location and method needed to correct vialatian. All violations, in any event, shall be
corrected expediently,
B, Receipt of correction l~latice,
~ .Upon receipt of native to correct vialatian, the violator shall either correct the violation ar
aslc the Cade enforcement official far a reconsideration of the notice to correct ~rithin the
time frame set out in subsection ~B}~} of this section.
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~~~pter .2 C~~7L f'ENA~TfE FAR ~t~,ATf~N Pale of 7
If the violator corrects the violation, tha cads enforcement official shall close the vialatian _
file and notify violator afcampllance,
The property owner andJor tenant may request reconsideration of the notice to correct
vialatian by the code enfarcen~ent official. This request must be made in writing prior to the
date on which corrections are to be completed as specified in the notice. The cads
enforcement official shall respond to the request for reconsideration, if timely received, no
later than seven calendar days from the date the request far reconsideration was received.
The cads enforcement official may amend the notice ~i} to correct the notice, iii}for goad
cause to allow far a lon~ertime to correct the violation, viii} to amend the scope of violation,
ar Div} to rescind the notice. A stay of the tine allowed far correction shall be in effect from
the date that a request far reconsideration was received, if tln~ely received, until the date a
response to the request far reconsideration is sent. .
If the violator corrects the vialatian pursuant to the reconsideration determination, the
code enforcement official shall close the violation file and notify the violator of compliance;
antent. The natice to correct violation shall contain the following
~ ,The name and address of the property owner andlor tenant andlar other p~rsan to whom
the natice to correct violation i directedz and
2, The street address or description sufficient for identification of the building, structure,
premises, ar land upon orwithin which the vialatian has occurred or is occurring; and
. A description of the vialatian and areference to the Auburn pity fade ar related
provision, standard, regulation, procedure ar permitwhich has been violated; and
statement of the action required to be taken to carrectthe vialatian a determined by
the code enforcer~ent official and a date or tinge ~ ~rhich correctian i to be completed;
and i
5. ~ statement that the property owner and~or tenant may request a reconsideration of the
notice to correct violation by the code enforcement official and the procedures required for
such request; and
A statement that the consequences of failing to carrect the violation may result in
monetary penalties and~or other enforcement requirements; and
A tatementthat the person to wham the notice to correct vialatian is directed shall
inform the code enforcement official of the correction so an inspector can be sent to the
vialatian premises to confirm the carrectian~
service of Notice. The Cade enforcement official shall cause the natice to carrect vialatian to
be served on the persons} to whom it i directed by personal service ar by rnailing a copy of the
natice to carrect vialatian by certified mail, postage prepaid, return receipt requested, to such
peran~s} at his~her last known address, and by posting a copy of the natice to correct violation
conspicuously an the affected property ar structure=
Extension, Upon written request received prior to the correctian date or time, the code
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enforcement official may extend the date sot far correction for goad cause The code
enforcement official may consider but is not limited to the consideration of substantial completion .
of the necessary correction ar unforeseeable circumstances which render completion impossible
by the date established as good cause.
I~, Repeat Violations. Notwithstanding the above provisions, in the case of a repeat violation, the
code enfarcernent official or other authorized enforce rent official, or hislher designee, may
issue a notice of infraction regardless of whether a notice to correct violation has been issued
For the purposes hereof, "repeat violation" means that the same person or property has been the
subject of one or mare notice to correct violation within the preceding months. ~~rd, ,
2~~fir ord. ~~0~; Ord, ~4~ ~ ~~xh. ~ gg; ord. ~ ~ ~ ~ {~xh. B}, ~ 9~~ Ord,
~~~0 ~g9~.}
~ .x.03 ~o~ work order
whenever any work is being done or any activity is occurring which constitutes "violation"
under ACS ~ ,~~,020~},the Cade enforcement official may order the work or activity stopped by
notice in writing sewed on any persons engaged in the doing or causing of such work to be done
or such activity to occur, and any such persons shall forthwith stop such work and~or prevent
such activity until authorized by the code enforcement official or designee to proceed with the
work or recornn~ence the activity, The issuance of a stop work order is not a prerequisite forthe
issuance of a notice of infraction ar a citation far a violation. However, it shall be a misdemeanor
unishable as provided in A ~ ,~4,0~ 0 for a person to willfully engage in the doing or causing p
of such work to be done after the issuance of a stop work order, until authorized by the code
enforcement official or designee to proceed with the work ~or recorr►r~ence the activity, ~~rd=
59~ 200.}
~;~~.oD Notice~f infraction
A= Authority to Issue. Uvhenever the code enforcement official deterrines that a violation has not
been corrected pursuant to ABC 1,25.030, helshe shall be authorized to issue a notice of
infraction, on an appropriate forrrr forfiling with the municipal court, to the property awner~s~
andlor tenants} andlor to any persons} causing or allowing or participating in the violation
B~ Infraction Process= once the notice of infraction has been filed with the municipa! court, it
shall be sent in the normal course to the property awner~s}, tenant~s~ andlor to other persons}
causing or allowing or participating in the violation, and thereafter processed for court
proceedings in accordance with applicable rules and procedures. ~~rd, 5?~ 2002; ord.
X240 ~ ~~xh, ~ g; ord. ~2 ~ ~ ~Exh~ B}{ ~ 990; Ord, 4400 ~ , ~ g1,}
~.Z~.050 Penalties for infractionst
Unless otherwise specifically provided in connection with particular sections, chapters or titles of
the city code, noncriminal violations of the city code shall be infractions and shall carry a
maximum penalty of $250,00, each day, location, violator and incident shall constitute a
separate civil infractionF
It is provided, however, that if the same violator has been found, in any court of competent
jurisdiction, to have previously committed an infraction violation for the same or similar conduct
three or more separate times, with the infraction violations occurring at the carne location and
involving the same ar similar sections of A~ Titles 5, 8, ~ ~ ~ , ~ 5, ~ ,1 ~ or ~ 8, or other
similar codes}, any further violations shall constitute misdereanors, punishable a provided in
~ ► i f t i 1 n i I i 1 A i f► r• 1 1 i f1 f .t f+'1 fl 1 Il
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haptet~ 1.25 I~I~ I'~NA~TI~ FAR IOIa~Tf~~ ~ag~ 5 of
ACC ~ .~~4.0~ 0. I~or the purposes hereof, it shall be prima facie evidence that the same violator -
has previously been found to have cammltted any infraction if certified copy of the~udgment,
docket or other court docur~ent showing that such violation was found carnmitted is filed with the
court. ~~rd, ~83~ ~g~4; Ord, ~002.~
~..~6~ ~lncorrected vioiati~ns,
In addition to any other enforcement actions available to the city, if violation an a parcel of
property is not corrected within the specified time frame of the decision of the court then no
further permits or approvals shall be issued bythe city on the subject parcel until all violations
have been corrected, or brought into compliance with the decision of the court, ~~rd. ~9~ 4,
~~g; ord. 5~~~ ~~D4; Ord, 2,
~ba~ernent.
A. Abatement by City, The city may perform the abatement required upon noncompliance with
the terms of an order of the court.
1. The city may utilize city employees or a private contractor under city direction to
accomplish the abater~ent, The cityr its employees and agents using lawful means are
expressly authorised to enter upon the property of the violator for such purposes,
The city shall bill its casts, including incidental expenses, of abating the violation to the
persons}obligated to perform the vuorC~ under the notice of failure to correct a violation, an
order to cease activity or an order of the cour#, which costs shall become due and payable
~ days after the date of the bill. The term "incidental expenses" shall include, but not be
lir~ited to, personnel costs, both direct and indirect, including attorney's fees incurred by the
city; casts incurred in documenting the violation; the actual expenses and costs to the city
in the preparation of notices, specifications and contracts, and in inspecting the work; and
the cost of any required printing and mailing.
B{ ~bstructian with 1l~ork Prohibited, Na person shall obstruct, impede or interfere with the city,
its employees or agents, or any person who owns, or holds any interest or estate in any property
in the performance of ar~y necessary act, preliminary or incidental to carrying out the
requirements of this section, A violation of this provision shall constitute a n~isder~eanor, and
shall be punishable as provided by ACC ~ ,~4,~'l
, Report to City Council and Hearing on Cost of Abatr~ent. In the event the persons}
responsible fails to paywithin the ~-day period set forth in subsection ~A}~~} of this section, the
enforcement official shall prepare a written iterni~ed report to the city council showing the cost of
abatement, including rehabilitation, demolition, restoration ar repairofuch property, including
such salvage value relating thereto plus the amount of any outstanding penalties,
~ , A copy of the report and a notice of the time and date when the report shall be heard by
the city council shall be served on the person responsible for payr~ent at least five days
prior to the hearing before the city council.
The city council shall review the report and such other information on the matter as it
receives and deems relevant at the hearing. The city council shall confirm or revise the
amounts in the report, authorize collection of that arount or, in the case of a debt owed by
a property owner, authorize placement of an assessment Ilan on the property as provided
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~~~~t~~+ i CIVIL PEA~,TI~ ~`~R ~r~f1A~'f~ ~
herein.
D, Assessment lien, Following the hearing and authorisation by the city council, the city clerl~
shall certifyto the county treasurerthe confirmed amaunt~ The caunty treasurer shall enter the
amount of such assessment upon the tax rolls against the property for the current year and the
same shall became ~ part of the general taxesfarthatyearto be collected at the same time and
with interest at such rates as provided in RvU 8~,55,~2~, now yr hereafter emended, for
delinquent taxes, and when collected to be deposited to the credit of the general fund or other
appropriate fund of the city. The lien shall be of equal rank with the state, county and municipal
taxes,
E~ The validity of any assessment made underthe provisions afthi chapter shall not be
contested in any action or proceeding unless the same is commenced ~rlthin ~5 calendar days
after the assessment is placed upon the assessment rail. ~rd~ 59~~ 290~r ~rd~ 5G77 2,
~a~~. }
~ r.08~ ~nterpretat~on~
The provisions of this chaptershall be held to be minimum requirements in their interpretation
and application and shall be liberally construed to serve the purposes of this chapter, ~~rd, 577
2, 2~~2, Ord, 52~V ~ ~E~ch, iJ~3 ~ ~ ~ ~E~ch, ~ 999, Ord, ~~~a ~ ,
Forrerly ~ ,25,~9D.}
~.~5~~9D Hearing examiner,
~~~J~~IEC~ ~~d, ~~rd, 5577 2~~2, rd. 524 ~ ~Exh, Ord, 52~ ~ ~l ~Exh.
B}, ~ 999; Ord, 4450 ~ , ~ 99~ . Formerly ~ ~ Oa,}
~ oil•ection enforcement andlor abaternen~.
In the event of failure to comply with any notice andlor stop work order, the city, at its option,
may enforce collection through the civil execution process as provided in this chapter or by any
method provided by lava andlor ordinance andlor may abate the use of the property which is the
subject of the violation through the abatement process a provided by law ar ordinance, ~~rd,
5~7~ ~~~2; Ord, 5245 ~ ~Exh, B~, 1999; ~rd= 52~ ~ ~Exh. B~, ~ 999; Ord, ~~0 ~ ,
~ 99~ ~ Farmerly ~ ,25. ~ 20.}
~,~5,~ ~ o Additionaf enforcenlen~ procedures#
The provisions ofthis chapter are additional to other enforcement provisions authorized by state
lava and~or city ordinance and are additional to any other remedy availabie to the city far
damages, redress or relief, whether in equity or law, including but not limited to actions far
injunctive relief andlar abatement, to ensure and~or protect the public health, safety and welfare,
~~rd, 202; ~rd= 545 ~ {Exh, E}, ~ 999; ord. 52 ~ ~ ~ ~Exh, B},1999; Ord, 44~
~ 99~ . Farmerly ~ .25,1
ontitu#ionality or invaiidif~.
if any section, clause ar phrase of this chapter is for any reason held to be invalid or
unconstitutional, such invalidity ar unconstitutionality shall not affect the validity or
constitutionality of the remaining portions of the sections, subsections, clauses ar phrases, It is
hereby expressly declared that each section, subsection, sentence, clause and phrase hereof
would have been prepared, proposed, adopted and approved and ratified irrespective of the fact
that any one or more sections, subsections, sentences, clauses or phrases be declared invalid
SA ~~i4, ~IZR li R!!il fi /Y e'~eY Y►7i~if~/V1t7i~t It nnia, fYY lYYI ~l 7Y{1f li~hl ~ 1f 4471i,iA~~ 1 ~ RR4A17i,f1~ 1 ! {t ~i1A1 1 ~lf~i 1~?F11 f1
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ha~t~~~ 1,~5 I~~~ P~~CA~,T~E ~'~R r~~AT~~N~ 7 of 7
or un~tifuti~n~, ~~rdF X677 ~0~2; ~4G ~ ~~xh. B}, ~ 99~; ~~d. ~ ~ ~Ex~. B},
~ ord. 440 ~ ~9~ , ~Ormer~y ~ ,25. ~ 40.} .
This page of the Auburn City ~o~e i current through City ~lebs~te: i~ttp;~~www.a~b~rnwa,govJ .
Ordinance ~~g~, paed February City Telpi'ton; 9~-oDO Disc~aier~ The qty Cleric's Office tie official versEan of tie Code Pub~ishin~ Company
Auburn City Code. Users should contact the pity Clerk's office for
ordinances passed subsequent to the ordinance cited above,
i
i
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EXHIBIT 13
TABLE F T~~T
CI~APTER 1 i i~{liINiT~~Th V N ~ f ~ 1~,{, 1 f, ~ F 45J 1 V 4a {,r~~~lii~h~~ L~111~~~t1V11~ 1.1 1 1{. 1 1 1 1 1 1 1♦ 1 1 r a 1 1 i 1
PART 1SCOPE AND APPLICATION , , , , , , , ~ , ~ , ,1 CHAPTER ~ PLIXI~B~NG FACILITIES AND
Section FIXTiIRE REQUIREMENTS , I~
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~OFi Reciuired ~aY+i~t~.r~1 1 1 1• I l l l r l 1/ 1 1 1 1 • 1 1 1/ r l l +Y
PART ~ ~A'7~D~N7IIryN~IY■~~11'Rrf■YA;1Tr~TUN AND {/+.11{/~11/J7 Te/y~21}y 7~~'yyJr/y1I~y11~1µ7 `/`'~i1
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I V~ ~r~r~i V~Lii 1 Y 1 1 1 1 1/ 1 1 1• f 1! 1 1 i 1 r• 1 1 r 1/ r r 1/ 1 1 x 1 ~~~y ~a WY ~riy~nf~}y/}V 1•• i 1 Y 1 i 1 Y 1 1 1 f Y 1 i 1 Y 1 a 1 1 1 1 i 1 h+5..
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1 E~~~ergency Il~easttres 1, . r . r . . . . . 1 . . / .1 1 / . r a l l ~ Section
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1 Y+ i 1. Y/ i 1 Y 1 i 1 V i V 1 t .
CHAPTER 2 DEFINITIONS ~ , , , , ~ , , , , , , , , , , , r , , ~ fi04 >~lectrical ~`acilities . + r . 1 ! r 1 r 1..1.11. , r ~ 1
S2Ctlon '+VV 1-J I.V ~rtr+4~++ uU~l~i~}4nt• 1••! 1 1 1 r+ r. 1 1 1. 1 1 1 1 1/. 44
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CHAPTER ~ GENERAL RE~UIREIVIENTS , , ~ , ~ II CHAPTER 7 FIRE SAFETY
Section REUIREI~ENTS,,,,,,~,,,.,,,,,2a
111 General r••• l Y• i• 1 1 1 1 1 + i i+ 1 1 1 1' 1 1 1! 1 1 1 ! x 1 1 r +y
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~0V Ru~bl~lslz Ri~~(l V NI ~ar~Y 1 x/ 1 1 1 1 1 1 1 1 1 1 1 r! 1 r 1. 1 1 +v
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Section CHAPTER ~ LI/'I~'~HT, ■~E/N' TIL'/ATIOYN AND /~{1 /-y'fy~ry+ //~`(`~J
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-i l/ l General 1. 1{ 1•/ 1 1+ Y r/ 1 r• 1 1 1 1/ 1 1 1 r + F j ~ y{J l~~s~~i}~t+Vn 1 1 1 r 1 1 1 r! 1 1 r r 1 1 1 r 1 1 r 1 1!/ r 1 1 r/!•
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V~ T 4/n~i~4{~~~n 1 1 1 Y 1 1 1 r 1/ 1 r 1 r•+ 1 1/ r 1{ 1 r r 1 1. 1 1. ` 1 IND~i i 1 a. r r., 1{{{,{{ f, i{ 1 f 1 11 i 1 i 1 i,~ a
240 1NT~RNATi~NAt. PROPERTY NlAItVTENAI~~E ~~E~ ix
EXHIBIT 14
hap~eT ,2 REN`~.~ H~XNC7 ~UfE Lf E ANI~ '~TEx~ tae 1 ~
ha~~er 5.~~
RI~NTAL H~l1«V ~lt1NE .~~~VE A~VD TRAT~I~
ections~
,~,a~ g Definitions.
,2.~~~ Business license -1=ee.
~.~.00 Advisory board on rental housing.
,~~.~~40 Rental housing business license criteria.
a._~.~~0 License application Required- I~arn~,
5,~~.~~ License application -Approval ardisapproval procedure,
~.Z.a~~ License ~ Display - hlantransferabiiity- Respansibi~ity,
5.~~,~a License - Revocation.
.~,~g0 Bmplayn~ent of law enforcement officers,
,~~,~g0 Dut to comply with all federal, state and loco! laws and regulations y Business - ~
license revocation. .
,22.10 Reimbursement fortransitional costs,
~.2, ~ 20 llialatian - penalty,
x,22.130 ~ Nonexclusive enforcement,
~~~~.~~4 pefirt~tionsF
The followin words and hraes when used in this chapter shall have the meanings set forth ~ p
below.
A. "Rental housin owners," as used in this chapter, means the individuals} andlar business g
entities owning or having an ownership interest in any rental housing unit{} within the city of
Auburn,
"Non~owr~er mono ers," as used in this chapter, means any person} arbusiness entity hired
or en ed for the purpose of providing management services for any rental hauling units within gg
the city of Auburnr where the rnanager~s~ ha~have no ownership in the rental housing units
being managed,
;`Rental unit" means an dwellin unitin the citywhich is occupied pursuantto a lawful rental
y 9 a regiment oral orwritten, express ar implied, which is rat awned by its accupant~s} as a
g condominium uni# or cooperative unit on the effective date of the ordinance codified in this
cha ter, l=orthe urpoes hereof, "rental housing" and "rental units" shall have the same p p
meaning unless the context clearly indicates otherwise. .
"Residentiai unit," as used in this chapter, means a building ar portion of a building intended
to be occu ied b one famil and containing sleeping, eating, soaking and sanitation facilities as p y Y
required by this code,
"ongoing criminal activity," as used in this chapter, occurs when: .
1, U1~ithin any six~month period, the property of a rental hauling business which is subject to
the ~icensi~g requirements of this chapter, and which has up to ~ 0 rental units, is the
location far three or more crimes, as defined by the Revised bode of vVashington ar the
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C~a tee` 5r~~ ~~'~L H~fN B~JI~I~ LIES A.~3 TRAT~C~~ Pie ~ S
Auburn City ode,'as a result of three ar more separate factual incidents that have been
independently investigated by any law enfarcernent agency; or
~IVithin any ~2wn~onth period, the property of a rental housing business which is subject to
the licensing requirements of this chapter, and which has more than ~ 0 rental units, is the
location forthree or more crimes, as defined by the Revised Code ofVVashington or the
Auburn City Code, as a result of three ar more separate factual incidents that have been .
independently investigated by any lair enforcement agency. .
F. `iOngoing nuisance activity," as used in this chapter, occurs when.
~ ~ vllithin any six~rnanth period, the praperky of a rental housing business which is subject to
the licensing requirements of this chapter, and which has up to ~ a rental units, is the
location forthree or mare nuisance activities, as defined by the Auburn City Code, as a
result of three or mare separate factual incidents that have been independently investigated
b an lair enforcement agency; or Y ~
.
Within an ~ ~-rnanth period, the property of a rental housing business which is subject to y
the licensing requiret~ents of this chapter, and which has mare than ~ 0 rental units, is the
location for three or mere nuisance activities, as defined by the Auburn City Code, as a
result of three or more separate factual incidents that have been independently investigated
by an~r lawenforcement agency.
"Rental housing business," as used in this chapter, means any person, company, association
or entity that rents or leases, or makes available far rent ar lease, one ar rnore rental units far
rent or lease as residential units. Ord. 5~8~ Ord. ~ 20g,} .
5.~~.~~a business licensey ~ee~
each rental hauling business operating in the city, as defined herein, shall attain and maintain
in goad standing a "rental hauling business license" issued by the city in accordance with the
procedures of this chapter and this title.
i
A. The fee for a rental housing business license shall be as set forth in the city of Auburn fee
schedule.
B, The business license fee shall be far the fiscal year ~,luly ~ st through June Oth}, and each
a licant for the business license must pay the full business license fee far the current fiscal pp
ear ar portion thereof during v~hich the applicant has engaged in business, regardless of when Y
during the fiscal year the license is obtained.
The rental housing business license fee required by this chapter is in lieu of, and not in
addition to, the general business license fee required by Chapters ;g~ and ~,~g ACC; provided,
however, that any person required to obtain a rental housing business license must also obtain a
general business license, at no cast, pursuant to Chapters ~,0 and ~ a ACC. Ord. 582 ~ ,
~DO~; Ord, ~aa~,}
5.~~,D3DAdviory board on rental housing.
There is hereby established as an advisory board to the city, to b~ known as the advisory board
on rental houin ,The advisory board shall be comprised of interested owners and managers of g
rental housing units and otherintereted persons, appointed by the mayorto serve on an as-
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needed basis. The police chief or designee shall serve as an e~c officio member of the board, 4
The advisory board shall rr►eet quarterly, ar a needed. The advisory board shall act in an
advisory capacity and assist the city, needed, in connection with rental housing related issues
in the city and regionally, including:
A, Facilitate cooperation and coardlnation with the city police department an rental housing
issues;
B. Recommend to the city programs and strategies to enhance,cornmunity awareness of rental
housing related issues;
, Recommend approaches for rentai hauling training programs, including city and police
sponsored training;
develop networking and strategies far city police to deal with rental housing issues and
develop partnership and support prograrr~, educational programs, consistent crime~free
approaches, "noMtolerance far crime," property protection anal preparation programs;
Coordinate, develop and disseminate procedures for tenant screening, rental hauling .
agreements including language to include enforcement of rules and protection of facilities and
neighborhoods}, eviction techniques and strategies;
1=, Provide ongoing management resources, including regular, periodic meetings, telephone and
other response strategies;
Monitor inappropriateoctivities by owners, managers and operators of rental housing units,
and counsel said owners, managers and operators in reasonable alternativessuch monitoring
to be done through the receipt of complaints or b}~ any other legally viable method;
H, Promote strong ties and build mutually beneficial relationships between police and rental
housing operators by teaching methods for recognizing illegal activity, identifying and repor#ing
crimes, knowing police functions and roles, exchanging information with police and other ,
agencies and by using any other reasonable method;
l; Develop linkages to other agencies and resources,including the fire department, Hl~a and
Section S Pragrar~, Safe Streets, Neighborhood 1lvatch, etc,;
,1. Devela andlor identif dis ute resolution alternatives and similar resources that maybe
P y p utilized in disputes between the owners, managers and operators of rental housing units and
tenants, and others with interests therein; .
K. Recognize and incorporate programs and procedures that identify and reflect cultural
influences and sensitivities, and which promote greater understanding of differences in the
. tenantlcarnmunitypopuiation; .
L. Act a liaison between the rental hauling comaunity and the police department whenever
passible;
M. Partner, an behalf of the city, with other agencies ar entities to seek programs and grants to
support and enhance rental hauling residential stockin the city; and .
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IV~ Participate in such other and rebated roles and functions as requested by the city. ~Drda 88~
~.2~.~4~ dental housing business license ariter~a~
A. Managers arrd operators of rental housing businesses shall comply with the criteria
established in this section and chapter i~r order to maintain their rental housing business license
ir► goad standing as required by The city shall identify and communicate with the
managers and operators of rental housing buir~esesr as it deems appropriate, regarding the
criteria established in this chapter. The city shall establish forums far information sharing end
enforcement review, as it deems appropriate, in orderto encourage voluntary can~plincev~ith
these criteria prior to mandatory enforcement, Dental housing business owners or their non-
awnermanagers shall comply as necessary with the following specific criteria as well as all other
requirements of this chapter In orderto maintain their business license in goad standing
Attendance end participation in crime-free housing training programs when such are
offered by the Auburn police department or other city department and the license holder is
given written notice to attend. At#endance and participation may be required by the city
whenever a residential unit is the location far any crirr~inal or nuisance activity which results
in an arrest far criminal activity or the issuance of an infrac#ion citation in the case of
nuisance, whether ornotthe arrestee orcited person is a tenant;
2. Mutually derived crime prevention strategies as established and agreed to by and
between the city and the rental housing owner andlor manager;
3. City directed crirrre prevention strategies, if the implementation of criteria in subsections
}end of this sectian is unsuccessful an eliminating recurring criminal or nuisance
ctivitythe city will notify the rental hauling business owner ar manager in writing of the
requirement to comply with a particular city directed crime prevention strategy, The city may
implement a city directed crime prevention strategy wherever ~ residentia! unit is the
location forany criminal ar nuisance activity which results in an arrest or issuance ofa
citation whether or not the person arrested or cited i a tenant. Strategies will be reasonabl y
tailored to the particular location and situation and will be consistent with strategies
implemented by other rnur~icipalities in similar situations;
Upon written request, the rental hauling owner or mangershall allow inspection of
rental hauling residential units consistent with their ability to do sounder the requirements
of the landlord~tennt statutes ofthe state of V~lashington and the Auburn City Cade. The
cit~r rray~ with the legally obtained consent of an occupant or owner, ar pursuant to a
lawfully issued warrant, enter any building, structure or premises in the city to inspector
prfarrn any duty imposed by this code;
5. In the event that recurring criminal ar nuisance activity continues a~ any particular
location which is subject to the licensing requirements of this chapter and.the imposition of
criteria in subsections ~A}~~ }through ~4} of this sectian has failed to elirnir~ate the recurring
criminal or nuisance activity at the location, the rental hauling owner n~a~r hire security
officers selected by the manager-operator, Voluntary implementation afmonager-operator
-selected security shall stay revocation of the business license so long as the security is
effective in eliminating the recurring criminal andlor nuisance activity at said licensed
lacatian;
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In the event that criminal or nuisance activity continues to occur at any particular location
v~rhich is subject to the licensing requirements afthis chapter and the imposition of criteria in
subsections ~A}~~}through ~4} ofthis section and ir~plernentation of criteria in subsection
~A}~~~ of this section has failed to eliminate recurring criminal or nuisance activity at the
particular location the rental housing o~rner may request or agree to city directed off-duty
palice security, Voluntary implementation of city directed off-duty pol[ce security shall stay .
revocation ofthe business license so long as the security is effective in elirr~inating angaing
criminal andlor nuisance activity at the particular~icened location;
1, In the event that the rental hauling business avunerdoes not carnply~rith criteria in
subsections ~ through ~5} of this sections the city may revoke the rental housing .
business o~rner' license. Business license revocation shall be the ultimate resort far
enforcement purposes, Business I[cense revocation shall occur as other~~rise set out in this
chapter
B, The criteria listed above shall be implemented `rn a priority beginning uvith criteria in subsection
} of this section and ending pith criteria in subsection ~A}~~~ of this section, It is envisioned
that mast problems can be resolved b participation in crin~e~free housing training and
irr~plementatian of its recommended practices 1=allure to participate in strategies in subsections
~A}~~}through ofthis section may subjectthe licensedlregistered party to revocation. Any
expense incurred in connection ~vith subsections ~A}~~} through of this section gill be borne
by the licensedlregistered party,
It is further provided that the "inspection of the residential units of rental hauling units,"
subsection {A~~4} of this section, includes inspection of residential units in the complex for any
applicable health, buildingf dire, hauling or lifeMsafety code vialtians, or other serious violatians,~
~.~~.D~D License application Required ~ Form.
Every person required to have a license under the provisions of this chaptershall submit an
application far such license to the business license clerk, as designated by the mayor, The
application shall be a Britten statement upon a farm provided by the business license clerk.
B, Uvhenever a license cannot be issued at the time the application forthe sane i made, the
business license clerk shall issue a receipt to the applicant farthe r~oney paid in advance
subject to the falla~ring conditions; such receip# shall not be construed as the approval of the
business license clerk far the issuance of a license, nor shall it entitle or authorise the applicant
to open or maintain~any business contrary to the provisions of this chapter. ~~rd. X897 1~,
egg; Ord, 558 ~ , egg} ord. ~ , ~g0.~
~.~~~~6~ License applicationApproval or disapproval procedure.
The business license clerk shall collect all license fees and shall issue licenses in the name of
the city to all persons qualified under the provisions of this chapter and shall:
A. Adapt all farms and prescribe the information required to imple[nent this chapter; ~ .
B, ubrnit all applications to department heads ofthe city of Auburn building, fire, planning and
palice departments;
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. l~lotify any applicant of the acceptance ar rejection of his~her application and shall, upon
denial of any license, state in writing the reasons therefor, the process far appeal and~deliver
them #o the applicant;
Deng any application for license -upon written findings that the granting would violate this
chapter. A ~riolation of this chapter shall be considered to be detrimental to the public peace,
health or welfare:
~ . Vvhenever any such license is denied the applicant may within days from date of
action file written native of appeal to the city's hearing examiner, fiction of the hearing
examiner may be appealed ~ days from date of action to the city council and action of the
council shall be conclusive and not subject to review,
Uvhen the issuance is denied and any action instituted by the applicant to compel its
issuance, such applicant shall not engage in the business forwhichthe license was re€used
unless a license i issued pursuant to a~udgment ordering the carne. ~~rd. ~~97 .
egg; Ord; X882 ~g~; ord. S~ ~~g~,} .
- ~.~.D~O License y Display ~ Nontranferabir~ty ~ ~espvnsibility.
Upon receipt of the license, the license shall be retained on the premises of the rental housing
business owner's principal office ar place of business where it nay be inspected at any timer or
shell be carried, as appropriate.
B, ~o license issued under the provisions of this chapter shall be transferable or assignable.
C. The agents or other representatives of nonresidents who are doing business in this city shall
be personally responsible for the compliance of their principals and the businesses they
represent with this chapter. ~~rd, 88~ ~ , ~gg~; ord. ~ , 0g~.}
s F
5.~~.~SD License ~ evacat~on.
A~ Any license issued under the provlsians of this chapter ray be revoked by the mayor or
designee and~arpalice chief andlarbuilding official andlar~re chieffor any reason if the further
operation thereof would be in violation of this chapter and therefore detrimental to public peace, .
health or welfare. any license issued underthe provisions afthis chapter may also be revoked in
the following circurr~tances:
~ .The license was obtained through fraud ar n~isrepresentatian of fact;
The owner or manager has been convicted of a crime, or suf#ered civil judgment or is the
subject of a consent decree which bears a direct relationship to the rental housing
business;
The owner or managertakes action or contributes to action in violation of the city's
zoning codes or development regulations, or commits or permits a public nuisance an the
premises licensed pursuant to this chapter;
l~~ except in the case of emergency due to significant physical danger to one ar mare tenants, a
notice of intent to revoke the business license shall e mailed to the owner and posted on the
premises at least g days in advance of the effective date far revocation. In the case of
emergency described above the notice of intent to revoke shall be provided to the owner and
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pasted on the premises as early as passible. The premises shall be completely vacated upon the
date the revocation becomes effective unless the city deterrr~ines that there is no imminent
physical danger to the tenants. if the city determines that there is no imminent physical danger
they may make arrangements with the tenants to continue to reside on the premises fora
reasonable amount of time in arderto allawtire for orderly relocation hneverar~y such
license is revoked or notice of impending revacatiorr i sent out, the licensee may within ~ days
from date of action ale written notice of appeal to the city's hearing examiner. Action of the
hearing examiner may be appealed within ~ ~ days from date of action to the city council and
action of the council shall be conclusive and not subject to review. ~~rd. 558 Og; ord.
~~~'1 ~0~~.}
v~,~90 ~n~ploymen~ o~ [aw enforcement officers.
In the event the owner, aperatar or manager of the rental housing business secures the services
of one or more law enforcement officer~s~ to properly enforce the applicable laws, rules and
regulations and to maintain arderin the rental hauling business, pursuant toA~ 5.~~~040~A}
all expense far such service shall be borne by the rental hauling business owner, manager
ar operator. ~~rd. 88~ ~g~~; ord. ~ t ~D~~,}
5~~~.~ Oa Duty ~o con~p[y with all federal, sate and local laves and regu[ations business
license revoca~fior~,
All ersons licensed pursuant to #his chapter must comply with all federal, state and local laws p
and re ulations which relate to or in any way affect the rental housing business, including all g
criminal laws for which the violation could negatively affect the tenants of rental housing units.
Ilialation of this section shall constitute grounds for revocation of the business license, ~~rd.
88~ ~gDS; ~rd~ ~~5~ Ogg,}
~s~~i~ ~ ~~~Ili~~1 w7~+~~~~ ~LI~ ~~~~1t1~~1 ~~L~r
In the event that a rental hauling business is closed by the city or any agency acting on behalf of
or in coordination with the city sterr~rning from enforcement of the provisions of this chapter or
any applicable criminal code or any health, building, fire, hauling or life~safety cadet or other
serious violations, it shall be a prerequisite condition farthe license to be reinstated andlorthe
rental housing units to be allowed to re-openlavailable for rental that the aperatar of the rental
hauling business reimburse the city for any transitional costs andlor tenant relocation costs
incurred b the cit that are directly attributable to such closure, For the purposes hereof, Y
"transitional costs andlor tenant relocation costs" include but are not limited to tenant travel casts
and ternparary hotel vouchers or other expenses incurred to procure alternate housing fallowing
tenant displacement for a reasonable time to alleviate the impacts of displacement The amounts ~ .
of such casts sha11 be as determined in the discretion of the mayor in consultation with the police
chief and with representatives of agencies engaged in providing social services within the city. It
is provided, howevert that nothing in this cfi~aptershall preclude the city from seeking and
obtaining fundsfrar~ grants or otherources to caveror help defraythe #ransitional casts, and
receipt of such grants orotherfunds shall not relieve the operators of the rental hauling
businesses from the reimbursement requirements hereof, ~~rd. ~ ~ , X00; ord. 1,
ga2.} .
.~~.'i ~D Violation -Penalty.
Failure of a rental housing business owner, manager or operator to operate a rental housing
businesswithaut obtaining ormaintaining in gaud standing a rental housing business license, as
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required ~y this chapter, is ~ misder~eanor punishable by a fins of up to ~,OgO or by a ~aii
sentence of up to D days, orby combination of said fine and jail sentence, Ord, ~8~~
b~a~i ord. ~ ~ ~~a~C„~
30 h~or~exc~u~~re enforcement:
The oityfs action to enforce one provision of this chapter ar to pursue one avenue of enforcement
hail not preclude the ;ty from enforcing any other provision of this chapter and~orfrom pursuing
any other avenue of enforcement, and the mayor or designated cif ~ official i enti#ied to use any
methods or processes avai[a~~e underth lair to enforce #l~e requirements hereof, ~~rd, 5~2
Ord, 555
This gage of the Auburn City Cade is current through City 1Nehsito: http~~Jwww,auburnwa,govJ
ardin~nce 692, pas~d Febrr~ary ~0~~. ~ City Teie~hono: ~~3} 93~~00~
~isciaimer; The Ciry Clerk's Df>tce has the afi:iciai v~rsior~ oi= the Code ~~biishing Company Auburn City Code. Users sho~id contact the City Clerk's 4~fice for
ordinances passed subsequent ~o tho ordinance cited above,
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ha te~~ S. ~2 UB~f C~IANE Page ~ o~ 5
Chapter 8.~~
P~BL~C NUiANC~~
ectians~
8,~~,g~0 l~urpase.
~~_~_~,~~D Nuisances affecting pubic health and safety.
S, ~ Reserved,
8. ~ ~.~~4g Attractive nuisances.
~ ~.aa Reserved, -
8F ~ ~,0~~ structures end buildings as nuisances
~ Maintaining or permitting nuisance,
8. ~ Z.g~g Abatement by city -Costs liability,
~ ~,g0 Abatement artier.
2.~~ ~ Purpase.
The purpose of this chapter is to define what constitutes ~ public nuisance and how a public
nuisance gill be abated, The intended result of abating a public nuisance is to protect public ~ _
health and properky values by reducing visual blight, reducing the opportunity for harboring of
rade~ts and pests, providing for safer pedestrian and auton~abile traffic flaw, and reducing .
impacts to the environment by preventing the indiscriminate storage of inoperablevhicle,
~ubiic nuisances will be abated in all areas of the city with e~►phasis in the residential
nei hbarhoods. ~~rd~ ~~4~ ~ , 00~; Ord; ~9~7 ~ , ~ ~ 5~' code ~.0~.2~D.} g
~#~~0 Nuisances affecting public health and safetyt
Acts ar omissions, places, conditions and things or uses that inure arendngerthe safety,
health, vuelfare, comfort a~ general well being of the general public or the environment, are
declared to be public nuisances. public nuisances include, but are not lin~itedta, the following:
i
A, The erecting, maintaining, using, placing, depositing, causing, allowing, leaving, or permitting
to be ar remain in or upon arty private lot, building, structure, or premises, or in orupon any ~
street, avenue, alley, park, parkway, or attier public or private place in the city, any one ar rnore
of the fallowing places, conditions, things or acts to the prejudice, danger, ar annoyance of
others arthat interfere with safe travel,
I~rivies, vaults, cesspoolsF sumps, pits, wells ar cisterns ar like places which are not securely
protected from insects, rodents, or other pests; .
. Filth ,littered ortrash-covered premises, including all b~lldings and structures thereon and y
areas adjacent thereto; .
D. Tin cans, battles, glass, cans, ashes, small pieces of scrap Iran, wire, metal, articles, bric~aM
brae, broken stone or cerr►nt, broken crockery, broken glass, broken piaster and all other trash
or abandoned material unless the same are kept in covered bins ar metal receptacles approved
by the city; provided, that any such receptacles approved by the ding County ar fierce bounty
health officer ar designee shall be deemed approved by the cityr
Trash, litter, rags, debris, accumulations of empty barrels, boxes, crates, packing cases,
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rr~attreses, bedding, excelsior, packing hay, straw, or other packing material, lumber not neatly
pled, or other material, which provides harborage for insects, rodents, or other pests;
F. Any unsightly and dangerous building, billboard or structure, as determined by the city
building official;
* ACl places used ar maintained as junkyards ordumping grounds, or for the wrecking,
disassembling, repair ar rebuilding of automobiles, trucks, tractors or machinery of any kind, or
far the storing or leaving of worn out wrecked or abandoned automabilesF trucks, tractors ar
machinery of any kind or of any of the parts thereof, or for the storing or lea~ring of any
machinery or equipment used by contractors or builders~or by other persons, which places are
kept ar maintained sv as to provide harborage for insects, rodents or other pests, excluding
properlyzoned and licensed wrecking yards, junkyards armachinery being used;
l it garbage disposed of in any manner other than provided in the solid waste code Chapter
.a AL.~~;
1. garbage cans which are not impervious to rodent gnawing ar da ~nat have tight-fitting lidsT .
J~ Any putrid, unsound or unwholesome banes, meat, hides, skins or the whole or any part of
any dead animal, fish arfawl, butchers'trimn~ing oroffal, or any waste, vegetable or animal
matter in any quantity, garbage, human excreta or other offensive substance; provided, nothing
ire tC~is subsection shall prevent the temporary retention of waste in a manner approved by the
mayor ar designee;
l lr Blackberry vines ar any tall grass or vueed which are infested with insects, rodent ar other
pests;
L. brass clippings; cut brush or cut weeds which may create an insect or rodent harborage; .
Illl. Nests, colonies, hives or apiaries of bees, Africanized honey beast yellow jacket, hornets or
wasps which are trot in full compliance with chapter ~ ,~a R# or Chapter 1 1111A, ar
which are not in full corn fiance with the cit 's zonin and land use codes ar with the cit 's p Y 9 y
business licensing and registration codes;
N~ Any accumulation of combustible, explosive or flarrrrnable substances which are stored in a
way that poses a threat or danger to life or property;
Ditches, hales, pits, accumulations of debris, dirt ar construction materials or other materials,
ar breaks In impervious surface in any public right-of-~vay, or any ottrer condition that obstructs
or interferes with safe pedestrian ar vehicular travel on or along said right-of-way; and
P, Failure, after reasonable notice, to restore a city street, sidewalk or related infrastructure
facility to city standards after having destroyed, disrupted or adversely impacted such street,
sidewalk or related infrastructure facility from lts ue far safe publlc travel}
C~, It is also a public nuisance to store, keep or aliowjunkto accumulate unless within a building
or outdoorstorage yard; provided further, that the building and~or outdoor storage yard must
otherwise meet all other applicable requirements of the city including allowing for the storage of
junk. Forthe purposes hereof, ;`junk" means old, unusable or discarded applia~rces, furniture,
. . ~ , . . ~ . r ~ a r , ~ t e ♦ . r a t.. h 1 A
httn.l/www.codCDublishinc!.con ovalA-LiburiVAubumU8/A-LibumO 12.html 1 U/4/2U 10
ha t~~~ ~ ~ ~~LI I~U~~A~~ lac of
scra wood, paper, cardboard, glass, demolition debris, rubber, metal, equipment, tires,
machinery, toys, building materials ~excep# for rnateria[s being used far an imr~ediate
4 cons#ruction project an the premises}, woody debris, batteries, barrels, cars, motor vehicle parts,
rags ar similar items The term dunk also includes travel trailers, boats and boat trailers, truck
car~pers, utility trailers, teat trailers or similarvehiciesthatare indirepair, in an obvious state of
abandonment, artha# cannotlegally be operated an public streets, roads orhighways. The term
junk does not include recyclable Items that are associated with permitted recycling industry;
provided, that the indiscriminate storage of recyclables in areas not otherwise allowed for
storage will be considered junk and ~ public nuisance. ~~rd. 587 , ~5~4; Ord, 5747 ,
05~; ord. ~9~4 1, ~ 975; ~ 957 code 7.54.~84~}
~~'t~,~30 Reservedr
~~rd, 5747 X905; ord. 430 'l, ~988~ ~9~7 Cade 7,04.90,}
8.~ x.040 Attractive nuisances.
A. Are "attractive nuisance" means the circumstance or condition which may reasonably be
expected to attract young children and which constitutes a dangerto such children
B. Attractive nuisances include but are not lirr~ited to unused vrbandoned refrigerators,
freezers, or other large appliances or equipment or any pans thereof; any structurally unsound or
unsafe fence ar building edifice; any unsecured or abandoned excavation, pit, well, cistern,
storage tank ar shaft; and any sizeable collection of scrap lumberr trash, debris vegetation, ar
other similar itern~ ~~rd, 5747 ~ , X005; ~ 9~7 Cade 7~04~359.}
5,~~~050 deserved,
~Ord~ 5747 ~ X003; X957 code 7.04,310.}
8,~ ~,D50 structures and buildings as nuisances.
A= [t is a public nuisance to have fence or similar structure wi#h any barbed wire, razor wire or
similar wire located within five feet of any public sidewalk unless the barbed v~ire, razorwire or
similarwire is located at a height greater than eight feet above the ground. [t is pravidedF
however, that ray fence legally constructed and installed before April X003, shall be exempt
from the roviians hereof, so Ian as an barbed wire, razor wire ar similar wire on ar affi~ced to p 9 Y
the fence is located at a height of not less than six feet, and o long as no barbed wire, razor
wire or similar wire on the fence projects beyond ar intrudes past the boundary of the property an
which the fence orsimilarstructure is located. It is also a public nuisance to have any fence
char ed with electricity in any amount whatsoever; provided, that electric fences may be
permitted in the R~R rural residential zones where the electrical charge at such electric fences is
noncontinuous and the electric fence controller has been approved by the ~lnderwriter
Laboratories {U.L.} or meets the testing standards of the Underwriter Laboratories, It i further
provided that electric fences in such R~R rural residential zones which abut any public street or
right-of-way shall include signs of not less #han 30 square inches in size pasted at least every 50
feet on the fence, stating that the fence is charged with electricity.
B. It is ~ public nuisancforanyvacant, unused, ar unoccupied building orstructurewithin the
city to have any broken, missing, or open doors, windows, ar other openings, alloys access by
unauthorized persons orthe general public.
. A building orstructure, whetheroccupied or not, will also be considered a public nuisance it it
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leas exterior elements that are defective, decayed ar wilE in any way contribute to tl~e significant
de radation of the building, and; if those exterior elements are not repaired or otherwise abated,
9 the building, within a relatively chart period of tiros, will became unsafe or make the building or
structure uninhabitable, ~~rd, b747 ~ 95~ code 7.g4#~a.}
8.~~07~ lainaCning or permit#ing nu~ar~ce~
Every person who commits ar Maintains ~ public nuisance, far which no special punishment is
prescribed, ar who willfully omits or refuses to perform any legal duty relating to the removal of
such nuisance, and ever}r persan who Lets ar permits to be used an}~ building ar boat ar portion
thereof, knowing that It i intended to be ar is being used for can~mitting ar maintaining any such
nuisance, is guilty of a vialation of this cads. ~~r~. X747 ~~0~; ~~1 code 7,a4,~a,}
8,~DB~ Abatement by city ~ Cosh [iabiClty~
If within three days after receiving a proper native in writing Earths abatement of any nuisance
detrimental to health and welfare of the public, or source of filth as hereinabove defined, such
notice to be i ned b the n~ayar ar designee, the persan owning, occupying or controlling such g Y
premises fails, neglects ar refuses to remove the sarr~e, such nuisance maybe removed or
abated by orderof the mayor ardesignee, and the persan an wham such native for the removal
of same was served, in addition to incurring the penalty provided, shall became indebted to the
cit for the damages, casts and charges incurred by the city in the removal of such nuisance.
such costs and charges are to be reca~rered by a civil action brought by the city against the
ersan sa served with such notice, which action the mayor or designee is authdrized to bring for p .
and on behalf of the pity. the mayor or designee i also authorized to file a lien against the
property an which the nuisance was abated, or an the adjacent property where the nuisance v~ra
located on public property or an publro right-a~ way and where the nuisance was caused by ar on
behalf of the owner of the adjacent property, which lien shall be in the amount of the city's casts
in abating the nuisance, and in enforcing the l~en~ In any such abatement bythe city, the city
shall also be entitled to interest accruing at the rate of ~ 2 percent per annum from the time of the .
ex enditure of funds by the city for such abaten~ent~ ~~rd. ~ ~aa4; ord. ~~~47 ~g0; p
~ 957 code ~.~~~0~}
8,~~.D90 Abateent order
The rna itrate before wham there maybe pending any proceeding far a violation of maintaining g
or ermitting a nuisance, except as defined hereinabove, shall, in addition to any fine or other p
punishment which it may impose far such violation, arder such nuisance abated and all property
unCawfull used in the maintenance thereofdestroyed by the chief of police at the cast of the y
defendant. ~~rd, ~7~47 ~ , ~Og~; ~ ~ code ~.04,~0.~
'l
For statutory provisions authari~ing second-class cities to declare nuisances, see RvV
5,~~,3~ ;for provisions granting a Cade city all powers of any city of any class, see I~C~II
A.~~~~~,
httn:llwww,codeoublisliiniaF om/via/Atibu n/A-LibumO8/AtibumO8l 2 html 10/4/2010
h ter S, l~ PU~~~~ I~UTA.~~ Fade 5 0~ ~
This page of the Auburn City Code is current thraugh City INolOite; http,~~ww~v.~u~t~r~wa,gov~
Qrdi~ta~tc~ ~~9~f passed F~hruary i, ~~~g. Clty Telephone; {253} ~3~-300 Di~oialrr~or~ Tho City Cfier~'s ~fFice has the officia~! version of the Code P~lhlli~ing Company
Auburn City Code. users should ea~tact tie City ler~C' Office for
or~lr~ances pissed subsequent to the or-dina~ce oited above.
# J! i i if 1 i I !f ~ I1 1 fl flfA ~ fl~lifL 7 1 ~ i~lf~f~IL~~
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~~apter , t 4 ~N~ ~D f~~I~A~f_,~ ~~I~ILE Pale 1 ~f 3
Gbapte~ 8.~4
JUNI~AND ~N~PE~AB~~~I~~IIL~
sections:
8. ~ 4.~ ~ Purpose,
~ ~,O~o Definitions.
8.14,go Public nuisance declared.
8. ~ ~.0~40 Exernption,
~,1~.~a~ Abatement and removal of junk vehicles on private property.
8~ 14,0 I noperable vehicles ~ a nuisance.
5.~~.O~ Additional enforcement procedure
~,~4.07~ ontitutianality or invalidity,
~ 4.Oa everability.
SR~4~~~~ Purpose.
The purpose of this chapter is to preserve the character and safety of the city's neighborhoods
by eliminating a nuisances, junkvehiclefrom private property, and to provide procedures for
the removal of junk vehicles as authorized by RCS ~~.5~,~~40. ~~rd. X747 2, 2~~; Ord{
2 ~g9,~ a
8,~4~~~D Definitlons~
For the purposes of this ghapter, the following words shall have the foilowing meaning:
A, "Director" means the directorof the department in charge of code enforcement or his or her
designee or any designated alternate who is empowered by ordinance or by the mayor to
enforce this chapter including assigned code enforcer~ent official{s~~
B. "Junk vehicle" means a vehicle meeting at least three of the following requirer~ents ~RV1!
i
Is three gears old or older;
Is extensively damaged, such damage including, but not limited to, any of the following: a
broken window arwindshield or missing wheels, tires, motor ortransmission;
Is apparently inoperable;
4~ Has an approximate fair market value equal only to the approximate value of the scrap in
it.
. "Landowner" means an owner of private property, or a person in possession or control of
private property. ~~rd. 5~~47 Ord, 20~ 2, ~9gg.}
,~~4.030 Public nuisance decla~ed~
All junk vehicles certified as such by a law enforcement officer or code enforcer~ent officer
designated by the director according to ~UII ~~.5~=Z0 and found on private property are
declared to constitute ~ public nuisance subject to removal, irpoundr~ent and disposal. It is
unlawful for any individual, firm, entity or corporation to allow, cause to allow or place a junk
http://www.codepubli hin con-iI a/ -Libu n/ALiburiiO8/Aubu nO8l litml 101612010
C~~apt~~~ 8.f 4 J~TN AND IN~P~~ABI~~ V~f~E Pale ~ 0~
vehicle on any premises. {ord. ~~~47 DO; ord. ~~00
8.1~4.0~4~ ~cemptlon~
The provisions of this chapter shall not apply to:
A, Anyvehicles or parts thereof which are completely enclosedvuithin abuildin in alawful
rY►r~ner where they are not visible from the street or other public or private property; or
B. Any vehicles or pars thereof which are stored ar parl~ed in a lawful manner on private
property in connection with the business of a licensed commercial towing }cards, automobile
repair facilities, outdoor storage yards orwrecl~ing yards, licensed dismantler or licensed vehicle
dealer and which are fenced according to the provisions of RW 4.8a,1 ~D. ~~rd. -
~aa~; ord. Sao z, ~
8,4.050 Abatement and removal of junk veh~c~es on private property.
A.1loluntary correction. Whenever the code enforcement official or a city of Auburn law
enforcement officer determines that a vehicle is a public nuisance and in violation of this chapter,
reasonable attempt shall be made to secure voluntary correction from the landowner and the
vehicle's registered ovuner.
. enforcement of civil Violations, if the Cade enforcement official or city of Auburn lava
enforcer~ent officerdoes not obtain voluntary correction of the public nuisance, the officer may
issue a native of infraction to the landowner of record andlorthe vehicle's last registered owner
of record, ~rhich shall be filed with thAuburn municipal courk and processed in accordance with
appropriate rules and procedures. Alternatively, tl~e code enforcement official or city of Auburn 1
law enforcement officer may issue a civil violation to the landowner of recard and the vehicle's
last registered owner of recordt in accordancewith the procedures set forth below.
. ontentF 1=or violations of this chapter, the notice of civil violation shall contain the follov~ing
information:
~ ,The name and address of the landowner of record upon whale property the vehicle i
located;
i ~ ~ The name and address of the vehicles last registered owner of record provided license
or vehicle identification numbers are available,
. The vehicle description including; the license plate number andlor the vehicle
identification number; the model year; the male; and the factors ~rhich render the vehicle a
public nuisance;
~4. The street address of a description sufficient far identification of the prope~ky where the
vehicle i located;
The required corrective action and a date and time b}r which the correction must be
completed;
The procedures and hearing process and procedures for other enforcerne~t action shall
be conducted in accordance with chapter ~ A or as otherwise provided in applicable
codes, rules and regulations. ~Drd. 5~~47 ~g0; ord. , ~a42; ord. b~a0 .
littp://www odepublishiii cotnl a/AuburiVAuburiiO8/AubutnO8l4litml 101612010
hapt~~{ t 4 JI~NK Nl~ IN~PI~RA~In,~ ~~~I~I~E Pagc ~ of ~
X895,}
8.4.05 Inoperable vehicles a a nuisance.
A. "Inoperable motorized vehicle" means any car, trunk, van} recreational vehicle, motorcycle,
snowmobile or other vehicle typically powered by an engine, excepting watercraft, that has been
in a stationary position for mare than ~ 4 calendar days, is apparently inoperable ar requires
repairs in order to be operable, or is unable to move a distance of 20 feet under its own pager
on a fiat surface. "[naperable motorized vehicle'f may include vehicles that do not meet the
definition of~unk vehicle=
B, An inoperable motorized vehiclewill be considered a public nuisance unless contained
entirely within an enclosed building, It i provided, however, that one inoperable motorized
vehicle may be allowed on residential property, outside afar enciosed building, if it is stored in
the rear yard afthe property and is screened from the neighboring properties and any street by ~
~ 50 percent sight-obscuring fence It is further provided that in the R-R rural residential gone
more than one inoperable vehicle may be allowed outside of building, sa sang as the property
an which the inoperable motorized vehicles are located consists of at least one acre of property
per inoperable motorized vehiclet provided, that in na case shall theca be mare than five
inoperable vehicles outside of buildings on any size of properly. ~~rd. ~003.~
8,14.0~~ Addi~ionai enforcement procedure
The provisions of this chapter are additional to other enforcement provisions authorized by state
statute and city ordinance, including, but not limited to, enforcement through chapter ~ A,
and are additional to any other remedy available to the city fordamae it has suffered. ~~rd.
X747 X00; Ord, X999.}
8.~4*~70 onstitutionelify or invalidity.
If any section, clause or phrase of this chapter is forany reason held to be invalid or
unconstitutiar~al, such invalidity or unconstitutionality shall not affect the validity or
constitutionality ofthe remaining portions of the sections, subsections, clauses or phrases. It is
hereby expressly declared that each section, subsection, sentence, clause and phrase hereof
would have been prepared, proposed, adopted and approved and ratified irrespective of the fact
that any one ormore sections, subsections, sentences, clauses or phrases be declared invalid
or unconstitutional. ~~rd . X747 X40; ord. 555 ~ 998.}
.~4~080 everabilit~r.
If any provision of the codes referenced in this chapter is held invalid or unenforceable, the
remainder shall be valid Ord ~~T47 05; ord. LSD ~ X99.}
ThES page o~ the Auburn pity bode is current through City website; ~~ttp:~~w~~~v,aub~~rawa.gavJ
ordinance 6~9~, passed February ~0~~, City Telephone; X23} 93~-3000 pisclaimer; The City Clerk's o%fice has the o~ficlal verlan of the Code Publil~ir~a~ Company
Auburn City Code, Usars should contact the City ier~'s office far
ordinances passed subsea~uent to tyre ordinance cited above.
http:Hwww cadcpublishin ,conilwa/Auburn/Aubur nO8/AubutnO814,htmI 10/6/2010
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C~a tet~ 5~~~ ~~~TATf~ gage ~ o~~
chap#er~~~~ V~~TATt~N
ections~
~~~Q~~~ 0 Vegetation as a nuisance,
8,~.~~4 Uncontrolled weeds and vegetation on business property.
~,~~.~a 1llolat~on ~ penalty.
~,2a.~4a C~emoval ~ pity action.
,~O.~a Rer~oval ~ host - Fayt~ent.
M~~.D~~ ~fege~ation as a r~ulsance;
Vegetation left uncut andlor in an unkempt stage ray cause safety hazards, fire hazards, andlor
pest harbarages, and may interfere with, annoy, injure or endangerthe comfort, repose, health
or safet of others, or unlawfully interferes with, obstructs ar tends to obstruct, or render y
dangerous far passage, street or highway; ar in any way render other persons insecure in life,'or
in the use and enaoyrnent of property, thus constituting a public nuisance.
A, Trees, plants, bushes, shrubs, vines, other vegeta#ion or parts thereof which overhang any
sidewalk, street, alley or other publicway which are growing in such a manner as to cause a
sight distance hazard or to abstract or impairthe fall use of the sidewalk, street, alley ar other
publicway are declare to be a public nuisance.
B. Trees, plants, bushes, shrubs, grasses, vines, other vegetation or parts thereof that are
rowin andlor rown and died and are now cousin afire hazard or menaceto public health 5 g g ~ g
and safety, or are degrading or causing a decline of the character afthe neighborhood are also
declared to be a public nuisance,
. brasses lawn}within the yards of occupied residential properties which are not maintained at
a height of six inches or Less are also declared to be a public nuisance; provided, that property
within the R~R rural residential zone shall be exempt from the provisions of this paragraph.
rsses~ ground cover, andlor vines an vacant lots that are vuithin or adjacent to developed
areas which are not used for agricultural purposes} and are not park of a wetland or other
sensitive environmental system, which are not maintained at a height of inches or less are
also declared to be a public nuisance; provided, that property within the R~l~ rural residential
zone shall be exernptfrorrr the provisions of this paragraph.
Failure to maintain the trees, shrubs, ground cover, or grass of any landscaped area that was
required by the city to be planted} in a healthy, living condition shall be a public nuisance, Failure ~ ,
to replace any tree orshrub that has died is a public nuisance. It i also a public nuisance if
landscaped areas are overgrown with weeds or un-maintained grass.
~n Tuning of trees orhrubs {that were required by the city to be planted} shall be forthe Yp
purpose of rnair~taining the tree orshrub in a healthy growing condition andlorto enhance its
natural rawin farm Fxcess~ve pruning of trees ar shrubs that adversely affects the healthy
g g living condition of the plant or excessively damages the natural growing form of the plant shall be
public nuisance; unless such pruning is done to alleviate documented public health and safety
ul):// 'Y YY VY.codepublishing.com YYa/ ubtirn/ ubLi,lnO8/L iubu].* USZO.1it t 1U1412,V1 V
~~~~t~~+ ~T~~TATION Fade ~ off` 2
concerns. Ord. X747 4a~; Ord. ~4~0~4 , ~ 9~; Ord. ~08~ ~ 9~~.}
8.0.00 Uncontrolled greeds and vegetation on brines property.
It is unlv~rful far an~r person to permit or llov~rvueeds orvegetation to became uncontrolled an
any business property ~vithin the ci#y agar ~rhich he or she has a~vnerhip, occupancy or control.
"Uncontrolled greeds or vegettian'r shall be def fined as follas:
A~ Any undesired, uncultivated and unsightly plants gro~ring in profusion sa as to cro~rd out
desired plant grovuth or disfigure a lav~n; ar
Any vegetation gro~rth, including bu# nit limited fa greeds, grasses, hushes, hedges and trees
or tree branches, ~rhich obstructs the vision of people in vehicles or on sidewal#cs or rights-af
gray so as to interfere pith the safe, full and free use of any street, side~vall~ ar rlght~af-gray ~rithln
the city; or -
A~,y vegetation gro~rth that creates a fire or other safety hazard; Ord. , X003; Ord.
04 ~ , ~00~; Ord, 4040 ~ 93.}
8=~0=~30'~iolation ~ P~naity=
the code enforcement official, ar his designee} pursuant to the provisions of chapter 1,2 A,
is authorised and mpav~ered to notify the av~ner of any open or uacant private property v~ithin
the pity or the agent of such o~rner #o properly cut and remove ell grass, seeds and brush
grov~ing in violation of ~ 3,4~0~ D and 8.~0tQ2~ vuhich is dangerous to public health, safety
and vrelfare~ A vioiatian of any of the provisions of this chapter by any person, firm ar corporation
shall be a civil infraction, punishable in accordance v~ith ~ ~ .~.05a, except ~uhere the
violation is designated as a misdemeanor as prodded in A ~ .~~,a~0. Ord. X337 ~0D4;
Ord, X747 , X043; Ord. 404 ~ 0, ~ 9~; Ord 4040 , ~ 98.} -
0=20=040 Reaval ~ pity action=
Upon the failure, neglect or refusal of and orneror agent so notified to properly out and dispose
of grass, vreeds and brush dangerous to the public health, safety ar uvelfare Sri#hin the time
specified in the notice provided in A~ 4.4.~~, the cads enforcement official is au#hari~ed and
empo~rered #n pay for the disposing of such grass, greeds and brush and t~ order its disposal by
the city, Ord, X747 , 2043; Ord. 444 ~ ~ , ~ 90~ ;Ord.4040 ~ 935.}
8.2D.~~0 Removal ~ o~~ l~ayent;
Then the city has effected the ren~aval of said grass, ~veeds or brush, any penalty assessed
pursuant to chapter ~ ABC shall include the city's actual oasts Ord. ~74~ r X003; Ord.
4544 ~ x,1991; Ord. 404Q 4, ~ 5~.}
Th~~ page of the Auburn pity Cede is cu~~~n~ through City U~ebs~te: http.~~www,ub~rnw~igovJ
Drdinan~e ~~9~, pas~~ti February ~D~.~~ City Te~epbone~ 9~~-340
~~scfairer~ The City Clor~'s office has i`he offic~aC version of the Code P~bC~shing Company Ao~~rn City Code. Users s~o~ld contaci; tie City C~er[~'s office far
ordinances gassed s~bseq~ent to the ordlt~ance cited above.
i rr > > r~ r r r ~ r ~ y nn! t y nnnr► ~ ~ i n►~ 1nr1i f►
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t~aptcr 5, ~ $ ~es~de~~ti~~ ~a~do~~c~-tct~nt pct tae ~ of 4
C~apte~ ~.+~r~ ~ RC111I
residential ~and~a~~l-~ar~ant act
RGVII Sections
~ 8.0~ ~ Shar# title.
~9.~S.D~~ Rights and remedies ~bligatlon of good faith impased~
9.~5.0~~ Definitiar~,
~9,~ ~,~~g Living arranemen#s exsrnptsd from chapter,
a9. ~ 8.~5g Jurisdiction of die#ric# and superior courts,
V4rr ~ 8.~5~ Notice --Alternative procedure Court's jurisdiction limited Application t0 chapter ~9.a RC1~1I.
~9.~~.~Ga Landlord Duties.
~9.'i ~,a6 Landlord Provide v~ritten receipt upon reques#.
g~1rg70 Landlord Failure to perfarr~ duties l~otice from tenan# y~ Contents Time limits for landlord's rerned'ral
action,
5,8,07 Seizure of illegal drugs Notifcation of landlord.
r~~,aSO Payment of rent condition t0 exercising reredies Exceptiansr
59.E 8.85 Rental of condemned or unlav~rful dv~elling Tenant's remedies R~ Relacatian assistance Penaltier
59, ~ S,Og4 Landlord's failure to remedy defective condition Tenant's choice of actions.
5g.~ 8r~aD Landlord's failure to carry out duties Repairs effec#ed by tenant " Procedure Deduction of cast fram
rent y~ t.imitatians.
~ 8. ~ ~ D Parlors of landlord to carry out duties Determination by court ararbitrator --Judgment against landlord far
diminished rental value and repair cots Enfarcemer~tof judgment-- Reduction in rent under certain conditions.
5i~, ~ 8, ~ ~ Subs#andard and dangerous conditions Notice to landlord avernment certification ~cro~r account
59. ~ ~ ~a Defective car~dition Unfeasible to remedy defect Termination of tenancy,
59.~8.~~5 inspections by local municipalities y~ Frequency Number of rental properties inspected ..,Notice
Appeals Penalties.
59. ~ ~r ~ o Duties of #er~antr
59.E 8. ~ ~0 Reasonable obligations or restrictions Tenant's duty to conform.
~9. ~ 8. ~ 5g Landlord's right ofentry Purposes Searches by fire officials Searches by code enforcement officials for inspection purposes " Canditionsr
a9~'18. ~ 60 Landlord's remedies if tenant fails to remedy defer#ive cor~ditian,
59. ~ 8. ~ Landlord to give notice if tenant tails to carry out duties:
5g~ ~ . ~ 8g Tenant's failure to comply v+~ith eta#utary duties Landlord to give tenant vuritten notice of noncompliance
Landlord' rer~edie~
~9. ~ , ~ 9g Notice to tenant to remedy r~oncanfarmar~cer
59,18,~Oa Tenancy fram month to month or far rental period R- Tern~inatian Armed Forces exception i;xclusion of
children Con~rerion to condaminiorn Notice.
SVr~~~~g Tenancies from year #a year except under uvritten contract. .
~9. ~ B.~~D Termination of tenancy far a specified time Armed forces exception.
59. ~ 8.~3D I~Ilaiver of chapter provisions prohibited y-Provisions prohibited fram rental agreer~ent Distress far rent
abolished Detention of personal property for rent Remedier
5r'18f244 Reprisals Or retaliatory actions by landlord Prohibited.
~~,~B,~D Reprisals or retaliatory actions by lan~lard y~ Presumptions Rebuttal Costs.
~ r r . . , . . . - s n 1 a . r . e.. ~
ttp;llapps leg a govlrew/detatilt.aspx7ctte=59.1 8 ttUll=true 10I4120 1U
~~ate~+ 59~ ~ ~a Rcsidenti~ ~andlo~•d~fe~~~~l~ pct Page ~ a~'
5g, ~ 8.53 Deposit to secure occupancy by tenant Landlord's duties --Violation,
5~. ~ 8.57 Screening of tenants fasts Notice to tenant r~ Violation.
59~~8~~4 Moneys paid as deposit ar security for performance bytenant Vvritten rental agreement to specify terms
and conditions for retention by landlord vuritten checklist required.
5F~8~270 Moneys paid as deposit or security far performance by tenant Deposit by landlord intrust account
Receipt-- lairns.
59. ~ 8.80 Moneys paid as deposit or security for performance by tenant Staterr~ent and notice of basis for retention
Remedies for land[ardfis failure to make refund.
59.~8.~85 Nonrefundable fees not to be des'Igr~ated as deposit I~vritten rents}agreement required.
59.8.290 Removal or exc}union of tenant from premises Wolding aver ar excluding landlord from premises after
termination date,
59~~5,300 Termination of tenant's utility services Tenant causing lass of landlord provided utility services.
59. ~ 8.3~ 0 pefault in rent Abandonr~ent --Liability of tenant -Y Landlord's remedies Sale of tenant's proper#y by landlord
59. ~ 8.3 ~ ~ 1111rit of restitution y~ Storage and sale of tenant's praporty R~ Use of proceeds tram sale ~T Service by sheriff, form.
59. ~ 8.3~ 5 Mediation of disputes by independent third party.
5g~ ~ 8~2~ Arbitration Authorised Exceptions --Notice-~Procodure,
5g~~ 8.330 Arbitration y~ Application l-}earings Decisions.
59. ~ 34D Arbitration Fee.
59. ~ 8,350 Arbitration completion of arbitration after giving notice.
59.'l Threatening behavior by tenant Termination of agreement v~lritten notice Financial obfigatians.
59.8.354 Threatening behavior by landlord R~ Termination of agreement Financial obligations,
59, ~ 8,300 Exerr►ptions,
50,3,303 ~lnlawful detainer action --Distressed Name, previausly~
59.E 8.385 i`Jnlawful detainer action Sur~mon " Forr~~
59.~3,~4 Forcible entry or detainer or unlawful detainer actions ~,1111rit of restitution --Application Order bearing,
59.8,375 Forcible entry or detainer or unlawfu}detainer actions payment of runt into court registry ~41~rit of
restitution Notice.
59. ~i 8.380 Farcibte entry or detainer ar unlawful detainer actions vVrit of restitution Answer --Order Stay y~
fond.
59,~8.39D Forcible entry or detainer ar unlawful detainer actions ~-1ll~rit of restitution Service y- Defendant's band.
ga ~ 8.00 Forcible entry ar detainer or unlawful detainer actions vl~rit of restitution Answer of defendant.
59. ~ 8.~~ D Forcible entry ar detainer or unlawful detainer actions Uvrit of restitution ,~udgment ~xecutian.
59. 8.4~ 5 Applicability to curtain single family dwelling leases. .
59,~8.~2o R~1v 59.2.090, 59.~,~~D, 59.~2.`i2~, and 5.~~~~~0 Inapplicable.
59, ~ 8.430 Applicability to prior, ex}sting or future leases. .
59. ~ 8.440 Relocation assistance for law-income tenants pertain cities, towns, co~lnties, municipa} corporations
authorised to require.
59, ~ 8.45D Relocation assistance for low-income tenants Paymen# not considered income ~-Eligibility for other
assistance not affected.
5g, ~ 8.50D ~angirelated activity Legislative findings, declarations, and intent.
~9, ~ 8.5~ D Gang-related activity Notice and demand the landlord can~mence unlawful detainer action Fetitian to
http:// pps.leg.ova.gov/rc /defatilt.asp ;?cite 9.l8 fill=ttiue 10/412010
~~apfe~~ 9R 18 a~~dent~al ~a~~d~ox~d~~en~~~ act Wage 3 a~ 49
court y~ Attorr~eys~ tees.
59.8,559 Drug and alcohol tree hauling iarogram of recovery --Terms Application otchapter.
59, ~ 8,570 Victim pratectian~~Detinitions.
50. ~ 8,575 Vfctir~ protection-~Notice to landlord-Termination of rental agreement~,Procedures.
59.~8,58D Victim protection'~~imitation on landlord's rental decisions.
59.8.585 1lictim pratection~~~ossession at dwelling unit~~%xclusion atothers--New lock cr key.
59. ~ 8,99D everab~llty - ~ 973 ~ t ex,. C X07, .
59. ~ 8,9~ a everabil~ty ~ 989 c 34~.
59. ~ 8,9~ ~ Effective date i~ ~ 989 c 342.
5,~.9~2 anstructian 4~ Chapter applicable to state registered domestic partnerships X909 c
Notes:
Reviser' r~o#~~ This chapter was revised pursuant to lNa~r'~gfon ~4srr~. af~4~ariFr~e~l` As'rrs,, fr~c. v~. ~var~~ 38
1I11n. d. 5~3 {977}f which declared invalid the fourteen item and section vetoes to X973 Engrossed substitute senate
dill Na. 2~~~ 973 ~ st ex,s~ c 207}.
i;iling tees for uniawrul detainer actions: Rw 8G.~8.0~~.
n~oke detection devices in dwelling units required: RCUI~ ~43,4~.'i ~ a.
,t . _
~r~ hDr~t~ti~;
RC1IV 59~~8~O~D through 9.~i8.~#~D and 59.~8,90a shall he ltnown and may be cited as the'Residential l~a~~dlord-Tenant Act of X973",
and shah constitute a new chapter in Title 59 RCII~~.
973 ~ st ex,s, c 207 ~ ~
59,~8~~~D
Rights and remedies ~~bl~ga~ion of good faith in~pased.
Every duty under this chapter and every act which must be performed as a condition precedent to the exercise of a right or remedy
under this chapter imposes an ohligation of goad faith in its performance or enforcer~ent,
(1973 Est ex,s. ~ 207 §
59~~ S.o3~
De~I~itIOnS.
As used ire this chapter.
"Certificate of inspection" means an unswvrn statement, declaration, verification, or certificate made in accordance with the .
requiraments of RCVIf gA.7~,a8~ by a qualified inspector that states that the landlord has not failed to fulf any substantial obligation
imposed under I~CVU ~9,~.g~~ that endangers or impairs the health or safety of a tenant, including ~a} structural members that are of insufficient size or strength to carry imposed loads
with safety, fib} exposure of the occupants to the weather, ~c~ plumbing and
sanitation defects that directly expose the occupants to the risk of illness or injury, ~d} not providing facilities adequate to supply heat
and water and hot water as reasonably required by the tenant, ~ej providing heating or ventilation systems that are not functional or are
hazardous, {f~ defective, hazardous, ar missing electrical wiring ar electrical service, fig} defective ar ha~ardaus exits that increase the risk of injury to occupants, and ~h~ conditions
that increase the risk of freF
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~~xa~t~~~ 59. ~ 8 ; ~eic~e~~xia~ ~ax~d~o~~d~te~aan~t apt P~gc ~ ~f ~9
"Distressed home" has the same meaning as in 1G1111~l.~,0~0, .
"Distressed home conveyance" has the carne meaning as in RCVU ,~4.D~a. .
'~D~stresed home purchaser" has the saE~e meaning ~S R~YV ,4,a~~.
~5} "Dwelling unit" is a structure ar that part of a structure which is used as a hone, residence, ar sleeping place by arse person ar by
` twaor rr~ore persons maintaining a common household, including but not limi#ed to single family residences and units of multiplexes,
[~~[~E ir'~~nt b~~l~~n~, ~n~ rr~abE~~` ~Qr~~.
"Gang„ means a group that; ~a~ Consists of three or more persons; {b}has ider~tifiahle leadership or an identifiable name, sign, or
symbol; and on an angoieg basis, regularly conspires and acts in concert; mainly far cri~~inal purposesF
~7y "Gang-relyted activity„ means any ac#ivi#y that occurs within the gang or advances a gang purpose.
~8} "ln danger of foreclosure" means any of the fallowing:
{a} The homeowner has defaulted on the mortgage and, under the terms of the mortgage, the mortgagee has the right to accelerate
full payr~ent of the mortgage and repossess, sell, ar cause to be sold the property;
{b}The homeowner is at least thirty days delinquent on any loan that is secured by the property; or
~c} The homeowner has a goad tai#h belief that he ar she i lil~ely to default an the mortgage within the upcoming four months due tv a lack of funds, and the homeavuner has reported
this belief to:
~i} The mortgagees
iii} A person licensed ar required to be licensed under chapter ~9.~~~ RGVV;
~iii~ A person licensed or required to be licensed under chapter ~ 9. ~~B ~GVII; .
Div} A person licensed or required to be licensed under chapter ~ 8.8~ RVV;
~v} An attorney-at~iaw;
~vi~ A mortgage counselor ar other credit counselor licensed or certified by any federal, state, or loco! agency; ar
vii} A~iy other party to a distressed property conveyance.
~9} "Landlord" means the awnert lessor, or sublessor of the dwelling unit or the properly of which it is a part, and in addition means
ar~y person designated as representative of the landlord, 5
~~I~} "l~lartgage" is used in the general sense and includes all instruments, including deeds of trust, that are used to secure are
obligation by an interest in real property.
t~ "owner" means one or mare persons, jointly or sevdrally, in wham is vested;
{a} Ail or any part of the legal title to property; ar
{b} All ar part of the beneficial ownership, ar~d a right to present use and enjoyment at' the property. .
{~2} "Person"' means an individuals group of individuals, corporation, govern~en#, or governmental agency, business trus#, estate,
trust, partnership, or association, two ar snore persons having a joint ar common interest, or any other legal ar commercial entity,
3} "Premises" means a dwelling unity appurtenances theretor grounds, and facilities held out for the use of tenants generally and ar~y other area ar facility which i held out €or use
by the tenant.
~~4~ "Property" or'°rental property" ~r~eans ail dwelling units an a contiguous quantity of land managed by the same landlord as a single, rental complex.
~ "Qualified inspector" mear7s a united eta#es department of housing and urban development certified inspector; a v~lashingtan
s#ate licensed home inspector, an American society of home inspectors cer#it•~ed inspector; a private inspector certil~ed by the national association of housing and redevelopment officials,
the American association of code enforcement, or other comparable professional
association as approved by the loco! municipality; a municipal code enforcement officer; a ~vashingtan licensed structural engineer; or a
Uvashingtorr licensed architect
G} "l~easanable attorney's fees", where authorised in this chapter, means an amount to be detertnir~ed including the fallowing
littp://apps.leg.wa.gov/rew/defatilt.aspx?cite=59,18&full=true 10/4/2010
~~a~pte~~ ~ ~.es~~ent~a~ ~a~~do~•dRxetlan~ act Wage 5 0~ 49
. factors: The time and labor required, tie novelty and difficulty of tl~e questions involved, the slciil requisite to perform the legal service
properly, the fee customarily charged in the locality for similar legal services, the amount involved and the results obtained, and the experience, reputation and ability of the lawyer
ar lawyers performing the services+
"Rental agreement" means all agreements which establish or modify tC~e terms, conditions, rules, regulations, ar any other provisions concerning the use and occupancy of a dwelling unit.
~fi8} A ~'sir~gle t'an~ily residence" is a structure maintained and used as a single dwelling unit. Notwithstanding that a dwelling unit
shares one ar mare walls with another dwelling unit, it shall be deemed a single ~a~nily residence if it has direct access to a street and sC~ares neither heating facilities nar hot
water equipment, nar any other essential facility or service, with any other dwelling unit.
9} A "tenant" is any person who is entitled to occupy a dweiling unit primarily far living or dwelling purposes under a rental agreement.
~2a ~ ~ ~ ~ ~48 i ; 2888 c 278 ~ 2; ~ 998 c 276 ~ ; ~ 973 ~ st ex.s. c 287 ~ 3. ]
Notes: Reviser's rote: Tho defi~it~an ~n this section have been a~phabet~zed pursuant to RCw ~,OS,O~~~}~~~,
, . .r - - - - -
~9,18.a~0 ~~ving arrangements e~cer~pted from chapter.
The fallowing living arrangements are not intended to he governed by the provisions of this chapter, unless established primarily to
avail its application, in which event the provisions of this chapter shall control; -
Residence at an institution, whether public ar private, where residence i merely incidental to detention ar the provision of
medical, religious, educational, recreational, ar similar services, including but riot limited to correctional facilities, licensed nursing
homesr monasteries and convents, and hospitals,
~2} occupancy under a bans fide earnest money agreement to purchase ar contract of sole of the dwelling unit or the properky of
which it is a part, where the tenant is, or stands in the place of, the purchaser;
Residence in a hates, motel, or other transient lodgi~~g whose operation is def ned in RCw ~ 9.~8.~~0;
Rental agreements entered into pursuant to the provisions of chapter ~ R~1~ where occupancy is by an owner-condenrnee and where such agreement does not violate the public policy of this
state of ensuring decentr safe, ar~d ranitary housing and is sv
certified by the consumer protection division of the attorney general's office;
~5} Rental agreements far the use of any single family residence which are incldental to leases or rentals entered into in connection
with a lease of land to be used primarily far agricultural purposes;
RentaC agreements providing hauling far seasonal agricultural employees while provided in conjunction with such err~playment;
Rental agreements with the state of wahingtan, department of natural resources, on public la~~ds governed by Title 79 RVI~;
~8} occupancy by an empCoyee of a landlord whose right to occupy is conditioned upon em~layment in ar about the premises.
989 c 342 ~ 3; ~ 973 ~ st ex.s. ~ 287 ~ F]
59~~ S,~~D
Jurisdiction of distric# and superior courts,
The district ar superior courts of this state nay exercise jurisdiction over any landlord or tenant with respect to any conduct in this state governed by this chapter or with respect
to any claim arisi~~g Pram a transaction su>~ject to this chapter usrithin the respective jurisdictions
of the district or superior courts as provided in Article i11, section of the constitution of tC~e state of Uvashingtan.
973 ~ st ex.s. c 2D7 ~ 5.]
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C~s . .
i~otic~ ~ Aite~nat~v~ procad~re ~ Court's jur~sd~ct~o~ ~~~i~~d ~ Applica~~on ~o chapter 9.2D ~Cw,
whe~~ the plail'~tiff, aftertl~e exercise of due diligence, is unable to personally serve the summons an the defendant, the court may
authorize the alternative means of service described herein Upon filing of an affidavit from the person or persons attempting service
describing those attempts, and the filing of an affidavit from the plaintiff, plaintiff s agent, ar plaintiffs attorney stating the belief that the defendant Gannet be found, the court
nay eater an order authorizing service of the surnmans as follav~s:
~a} The summons and complaint shall be posted in a conspicuous place on the premises unlawfully held, not less than nine days
frolr~ the return date stated in the summons; and
fib} Copies of the summons and complaint shall be deposited in the mail, postage prepaid, by both regular mail and certified mail
directed to the defendant's or defendants' last known address net less than nine days from the return date stated in the summons.
Vl~hen service on the defendant ar defendants is arccor~plished by this alternative procedure, the courk's Jurisdiction is limited to
restoring possession of the premises to the plaintiff and no rnaney judgment may be entered against the.defendant or defendants ~~ntil such time a jurisdiction aver the defendant or
defendants is obtained.
{~}This section shall appty to this chapter and chapter ~~.20 RCIr1~,
[~9~7 ~ S~ ~~8~ c 3~~ ~~4.j
~and~ord iDutios.
The landlord will at all times during the tenancy keep the premises ft for human habitation, and shall in particr~far.
Maintain the premises to substantially comply with any applicable code, statute, ordinance, ar regulation governing their
maintenance or operation, which the legislative body enacting the applicable code, statute, ordinance or regulation could enforce as to
the premises rented if such condition substantially endangers or impairs the health or safety of the tenant;
Maintain the roofs, floors, walls, chimneys, fireplaces, foundations, and all ether structural components ire reasonably good repair
sa as to be usable and capable of resisting any and all normal forces and loads to which they may be s~b~ected;
{3} l~Ceep any shared or Gammon areas reasonably clean, sanitary, and safe from defects increasing the hazards of ire or acciden#;
Provide a reasonable program for the central of infestation by insects, raden#s, and other pests at the initiation of the tenancy
and, except in the case of a single family residencef control infestation during tenancy except where such infestation is caused by the tenant;
Except where the condition is attributable to normal wear and tear, make repairs and arrangements necessary #a put and keep the premises in as good candi#ion as it toy law or rental
agreement should have been, at the commencert~ent of the tenancy;
~6} Provide reasonably adequate locks and furnish keys to the tenant;
~l} Maintain all electrical, plumbing, heating, and other facilities and appliances supplied by hin~ in reasonably good working order;
{8} Maintain the dwelling unit in reasonably weathertight condition; .
~9} Except in the case of a single family residence, provide and maintain appropriate receptacles in Gammon areas for the re~r~avaf of
ashes, rubbish, and garbager incidental to the occupancy and arrange far the reasonable and regular removal of such waste;
~~a} Except where the building is net equipped far the purpose, provide facilities adequate to supply heat and water and hat water as
reasonably required by the tenon#;
~ ~{a} i~ravide a written notice to all tenants disclosing ire safety and protection information. The landlord or his or her authorized
agent rrius# provide a written native #o the tenant that the dwelling Unit is equipped with a smoke detection device as required in ~RCV1!
48,48~~4g. The native shall infarn~ the tenant of the tenant's responsibility to maintain the smoke detectivn device in proper operating
condition and of penalties far failure to carnply with the previsions of *I~C~V ~8.4~. ~40~}, The notice ir~ust be sig~~ed by the landlord ar the landlord's authorized agent and tenant
with copies provided #a both porkies. further, except with respect to asingle-fai'~ily
f ! 7 ! 1 A 1 n 4. r~ a n n rti !f • n 7 ~ 7w ra ~ n
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~iaa~~tcr ~ . ~ 8 ~ ~i~~~tia~ Ia~~~l~~~~dyte~~at~t act ~a~e 7 a~` 49
residence, the written notice must also disclose the following:
{i} Whether the sr~olce detection device is hardwired ar battery operated;
{ii} Ul~e#her the building has .afire sprinkler system;
viii} Whether the building has a fire alarm system;
{iu} U1~hether the building has a smoking policy, and what that policy is;
~v} Whether the building has an emergency notification plan far the occupants and, if v, provide a copy to the occupants;
Zvi} Whether the building has an emergency relocation plan for the occ~rpants and, if sv, provide a copy to the occupants; and
{vii} Whether the building has an emergency e~racuation plan for the occupants and, if so, provide a copy to the accupants~
{b} The information required under this subsection may be provided to a tenant in a multifamily residential b«ilding either as a written
notice or as a checklist that discloses whether the building has fire safety and protection devices and systems. The checklist shall
include a diagram showing the emergency evacuation routes for the occupants,
{c}The written notice or checklist must be provided to new tenants at the time the.lease ar rental agreement is signed, and must be
provided to current tenants as soon as possible, but not later than January 2004,
provide tenants with information provided 4r approved by the department of health about the health hazards associated with
exposure to indoor mold. Information may be provided in written format individually to each tenant, or nay be posted in a visible, public
location at the dwelling unit property. The information must detail haw tenants can control mold growth in their dwelling units to
minimize the health risKs associated with indoor mall, Landlords may obtain the information from the department's web site ar, if requested by the landlord, the department must mail
the information to the landlord in a printed format. When developing or changing
the infarrnatian, the department of health must include representatives of landlords in the development process. The information rr~ust
be provided by the landlord to new tenants at the time the lease ar rental agreement is signed, and rust be provided to current tenants na later than January 2gg6, Qr must be posted
in a visible, public location at the dwelling unit property beginning duly 24, 2D0~;
{~3} The landlord and his or her agents and employees are immune from civil liability for failure to comply with subsection ~~2} of this
section except where the landlord and his ar her agents and employees Knowingly and intentionally do not comply with subsection 2} of this section; and
designate to the tenant the name and address of the person who is the landlord by a statement on the rental agreement or by a notice conspicuously pasted an the premises. The tenant
shall be notified immediately of any changes by certified mail or by an
updated posting, If the person designated in this section does not reside in the state where the premises are located, there shall also be
designated a person who resides in the county who is authorized to act as an agent far the purposes of service of notices and process,
and if na designation is made of a person to act as agent, then the person to whom rental payments are to be made shall be considered such agent;
Na duty shat[ devalue upon the landlord to repair a defective condition under this section, nor shall any defense ar remedy be available to the tenant under this chapter, where the defective
condition complained of was caused by the conduct of such tenant, his
family, invitee, ar other person acting under his control, or where a tenant unreasonably fails to allow the landlord access to the property
far purposes of repair, When the duty imposed by subsection of this section is inca~~patible with and greaterthan the duty imposed
by any other provisions of this section, the landlord's duty shall be determined pursuant to subsection of this section.
C ~$5 2092 C 259 ~ "994 C X54 2; ~9T31t ex., C 2D7
Notes:
~Reviser'a note: RAW ~B.~S, ~ was recodifed as IOW 4.44. ~ ~ ~ pursuant to 2g0~ c 25 ~ ~ .
Finding c 4t~~; "The legislature finds that residents of the state face preventable exposures to n~ald in their
hones, apartments, and schools Exposure to rr~old, and the toxins they produce, have been found to have adverse
health effects, including lass of memory and impairr~ent afthe ab[lity to thinkcoherently and function in a job, and may .
cause fatigue, nausea, and headaches.
As steps can betaken by landlords and tenants to minimize exposure to indoor n~ald, and as the reduction of
exposure to mold in buildings could reduce the rising number of rr~old'related claims submitted to insurance companies
and increase the availability ot" coverage, the legislature supports providing tenants and landlords with information
designed to rninimi~e the public's exposure to mold~'f [~I~D c ~ ~ ~
i 11 f t 1 i r'+ i. n n~ n n r'+ 1 f ~ r. r ~ r.-r n a n
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~~a~t~~~ 5~, ~ ~ ~e~dcntiI and~arc~~f~~~a~.t act ~ gage S ~f 49
~,andl~rd ~ ~ravide written receipt upon request,
A landlord shall provide, upon the request of a tenant, a written receipt for any payments made by the tenant.
~~997 ~ 84 ~
.~.~z.-TT._.~.rT.,~.-~------_._.--~--- , M_..-~-~-----~ - - - - - - - - - -
59,~ ~07~ Landlord ~ i=allure to perform duties ~ Notice tram tenant -Contents Time limits for landlord's remedial
action.
if at any time during the tenancy the landlord falls to carry out the duties required by R~U11 ~9.~8.a6a ar by the rental agreerr~ent, the
tenant may, in addition to pursuit of re~nedles otherwise provided him or her by law, deliver written na#iae to the person designated in RUV 9.~8.Dg{~4}, ar to the person who collects
the rent, which notice shall specify the premises involved, the name ofthe anerF if
known, and the nature of the defective condition the landlord shall ca~nmence remedial action after receipt of such notice by the tenant
as scan as passible but not later than the following time periods, except where circu~r~stances are beyond the landlord`s control;
Not more than twenty~four hours, where the defective condition deprives the tenant of hot ar cold water, heat, or electricity, ar is
irr~minently hazardous to life;
Not more than seventy-two hours, where the defective condition deprives the tenant of the use of a refrigerator, range and oven,
or a mayor plumbing fixture supplied by the landlord; and
Not mare than ten days in all other cases.
In each instance the burden shall be on the landlord #a see that remedial warp under this section i completed promptly. If
completion is delayed due to circumstances beyond the landlord"s control, including the unavailability of financing, the landlord shall remedy the defective condition as soon as passible
~2~ ~ 0 c 8 § ~ 90~ ~ 98~ ~ 342 ~ ~ X73 ~ st ex~, ~ 2~~ ~
~9~~ 8.15
ei~u~e of illegal drugs ~ N~tificatian oflandlord~
}Any law enforcement agency which seizes a legend drug pursuant to a violation of chapter 69.~4~ ~V11, a controlled substance
pursuant to a violation of chapter ~g.SD l~Cllll, ar an imitation controlled substance pursuant to a violation of chapter G9.~~ Rllll, shall
make a reasonable attempt to discover the identity of the landlord and shall notify the landlord in writing, at the last address listed in the
property tax records and at any other address known to the law enforcement agency, of the sel~ure and the facatian of the seizure of the illegal drugs ar substances.
{2} Any law enforaelr~ent agency which arrests a tenant for threatening another tenant with a firearm or other deadly weapon, ar far same other unlawful use of a firearr~ or other deadly
weapon ors the rental premises, ar for physically assaulting another person an the
rental prern~isesr shall make a reasonable attempt to discover the identity of the landlord and notify the landlord about the arrest in
writing, at the last address listed in the property tax records and at any other address known to the law enforcerr~ent agency.
c 38 § 4; ~ 988 c ~ ~0 ~ ~ ~
Notes:
intent W- Effective date " ~ c t~~ fee notes fallowing RVU ~ 8.35,
Legislative findings everability y~ X988 c ~~0= fee notes fallowing R~11V ~9.~i8.~i3D.
.
~9~~8,48D
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~ha~e~~ 59~ ~ 8 Re~d~t~~~al land~or-tenant a~~ gage 9 49
Paymentaf~~ntondition foexerciarng rem~di~~Exa~ptians, .
The tenant shall be current in the payment of runt including ail utiG#ies which the tenant has agreed in the rental agreement #o pay
before exercising any of the remedies accorded him or her underthe provisions of this chapter:l'ROVIDED, That this section shall not . be construed as limiting the tenant's civil remedies
far negligent or intentional damages: PROVIDED i~URTH~R, That this section shall
not be construed as limiting the tenantrs right in an unlawful detainer proceeding #o raise the defense that there is no rent due and
owing.
[~O~o c 8 ~ ~9~~9; 9731st ex.s, c~07 ~ 8.}
V i~~ ~ V~ V
Rental of c~r~dernned o~ unlawful dweilin -Tenant's ~amedie ~ Ralacation asifana~ ~ Penalties.
if a governmenta! agency responsible for the enforcement of a building, hoE~sing, or other appropriate code has notified the landlord
that a dwelling is condemned or unlawful to occupy due to the existence of conditions that violate applicable codes, statutes, ordinances, or regulations, a landlord shall not enter
into a rental agreement far the dwelling unit until the conditions are corrected.
if a Landlord knowingly violates subsection of this section, the tenant shall recover either three months' periodic rent or up to
treble the actual damages sustained as a result of the violation, whichever is greater, costs of suit, or arbitration and reasonable attorneys' fees. if the tenant elect tv terminate
the tenancy as a result of the conditions leading to the pasting, or if the appropriate
governmental agency requires that the tenant vacate the premises, the tenant also shall recover:
~a} The entire amount of any deposit prepaid by the tenant; and
Eby All prepaid rent.
~3}~a} if a governmental agency responsible for the enforcement of a building, housing, or other appropriate cede has notified the
landlord that a dwelling will be condemned or will be unlawful #o occupy due to the existence of conditions that violate applicable codes,
statutes, ordinances, or regulations, a landlord, who knew or should have known of the existence of these conditions, shall be required to pay relocation assistance to the displaced
tenants except that:
{i} A landlord shall not be required to pay relocation assistance to any displaced tenant in a case in which the condennation or no
occupancy order affects one or mare dwelling units and directly results from conditions caused by a tenant's or any third party"s illegal conduct without the landlord's prior l~nowledge;
{ii} A landlord shall not be required to pay relocation assistance to any displaced tenant in a case in which the conden~naticn or no occupancy order affects one or mare dwelling units
and results from conditions arising from a natural disaster such asF but not
exclusively, an earthquake, tsunami, wind storm, or hurricane; and _
viii} A landlord shall not be required to pay relocation assistance to any displaced tenant in a case in which a condemnation affects one or more dwelling units and the tenant's displacement
is a direct result of the acquisition of the property by eminent domain.
~h} Relocation assistance provided to displaced tenants under this subsection shall be the greater amount of two thousand dollars per dwelting unit or three times the monthly rent. In
addition to relocation assistance, the landlord shall loe required to pay to the
displaced tenants the entire amount of any deposit prepaid by the tenant and all prepaid rent
~c}The landlord shall pay relocation assistance and any prepaid deposit and prepaid rent to displaced tenants within seven days of the governmental agency sending notice of the condemnation,
eviction, or displacement order tc the landlord. The landlord shall pay
relocation assistance and any prepaid deposit and prepaid rent either by making individual payments by certified check to displaced
tenants or by providing a certified check #o the governmental agency ordering condemnation, eviction, or displace~r~ent, for distribution to the displaced tenants If the landlord fails
to complete payment of relocation assistance within the period required under this
subsection, the city, town, county, ar municipal corporation may advance the cost of the relocation assistance payments to the
displaced tenants.
~d~ During the period from the date that a governmental agency responsible far the enforce~r~ent of a building, housing, or other
appropriate code first natives the landlord of conditio~~s that violate applicable codes, statutes, ordinances" or regulations to the time
that relocation assistance payments are paid to eligible tenants, or the conditions leading to the notification are corrected, the landlord may not:
~i} Evict, harass, or intimidate tenants info vacating their units for the purpose of avoiding or diminishing application of this section;
iii} Reduce services to any tenant; or .
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~~a~~fc~~ 59. ~ S ~cs~dez~t~a1 ~ax~dlor~~fet~~titr cf ~~.e ~ ~ of ~9
{iii Materially increase or change the abligatians of any tenant, including but not limited to any rent increase,
{e} Displaced tenants shall be entitled to recover any relocation assistance, prepaid deposits, and prepaid rent required by {b} of this
subsection. In addition, displaced tenants shall be entitled to recover any actual damages sustained by #hem as a result of the
condemnation, eviction, or displacement that exceed the amaunt of relocation assistance that is payable. In any action brought by
displaced tenants to recover any payments or damages required ar authorized by this subsection {3}{e} or~ {c~ of this subsection that are not paid by the landlord ar advanced by the
city, town, county, or rn~rnicipal corporation, the displaced tenants shall also be entitled to
recover their costs of suit or arbitration and reasonable attorneys' fees
~f} If, after sixty days from the date that the city, town, county, or municipal corporation first advanced relocation assistance funds to
the displaced tenants, a landlord has failed to repay the amaunt of relocation assistance advanced by the city, town, county, ar
municipal corporation under {c} of this subsection, then the city, town, county, ar municipal corporation shall assess civil penalties in the
amount of ~fty dollars per day for each tenant to whom the city, town, county, or municipal carparatian has advanced a relocation assiStanC~ payrr~ent,
{g~ In addition to the penalties set forth in {f} of this subsection, interest will accrue on fhe amount of relocation assistance paid by the city, town, county, or municipal corporation
for which the property owner has not reimbursed the city, fawn, county, ar municipal
carparatian. The ra#e of interest shall be the maximum legal rate of interest permitted under RCw ~9~2.g~0, commencing thirty days
after the da#e that the city, town, county, or municipal corporation first advanced relocation assistance funds to the displaced tenants
{h} if the city, fawn, county, or municipal corporation must initiate legal action in order to recover the amaunt of relacatian assistance
payments that it has advanced to law~income tenants, including any interest and penalties under {f} and fig} of this subsection, the city,
town, countyF ar municipal corporation.shal! be entitled to attorneys' fees and casts arising from Its legal action.
{4} The gavernmen#al~ agency that has notified the landlord that a dwelling will be condemned or will be unlawful to occupy shall
notify the displaced tenants that they nay be entitled to relocation assistance under this section.
{5} No payment received by a displaced tenant under this section may be considered as income for the purpose of determining the
eligibility ar extent of eligibility of any person far assistance under any state law ar for the purposes of any tax imposed under Title 8~
RVV, and the payments shall not be deducted from any amaunt to which any recipient would otherwise be entitled under Title 7~4 R~~11~, .
~~}{a~ A person uuhose living arrangements are exe~~pted from this chapter under ~w ~9. ~ 8.40{3~ and who has resided in ar
occupied one or more dwelling units within a hotel, motel, or other place of Transient lodging for thirty or more consecutive days with the lcnawledge and consent of the owner of the
hotel, motel, ar other place of transient lodging, or any manager, clerk, or other agent
representing the owner, is deemed to be a tenant for the purposes of this section and is entitled to receive relocation assistance under
the circumstances described in subsection or of this section except that all relocation assistance and other payments shall be made directly to the displaced tenants. .
{b} An interruption in occupancy primarily intended to avoid the application of this section does not affect the application of this
section
{c} An occupancy agreement, whether oral ar written, in which the provisions of this section are waived is deemed against public
policy and is unenforceable
f a+~~~ Lt F1/~ ~ F L~/~RS,+ ~ ~~"T ~ F.r ~~SlCJ V ~TG ~ k~.]
Dotes:
Purpose ~aD c 3~4: "The people of the state of Uvashington deserve decent, safe, and sanitary housing. e~tain
tenants in the state ofvl~ashington ha~re remained in rental housing thatdoes not r~eetthe state's minimum standards
far health and safety because they cannot afford to pay the costs of relocation in advance of occupying new, safe, and habitable housing. In egregious cases, authorities have been forced
to condemn property when landlords have failed to
remedy building code or health Cade violations after repeated notice, and, as result, families with limited financial
resources have been displaced and left with nowhere toga.
The purpose of this act is to establish a process by which displaced tenants would receive funds for relocation from landlords who fail to provide safe and sanitary housing after due
notice of building code ar health code ~iolations~ It is
also the purpose of this act to provide enforcement mechanisms to cities, towns, counties, or municipal corporations
including the ability to advance relacatian funds to tenants who are displaced as a result of a landlord's failure to
remedy building cede or health code violations and later to collect the full amounts of these relocation funds, clang with
interest and penalties, fror~ landlords." ~20a~ c X04 .
onstructtan X005 c X64: "The pagers and authority conferred by this act are in addition and supplemental to~
pavers ar authority conferred by any other law or authority, and nothing contained herein shall be construed to preempt
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ha~tc~~ 5. ~ 8 ~.e~~et~al ~ndlQrd~~c~at~t pct ~.e l l o~ 4~
any local ordinance requiring re~ocat'ron assistance to tenants displaced by a landlord`s fa~~ure ~o remedy building cede
or health code violations," ~200~ c 5~
~.a~~
Landlord`s failure to remedy defective condition -Tenant's choice of actions
lf, after receipt of written notice, and expiration of the applicable period of tinZe, as provided in RCUU 5g.~ S.o~O, the Landlord fails to remedy the defective condition within a reasonable
time the tenant may:
~~}Terminate the rental agreement and quit the premises upon written notice to the landlord without further obligation under the rental agreement, in which case he yr she shall be discharged
fror~ payment of rent for any period fallowing the quitting date, and shat!
be entitled to a pro rata refund of any prepaid rent, and shall receive a full and specific statement of the basis for retaining any of the
deposit together with any refund due in accordance urith RC1N 59.~8.~80; .
~2} firing an action in an appropriate court, yr at arbitration if so agreed, for any remedy provided under this chapter ar otherwise
provided by law; or
Pursue ether remedies available under this chapter.
120 ~ C $ ~ ~ ~~2~, 'I X73 '~St e7C.$. C CDT § 9~~
Landlord's failure to carry out duties ~ Repairs effected by tenant Procedure ~ Deduction of cost from rent
l~fmltatlansy
If at any time during the tenancy, the Landlord fails tv carry out any of the duties imposed by RCI ~9.~8~OGg, and notice of the
defect is given to the sandlord pursuant to RCw 59. ~ 8,07D, the tenant may submit to the landlord or his or her designated agent by
certified mall or in person a goad faith estimate by the tenant of the cost tv perform the repairs necessary tv correct the defective
condition if the repair is to be done by licensed ar registered persons, or if nv licensing or reg'rstratian requirement applies to the type of worl~ to be performed, the cost if the
repair is to be done by respvr~sible persons capable of performing such repairs, Such estimate
may be submitted to the landlord at the carne time as notice is gi~ren pursuant tv R 59.E 8,~7g; PROVIDED, That the remedy
provided in this section shall not be available for a landlord's failure tv carry ot~t the duties in RClll~ ~9.~8.~~0 fig} and ~~4~: PROVIDED FURTHER, That if the tenant utilizes this
section far repairs pursuant tv RCUV 9.~~.Dg~~O}, the tenant shall promptly provide the
Landlord with a lcey to aoy new yr replaced lvcl~s. The amount the tenant may deduct fror~ the rent ray vary from the estimate, but
cannot exceed the one-r~onth limit as described in subsection of this section.
if the Landlord fails tv commence rerr~edial action of the defective condition within the applicable time period after receipt of notice
and the estimate from the~tenant, the tenant ray contract with a licensed or registered person, or with a responsible person capable of
performing the repair if no License or registration is required, tv make the repair, and upon the completion of the repair and an opportunity for inspection by the Landlord or his or
her designated agent, the tenant ray deduct the cost of repair from the rent in an
amount not to exceed the sum expressed in dollars representing one month`s rental of the tenant's unit per repair: PROVIDE, That
when the landlord must commence to remedy the defective condition within ten days as provided in RC g.~ 8.g~g~3}, the tenant
cannot contract for repairs for fen days after notice yr five days after the landlord receives the estimate, whichever is later; I?R01![DED FURTHER, That the total costs of repairs deducted
in any twelve~n~onth period under this subsection shall not exceed the sum
expressed in dollars representing two rnon#h's rental of the tenant's unit.
If the Landlord fails tv carry out the duties imposed by RCw 59.~8.OS0 within tl~e applicable time period, end if the cost of repair
does not exceed one-half month's rent, including the cast of materials and labor, which shall be computed at the prevailing rate in the
corr~rnunity for the performance of such war[c, and if repair of the condition need not by law be performed only by licensed or registered
persons, and if the tenant has given notice under RC ~9.~5.~70, although no estimate shall be necessary under this subsection, the tenant may repair the defective condition in a worlcrnanlilce
manner and upon completion of the repair and an opportunity for inspection,
the tenant may deduct the cast of repair from the rent: PROVIDED, That repairs under this subsection are limited to defects within the
leased premises. PROVIDED FURTHER, That the cost per repair shall not exceed one~half month's rent of the unit and that the total casts of repairs deducted in any tweLve~r~onth period
under this subsection shall not exceed one month's rent of the unit.
~`f}The provisions of this section shall not;
~a~ Create a relationship of employer and employee between landlord and tenant; or
~b}Create liability under the workers` compensation act; or
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C~~a~tcr S~,~S R~ ~es~dc~t~a~ ~a~~d~~~~d~y~e~.~t ~.ct ~ gage ~2 0`49
~c} anstitute the Tenant as an agent of the landlord for the purposes of *RCw ~o.D~.O~ 0 and 6D.0~.~4D.
~5} Any repair work performed under the pra~risions of this section shall corr~p#y with the requirements imposed by ar~y applicable
cads, state#~, ordinance,, or regulation. A landlord whose property is damaged because of repairs performed in a negligent ~~anner may
recover the actual damages in an action agains# the tenant
Nothing in this section shall prevent the tenant from agreeing with the landfard to undertake the repairs himself or herself Cn
return for cash payment ar a reasonable reduction in rentF the agreement thereof to be agreed upon between the parties, end such
agreement does not alter the #andlord's obligations under this chapter.
1200 ~ S X989 c 34~ ~98~ c ~8~ 3~; X973 ~sf ex.~. ~ ~Ol ~ ~0.~
Notes:
*Reviser's note, I~UU G~.a4,~~ D and ~~O~,a~~ were repealed by 'l c ~8fi 3fi, effective April fi~, fi 9~.
Intent severabiIlty ~ 987 c ~ 8; See notes failow~ng RI~v . fi 2. fi 3~.
~ailu~e of landlord to carry out duties ^ Deterrr~ination lay court ar arhltrator - Judgment agalnsf landlord far
dirr~inihed rental value and repair costs-enforcement of judgment ~eductlan in reef under certain
conditions.
#f a court or an arbitrator determines tha#:
~a} A landlord has failed to carry out a duty or duties impaled by R~UV 9.~8~D~D; and
i
~b~ A reasonable time has passed far the landlord to remedy the defective condition following notice to the ~andCord in accordance with RCV1I5g~~S.g70 or such other time a may be allotted
by thecourt ar arbitrator; the court or arbitrator may determine the
diminution in rental value of the premises due to the defective condition and shall reader judgment against the landlord for the rent paid
Cn excess of such diminished yenta! value from the time of notice of such defect to the time of decision and any casts of repair lane pursuant to RI~V 59.8.100 far which na deduction
has been previous#y made. such decisions may be enforced as ather~udgment at
law and shall be available to the tenant as asst-off against any existing or subsequent claims of the landCord.
The court or arbitrator may also authorise the tenant to make orcontract to make further corrective repairs: PR~111DED, That the court specifies a time period in which the landlord may
ma#Ce such repairs before the tenant may commence or can#ract far such
repairsF PR~VI~~~ ~URTH~R, That such repairs shall not exceed the sum expressed in dollars representing one month's rental of the
tenant's unit in any one calendar gear, i
~2} The tenant shaCl not be oblCgated to pay rent in excess of the diminished rental value of the premises until sash defect ar defects
are corrected by the landlord ar until the court or arbitrator determines otherwise.
[1 ~T ~ ex,s, c X07 § ~ ~
. T
-~__~T~~_--------- -
9,~ ~ ~ u~etandard and dangeraus conditions - Notice to landlord - government certification ~ Eacrvw account,
The legislature finds tha# same tenants live in residences that ara substandard and dangerous to their health and safety and that the
repair and deduct remedies of RC 59, ~ 8.104 may not be adequate to rennedy substandard and dangerous conditiansF Therefore, an
extraardi~~ary remedy is necessary if the conditions substantially. endanger or impair the heaCth and safety of the tenant
~}~a} if a landlord fails to fulfill any substantial obligat#on imposed by R1N 59.`i8,0~D that substantially endangers or impairs the
health or safety of a tena~~t, including ~i} structural members that are of insufficient sire or strength #a carry ir~paed loads with safety, iii} exposure of the occupants to the weather,
{iii} plumbing and sanitation defects that directly expose the occupants to the risk of
illness yr injury, Div} look of water, including hat water, ~v} ~eatir~g ar ventilation ys#ems that are not functional or are hazardous, Zvi}
defective, hazardous, or missing electrical wiring or electrCcal service, wily defective or inadequate exits that increase the risk of injury to
occupants, and ~viii~ Condit{ons that increase the risk of fire, the tenant shaCl give notice in writing to the #andlard, specifying the candit'rans, acts, omissions, or violatians~
Such native shalC be sent to the landlord ar to the person or place where rent is normally paid.
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~~aapt~r 59~ ~ ~ .eidcr~tial ~a~~dlo~~~-t~~~an~ tae ~ ~ o 4~
fib} if after receipt of the notice described in ~a} of this subset#ion the landlord fails to remedy the condition ar candi#ions within a
reasonable amount of time under Raw 59F18~g~D, the tenant may request that the local governt~ent provide far an inspection of the premises vuith regard to the specific condition or conditions
that exist as provided in ~a} of this subsection The local gavern~nent shall
have the appropriate government official, ar nay designate a public or disinterested private person or company capable of conducting
the inspection and rr~aking the certification, conduct an inspec#ion of the specific condition or conditions listed by the tenant, and shall
not inspect nor be liable for any other condition ar conditions of the premises. The purpose of this inspection is to verify, to the best of the inspector's ability, whether the tenant's
listed condition or conditions exist and substantially endanger the tenant's health or safety
under ~a~ of this subset#ion; the inspection is for the purposes of this private civil remedy, and therefore shall not be related to any other
governmental function sr~ch as enforcement of any code, ordinance, ar state law.
~c} The local government ar ifs designee, after receiving the request from the tenant to conduct an inspection under this section,
shall conduct the inspection and make any certification within a reasonable amount of time not more than five days from the date of
receipt of the request. The local government or its designee may enter the premises at any reasonable time to do the inspection, provided that he ar she first shall display proper credentials
and request entry. The local gavernfir~ent ar its designee shall whenever
practicable, taking into cansideratian the imminence of any threat #o the tenant's health ar safety, give the landlord at least twenty~fat~r
hours notice of the date and time of inspection and provide the landlord with an oppor#unity to be present at the tine of the inspection. The landlord shall have no power or authority
to prohibit entry for the inspection.
~d}The loaf government or its designee shall certify whether the condition ar the conditions specified by the tenant do exist and do
make the premises substantially unfit for human habitation or can be a substantial risk to the health and safety of the tenant as. described in ~a} of this subsection. The certification
shall be provided to the tenant, and a copy shall be included by the #enant with the
notice sent to the landlord under subsection ~3} of this section The cer#ification may be appealed to the local board of appeals, but the
appeal shall not delay ar preclude the tenant from proceeding with the escrow under this section,
~e~ The tenant shall not be entitled to deposit rent in escrow pursuant to this section unless the tenant first makes a good faith
deterrninatiarr that he or she is unable to repair the conditions described in the certification issued pursuant to subsection ~~}~d} of this
section through use of the repair remedies authorized lay Rw 59. ~ 8.~0~,
~f} if the local government or its designee cer#il•ies that the condition or conditions specified by the tenant exist, the tenant shall then
either pay the periodic rent due to the landlord ar deposit all periodic rent then called for in the rental agreement and all rent #hereafter called for in the rental agreement into
an escrow account maintained by a person authorized by law to set up and maintain escrow
accounts, including escrow companies under chapter ~ 8.44 f~Cllll, financial lnstitutionst or attorneys, or with the clerk of the court of the
district ar superior court where the property is located. These depositories are hereinafter referred to as "escrow." The tenant shall
notify the landlord in writing of the deposit by mailing the notice postage prepaid by first-class mail or by delivering the notice to the landlord promptly but not r~ore than twenty-four
hours after the deposit.
~g}This section, when elected as a remedy by the tenant by sending the notice under subsection of this sec#ion, shall be the exclusive remedy available to the tenant regarding defects
described in the certification under subsection.{}~d} of this sec#ion:
P~~~1lDED, That the tenant may simultaneously camrnence or pursue an action in an appropriate court, ar at arbitration if sa agreed,
to determine pas#, present, ar future dir~inution in rental value of the premises due to any defective canditians. .
{~}The notice #o the landlord of the rent escrow unaler this section shall be a sworn statement by the tenant in substantially the
fallowing form.
~OTICET~ i_ANQI,~I~I~ ~l; f~~NT ~C~~vV
Name of tenant:
Marne of landlord;
Name and address of escrow:
Date of deposit of rent into escrow.
Amount of rent deposited into escrow:
The following condition has been certified by e local building official #a substantially endanger, impair, ar affect the health or safety of
a tenant;
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That written notice of the conditions needing repair was provided to the landlord an and ,days have elapsed and the repairs nave nit been made,
{warn Ignature}
The escrow shad place all rent deposited in a separate rent escrow, account in the name of the escrow in a banl< ar savings and lawn association da~r~iciled in this state The escrow
shall keep in a separate daclcet an accaunt of each deposit, with the name and
address of the tenon#, and the name and address of the landlard and of the agent, if any.
{~}{a} A landlord who receives notice that the rent due has been deposited with an escrow pursuant to subsecttan of this section
may;
{i} Apply to the escrow far release of the funds after the local government certifies tC~at the repairs to the canditians listed in the notice under subsecttan of this section have been
properly repaired. The escrow shall release the funds to tl~e landlard less any
escrow casts for which the tenant is entitled to reimbursement pursuant to this section, immediately upon written receipt of the local
government certification that the repairs to tC~e conditions listed in the notice under subsection of this section have been properly
completed,
{ii} I~rle an action with the court and apply to the court for release of the rent on the grounds that the tenant did not comply with the
notice requirement of subsection or {3} of this section, Proceedings under tC~is subsection shall be gaverr~ed by the tix~e, service, and filing requirements of RCUV 5~, ~ S.3~g regarding
snow cause hearings.
{iii} t=ile an action with the court and apply to the court for release of the rent an tl~e grounds that there was na vialatian of any abligatian imposed upon the landlord ar that the
condition has been remedied, ~ .
{iv} This action may be f led in any court having jurisdiction, including small claims court. If the tenant has vacated tf~e premises ar if
the landlord has failed to commence an action with the court for release of the funds within sixty days after rent is deposited in escrow, the tenant may f le an action to determine
how and when any rent deposited in escrow shall be released ar disbursed. The landlard
shall not cam~r~ence an unlawful detainer action far nonpayment of reef by serving or fling a summons a.nd complaint if the tenant
initially pays the rent called for in the rental agreement that is due into escfaw as provided for under this section an ar before tl~e date rent is due ar an ar before the expiration
of a three-day notice to pay rent or vacate and continues to pay the rent into escrow as the
rent becomes due or prior to the expiration of a three-day native to pay rent ar vacatex provided that the landlord shall not be barred
from commencing an unlawful detainer ac#ian far nonpayment of rent if Cho amount of rent that i paid into escrow is less than the
amount of rent agreed upon in the rental agreement between the parties.
~b~ The tenant shall be named as a party to any action filed by the landlord under this section, and shall have the right to fie an
ansvuer and counterclaim, although any counterclaim shall be dismissed without prejudice if tl~e court or arbitrator determines that the tenant failed to follow the notice requirerr~ents
contained in this section. Any counterclaim can only claim diminished rental value related
to conditions specified by the tenant in the notice required under subsection {3} of this section. This limitation on the tenant's right to
counterclaim shall not affect the tenant's right to bring his or I~er awn separate actianF A trial shall be held within sixty days of tie date of
filing of the landlord's or tenant's complaint.
{c}The tenant shall be entitled to reimbursement far any esaraw casts or fees incurred far setting up or maintaining an escrow
accaunt pursuant to this section, unless the tenant did not comply with The nattce requirements of subsection {2} or {3} of this section. Any escra~u fees that are incurred far which
the tenant is entitled to reir~bursernent shall be deducted Tram the rent deposited in escrow
and remitted to the tenant at such time as any rent is released to the landlord The prevailing party in ar~y court action ar arbitration
brought under this section may also be awarded its costs and reasonable attarneyf fees.
{d} If a court deterr~ines a diminished rental value of the premises, the tenant may pay the rent due based on the diminished value
of the premises into escrow anti! the landlard makes the necessary repairs
{}{a} if a landlard brings an action for the release of rent deposited, the court may, upon application of the landlard, release part of
the rent an deposit for payment of the debt service on the premises, the insurance premiums far the prernisesr utility services, and
repairs to the rental unit
fib} In deterrr7ining whether to release rent for the payments described in ~a} of this subsection, the caurk shall consider the amount of
rent the landlard receives Tram other rental units in the buildings of which the residential premises are a park, the cost of operating Chase
units, and tl~e costs u~hicl~ maybe required to remedy the condition contained in the notice. The court shall also consider whether the
li p://apps.leg. a.gov/re /def ult.aspx?cite=5 f 18 full--true 101412010
~xaptci~ 59. ~ S ~es~de~xt~a~ ~a~~d~a~•c~~te~~a~at act ~agc 15 ~f ~
expenses are die or have already been paid, whe#her the landlord has other t~nancial resources, or whether the landlord or #enant will
suffer irreparable damage. The court may reques# the landlard to provide additional security, such as a bond, prior to authorizing release of any of the funds in escrow
X89 c ~2 ~ ~ 6.j
~efectiv~ conditEOn ~ Ur~fea~~l to r~n~edy defect-Ter~nlnation oftenanc~~
If a court or arbitrator determines a defective condition as described in R1~ 9.~~.06D to be so substantial that i# is unfeasible far the landlard to remedy the defect within the time
allotted by Raw 1~9.'i 8,a7D, and that the tenant should not remain m the dweii~ng unit in its
defective condition, the caur# or arbitrator may authorise the termination of the tenancy: P~~111DED, That the court or arbitrator sf~ail
set a reasonable tine far the #enant to vacate the premises.
[193 i st ~x.s. c ~a7 ~ ~i .
S,~S.~~~
Inspections by iac~l municipalities-frequency-Number o~ rental properties inspected- Notice-Appeals
I~enalties~
Local municipalities may require that landlords provide a certifica#e of inspection as a business license condition. A iQcal rr~unicipality does not need to have a business license or
registration program in order to require #hat landlords provide a certificate of inspection. A
certificate of inspection does not preclude ar limit inspections conducted pursuant to the tenant remedy as provided for in RCV11
~g.t8.~ at the request or consent of the tenant, or pursuant to a warrant.
~2} A qualified inspector who is conducting an inspection under this section may only investigate a rental property as needed to
provide a certificate of inspectian~
~3~ A local municipality may only require a certificate of inspec#~vn an a rental property ante every three years,
4~}~a} A rental property that has received a certificate of occupancy within the last four years and has had no code violations
reported on the property during that period is exempt tram i~~spection under this section.
{b} ~ rental property inspected by a governmen# agency or o#her qualified inspector within the previous twen#yyfaur man#hs may
provide proof of that insp~ctian which the local municipality may accept in lieu of a certificate of inspection. if any additional inspections of the rental property are conducted, a
copy of the findings of these inspections may also be required by the local municipality.
A rental properly owner may choose to insect one hundred percent o€ the units an the rental property and provide only the
certificate of inspection far all units to the local municipality. However, if a rental property owner chooses to inspect only a sampling of the units, the owner must send written notice
of the inspection to all units at the property. The native must advise tenants that carne of
the units at the property will be inspected and that the tenants whose units need repairs ar rnaintena~~ce should send written notit~cation
to the landlard as provided in RCw 9,t 8.D7g, The notice must also advise tenants that if the landlard fails to adequately respond to the request far repairs ar maintenance, the tenants
may contact local municipality af~cials, A Dopy of the notice must be provided to the
inspector upon request on the day of inspection.
~~}~a} If a rental property has twenty or fewer dwelling units, na more than faun dwelling units at the rental property may be selected by the local municipality to provide a certificate
of inspection as long as the initial inspection reveals #hat rya conditions exist that
endanger ar impair the health orafety of atenant
{b} if a rental property has twenty-one or more units, nv more than twenty percent of the units, rounded up to the next wtrole number,
an the rental property, and up to a maximum of fifty units at any one property, may be selected by the local municipality to provide a
certificate of inspection a fang as the initial inspection reveals that na conditions exist that endanger ar impair the health or safety of a
tenant.
~c} If a rental property is asked to provide a certificate of inspection far a sarr~ple of units on the property and a selected unit faits fhe
initial inspection, the local municipality may require up to one hundred percent of the units on the rental property to provide a certif<cate of i~~spection,
1 Jf ~ ~ ► i r+ t. n rn i rr n i+ fi ~ ~ nl,~ rrtin~ n
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~~laptet~ 59, ~ ~cs~de~at~al ~a~~d~oid~tc~~a~xt act Page 1 0~~9
~d} If a rental property has had conditions that endanger or impair the health ar safety of a tenant reported since the last required
inspection, the local municipality may require one hundred percent of the units an the rental property to provide a certificate of
inspection.
fie} If a rental property owner chooses to hire a qualified inspector other than a municipal pausing cads enforcement officer, ar~d a
selected unit of the rental property faits the initial inspection, both the results of the initial inspection and any certificate of inspection
must be provided to the [acal municipality.
{7}~a~ The landlord sha[I provide written nat[~cation of his ar her intent to enter an individual unit for the purposes of providing a local
~r~unicipality With a certif<cate Of Inspection in accordance Wlth ~~.~1~.~~0~~~. The written notice must indicate the date and
approximate time of the inspection and the company ar person performing the inspectianr and that the ter~ar~t has the right to see the inspecta~s identification before the inspector
eaters the individual unit. A copy of this notice must be pravided to the inspector upon
request an'the day of inspection.
fib} A tenant wha continues to deny access to his ar her unit is subject to Pl~v 59~~ ~ ~D{S},
~S} if a rental property owner does not agree with the findings of an inspection performed by a local municipality under #his section,
the local municipality shall offer an appeals process.
~9} A penalty far nancampliance under this section may be assessed by a local municipality. A local rr~unicipality may else notify the
landlord that until a cer[i~cate of inspection is provided, it is unlawful to rent ar to allow a tenant to continue to occupy the dwelling unit.
~~a} Any person wha knowingly submits or assists in the submission afa falsified certificate of ir~spectia~~, ar knowingly submits
falsified information upon which a certificate of inspection is issued, ls, in addition #a the penalties provided for in subsection ~9} of this
section, guilty of a gross misdemeanor and must ~e punished by a fine of not mare than five thousand dollars.
As of,tune ~a, 20~D, a local municipality may not enact an ardir~ance requiring a certificate of inspection un[ess the ordinance
complies with this sec#ion. This prohibition daes not preclude any amendments made to ardir~ances adopted before ,tune fig, 2g~0.
~~~~a c ~4$ ~ 2,]
.~~.~~....~.r.~.,t...Y.,~,~.t~.~.--.,---~-~~--r---~---- - - - -
5~~~ ~
~utie~ of ~ena~tR
each tenant shall pay the rental amount at such times and in such ~amaunts as pravided far in the rental agreer~ent or as otherwise
provided bylaw and comply with a[I obligations imposed upon tenants by applicable previsions of all municipal, county, and state codes, statutes, ordinances, and regulations, and in
addition shall:
fCeep that part of the premises which he ar she occupies and uses a clean and sanitary a the conditions of the pre~~ises permit;
Properly dispose from his ar her dwelling unit all rubbish, garbage, and ether organic or flammable waste, in a clean and sanitary
manner at reasonable and regular intervals, and assume all casts of exterrr~ination artd fumigation for infestation caused by the tenant;
Properly use and operate of l electrical, gas, peating, plurrrbing and other fixtures and appliances supplied by the landlord;
Nat intentionally or negligently destroy, deface, damage, impair, or remove any part of the structure or dwelling, with the
appurtenances thereto, ircluding the facilities, equipment, furniture, furnishings, and appliances, ar permit any member of his or her
fa~~ily, invitee, licensee, ar any person acting under his ar her central to do o, Violations maybe prosecuted under ci~apter 9A.~4~ RCVS
if the destruction IS intentional and ipallCiauS;
{~3 Not permit a nuisance ar common waste;
~G} Nat engage indrug-related activity at the rental premises, ar allo~v a subtenant, sublessee, resident, ar anyone else to engage in
drug-related activity a# the rental premises with the knowledge ar consent of the tenant. ~'Drug~related activity" means that activity which
constitutes a violation of chapter ~9.~4~, X9.50, or 69,~~ RUV; .
[1~~intain the smoke detection device ire accordance with the manufacturer's recommendations, including the replacement of
batteries ruher required for the proper operation of the smalCe detection device, as required in ~RCV~ ~g.~8, ~ ~D~3};
~8} Not engage in any activity at the rental premises that is
~a}Imminently hazardous to the physical safety of other persons on tie premises; and
http://apps.leg. a.gev/rew/clefault.aspx?citeT59.18 full true 101412010
~~a~tct~ X9.1 S T: Res~~e~xt~al ~a~l~~oiid~-~e~~~t act ~agc ~9
{b}~i} Entails physical assaults upon another person which result in an arrest; or ~ .
{ii} in#aiis the unlawful use of a firearm ar other deadly weapon as defined in RUU 9A,44.~ ~ 0 which results in an arrest, including
threatening another tenant or the landlord with a firearm ar other deadly weapon under RCV1~ 59.~~,52. Nothing in this subsection {8}
shall authorise the termination of tenancy and eviction of the victim of a physical ~ssaul# ar the victim of the use or threatened use of a firearm or other deadly weapon;
~9} Not engage in any gang-related activity a# the premises, a defined in RC ~9,~8,030, or allow another to engage in such
activi#y at the premises, that renders people in at least two or more dwelling units or residences insecure in fife ar the use of property or that injures or endangers the safety or
health of people in at least o ar more dwelling units or residences. In determining whether g
tenant is engaged in gang,reiated activity, a court should consider the totality of the circumstances, including factors such gs whether
there have been a significant number of complaints to the landlord ai~aut the tenant`s activities a# the property, damages done by the tenant to the propertyf including the property
of other tenants or neighbors, harassment or threats made by the tenant #a other tenants
or neighbors that have been reported to law enforcement agencies, any police incident reports involving the tenant, and the tenant's
crirriinal history, and
{~a} t"Ipon termingtion and vacationF restore the premises to their initial condition except for reasonable wear and tear or conditions
caused by failure of the landlord to comply wi#h his ar her obligations under this chap#er~ I~RDVIaEa, That the tenant shall not be
charged far normal ciear~ing if he or she has paid a nonrefundable cleaning flee,
X1998 ~ 27 ~ ~ 992 c 3S ~ ~ 99~ c ~ 54 3; ~ 988 c ~ 59 ~ 2; ~ 9~~ c 2~4 ~ 3; ~ 973 Tst ~x,s. c X97 13.E
Noes;
~~eviser' note. RCVV ~4$.~48, ~ ~0 was recodified as RI~U ~ ~ a pursuant to ~go~ ~ ~ 3.
Intent y~ effective date 4y ~~9~ c ~8: See notes following RCUIf ~9,~ 8a~~~.
legislative findings X98 c ~5~i "The legislature Ends that the illegal use} sale, and manufacture of drugs and
other drug-related activities is a statewide problem. innocent persons, especially children, who come into contact with
illegal drug~related activity ~rithin their own neighborhoods are seriously and adversely affected Rental property is
damaged and devalued by drug activities. The legislature further finds that a rapid and efficient response is necessary
to; ~~}Lessen the occurrence ofdrug-related enterprises; reduce the drug use and trafficking problems within this state; and ~3~ reduce the damage caused to persons and property by drug
activi#y, The legislature finds that it is
beneficial to rental property owners and to the public to permit landlords to quicl~ly and efficiently evict persons who
engage indrug-related activities at rented premises." g8i~ c ~ g ~ ~
everahility ~ 988 ~ 50. "if any provision of this act ar its application to any person or circumstance is held
invalid, the remainder of the act or the application ai the provision to other persons or circumstances is not affected." 988 c ~ a ~
~Yf~ V1~~}f
Reasona~ie obligations or restrictions ~ Tenant's duty #a conform.
The tenant shall conform #a all reasonable otaligations or restrictions, whether denominated by the landlord a rules, rental agreement,
rent, or otherwise, concerning the use, occupation, and maintenance of his ar her dwelling uni#, appurtenances thereto, and the property of which the dwei[ing unit is a part if such
obligations and restrictions are not in violation of any of the terms of this chapter and
are not otherwise contrary to law, and if such obligations and restrictions are brought to the attention of the tenant at the time of his ar
her initial occupancy of the dwelling unit and thus become park of the rental agreement. ~xcep# for termination of tenancy, after thirty
days written notice to each affected tenant, a new rule of tenancy including a change in the amount of rent may become effective upon completion of the term of the rental agreement or
sooner upon mutual consent,
[2~ ~ 9 c $ ~ 9922; ~ 989 c 342 S; ~ 97 ~ s~ ex.s. c 2~~ § ~ 4.]
Landlord`s right ofentry-purposes-Searches by fire officials-Searches by codo enforcementofficial for
inspection purposes ^ onditions~
n1. if up://app lei ova ov/rcw/def ult sp ?cite~59.18 full=true 1414/2010
~~~pfez~ 59. ~ : Rc~dc~~~~a~ ~atldloz~a~~~et~a~~~ act Pale 8 a~49
~~i}The tenant shall not unreasonably withhold consent to the landlord to enter into the dwelling unit in order to inspect the premises, make necessary or agreed repairs, al#eratians,
ar improve~~ents, supply necessary ar agreed services, or exhibit the dwelling unit to
prospective ar actual purchasers, ~r~artgagees, tenants, workers, or contractors.
Upon written no#ice of intent #a seek a search warrant, when a tenant or la~~dford denies a fire official the right to search a
dwelling unit, a fire official may immediately seek a search warrant and, upon a showing of proheble cause specific to the dwelling unit
sough# be searched that criminal fire code viofatians exit in the dwelling uni#, a court of competent jurisdiction shall issue a warrant allowing a search of the dwelling unit.
Upon written notice of intent to seep a search uuarrant, when a landlord denies a fire official the right to search the common areas of
the ren#af buifding other than the dwelling unit, a fire official may immediately seek a search warrant and, upon a showing of probable cause specifc to the common area sought to be
searched that a criminal ire code violation exists in those areas, a court of competent
jurisdiction shall issue a warrant allowing a search of the Gammon areas in which the violation is alleged.
The superior court and courts of limited jurisdiction organized under Titles , and 3~A RClll1 have jurisdic#ion to issue such
search warrants. evidence obtained pursuant to any such search may be used ire a civil or administrative enforcement action.
As used in this section:
~a} "Gammon areas" means a Gammon area ar those areas that contain electrfca[, plumbing, and rrtechanical equipr~ent and
facilities used far the operation of the rental building,
{b~ "Fire official" rneans.any fire official authorized #o enforce the eta#e ar local fire Goole,
{~}~a} ~ search warrant may be issued by a judge of a uper~ar court or a court of limited jurisdiction under Titles 35, and ~5A 1~~1N to a code enfarcernent official of the state or
of any county, city, or other political subdivision far the purpose of allowing the
inspection of any specified dwelling unit and premises to determine the presence of an unsafe building condition or a violation of any
building regula#ian, statute, or ordinance.
~b~ A search warrant must only be issued upan application of a desig~~ated officer ar employee of a county or city prosecuting ar
regulatory authority supported by an affidavit or decfaratian made under oath ar upon sworn #estimony before the judge, establishing
probable pause that a violation of a state ar loco[ Caw, regufa#ian, ar ordinance regarding rental hauling exists and endangers the health or safety of the tenant or ad~aining neighbors.
In addition, the affidavit must contain a statement that consent to inspect has been
sought from the owner and the tenant but could not be obtained because the owner or the tenant either refused or failed to respond
wi#hin five days, ar a statement setting forth facts or circumstances reasonably justifying the failure to seek such consent, A landlord may not take or threaten #o take reprisals or
retaliatory action as defined in Rw 5g. ~ 8.~4~ against a tenant who gives consent to a
code enforcement official of the state ar of any county, city, or other political subdivision to inspect his ar her dwelling unit to determine
the presence of an unsafe buifding condition ar a viola#ian of any building regulation, statute, or ordinance.
~c} In determining probable carase, the judge is clot limited to evidence of specific knowledge, but may afro consider any of the
following:
~i} The age and general condition of the premises;
iii} Previous violations or hazards found present in the premises;
viii} The #ype of premises;
Div} The purposes far which the premises are used; or
~v} The presence of hazards or viofatians in and the general condition of premises near the premises caught to be inspected
{d~ Before issuing an 'inspection warrant, the judge shall fnd that the applicant has: ~i} Provided written notice of the date, approximate #lre, and caur# in which the applicant gill
be seeking the warrant to the owner and, if the appf icant reasonably believes the
dwelling unfit or ren#al property to be inspected is in the lawful possession of a tenant, to the tenant; and iii} posted a copy of the notice
an the ex#eriar of the dwelling unit or rental property to be inspected, The judge shall afsa allow the owner and any tenant who appears during considers#iar~ of the appficatian far
the warrant to defend against or In support of the issuance of the warrant.
~e}All warrants must include at least the following:
~i~ The ~~ame of the agency and building official requesting the warrant and authorized to conduct an ir~spec#ion pursuant to the
warrant;
iii} A reasonable description of the premises and items to be inspected; and
~ifi~ A brief description of the purposes of the inspection.
~f} An inspection warrant is effective for the time specified in tl~e warrant, but not far a period of mare than ten days unless it is
littp:Happs.leg. a,gov/rcw/default. p ?cite= 9, 18 full=true 10/4/2010
C~a~~e~~ 59. ~ 8 R ~idcr~~ial laz~do~~d~~e~~a~l~ act age ~ of
extended yr renewed by~the judge who signed and issued the original warrant upon satisfying himself ar herself that the extension or
renewal is in the public interes#, Tl~e inspection warrant trust be executed and returned tv the fudge by v~rhom it was issued within the
time specified in the warrant or within the extended or renewed tine, After the expiration of the time specified an the warrant, the warrant, unless executed, i void,
{g} An inspectian pursuant to a warrant must not be made;
{i} Be#ween ~,aa p,m, of any day and S:Oa a.m. of the succeeding day, on Saturday or Sunday, ar on any legal holiday, unless the
owner or, if occupied, the #er~ant specifies a preference far inspectian during such hours or an such a day;
~ci} without the presence of an owner ar occupant.over the age of eighteen years ar a persan designated by the owner or occupant
unless specifically authorized by a judge upon a showing that the authority is reasonably necessary to effectuate the purpose of the
search warran#; ar
~iai} Sy means of forcible entry, except that a judge may expressly authorize a forcible entry whent
{A} Facts are shown that are sufficient to create a reasonable suspicion of a violation of a state or local law or rule relating to municipal ar county building, fire, safety, environmental,
animal ~cantrol, land use, plumbing, electrical, health, minimum hauling, or
xaning standards that, if the violation existed, would bean am~redaate threat to the health or safety of the tenantF or
{Bj Facts are shown establishing that reasonable attempts to serve a previous warrant have been unsuccessful.
{h~ lmrnediate execution of a warra~~t is prohibited, except when necessary to prevent lass of life or property
{i}Any persan who wailfully refuses to permit inspection, obstructs inspection, or aids in the obstruction of an inspection of property
authorized by warrant issued pursuant to this sec#ian is subject to remedial and punitive sanctions for contempt of court under chapter
7~2~ RC, Such conduct may also be subject to a civil penalty imposed by local ordinance that takes into car~sideration the facts and circumstances and the severity of the violation.
{5}The landlord ray enter the dwelling unit without consent of the tenant in case of emergency or abandonment,
{~}The landlord shall not abuse the right of access or use it to harass the tenant. Except in the case of emergency or if it is
impracticable to do o, the landlord shall give the tenant at least two daysr notice of his or her intent to enter and shall enter only at
reasonable times, The tenant shall not ur~reasanably withhold consent to the landlord to enter the dwelling unit at a specified time where the landlord has given at least one day's notice
of intent to enter to exhibit the dwelling unit to prospective or actr~al purchasers
ar tenants, A landlord shall not unreasonably interfere wi#h a tenant's enjoyment of the rented dwelling unit by excessively exhibiting the
dwelling unit,
{~}The landlord has no other right of access except by court order, arbitrator or by consent of the tenant,
{S} A landlord or tenant who continues to violate the rights of the tenant ar landlord with respect to the duties imposed an the other asset forth in this section after being served
with one written notification alleging in goad faith violations of this section listing the date
and time of the violation shall be liable for up to one hundred dollars for each violation after receipt of the notice. The prevailing landlord
or tenant may recover casts of the suit or arbitration under this section, and ma}~ also recover reasonable attorneys' fees,
{g} Nothing in this section is intended to {a} abrogate or modify in any way any common law right ar privilege or {b} affect the
common law as it relates to a local municipality's right of entry under emergency or exigent circumstances.
~~910 c ~ ~8 ; ~90~ c 293 ~ 1, prior; ~ 989 c 34~ ~ 7;1989 c ~ 2 ~ 18; ~ 973 ~ st ex.~. c X97 ~ ~ 5,~
~and~ord's r~medi~s if #en~nt fails ~o remedy defective condition= .
If, after receipt of written notice, a provided in ~Cw ~9.~ 8.~ 7a, the tenant fails to remedy the defective condition within a reasonable
time, the landlord may:
firing an action in an appropriate court, ar at arbitration if so agreed far any remedy provided under Phis chapter or otherwise
prov{dad bylaw; ar
I~ursue other remedies available under this chapter,
9731 st ex.s. ~ 2Q7 ~ 6.~
~ i r ~ • ~ ~ a a w • • ~ ~ n J 1 f r. •a J h
littp: lapp lei a ov/ cNv/default sp `Iclte=59.18&tull =true 1 U14/2U 10
~~pte~~ ~ ; ~es~~e~t~~~ a~~d~a~~c~~te~~a~.t act 2~ o~ ~9
~9r18.1 I
L~ndlard to give netice iftenantfai~ to parry e~~ defies.
if at any time during the tenancy the tenant fails to carry out the duties required by R1Iv bg.~8,~3g ar ~9,~5,~~0, the landlord may, in
addition to pursuit of rerr~edies otherwise provided bylaw, give written notice to the tenant of said failure, which notice shai[ specify the
nature of the failure,
(1973 ~ s# ex.s. c 207' ~ ~
Tenant's ~aiiure to cempiy with statutory duties ~ Landlord ~o give tenant written natiee of n~ncorrrpliance s
~.andlord's remedies.
Ifthe tenant fails to comply with any portion of Raw ~9.~8.~3a or bg.~8.~4D, and such nonco~r~pliance can substantially affect the health and safety of the tenant ar other tenants, or
substantially increase the hazards of f re ar accident that can be remedied by repair,
replacement of a damaged item, ar cleaning, the tenant shall comply within thirty days after written notice by the landlord specifying the
noncompliance, or, in the case of emergency as promptly as conditions require. if the tenant faits to remedy the hancampliance within
that period the landlord nay enter the dwelling unit and cause the work to be done and submit an itemised bill of the actual and - reasonablecost of repair, to be payable an the next
date when perioaiic rent is due, or on terms ~t~utually agreed to by the landlord and
tenant, or imrrxediateiy if the rental agree~~ent has termir~ateda any substan#ial noncompliance by the tenant of Rw 5,~8.~3a or
9.~8.~~a shalt constitute a ground far commencing an action in unlawful detainer in accordance with the provisions of chapter 5g.~~~ I~Clll~, and a landlord may commence such action
at any time after written notice pursuant to such chapter, The tenant shall have a
defense to an unlawful detainer action filed solely on this ground if it is determined at the hearing authorised under the provisions of
chapter 59, RCVV that the tenant is in substantial compliance with the provisions of this sectionf ar if the tenant remedies.the
noncomplying condition within the thirty day period provided for above or any shorter period determined at the hearing to have been required because of an emergency: P~OVIDEa, That if
the defective condition is remedied af#e~ the commencement of an unlawful
detainer action, the tenant nnay be liable to the landlord far statutory casts and reasonable attorney's fees.
If drug~related activity i alleged to be a basis for ternination of tenancy under RCw 9,~8,~~~~G}, 5g.~~.a30~5}, or ~9.2g.~4g~b},
the compliance provisions of this section do not apply and the landlord may proceed directly to an unlawful detainer action,
~3} if activity an the premises that creates ari imminent hazard to the physical safety of other persons an the premises as defined in RVV ~9,~8.~0~8} is alleged to be the basis far
termination of the tenancy, and the tenant is arrested as a result of this activity, then
the compliance provisions of this section da not apply and the landlord may proceed directly to an unlawful detainer action against the
tenant who was arrested for this activity,
~4} If gang~related activity, as prohibited under R1 ~9.~ 8.~ 3~~9~, is alleged to be the basis far termination of the tenancy, then the
compliance provisions of this sectio~~ da not apply and the landlord may proceed directly to an unlawful detainer action in accordance with chapter 59,~~ RGlly, and a landlord may commence
such an actiar~ at any time after written notice under chapter 9.~~ R~UV.
fib} A landlord may not be held liable in any cause of action for bringing an unlawful detainer action against a tenant for drug-related
activity, for creating an irnrninent hazard to the physical safety of others, ar far engaging ingang-related 'activity tha# renders people in .at least two or mare dwelling units ar
residences insecure in life or the use of property or that inures ar endangers the safety or health
. of people in at least two or more dwelling units or residences under th[s sect~an, if the unlawful detainer action was brought in goad
faith, Nothing in this section shall affect a landlord's fiabifity under RCVU 59,~8,~~a to pay all damages sustained by the tenant should the writ of restitution be wrongfully sued outF
~1 X98 c 2~B 3; ~ 99~ c 38 § 3,1988 c 1 D 9731 st ex,. ~ 297 18.]
Dotes:
in#ent ~~fective dale ~ 99Z c 3S: fee notes following RUV 59. ~ 8,~2,
Legislative findings everab~iity ^.1988 c 1~0; fee notes fallowing 1~11v ~~,'i 3a.
9.18,19a
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~a~te~F 59. ~ ~.es~~e~.t~~~ landla~~d-tenar~~ act Page ~ ~ a~ ~
Notice to Tenant to remedy nanconfa~mancet
Whenever the landlord learns of a breach of RGlly ~9.~ 8.~ ar has accepted performance by the tenant v~hich is at variance with the
ierrns of the rental agreement or ruCe enforceable after the commencement of the tenancy, he or she may immediately give notice to the tenant to remedy the nonconfarrnance. Said notice
steal! expire af#er sixty days unless the landlord pursues any remedy under this
chapter,
f20~0 c ~ ~9~~3; ~9~3 ~st~x.s. c2~~ § ~9,J
. ,
58.~8~~00
7enancyfrom mantM to Month or for ren~a[ per~ad Termination Armed Farces exception ~ Exclusion of chiid~en~~onvers[on to condominium ~--Natice~
{~}~a} When premises are rented far an indefinite time, ~uith monthly ar other periodic rent reserved, such tenancy abaci be construed to
be a tenancy fra~r~ mon#h #o month, ar from period to period an which rent is payable, and shall be terminated ny written notice of twenty
days or more, preceding the er~d of any of the rr~onths ar periods of tenancy, given by either party to the other.
fib} Any tenant who is a member of the awned farces, including the na#ianal guard and ar~r~ed farces reserves, or that tenant's
spouse ar dependant, may terminate a rental agreement vii#h less #han twenty days{ notice if the tenant receives reassignment or deployment orders that da not allow atwenty-day native.
~}~a3 V~Ihenever a landlord plans to change to a policy of excluding children, the landlord shall give a written notice to a tenant at
least ninety days before tern~Cnalion of the tenancy to effectuate such change in policy. Such ninety-day notice shall be in lieu of the notice required by subsection of this sec#ion.
FCowever, if after giving the ninety-day notice the change in policy is delayed, the notice
requirements of subset#ion of this section shall apply unless waived by the tenant.
{b} Whenever a landlord plans to change any a~parkrnent or apartmen#s to a condominium forrrk of ownership, the Candlord shall
provide a written notice to a tenant at least one hundred twenty days before termination of the tenancy, in compliance with RCUv
~~.4.~40~~}, to effectuate such change, The one hundred #wentyyday notice is in lieu of the notice required in subsection of this
section, However, if after providing the one hundred t~renty~day notice the change to a condominium form of ownership is delayed, the notice requirements in subsection of this section
apply unless valved lay the tenant,
f 2048 c ~ ~ 3 § 4; 200 c 7 ~ ~ 97~ ex,s, c ~0 § ~ X731 st ex.s, c 247 ~ 2~,i
Notes: Ap~~i~ation Effective date 208 c ~ ; gee notes fo[[owing i~ ~4,3~.~~~,
Effective date X003 c "'This act i necessary far the immediate preservation of the pubic peace, heeith, or
safety, or support of the state government and its existing pubic ir~stitutivns, and ta[ces effect immediately ~~[arch ~4,
~D0]." X00 c 7 4.]
UnCawfu[ detainer, notice requirement; [~C11v ag,~~,~~~~},
Tenancies from year to gear except under Britten cantract~
Tenancies from year to year are hereby abolished except when the same are created by express written contract. #~eases may be in
writing or print, or partly in writing and partly in print, and shall be legal and valid for any tern ar period not exceeding one year, withou#
acCcnawiadgmen#, wi#nesse or seals.
~14~3 ~ st ex., c X47 2~
i1-11 lup://apps.leg.wa.gov/rcw/default.aspx?cite--=59.18&full=true 1014/2010
haptez4 9. ~ S ~e~~dcntia~ ~and~oz~~~tc~xant act ~'e of
Termination of tenancy for a specified dime ~ Armed forces exception.
In all cases where premises are rented for a specified time, by express or implied contract, the tenancy shall he deemed terminated
at the end of such specified time.
Any tenant who is a member of the armed farces, including the national guard arrd armed forces reserves, or that tenant's
spouse or dependent, may terminate a tenancy far a specified time if the tenant receives reassignment ar deployment orders, The
tenant shall provide notice of the reassignment or deployment order to the landlord r1o later than seven days after receipt
i2~o~ ~ 7 2;197'31 st ex.s, c 20~ 22.E .
Notes:
effective date -y c fee note fo~ivwir~g RC~v 59. ~ 8.00.
9~~ 8,~~0
Waiver of chapter previsions prohibited -Previsions prohibited from rental agreement ~ Distress fay rent
a~ollshed ~ detention of personal property for rent ~ Remedies.
Any provision of a lease or other agreement, whether oral or written, whereby any section or subsection of this chapter is waived
except as provided in R1~1159.~8.3~~ and shall be deemed against public policy and shall be unenfarcea~ble. such unenforceability
shall not affect other provisions of the agreement which can be given effect without them.
~2} No rental agreement may provida that the tanar~t:
{a~ Agrees to vuaive or to forego rights ar remedies under this chapter; or
{b} Authorizes any person to confess judgment on a clairr~ arising out of the rental agreement; or
{c} Agrees to pay the landlord's attorney's fees, except as authorized in this chapter; ar
{d} Agrees to the exculpation or limitation of any liability of the landlord arisirrg and er lava ar to indemnify the landlord far that liability
or the costs connected therewith; or
{e} And landlord have agreed to a particular arbitrator at the time the rental agreement is entered into.
A provision prohibited by subsection of this section included in a rental agreement is unenforceable. if a landlord deliberately
uses a rental agreement containing provisions known by him or her to be prohibited, the tenant may recover actual damages sustained
by him ar her and reasonable attorney's fees.
{4} The common law right of the landlord of distress for rent i hereby abolished for property covered by this chapter. Any pravisiar~
in a rental agreement crewtirXg a lien upon the personal property of the tenant or authorizing a distress for rent is null and void and of no
farce and effect. Any landlord who tapes ar detains the personal property of a tenant without the specific written consent of the tenant to such incident of taking or detention, ar~d
who, after written demand by the tenant for the return of his or hey personal property, refuses
to return the same promptly shall be Liable to the tenant for the value of the property retained, actual damages, and if the refusal is
intentional, may also be liable for damages of up to one hundred dollars per day but not to exceed one thousand dollars, far each day
ar part of a day that the tenant is deprived of his or her property. The prevailing party may recover his ar her costs of suit and a reaar~able attorney's fee.
In any action, including actions pursuant to chapters 7.~4 or ~2,~8 l~G~lll, brought by a tenant or other person to recover possession of his or her personal property taken or detained
by a landlord in violation of this section, the caurl, upon motion ar~d after notice to the
opposing parties, may waive or reduce any band requirements where it appears to be to the satin€actian of the court that the moving
party is proceeding in gaud faith and has, prima facie, a meritorious claim far immediate delivery or redelivery of said property.
[2919 c 8 ~ 19024;1989 c 342 8;1983 c 264 § 4;19731st ex.s. ~ 20~ ~ 23.E
f
Reprisals or retaliatory actions ~y landlord-~Prohibited~
o long a the tenant is in compliance with this chapter, the landlord shall not take or threaten to take reprisals or retaliatory action
http.llapps.leg, a. gevlrew/default,aspx?cite=5 9.18 fUll~trae 10/4/2010
hap~e~~ ~9, ~ 8 R~: Rcid~~~tia~ ~at~d~ord-~~na~~~ ~c~ ~9
against the tenant because of any good fai#h and lawful:
~'i} ~ornplaints ar reports by the tenant to a governmental authority cancernCng the failure of the landlord to substantialCy comply with
any code, statute, ordinance, or regulation governing the ~rraintenance ar operation of the premises, if such condition may endanger or
impair the health or safety of the tenant; or
Assertions or nfarcemer~t by the tenant of his or her rights and remedies under this chapter.
"Reprisal or retaCiatory action" sha11 mean and irt~lude but not be lirni#ed to any of the following ections by the landlord when such actions are intended primarily to retaliate against
a tenant because of the tenant's good faith and lawful ac#:
~a} Eviction of the tenant;
fib} Increasing the rent required of the tenant;
~c} Reduction of services To the Tenant; and
~d} Increasing the obligations of the tenant.
[201 c 8 § ~ 9a2; ~ 983 c 284 § ~ 973 ~ st ex,s. ~c X07 § 24,E
~V ~r`\+a `
Reprisals or retal[atory actions by landlord- P~esumptl~r~s-Rebuttal-hosts.
Initiation by the landlord of any action li#ed in Raw 9~~8.~4g within ninety days after ~ good faith and lawful act by the tenant as
. enumerated in RllII 59.~8.~~4~, arwithin ninety days after any inspection or proceeding of a governmental agency resulting from such
act, shall creaTe a rebuttable presumption affecting the burden of proof, that the action is a reprisaC ar retafiatary ac#Can against the tenant: PROVIDEDr That ifat the time the landlord
gives notice of termination of tenancy pursuant Ta chapter ~9,~~ RCI~lIThe Tenant is
in arrears in rent or in breach a~ any other lease or rental abligatianr there is a rebuttabCe presumption affecting the burden of pravf that
the landlord's action is neither a reprisal nor retaliatory action against the tenant: PROVIDED FURTI~ER, That if the court finds that the
tenant made a camplainT ar report to a governmental authority wi#hin ninety days after r~atice of a proposed increase in rent ar other action in good faith by the landlord, there is
a rebuttable presumption that the camplain# ar report was not made in good faith:
PROVIDED 1rURTHER, That na presumption against the landCord shall arise under this section, with respect To an increase in rent, if
the landlord, in a notice to the TenanT of increase in rent, specifies reasonable grounds for said increase, which grounds may include a subtanTial increase in market value due to remedial
action under this chapter; PROVCDED FURTI~ER, That the presumption of
retaliation, with respect to an eviction, may be rebutted by evidence that it is not pracTical to make necessary repairs while the Tenant
remains in occupancy, In any acTian ar evicTian proceeding where the tenant prevails upon his ar her claim ar defense that the landlord
has violated this section, the tenant shall be entitled to recover his ar her casts of suit ar arbitration, including a reasonable attorney's fee, and where the landlord prevaiCs upon
his or her claim he or she shall be entitled to recover his ar her casts of suit or arbitration,
including a reasonable attorney's fee: PROVIDED FURTI-tER, That neither party may recover attorney's fees to the extent that their
legal services are provided at na cast to them.
E~~~ 0 ~ 8 ~ ~ 9928; ~ 983 c 2$4 ~ 0; ~9~3 ~ st ex.s. c X07 ~ 25.E .
V9s~ ~t~~
Deposit to secure occupancy by tenant ~,a~~dl~rd' duties ~ 1liolation.
It shall be unlawful for a landlord to require a fee from a prospective tenant far the privilege of being placed an a waiting lis# to be
cansCdered as a tenant for a dwelling unit,
~2} A landlord who charges a prospective tenant a fee ar deposit to secure that the prospective tenant wCll move into a dwelling uni#,
after the dwelling unit has been offered to the prospective tenant, must provide the prospective tenant with a receipt for the fee ar deposit, together with a wriT#en statement of the
conditions, if any, under which the fee or deposit is refundable, If the prospective Tenant
does occupy the dwelling uni#, then the Candlord must credit the amount of the fee ar deposit Ta the tenant's first month's rent ar to the
tenant's security deposit, if the prospective tenant does not occupy the dwelling unit, then the landlord may keep up to the full amount
of any fee ar deposit tha# was paid by the prospective tenant to secure the tenancy, sa long a it is in accordance with the v,vritten statement of condiTians furnished to the prospective
tenant at the tine the fee ar deposit was charged. A fee charged to secure a
tenancy under this subsection does not incCude any cast charged by a landlord to use a tenant screening service or obtain hacl~ground
information on a prospective tenant.
Y ~ ~ ! ! 1 f i 1 f ~ n ~ , r rt 1 n n r• 11 ~ ! A to rt 1 ~
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~~~a~te~+ 59. t ~ R~. Ro~idctlt~al la~~d~o~id~teriat~t pct gage 4 0~ ~
~3} }n any action brought for a violation of this section a landlord may be liable for the arnaunt of the fee ar depasit charged, In
addition, any landlord who violates this section ~~ay be liable to the prospective tenant far a~~ amount Hat to exceed one hundred
dollars, The prevailing party may also recover court casts and a reasonable attorneys' fee,
X1999 ~ ~~4 ~ 2,t
Motes:
Findings ~~9~ c ~9~4~ "The legislature finds that tenant application fees often have the effect of excluding law-
incame people from applying far hauling because many lover-incame people cannot afford these fees in addition to the rent and other deposits which may be requiredF The legislature further
finds that application fees are frequently not
returned to unsuccessful applicants for hauling, which creates a hardship on low^incame people. The legislature
therefore finds and declares that it is the policy of the state that certain tenant application fees should be prohibited and
guidelines should be established for the imposition of ather tenant application fees,
The legislature also finds that it is important to bath landlords and tenants that consumer information concerning
prospective tenants is accurate, IUlany tenants are unaware of their rights underfederal fair credit reporting laws to
dispute information that maybe inaccurate. The legislature therefore Ends and declares that it is the policy of the stale
for prospective tenants to be informed of their rights to dispute information they feel is inaccurate in order to help prevent denials of pausing based open incorrect information.!'
[~99~ c 1g4
screening of tenants -hosts ~ Notice to tenant~Viaiatian.
If a i~nd}ord uses a tenant screening service, then the landlord nay only charge far the casts incurred far using the tenant screening
service under this section. if a landlord conducts his or her own screening of tenants, then the landlord may charge his ar her actual casts in obtaining the baclcgraund information,
but the amount may not exceed the cos#arnary costs charged by a screening service in
the genera} area, The landlords actual costs include casts incurred for long distance phone calls and for time spent calling landlords,
employers, and financial institutions.
~2~ A landlord may not charge a prospective tenant for the cast of obtaining background information under this section unless the
landlord first natifes the prospective tenant in writing of what a tenant screening entails, the prospective tenant's rights to dispute the
accuracy of information provided by the tenant screening service ar provided by the entities listed an the tenant application who will be contacted far information concerning the tenant,
and the name and address of the tenant screening service used by the iandlard~
{3} Nothing in this section requires a landlord to disclose information to a prospective tenant that was obtained from a tenant
screening service or from entities listed on the tenant application which is not required under the federal fair credit reporting ac#, ~ 5 U,,. sec, ~ X81 et Seq.
i
Any landlord who viola#es this scctian may be liable to the prospective tenant far an amount not to exceed one hundred dollars. The prevailing party may also recover court costs and
reasonable attorneys' fees,
[199 ~ ~9~4
Notes:
Findings -4 't 99~ c ~ 9~4~ See Hate fallowing R~111v g, ~ 5,23,
. x _
~~18,~G5 [honeys paid as deposit! or security for performance by tenant ~ Britten rental agreer~ent to specify terms and
car~ditior~s for retention by landlord ~ Written checklist required,
If any moneys are paid to the landlord by tl~e tenant as a depasit ar as security far performance of the tenant's obligations in a lease ar
rental agreement, the lease or rental agreement shal} be in writing and shall include the terms and conditions under which the depasit or portion thereof may be withheld by the landlord
upon termination of the lease ar rental agreement, If elf ar part of the depasit maybe
withheld to indemnify the landlord for damages to the prerniseS far which the tenant is responsible, the rental agreement shall be in
writing and shall Sa specify. I~lo deposit may be callccted by a landlord unless the rental agreement is in writing and a written checklist
or statement specifically describing the condition and cleanliness of or existing damages to the premises and furnishings, including, but not limited to, walls, floors, countertops,
carpets, drapes, furniture, and appliances, is provided by the landlord to the tenant at the
cafr~rnencement of tl~e tenancy. The checklist ar statement shall be signed and dated by the landlord and the tenant, anal the tenant
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shall be prov€ded with a copy of the signed checklist or statement. No such deposit shall he withheld an account of normal wear and
tear resulting tram ordinary use of the premises.
[1983 c 264 ~ 973 ~ st ex.s, c 297 ~ 26.]
+l= 1 V.L~V Moneys paid as deposit ar security far per~armance by tenant ~ deposit by landlord in trust account ~ Receipt
- claims.
All moneys paid to the landlord by the tenant as a deposit as security far performance of the tenant's obligations in a lease or rental
agreement shall promptly be deposited by the landlord in a trust account, maintained by the landlord for the purpose of halving such security deposits far tenants of the landlord, in
a financial institution as defined by I~CUV g,2.g4~ ar licensed escrow agent located in
Washington. Unless otherwise agreed in writing, the landlord shall be entitled to receipt of Enterest paid an such trust account deposits.
The landlord shall provide the tenant with a written receipt far the deposit and shall provide written notice of the Warne and address and location of the depository and any subsequent
change thereof. if during a tenancy the status of landlord is transferred to another, any
sums in the deposit trust account affected by such transfer shall simultaneously.be transferred to an equivalent trust account of the
successor landlord, and the successor landlord shall promptly notify the tenant of the transfer and of the Warne, address, and location of
the new depositary, The tenant's claim to any moneys paid under this section shall be prior to that of any creditor of the landlord, including a trustee in bankruptcy or receiver, even
if such moneys are commingled,
12694 c 136 ~ 1; ~ 975 ~ st ~x.s, c 233 ~ 973 ~ st ex., c 29T 27.E
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Moneys paid as deposit or security fog performance by tenant ~-statement and no#ice of basis for retention
remedies for landlord's failure to rake refund
U1~thin fourteen days after the termination of the rental agreement and vacation of the premises or, if the tenant abandons the premises
as defined in RCW 9.~8.~~~, within fourteen days after the landlord learns of the abandonment, the landlord shall give a full and
specific statement of the basis for retaining any of the deposit together vuith the payment of any refund due the tenant under the terms and conditions of the rental agreement No porkion
of any deposit shall be withheld on account of wear resulting tram ordinary use of
the premises, The landlord complies with this section if the required statement or payment, or both, are deposited in the United states
mail properly addressed with first~class postage prepaid within the fourteen days.
The native shall be delivered to the tenant personally or by mail to his or her last Known address. If the landlord fails to give such
statement together with any refund due the tenant r~ithin the time limits specified above he or she shall be liable to the tenant far the full
amount of the deposit. The landlord is also barred in any action brought by the tenant to recover the deposit from asserting any claim or raising any defense for retaining any of the
deposit unless the landlord shows that circumstances beyond the landlord's control
prevented the landlord from providing the statement within the fourteen days or that the tenant abandoned the premises as defined in
RAW 59~~8.~0. The court may in its discretion a~rard up to tyro times the amount of the deposit for the intentional refusal of the
#andlard to give the statement or refund due. In any action brought by. the tenant to recover the deposit, the prevailing party shall additionally be entitled to the cost of suit or
arbitration including a reasonable attorney's fee.
Nothing in this chapter shall preclude the landlord frorrr proceeding against, and the landlord shall have the right to proceed against a tenant to recover sums exceeding the amount
of the tenant's damage or security deposit far damage to the property for which the
tenant is responsible together with reasonable attorney's fees,
~ c 8 ~ 9927, ~ 989 342 9; ~ 983 c 264 ~ 9 973 Est ex.s. c 247 § 28.] .
~~--~__,-.----~~......:--~--.._....._........._..y._...- _ - - - - - - - -
Vw~ ~w~~
Nonrefundable fees not to be designated as deposit - UVritten rental agreement required.
lrlo moneys paid to the landlord which are nonrefundable may be designated as a deposit or as part of any deposit If any moneys are
paid to the landlord a a nonrefundable fee, the rental agreement shall be in writing and shall clearly specify that the feels .
nonrefundable,
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~7ap~e~+ f 1 S R~ ~e~de~~t~a~ ~an.d~o~•d~te~xat~t aa~ Pac of
Removal or exclusion of #enan~ from premises - Holding over ar excluding ~andlard from pren~xses of#er
#ermina#ian date. .
It sha11 loe unCawful far the landlord to remove ar exclude from the prerr~ises the tenant thereafexcept under a court order o authorizing. Any tenant so removed or excluded in violation
of this section may recover possession of the property ar terrninate the
rental agreement and, in either case, may recover the actual damages sustained. The prevailing party may recover the costs of suit ar
arbi#ratian and reasonable attorney's feesF
~2~ It shall be unlawful far the tenant to hall aver in the premises ar exclude the la~ldlard therefrom after the termination of the renal
agreement except under a valid court order so authorizing. Ar~y landlord sa deprived of possession of premESes in vialatian of this
section may recover possession of the property and da~r~ages sustained Coy him or her, and the prevailing party may recover his or her casts of suit ar arbitration and reasonable attorney's
feesF
~2~~ ~ ~ ~ ~ ~ 9a28; X973 ~ sk ~x.s. c ~a~
5~.~ 5.3~~
Terrr~ina#Ean of tenon#' u~lli~y services ~ Te~ent oausing lase of le~dlord provided utility services,
Ct shall be unlawful for a landlord to intentionally cause termination of any of his or her tenant's utility services, including water, heat, electricity, or gas, except far an interruption
of utility services for a reasonable time in order to make necessary repairs Any landlord
who vialstes this section may Coe liable to such tenant for his or her actr~al damages sustained by him or her, and up tv one hundred
dollars for each day or part thereof the tenant is (hereby deprived of any utility service, and the prevailing party may recover his ar her costs of suit or arbitration and a reasar~able
attorney's fee. It shall Coe unlawful far a tenant to intentionally cause the lass of utility
services provided by the landlord, including water, heat, electricity, or gas, excepting as resulting Pram the normal occupancy of the
premises,
[2a~ 4 c 8 ~ ~ ~02~; ~ ~~31 st ex.s. ~ 247 ~ 3~.]
59.~8.3~D Default in rent - Abandonment - LialoilE#y of #enant - L.andiard's remedies - dale of #enant's proper#y b
landlord,
If the tenant defaults in the payment of rent ar~d reasonably indicete by words or actions the intention not to resume tenancy, the
tenant shall be liable for the fallowing far such abandanment:l'1~~111~Ea, That upon learning of such abandonment of the premises the landlord shalC malts a reasonable effort to mitigate
the dar~ages resulting from such abandonment:
vllhen the tenancy ismonth#ta-month, the tenant shall be liable far the rent for the thirty days fallowing either the date the landlord learns of the abandonment, ar the date the next
regular rental payment would Dave become doer whichever f ref occurs,
V11hen the tenancy i for a term greater than month#o~rnonth, the tenant shall be liable for the lesser of the following:
{a} The entire rent due far the remainder of the term; or
Flo} ACI rent accrued during the period reasonably necessary to rerent the pre~r~ises at a fair rental, plus the difference between such fair rental and the rent agreed to in the prior
agreement, plus actual costs incurred loy the landlord in rerenting the premises together
with statutory court casts and reasonable attorney's fees.
In the event of such abandonment of tenancy and an accor~panying default in the pay~r~ent of rent by the tena~it, the landlord may immediately enter and take possession of any property
of the tenant found an the premises and ~r~ay stare the same in any reasonably
secure place. A landlord shall make reasonab[e efforts to provide the tenant with a notice containing the narr~e and address of the
landlord and the place where the property is stared and informing the tenant that a sacs ar disposition of the. property shalt take place
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~~aapt~r S~, l S R: Res~dent~~ ~~~adl~~~~-t~na~at apt Pagc a~ ~
pursuant to this section, and the date of the sale ar disposal, and further informing the tenant of the right under ~ b9.~8,2D to have
the property returned prior to its sale ar disposal, The landlord's efforts at natice under this subsection shall be satisfed by the mailing
by frst-class mail, postage prepaid, of such no#ice to the #enant's last known address and to any other address provided in writing by the tenant ar actually lcnawn to the landlord where
the tenant might receive the notice. The landlard shall return the property to the
tenant after the #enant has paid the actual ar reasonable drayage and storage casts whichever Is less if the tenon# makes a wri#ten
request far the return of the property before the landlard has Bald or disposed of the property. After farty~five days from the date the
notice of such sale ar disposal is mailed or personally delivered to the tenant, the landlord may sell ar dispose of such property, Including personal paperer family pictures, and keepsakes,
The landlord may apply any income derived therefrom against moneys due
the landlord, including actual ar reasonable costs whichever is Tess of drayage and storage of the praperty~ if the property has a
cumulative value of fifty dollars or less, the landlard may sell or dispose of the property in the manner pravided~in this section, except for personal papers, family pictures, and keepsakes,
after seven days from the da#e the na#ice of sale or disposal is mailed or personally
delivered to the tenant: PI~~VID~~, That the landlard shall make reasonable efforts, a defined in this section, to no#[fy the tenant. Any
excess income derived from the sale of such property under this section shall be held by the landlord far the benefit of the tenant far a perlad of one year from the date of sale, and
If na claim is made ar action commenced by the tenant for the recovery thereof prior to the
expiration of that perlad of time, the balance shall be the property of the landlard, including any in#eres# paid on the ir~came.
~~99~ c 2~0 § ~ ; ~ 98~ c 342 ~ ~ a; ~ 983 c 26~ 8; ~ 9~3 ~ st ~x,s. c ~0~ ~ 3~ .
l~vri~ ofres~i~u~ion ~~~rage and sale of~enan~~s praperty~ Use of proceeds from sale-Service by sheriff, forte.
A landlard shall, upon the execution of a writ of restitution by the sheriff, enter and take possession of any property of the tenant
found on the premises. The landlord may store the property in any reasar~ahly secure place, including the premises, and sell ar dispose
of the property as provided under subsection of this sectlan~ The landlord must stare the property if the tenant serves a written request #o da sa an the landlord ar the landlord's representative
by any of the methods described in RCVI! 9.~ ~.3Bb no later than three
days after service of the wri#, A landlord may elect to store the property with,aut such a reques# unless the tenant ar the tenant's
representative objects to the storage of the property. if the tenon# or the tenant's representative objects #o the storage of the property ar the landlord elects not #a stare the property
because the #enant has riot served a written reques# on the landlord to da sa, the property
shall be deposited upon the nearest public property and may not be stared by the landlard if the landlard knows that the #enan# is a
person with a disability as defined in Rw 49.6~.~~4~ {as amended by chapter 3~ Laws of ~aD7~ and the disability impairs ar prevents
the tenant ar the tenant's representative frar~ making a written request far storage, it must be presumed that the tenant has requested the storage of the property as provided In this
section unless the tenant objects in writing.
{2} Property stared under this section shall be returned to the tenant after the tenant has paid the actual ar reasonable drayage and storage costs, whichever is lass, or until it is
soil ar disposed of by the landlard in accordance with subsection ~3~ of this section.
Prior to the sale of property stared pursuant to this section with a cumulative value of aver one hundred dollars, the landlard shall
notify the tenant of the pending sale. Af#er thirty days from the date the natice of the sale is mailed or personally delivered to the tenant"s last known address, the landlard may.sell
the property, including personal papers, family pictures, and keepsakes, and dispose
of any property not sold. f
if fhe property that is being stared has a currrulative value of one hundred dollars ar less, then the landlard may se11 or dispose of the
property in the manner provided in this section, except for personal papers, family pictures, and keepsakes, Prior to the sale or disposal
of property stored pursuant to this section with a cumulative value of one hundred dollars or less, the landlord shall ratify the tenant of
the pending sale ar disposal. The notice shall either be mailed to the tenant's last known address ar personally delivered to the tenant After seven days from the date the natice is
mailed or delivered to the tenon#, the landlord may sell ar dispose of the property,
The landlard may apply any income derived from the sale of the tenant's property against moneys due the landlord for drayage and storage of the property. The amount of sale proceeds
that the landlard may apply towards such casts may not exceed the actual ar
reasonable costs far drayage and storage of the property, whichever is less Any excess income derived from the sale of such property
shall be held by the landlard far the benefit of the tenant far a perlad of one year from the date of the sale ff no claim is made ar action
commenced by the tenant for the recovery of the excess income prior to the expiration of that perlad of time, then the balance shall be treyted as abandoned property and deposited by
the landlard w[th the department of revenue pursuant to chapter G~.2g 81111,
Nothing in this section shall be construed as creating a righ# of distress far rent.
when serving a tenant with a writ of restitution pursuant to ~CUV ~9.~ ga and fig. ~ 8~4~ the sheriff shall provide written notice
to the tenant that; {a} upon execution of the wri#r the landlard must stare the tenant's praperky only if the tenant serves a written request
on the landlard to da sa no later than three days after service of the writ; {b}the notice to the landlord requesting storage may be seared by personally delivering ar mailing a copy
of the request to the landlord a# the address Identified inF ar by facsimile to the facsimile
number listed an, the form described under subsection of this section; {c} If the tenant has rat made sr~ch a written request to the
landlord, the' landlard may elect to either stare the tenant's property ar place the tenant's property on the nearest public property unless
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the tenant objects; {d} if the property is stored, It may not be re#urned to the #er~ant unless the tenant pays the actual or reasonable
casts of drayage and storage, whichever is less, within thirty days; {e} if the #enant or the tenon#'s representative objects tv storage of
the property, it writ r~o# be s#ared but will be placed on the nearest public property; and {f} the landlord may sell or otherwise dispose of
the property as provided in subsection {3} of this section if the landlord provides wri#ten notice to the tenant first.
~J~lhen serving a tenant with a writ of restitution under subsection of this section, the sheriff shall also serve the tenar~t with a
farm provided by the lar~diard #hat can be used to request tl~e landlord to store the tenant`s property, which must be substantially in the following farm;
REC~UET ~~R TORAE ~F PER~NA~ PROPERTY
Name of Plaintiff
~ i t r ~ . . . . . .
Name{} of Tenant{s}
11we hereby request the landlord to stare our personal property. lfwe understand that llwe am~are reponsibte far the actual or
reasonable costs of moving and storing the property, whichever is less. If llwe fail #o pay these casts, the lar~dford may sell ar dispose of .
the property pursuant to and within the #ir~e frame permitted under R~~IV 59. ~ 8.32{3~,
Any native of Salo required under Rev ~ ~,~~2~} must be sent tv the tenants at the fallowing address:
~ i t • r ~ . . . . . ,
~ . . . . . . . . , ~ F
1F N~ A~1~RE l PROVIDED, N~TIE QF A~,E v~ll~.l~ ANT TO THE LAST I~N~UVtV ADDRESS ~F THE TENANT{~}
Dated. ~ ~
Tenant,Print Name
Tenant-Print Name
This no#ice may be delivered or ~~ailed to the landlord ar the landlord's representative at the following address;
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~~apfe~~ ~ 8 . Re~i~entia~ ~a~a~~otc~-t~~~n~ ~e~ ~ Page o~ ~9
This notice may also be served by facsimile to the landlord ar the ia~~dlard"s representative ata
Facsfrn~le Number
IN[PORTANT
IF Y~l~ 11vANT YOUR LANDLORD TO STORE YOUR PRDI'ERTY, THIS v11RlTTEN Rt;C~UET NIUT ~E RE~E111ED BY TIDE LANDLORD N~ LATER THAN TF~REE gAY AFTER THE SHI~RII~F SER1lES TIE UvRIT ~1= RESTiTUTI~N.
YOU Fi~ULQ
RI;TAiN l'R~OF ~F ERViCE.
[~~08 c 43 1; X992 c 38 8.~
rotes:
intent ~y Ei'~ectlve date ~99~ c ~St See notes foi~owing R11v 8,~~.
.-...-.::.art. z
• ~ ~ Y ~ ~ ~ V
N~ed~ation of disputes ~y independent third p~r~yt
The landlord and tenant may agree in waiting to submit any dispute arising under the provisions of this chapter or under the terms,
conditions, or performance of the rental agreement, to mediation by an independent third party. The parties may agree to submit any dispute to mediation before exercisi~ig their right
to arbitration under R~V1~ ~Vy~~r~Lor
I~ 983 c ~~4 § ~
i
i
A~~itra~ion -Authorized -Exceptions - Nance Procedures
The landlord and tenant may agree, in writing, except as provided in RC1ll1 ~ ~.~3o~2}{e}, to submit to arbitration,inconformity
with the provisions of this section, any controversy arising under the provisions of this chapter, except the fallawing~
{a} Controversies regarding the existence of defects covered in subsections and of RVV ~9, ~ 8~g7~: PROVIDED, That this exception shawl apply only before the implementation of any remedy
by the tenants
(b} Any situation where court action has been stared by either landlord or tenant to enforce rights under #his chapter; when the court action substantially affects the controversy, including
but not limited toF
~I~ court action pursuant to subsections end of R~1JV 9,48.90 and subsections ~~}and of Rw 59.~$,~~o; and
iii}Any unlawful detainer action filed by the landlord pursuant to chapter ~9~4~ R~111~.
~~}The party initiating arbitration under subsection of this section snail give reasonable notice to the other party or parties.
Except as otheruvise provided in this section, the arbitration process shall be administered by any arbitrator agreed upon by the
parties at the time the dispute arises PR~VIDI=D, Thet the procedures hail,co~~ply with the requirements of chapter 7,a4A RCS
Il~tl'~~~Y1t~~ ~~cr ~l~tra trns~~t~r~x~~r~r~~a~ti~f a~f~v`~r~i$~~~~ 1 Q~Pr~i,l~-ti~,zr~ 1 f11A1'~f1fil1
•;+~Fl 11"_41_r UiP ,iVe) arTgF VTlAVY11AA ViLt L}IL F6o."QFAIILPL+1LV .1J~1t1Wlt{ii UL U%." Iv/ tt4v1V
ha~te~~ ~S ; ~~ide~~t~al lar~d~~rd-t~na~~t act ~a~e 34 0~~49
~relsting #a arbitration} and of this chapter.
X2005 c 433 ~ 973 ~ s~ ex.s. c 207 § 3~.~
Notes; Applrcat~an ~~'Gapt~ons not law ~aV~~g ~ffeCt~ve date X05 C 433. See RUU 7.04A.290 ~hro~gh
7.~4A.~ ~ and ! .D4A.gD~.
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~~VVV
Arbitration-Appliaatian~hlear~ngs~~ecislons~
~~}Unless otherwise mut~all~r agreed to, in the event a controversy arises under RC1~~159.~~.32~ the landlord or tenon#, ar both, shall
complete an applica#ian for arbitration and deliver it to the selected arbitrator. .
The. arbitrator so designated shall schedule a hearing to be held no later than ten days following receipt of notice of the
controversy, except as provided in I~w 59,18.30.
~3}The arbitrator shall conduct public ar privyte hearings. Reasonable notice of such hearings shall lye given to the parties, why
sha11 appear and be heard either in person yr by counsel or other representative. Hearings shall be infvrrrkal and the rules of evidence
prevailing In ~udioial proceedings shall not be binding A recording of the proceedings may be taken. Any oral or daurnentary evidence and o#her data deorned relevant by the arbitrator
may be received in evidence. The arbitrator shall have the power to administer oaths,
to iss~,e s~,bpoenas, to require the attendance of witnesses and the production of such bool~st papers, contracts, agreements, and .
documents as may be deemed by the arbi#ratvr material to a just determination of the issues fn dispute. If any person refuses to obey such subpoena or refuses to be sworn to testify,
or any witness, porky, or attorney is gotlty of any contempt while~in attendance art any
hearing held hereunder, the arbitrator may invoke the jurisdiction of any superior court, and such courk shall have jurisdiction to issue an
appropriate order, A failure tv obey such order maybe punished by the court as a contempt thereof,
{4} Uvithin eve days after conclusion of the hearing, the arbitrator shall rnalte a written decision upon the issues presented, a copy of
which shall be mailed by certified mai! ar a#herwise delivered to the parties or their designs#ed representatives The determination of the
dispute made by the afbi#rator shall be 1'anal and binding upvr~ both parkies~
~5} If a defective condition exists which affects more than one dwelling uni# in a similar msnn~r, the arbitrator may consolidate thv
issues of fact common to those dwelling units in a single proceeding. .
pecisions of the arbi#rator shall be enforced or appealed according to the provisions of chapter ~.04A RC11l1.
X2008 c 433 ~ ~46; ~ 973 ~ st ex,s, ~ 207 33,E
dotes: Application aptians not law~~~ savings " ~ffectEVe date 2a0~ c X33: fee ~w ~.t~4A.~9t~ #hrough
7.04A.3~~ and ~.~4A.~1~.
Arbi#ratian Leo,
The administrative fee for this arbitration procedure shall be established by agreement of the porkies and the arbitrator and, unless otherwise allocated by the arbitrator, shall be
shared egualiy by the porkies: PR~VIDE~, That upon either party signing an affidavit to
the effect that he or she is unable to pay his or her share of the fee, that portion of the foe may be waived ar deferred,
X20 ~ 0 c 8 ~ ~ 9030; ~ 983 c X64 12; ~ 973 ~ t ex.s. c 207 34.E
59,E $.3~4
Arbitration Completion oi' arbitration after giving notice,
When a parley gives notice purs~ar~t to Raw ~9,18.8~0~~}, he or she must, at the same time, arrange for arbitration of the grievance in
the manner provided far in this chapter The arbitration shall be completed before the rental due date nest occurring after the giving of
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C~ptc~i ~9. ~ ~ R.es~derzt~a~ ~at~~axi~-tent pct Page ~ off' ~
notice pursuant to R11~59.~8.3~0: PROVI~~~f That in na event steal[ the arbitrator have less then fen days to complete the arbitration
process.
Threw#ening behavior by #enan# ~'ern~ina#ion of agreement ~ written notice -Financial obligations
if a tenanf notifies the landlord tE~at he or she, or another tenant who shares that particular dwelling unit has been threatened by another
tenant, and;
~~}The threat was made with a tirearr~ ar ether deadly weapon as defined in RvV 9A.04.~ and
~2} The fer~an# who rude the threat is arrested as a reuCf of the threw#ening behavior; and
~3} Tha landlord fails to file an unlawful detainer action against the tenant who threatened another tenant within seven calendar days
after receiving notice of the arrest from a law enforcement agenoy; .
then the tenant who was threatened may terminate the rental agreement and quit the premises upon written notice to the landlord
without further obligation under the rental agreement.
A tenant who terrnina~tes a rents[ agreement under this section is discharged from payment of rent for any period fallowing the
quitting date, and is entitled to a pro rata refund of any prepaid rent, and steal[ receive a full and specifics#atement of the basis for
retaining any of the deposit together with any refund due in accordance with Rcv1159. ~ 8.~8D.
Nothing in this section steal[ be construed to require a landlord to terminate a rental agreement or file are unlawful detainer action,
l~ c
Notesr Intent ~99~ c 38. "The legislature recognizes that tenants have a number of duties under the residential landlord
tenant act. These duties include the duty to pay rent and give sufficient notice before terminating the tenancy, the duty
to pay drayage and storage casts under certain circumstances, and the duty to not create a nuisance or common
waste, The legislature finds that tenants are sometimes threatened by other tenants with firearms or other deadly weapons Some landlords refuse to evict thane tenants who threaten the
well-being of other tenants even after an
arrest has been made far the threatening behavior. The legislature also finds that same tenants why held protective
orders are still subjected to threats and acts of domestic violence. These tenants with protective orders must
sometimes move quickly so that the person being restrained does not know where they reside. Tenants who move out
of dwelling units because they fear for their safety often forfeit their damage deposit and last month's rent because they did not provide the requisite notice to terminate the tenancy.
Some tenants remain in unsafe situations because they
cannot afford to lose the money held s a deposit by the landlord. There i no current mechanism that authorizes the
suspension of the tenant's duty to give the requisite notice before terminating a tenancy ifthey are endangered by
others. There also is r~o~,currer~t mechanism that irr~poses a duty on the tenant to pay drayage and storage casts when
the landlord stores his or her property after an eviction It is the intent of the legislature to provide a mechanism for tenants who are threatened t0 terminate their tenancies without
suffering undue economic Ions, to provide additional
mechanisms to allo~r landlords to evict tenants who endanger others, and to establish a mechanism far tenants to pay
drayage and storage costs under certain circumstances when the landlord stores the tenant's property after an
ev~ctlon." C ~ ~ ~ , ~ .
Effective date c 8; "This act shall take effect June ~ 99~." 99~ c ~ ~ ~
Threatening behavior by landlord ~ Tern~ina#ion of agreement ~ Financial obligations,
if a tenant is threatened by the landlord with a firearm or other deadly vreapon as defined in RCVU A,04.~ ~ o, and the threat leads to an
arrest of the landlord, then the tenanf may ferrninate the rental agreement and quit the premises without further obligation under the
rental agreement, The tenant is discharged from payment of rent for any period following the quitting date, and,is entitled to a pro rata
littp://apps.log.wa.gov/rew/default.aspx?cite=59.18&full=true 101412010
h~~~1:e~~ 59.1 ~.eside~.t~a~ ~~~~a~~d~t~~~n1r ~t Pale 2 049
refund of any prepaid rent, and shall receive a full and specific statement of the basis for retaining any of the deposit together with any refund due in accordance with RCVU 59.~8,28g.
[1 X92 c 38 ~
Notes: ln~e~# Ef~~ctive date ~ 992 ~ 38; fee nodes foii~wir~g RCV~I ~9.~ 8,35.
•..~rph~»". r ..~.-.~..~~'-Y..'t._..". +rw~~..~.=~?.! ..s.~.•~~~~ .n ~~o _ ~ _ _ _ -^'~~=Y~"f"3.~i~,
~ ~ ~ ~ ~ ~ Y
Exemp~ions~
A landlord and tenant may agree, in writing, to exempt themselves from the provisions of RCUII 59.~S.a~a, 59.~8.~a0, 59,8.110,
59. ~ S, ~ 20, 59.E ~ 30, and a~ ~ ~ 90 if the following conditions have been met:
~~}The agreement may not appear in a standard form lease or rents! agreer~ent;
There is no substantial inequality in the bargaining position of the two parties;
The exemption does not violate the public policy of this state in flavor of the ensuring safe, and sanitary housing; and
Either the local county prosecutor's office ar the consumer protection division of the attorney general's office ar the attorney for
the tenant has approved in writing the application far exemption as complying with subsections thror~gh of this sectivr~. .
i:~ ~~3 ~ t ex.. c 2D7 ~
_:....-r----__._.-~~---------~--------_. - - - - - - -
Y{~~Y
Unlawful dettne~actf~n-Dis~resed have, prev~ousiy.
In an unlawful detainer ac#~vn involving property that was a distressed home;
~1 ~ The plaintiff shall disclose to the court whether the defendant previously held title #o the property that was a distressed home, and explain haw the plaintiff came #a acquire ti#Ie;
A defendant who previously held title to the praperky that was a distressed home shall not be required to escrow any money
pending trial when a rnaterial question of fact exists a #o whether the plaintiff acquired title fror~ the defendant directly or indirectly through a distressed home conveyance,
There must be bath an automatic stay of the action and a consolidation of the action with a pending ar subsequent quiet titla action when a defendant claims that the plaintiff acquired
title #a the property through a distressed horpe canveyancet
(2~~8 c 278 § ~
59,~8.3~5 ~ .
Unlawful detainerac~ian -umn~~r~s ~ l~orm.
Tl~e summons must contain the names of the parties to the pradeeding, tl~e attorney or attorneys if any, the court in which the same is brought, the nature of the actiar~, in concise
terms, and the relief caught, and also the return day; and must notify the defendant to
appear and answer within the time designated ar that the relief sought will be #al~en against him or her. The summons must contain a
street address far service of the na#ice of appearance ar answer and, if available, a facsirr~ile number for the plaintiff or the plaintiff's attorney, if represented. The summons rust
be served and returned in the same manner as a summons in other actions is served and
returned.
A defendant may serve a cagy of an answer or no#ice of appearance by any of the following methods:
~a} By delivering a copy of the answer or notice of appearance to the person who signed the surnmans at the street address listed
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on the summons;
~h} Icy ~~ailing a copy of the answer ar na#ice of appearance a~~resed #o the person who signed the summons to the street address
listed on the summonsr
~c} By facsimile to the facsimile number listed on the summons. service by facsi~r~i[e is complete upon successful tra~nsmisian to the
facsimile number listed upon the su~nmans;
~d} As otherwise au#horixed by the superior court civil rules.
~3} The summons far unlawful detainer actions for tenancies covered toy this chapter shall foe su~stantialfy in the fallowing form.
It~# THE SUPERIOR CURT ~F THE
TATI~ OF IIIIAHfI~IOTOI~I fl~l ~f~ll~ FOR ~ . , F , , C~U~ITY
~~a~ntil'f, ~ N0,
US, EV~~T~~N
~RBIden~la~~ .
~e~erldan~.
THIS l i~OTfOE A LA1IiIUIT `~D ~IIIOT YOU.
PEASE READ IT CARI;FU~LY. THE DEADLINE FOR YOI~R I~vRITTEfd
REPOI~fSE fS: ~:aa p.m,, on . , , . ,
.,,,,,.....,~Address~
This is notice of a lawsuit #o evict you from the property which you are renting. Your landlord is asking the court to #erminate your
tenancy, direct the sheriff to remove you and your foelongings from the property, enter a money judgment against you for unpaid rent
andlor damages far your use of the property, anal for court casts and attorneys' feesF
if you want to defend yourself in this lawsuit, you rr~ust respond to the eviction complaint in writing an ar before the deadlines#ated
above. You must respond in wri#ing even if no case number has been assigned by the court yet,
You can respond to the complaint in wrltf~g ny delivering a copy of a notice of appearance or answer to your landlord's attorney {or
your landlord if there is no attorneys by personal deliveryr mailing, or facsimile to the address ar facsimile number slated below TO 131
R~f~IVED IVY LATER THAI[ THE I~EADLIIVE STATED ABOVE, Service by facsimile i complete upon successful transmission to
the facsimile nun~her, if any, listed In the summons,
The notice of appearance or answer must include the name of this case ~plaintiff~s} and defendants}}, your name, the street
address where further legal papers may be sent, your telephone number cif any}, and your signature.
If there is a number on the upper right side of the evic#ion summons and complaint, you must also file your origir~a~l notice of
appearance or answer with the court clerk by the deadline far your written response.
NTT i'1 f f i 1 i~{ /1 ~ Y4 Y4 Y y Y A M t1 Y Y l{ i A M Y Y f~ h ~/a T T 1 Y fi i, a~ i Y~ i1 { Y r1 r-. 1 ti{ ~r'Y' i~~~~{ i h Y r~ f 1 4!~ ! ~ 1
WK,--J:7. I OOCILII I utjlL; ulv
ha~~e~~ 59.18 c~~ez~t~a~ ~at~~~o~•d~~c~~a~~fi act gage 3~ 0~~
You may demand that the plaintiff file this fav~rsuit with the court. if you do so, the demand must be in writing and must be served
upan the person signing the sum~nons~ Within fourteen days after you serve the demand, the plaintiff ~~ust file this lawsuit with the
cour#, or the service on you of this summons and complaint wilt be void.
ff you wish to seefc the advice of an attorney in this ma#ter, you should do so promptly so that your written response, if any, many be
served on ti~r~e.
You may also he instructed in a separate order #o appear far a court hearing an your eviction. f f you receive an order to show cause
you must personally appear at the hearing an the date indicated in the order to show cause t~[ ADDfTION to delivering and f Ting your notice of appearance or answer by the deadline stated
above,
IF YOU DO RIOT DESPOND T~ Tl~E ~MR~AINT IN WRITING ~Y THE DEADLINE STATED ASO1~E YOU ~IVfLL LOSE BY
DEFAULT, YOUR LANDLORD ~iAY I~ROOEED KITH THE I~~IIISUIT, EVEN lF YOU HAVE MOVED DUT ~F THE 1'R~~I~f~TY,
The notice of appearance or answer must be defiuered toy
Name
ireetAddress
Telephone Number
~ , ~ . F ~
Facsfrn~~e Number Required
~f Avaiiab~e~
[~~UB c ~5 ~ 2~a5 c 5~ ~ ~0~~ c ~3~ ~ 3; ~9$~ c 4~ ~5.i
!'r~ _
F~rcib~e e~~ry ar detainer or ~inlav~rful detainee actions ~ Writ res~~tut~on ~ Appl~cat~on ~ ~rde~ ~ Hearing,
The plaintiff, at the tine of comfr~encing an action of forc'fble entry or detainer or unlawful detainer, or at any tune afterwards, upan ding
the campfaint, nay apply to the superior court in which the action is pending far an order directing the defendant to appear and shave
cause, if any he or she has, why a writ of restitution should not issue restating #a the pfaEntiff possession of the property in the complaint
described, and the judge shall by order fix a time and place for a hearing of the motion, which shall not he less than seven nor more than Thirty days from the date of service of the
order upon defendant. A copy of the order, together with a copy of the summons and
complaint if not previously served upan the defendan#, shall be served upon the defendant The order shalt notify the defendant that if
he dr she faits to appear and show cause at the #ime and place specified by the order the court may order the sheriff fo testate possession of the property to the plaintiff and may grant
such other relief as may he prayed far in the campfaint and provided Icy this
chapter,
~2~~ ~ ~ 30 § ~ 9TH ~ ~t ex.s, c ~ ~8,~
Forcibie entry o~ detainerar uniaw~ui detainer actions ~ payment of ren# into co~~t registryWrit o~restitution - Natice~
f !J ~ 7 J ~ n ~ ~ ~n ■ n n n is : i . i.~ ~
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~~}The procedures and remedies provided by this section are optional and in addition to other procedures and remedies provided by
this chapter
In are action of forcible entry, detainer, or unlawful detainer, commenced under this ohapter which is based upon nonpayment of
rent as provided in RC ~9,~ ~.0~0~3}F the defendant shall pay into the court registry the amount aifeged due in the notice described in
this section and continue to pay into the court registry the monthly rent as it becomes due under the terms of the rental agreement while the action is pending, such payment is not required
if the defendant submits to the court a written statement signed and sworn under
penalty of periury that sets forth the reasons why the rent alleged due in the notice is not owed, In the written statement, the defendant
may provide as a reason that the rent alleged due in the notice is not owed based upon a legal or equitable defense arset-off arising
out of the tenancy.
~3} A defendant must comply with subsection of this section on or before the deadline date specified in the natica, which must not .
precede the deadline far responding to the eviction summons and complaint for unlawful dotainer If the notice is served with the eviction summons and complaint, then the deadline for
complying with the notice and the deadline for responding to the eviction
sum~r~ans and complaint must be the same date.
Failure of the defendant to comply with this section shall be grounds far the immediate issuance of a writ of restitution without further notice to the defendant and without bond directing
the sheriff to deliver possession of the premises to the plaintiff, Issuance of a
writ of restitution under this section shall not affect the defendant's right to schedule a hearing an the rr~erits. if the defendant fails to
comply v~rith this section and a writ of restitution is Issued, the defendant may seek a hearing on the merits and an immediate stay of the writ of restitution. To obtain a stay of the
writ of restitution, the defendant must make an offer of proof to the court that the plaintiff is not
entitled to possession of the property based on a legal or equitable defense arising out of the tenancy. The court shall only grant the
stay upon such prior native as the court deems appropriate to the plaintiffs attorney, or to the plaintiff if there is na attorney The court
may grant the stay on such conditions as the court deers appropriate, The court may set a show cause hearing as sown as passible, but na later than seven days frarn the date the stay
is sought ar the date the defendant maven the court for a Shaw cause hearing, If the
court concludes at the Shaw cause hearing that the writ of restitution should not have been issued because of ar~y legs! or equitable
defense to the eviction, then the writ of restitution must ba quashed and the defendant must be restored to passesian.
~5~ The defendant shall deliver written natica that the rent f~as been paid into the court registry or deliver a copy of the sworn
statement referred tQ in subsection of this section to the plaintiff by any of the following methodsF
~a} By delivering a copy of the payment notice ar sworn statement to the person who signed the notice to the street address listed on
the natica;
fib} By mailing a copy of the payment notice or sworn statement addressed to the person who signed the native to the street address
lis#ed an the notice,
~c} By facsimile to the facsimile number listed on the notice. service by facsimile is carnplete upon successful transmission to the
facsimile number listed upon the native; ar
~d~ As atherw~se authorMxed by the superior court civil rules
Before applying to the court for a writ of restitution under this section, the plaintiff must check with the clerk of the court to
determine if the defendant has complied with subsection of this sectiori~
if the plaintiff intends to use the procedures in this section, the plaintiff must first ale the summons and complaint with the
superior court of the appropriate county and deliver notice to the defendant of the payment requirements or sworn statement
requirements of this section. The notice must:
~a} state that the defendant is required to comply with this section by a deadline date that is not less than seven days after the notice
has been served on the defendant;
fib} Be separate from the eviction summons and complaint;
{c~ ~antain the names of the parties to the proceeding, the attorney ar attorneys, if any, and the court in which the proceeding is being brought;
~d~ Be signed and dated by the plaintiffs attorney, ar by the plaintiff if there is na attorney;
fie} antain a street address for service of the payment statement or sworn statement and, if available, a facsimile number for the
landlord; and
~ Be na less than twelve-paint font type, 'rn boldface type or capital letters where indicated below, and be substantially in the
following farm:
lIV T~~ ~1,~~'~l~l~R CURT ~FT~IE TATS
http://apps..Ieg.wa.gov/rew/default.aspx?cite=59.18&full=true 101412010
~~~aPfer 5~~ ~ ~ Re~~~et~fial lat~dlo~~~~~e~~anf act Page 3~ of ~9
OF V1IAWINTON I~fAND FOB .
COUNTY
Plaintiff, ~ hid,
}
vs. } R~UV 59. ~ 8. ~?5
} PAY~i~NT ~R ~w~RN
TA7EiENT REQUIf;i~MEN`~
Defendant, }
TO..... , Name}
, ~Address~
I~P4RTAIIIT N~T~E
I~EAUTH~E INTRUCTION~ CARfwFULLY
YOU MUST QO THE F~LLO~IIIINO BY THE pEADLINE DATE,
THE DEADLINE DAVE I. , . , , . , ,
~ .PAY PENT INTO TWA COURT RE~iTRY;
FILE A ~UORN TATI~f~1FNT THAT YOU DO ~fOT ODU~ THE DENT CLAIMED DUE.
IF YOU FA#L TO DO ONE O1= THE ABOVE ON ~E~ BFFOP~ THE DEADLINE DATE, THE SHERIFF CO~JLD E~IfCT YOU
INITH~UT A WEARiNO EVEN IF YOU HAVE ALSO RECEIVED A NOTICE THAT A HEAR]NG ~#AS BEEN SCHEDULED.
Y01~~ LANDLORD I~AII~I YOU SwF RENT
This e~rfcffon lawsui# i based Moan nan~ay~nent of rant, Yaur Iandlard claims you owe the following amaunt: , , , , , ,The Iandiard is entitled to an order from the court directing the
sheriff to evict you wi#houf a hearing unless you do the fol~awing by Ike deadline da#e. , .
~ , , ~ , ~
YDU I~I~T DD THE FDLLOwINC BY THE DEADLINE DATE;
r
littp::apps.leg, a}govhov/default.a px?cite= 9.18 full=true 101412010
~~apter 59~ 1 ~ ~~stdct~t~a1 ~a~~~~~~~d~tc~~a~~t apt ~~.g~ 0~~49
Pay into the court regis#ry the moun# your #~ndlord claims you owe set forth above and continue paying into the court registry the monthly rent a it becomes due while this lawsuit is
pending;
if you deny That you awe the a~r~aunt set forth above ar~d you do not want #o be evicted irnmediately witi~out a hearing, you ~r~ust
fide with the clerC~ of the court a written s#atemen# signed and sworn under penalty of perjury that sets forth why you do not owe tha# amount.
~F ~'ou must deliver written notice that the rent has been paid into the court registry D~ deliver a copy of your sworn statement #o the
person named below by persona! delivery, mail, ar facsimile.
Name
Address
Telephone Number
Fax Number
The sworn statement must be filed iN A~DiTiDN T~ delivering your written response to the camp~a~int and Y0~ MUST ALSO
appear for any hearing that he been scheduled.
L1at~d. F• ~ ~ i
[gned:r ,
~8}The notice authorized in this section maybe served pursuant to applicable civil rules either with a filed eviction summons and
complaint ar at any time after an eviction su~r~mons and complaint have been flied with the count If the defendant has served a response to the eviction summons and complaint, then the
notice rney be served before ar with an order to show cause a described in
RAW ~9. ~ 8.
~~}This section does no# affect the defendant`s right #o res#ore the tenancy under RCUV ~ 8.~~ 0,
~~~DB c ~ c ~ ~~83 c § ~3.}
F`arc~b~e entry or de#~~ner ar unl~w~u~ deta~rter act~ans writ of res~i~u~ian ^ Ansr~er - ~~d~r - day -Band
At the time and place fixed far the hearing of plaintiffs nnotion for a writ of restitution, the defendan#, ar any person in possession or
claiming possession o€ the property, may answer, orally or in writing, and assert any legal or equitable defense or setoff arising out of the tenancy. !f the answer is oral the substance
thereof shall be endorsed an the cornpiaint by the caur#~ The court shall examine the
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~~~~te~~ ~ $ ~ cs~de~xt~a~ ~ar~d~o~~d~te~lan~ act Page 3S ~
parties and witnesses orally to ascertain the rnerits of the complaint and answer, and if it shall appear that the plaintiff has the right to
be restored to possession of the property, the~caurt shall enter an order directing the issuance of a grit of restitution, returnable ten
days after its date, restoring to the plaintiff possession of the praperky and if it shall appear to the court that there is no substantial issue
of material fact of the right of the plaintiff to be granted other relief a prayed for in the complaint and provided for in this chapter, the court may en#er an order and judgrr~ent
granting so much of such relief a may be sustained by the proof, and the court may grant such
other relief as may be prayed far in the plaintiffs complain# and provided for in this chapter, then the court shall enter an order denying
any relief sought by the platn[iff for which the court has determined that the plain#iff has no right as a matter of law: PROVIDFq, That within three days after the service of the writ
of restitution the defendant, or person in possession of the property, may, in any activr~ for
the recovery of passessiarr of the property for failure to pay rent, stay the execution of the writ pending final judgment by paying into
court ar to the plaintiff, as the court directs, all rent found to be due and all the casts of the action, and in addition by paying, on a
monthly basis pending f nal judgment, an amount equal to the monthly rent called far by the lease ar rental agreement at the time the . complaint was fled: PROVIDED FURT~IER, That before
any writ shall issue priortofinal judgment the plaintiff shall execute to the
defendant and file in the court a band in such surr~ as the court may order, with sufficient surety to be approved by the clerk, conditioned
that the plaintiff will prosecute his or her action without delay, and will pay ail casts that may be adjudged to the defendant, and all damages which he or she may sustain by reason
of the writ of restitution having been Issued, should the same be wrongfully sued out.
The court shall also enter an order directing the parties to proceed tv trial an the camplaint and answer in the usual manner.
If it appears to the court #hat the plaintiff should not be restored to possession of the property, the court shall deny piaintif~s motion for a writ of restitution and enter an order
directing the parties to proceed to trial v4rithin thirty days on the camplaint and answer. if it
appears to the court that there is a substantial issue of material fact as to whether ar not the plaintiff is entitled to other relief as is
prayed for in plaintiff s complaint and provided far in this chapter, ar that there is a genuine issue of a material fact pertaining to a legal or equitable defense ar set~aff raised
ire the defendant's answer, the court shall gran# or deny so much of plaintiffs other relief sought
and sa much of defendant's defenses arset-off claimed, as may be proper.
[2a14 c 8 ~ 932; ~ X73 ~ st ex.s. c ~a~ ~ 39.]
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~~~~Y
Forci~~~ entry o~ det~ineror~n~wful de~aineract~an~~r~ta~resti~ut~o~-ervfce-Defenda~#'s b~ndi
~1 ~ The sheriff shall, upon receiving the writ of restitution, forthwith serve a copy thereof upon the defendant, his or her agent, yr
attorney, ar a person in possession of the premises, and shall not execute the same for three days thereafter, and the defendant, or
person in possession of the premises within three days after the service of the writ of restitution may execute to the plaintiff a bond to be filed with and approved by the clerk of
the court in such sum as may be fixed by the judger with sufficien# surety to be approved by
the clerk of the caurk, conditioned #hat they will pay to the plaintiff such sure as the plaintiff may recover for the use and occupation of
the prerr~ises, or any rent found due, together with all damages the plaintiff may sustain by reason of the defendant occupying ar
keeping possession of the premises, together with all damages which the court theretofore has awarded to the plaintiff as provided in this chapter, and also all the casts of the action.
The plaintiff, his or her agent ar attorneys, shall have native of the tine and place
where the court or judge thereof shall fix the amount of the defendant's band, and shall have notice and a reasonable opportunity to
examine into the qualifgation and sufficiency of the sureties upon the band before the bond shall be approved by the clerk. After the issuance of a writ of restitution, acceptance of
a payment by the landlord or plaintiff that only partially satisfies the judgment will not
invalidate the writ unless pursuant to a written agreement executed by bath parties. The eviction will riot be patpor~ed or stopped
unless a copy of that written agreement i provided to the sheriff. It is the responsibility of the tenant or defendant to ensure a copy of
the agreement is provided to the sheriff. Upon receipt of the agreement the sheriff will cease action unless ordered to do otherwise by the court. The writ of restitution and the notice
that accompanies the writ of restitution required under R~II 9.~ 8.3~ ~ shall
conspicuously state in boil face type, all capitals, not less than twelve points information about partial payments as set forth in
subsevtian of this section. if the grit of restitution has been based upon a finding by the court that the tenant, subtenant, sublessee, ar a person residing at the rental prerises has
engaged in drug-related activity or has alicwed any other person toengage indrug-
related activity at Chase premises with his or her knowledge or approval, neither the tenant, the defendant, nor a person in possession
of the premises shall be entitled to past a band in order to retain possession of the premises, The writ may be served by the sheriff, in
the event he ar she shall be unable to find the defendant, an agent or attorney, ar a person in possession of the premises, by affxing a copy of the wri# in a conspicuous place upon
the premises; PROVIDED, That the sheriff shall not require any band far the service or
execution of the writ, The sheriff shall be imr~une from all civil liabili#y for serving and enfarcfng writs of restitution unless the sheriff is
grossly negligent in carrying out his or her duty. - .
The notice a~ccompar~ying a writ of restitution required under I~CUV ~g.~~.~~2 shall be substantially similar to the fallowing:
[N1P4RTA~T NOTtE -PARTIAL PAYMENTS
YOtJ~ LANDLORD'S AccEPTANDE OF A PAI~T[AL PAYMENT FROM YOtJ AFTER ERV[~E OF TH[S UU~[T OF
t~I~ST[TUTION ~IItLL NOT AUTOI~ATtDALLY POSTPONE OR STOP YOUR EV[OTION, IF YOU HAVE A 1NRtTTEN AORFEMENT
http://apps.leg.era.gov/rew/default.aspx?cite=59, l full=true 1 014120 1 0
~~apte~• 5~~ ~ S R; ~es~~c~tia~ a~1d~o~~d~tena~at act Page ~ 0~~9
WITH YOUR ~.AhIpI~DI~[~ THAT THE EVICTIQN ~flLt BE P~STP~NED OR ST~I~PED, IT I YDUR ~EP~NSI~ILITY T~
PROVIDE A CDPY ~F THE AGREEMENT T4 THE HER[FF. THE I~ERI[=F 11111t.t, NQT CEASE ACTION I~~LESS Y~t~ PROVIDE
A COPY CAF THE ACREEME~IT. AT THE pIRECTION OF THE CpI~RT THE SHERIFF MAY TAKE FURTHER ACTION.
[1997 c 255 ~ 1;1989 c 342 ~~;1988 ~ 150 ~ 3; ~9731sf ex,~. c 29T ~ ~4~,~
Notes;
t,eE~atlve f lndin~s everabillty ~ 9~ c ~ 50: fee Hates fa~iawin Rw 9. ~ ~ 0.
Forcible entry ordetaineraruniawfui detaineractl~ns-wrlt~f restitution ~-Answer~fdefndant~
~n or before the day fixed far his appearar7ce the defendant may appear and answer. The defendant in his answer ray assert any
legal or equitable defense ar set~aff arising out of the tenancy. if the complaint alleges that the tenancy should be terrninated because
the defendant tenant, subtenant, sublessee, or resident engaged in drug~related activity,' or allowed any other person to engage in drug related activity at the rental premises with
his orher Itnawledge orconsent, noset-off shall be allowed as a defense to the complaint.
E1988 c ~ 59 ~ 4; ~ 9131st ex,s. c 201 ~ 41.]
Notes:
Legislative findings everability X985 c ~5a~ fee Hates fai~cwing R~v11 ~9. ~ 8.'i 30.
Q AA -
Foreibleentry ardetainer erunlawful detainer actions - UVrit of restitution ~ Judgment -Execution,
If upon the trial the verdict of the j~~Y or, if the case be tried without a jury, the finding of the court be in favor of the plaintiff and against
the defendant, judgment shall be entered for the restitution of the premises; and if the proceeding be for unlawful detainer after neglect
or failure to perform any ~andition or covenant of a lease or agreement under which the property is held, or after default in the payment of rent, the judgment shall also declare the
forfeiture of the lease, agreement, or tenancy. The jury, or the court, if the proceedings be
tried without a jury} shall also assess the damages arising out of the tenancy occasioned to the plaint[ff by any forcible entry, or by any
forcible or unlawful detainer, alleged in the complaint and proved an the trial, and, if the alleged unlawful detainer be after default in tha payment of rent, find the annount of any
rent due, and the judgment shall be rendered against the defendant guilty of the forcible envy,
forcible detainer, or unlawful detainer far the amount of damages thus assessed and for the rent, if any, found due, and the court may
award statutory costs and reasonable attorney`s fees. v~{hen the proceeding is far an unlawful detainer after default in the payment of
rentf and the lease ar agreement under which the rent is payable has not by its terms e~cpired, execution upon the judgment shall not be issued until the expiration of five days after
the entry of the judgment, within which time the tenant or any subtenant, ar any mortgagee
of the term, or other party interested in the continuance of the tenancy, may pay into court for the landlord the amount of the judgment
and oasts, and thereupon the judgment shall be satisfied and the tenant restored to his or her tenancy; but if payment, as herein provided, be not made within flue days the judgment
may be enforced far its full amount and for the possession of the premises, In all
other cases the judgment may be enforced imt~ediately, if writ of restitution shall have been executed prior to judgment no further writ
or execution far the premises shall be required.
~~010 c 8 ~ ~ 933; ~ 973 Est ex.s. c 207 ~ 42,E
~Vi i Va~~1!
applicability to certain ingie family dwelling leases
Tl~e provisions of this chapter shall not apply to any lease of a' single family dwelling far a period of a year or mare or to any lease of a
single family dwelling containing a bona fide apt[an to purchase by the tenant: PR~VID~D, Tha# an attorney for the tenant must approve on the face of the agreement any lease exempted
from the provisions of this chapter as provided for in this section
[1989 c 342 ~ ~ 2;1913 ~ st ex.s. c 201 ~ 43.]
~ n - .
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t~a~~~~, S9. 8 R~~id~t~tia~ an~I~~~d-t~n~t~~ ~c~ gage ~9
59~~8.4~0
~ ~9=~2~~90, 9~~~.~0~, 59,~~.~~~, and ~~~~.~7a ~nappiic~~ie=
The provisions of RC1N59,~2.~9~, ~9,~2,~gD, 59.~1~,~2~, and 9,~2,~7~ shall not apply to any rental agreement included under the
provisions of chapter ~9. ~ 8 RCllll.
97~ ~ st ex, s~ ~ 207 §
~9. x,434
Ap~i~abiii~y ~o prior, exi~in~ ar fu~ur~ iea~s.
Rev g,18.~~a thraugl~ 59.~8.~~~ and 9,~8~9gD shall not apply to any lease entered into prior to July X97. A!i provisions of this . chapter shall apply to any lease or periodic tenancy
entered into ors ar subsequent tv July ~ , ~ 973,
i1 X73 ~ st ex,. ~ 207 ~ 47.] ~ .
--------T--~----T~~-~---,--~----
5.~ 8,44
R~Ioa~ion assistance far Eow~incoma tenants er~ain ci#ie, tans, coun~ie, ~nun~cipal ~orpor~#ions
au~harized to require
~'l}Any city, town, county, or municipal corporation that is required to develop a comprehensive plan under l~Cw ~~.70A.04U~~} is authorised to require, after reasonable notice to the
public and a public hearing, property owners to provide their portion of reasonable
relocation assistance to law-income tenants upon the demolition, substantial rehabititati'anwbether due to code ent`orcemer~t ar any
other reason, or change of use of residential property, or upon the removal of use restrictions in an assis#ed~hauing development. i~o city, town, county, or municipal corporation may
require property owners to provide relocation assistance tolaw-income tenants, as
defined in this chapter, upon the demolition, substantial rehabilitation, upon the change of use of residential property, ar upon the
removal of use restrictions in an assisted~housing development, except as expressly authorised herein or when authorised or required by state ar federat law, As used in this section,
„assisted hauling development" means a multifamily rental housing development that
either receives government assistance and is defined a federally assisted hauling in RCVIf 59.~8~g2g, or that receives other federal,
state, or local government assistance and i subject to ~~se ~estrictio~s,
{2} As used in this section, "lvw-income tenants" means tenants whose combined total income per dwelling unit is at ar below tit`ty
percent of the median income, adjusted for family sloe, in the county where the tenants reside
The *department of car~munity, trade, and econo~r~ic development shall adopt rules defining county median income in accordance
with the definitions promulgated by the federal department of housing and urban development.
A requirement that property owners provide relocation assistance shall include the amounts of such assistance to be provided to !ow-income tenants. In determining such amounts, the jurisdiction
impasir~g the requirement shat! evaluate, and receive public
testimony an, what relocation expenses displaced tenants would reasonably incur in that jurisdiction including
~a} Actual physical moving costs and expenses;
fib} Advance payments required for moving into a new iesidence such as the cost of first and last man#h's rent and security and
damage deposits;
~c} Utility connection fees and deposits; and
~d} Anticipated additional rent and utility casts in the residence for one year after relocation.
~~}~a} l~efocatian assistance provided talcw-income tenants under this section shalt not exceed two thousand dollars far each
dwelling unit displaced by actions of the property owner under subsection of this section. A city, town, county, or municipal corporation may make future annual adjustments ta~the rnaximurn
amount of relocation assistance required under this subsection in
order to reflect any changes in the housing component of the consumer price index as published by the United states department of
!abort bureau of labor statistics, ,
{b}The property owner's portion of any relocation assistance provided to low~income tenants under this section shall not exceed
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haptet° 9~ ~ ~ r: ~esicr~t~al lat~d~or-tena~rt act e 41 of 49
one-half of the required relocation assistance under ~a} of this subsection in cash or services.
~c} The portion of relocation assistance not covered by the property owner under fib} of this subsection shall be paid by the city, town, county, ar munccCpa! corporation authorized
to require relocation assistance under subsectian of this section. The relocation
assistance nay be paid from proceeds collected from the e~ccise tax imposed under RCVI~ 8~.4B.a~a.
{5} A city, town, ca~nty, yr municipal corporation requiring the provision of relocation assistance under this section shall adopt
policies, procedures, or regulations to implement such requirement. Such policies, procedures, ar regulations shalC include provisions
for administrative hearings to resolve disputes between tenants and property owners relating to relocation assistance ar unlawful
detainer actions during relocation, and shall require a decision within thirty days of a request far a hearing by either a tenant or property owner,
Judicial review of an administrative hearing decision relating to relacatian assistance maybe had by fCiing a petitionf within ten days of the decision, in the superior court in the
county where the residential property is located. Judicial review shall be confined to the
record of the administrative hearing and the court may reverse the decision only if the administra#ive findings, inferences, conclusions,
or decision is;
~a~ In viofatian of canstitutianal provisions,
fib} In excess of the authority or jurisdiction of the administrative hearing officer;
~c} lUlade upon unlawful procedure or otherwise is contrary #a law; or
~d} Arbitrar~r and capricious.
~~}Any city, town, caun#y, or municipal corporation may require relocation assistance, under the terms of this section, for otherwise
eligible tenants whose living arrangements are exempted tram the provisions of this chapter under ~CVV 5g~~8~a4a{} and if the living arrangement is considered to be a yenta! or lease
not defined as a retaiC sale under Raw 8~~g4.D50.
~7}~a} Persons who move from a dwelling unit prior to the application by the owner of the dwelling unit for any governmental permit necessa~r for the demolition, substantial rehabilita#ion,
ar change of use of residential p.roper#y or prior to any notification or filing
required for condominium conversion shall not be entitled to the assistance authorized by this section.
fib} Persons who move into a dwelGr~g unit after the application for any necessary governmental permit or after any required car~dominium conversion notification or filing shall not
be entitled #o the assistance authorised by this section if such persons receive
written notice from the property owner prior to taking possession of the dwelling unit that specifically describes the activity ar condition
that may result in their temporary ar permanent displacement and advises them of their ineligibility for relocation assistance.
i ~19~7 c ~ ~~95 c 3~ ~99~ Est ex.s, c ~ ~ ~ ~9,J
Notes:
~Revise~'s note: The "depar~rnent of cornn~un~ty, trade, and economfic development" was renamed the "department
of commerce" by BOOS c 8,
.Intent evorabiiity F, X997 c See notes fo~lowing RwS7.~8.D80.
savings ~ c 4~~= See note following ~UV ~~.~8. ~ 8~ .
everab~lity Part, section headings not iav~r ~9~~ Est exFs, c See Raw ~~.~OA,90~ and G,~~A.0~,
J~~~
i~eiocation assistance for iowyirrcorr~e tenants ~ payments not considered tnco~ne ~ Eiigi~ility ~arather
assistance not affected.
~elacation assistance payments received by tenants under ~Rv1~ ~9.~8,~440 shall not be considered as income or otherwise affect the
eligibility far ar amount of assistance paid under any government benefit programs
~9~ Est ex,s, c ~ T ~ SQ.~
Notes:
*Reviser' note: The reference in ~99D Est ex.s~ c g ta'"section 50 of this act" is apparently erroneous and
~ _ , ~ a , . r...
littp:HLapps.leg. f i a,gov! lie ' 1 /def - tilt. aspx'M V1tV~5 J f 1 8 1-ult=t ue I U I t ZU 10
~atez~ 5~.1 S R: Residential ~a~xd~o~•d~tenat~t act sago o~ ~9
has been translated to RUV ~9. ~ ,~~o, which eras ~ 1~9~ ~ sf ex,s. c ~ 7 49.
evera~ility Part, section headings not haw ~~94 Est ex.s. fee Rw G.~OA.9~4 and 3,7oA.9~~,
GangW~elated ect~vity ~ ~,egiiat~ve findings, declaratfans, and intent
The legislature finds and declares that the ability to feel safe and secure in one's owr~ home and in one's own community i of primary
ir~portance. The legislature recognises that certain gang-related activity can affect the safe#y of a considerable number of people in the rental premises and dwelling units. Therefore,
such activity, although i# may be occurring within an individual's home or the surrounding
areas of an individual's hams, becomes the cammunit~"s concern.
The legislature intends that the re~~edy provided in RCUV 5~.~8.5~0 be used solely to protect the health and safety of the community. The remedy is not a means for private citizens to
bring malicious or unfounded actions against fellow tenants or residential
neighbors for personal reasons. In determining whether the tenant's actfvf#y !s the type prohibited under RCVU g.~8.~30~g}, the court
should consider the totality of the circumstances, Including factors such as whether there have been numerous complaints to the landlord, damage #o praper#y, police or incident reports,
reports of disturbance, and awes#s. An absence of any or all of these factors
does not necessarily mean gang activity is ~~at occurri~~g~ In determining whether the tenant i engaging ingang-related activi#y, the
court should consider the purpose and intent of Raw 59.E 8.5~ 4. The legislature intends to glue people in the comm~tnity a Taal that will
help them restore the health and vibrance of their community,
998 ~ 278 § 4,~
~~l~~~~~
fang-reinted activity ~ Notice and demand the landlord commerce u~~lawful detainer action -Petition to court
attorney' fees.
~~}~a}Any person whose life, safety, health, or use of property ~ being inured or endangered by a tenant's gang.related activity, who has legal standing and resides, works in, or ovens
property in the same multifamily building, apartment complex, or within a one,block
radius may serve the landlord with a ten4day no#ice and demand that the landlord commence an unlawful detainer action against the
tenant. The no#ice and demand mus# set forth, in reasonable detail, facts and circums#ances tha# lead the person to believe gang rela#ed activity is occurring. The native and demand
shall be served by delivering a copy personally to the landlord or the landlord's
agen#, if the person is unable to personally serve the landlord after exercising due diligence, the person nay deposit the notice and
demand in the mail, postage prepaid, #o the fandlard',s or the landlord's agent's last known address.
fib} A copy of the notice and dennand ~~ust also be served upon the tenant engaging in the gang-related activity by delivering a copy
personally to the #enanf, However, if the person i prevented from personally serving the tenan# due to #hreats or violence, ar if personal
service is no# reasonable under the circum#ances, the person may deposit the notice and demand in the mail, postage prepaid, to the tenant's address, or leave a copy of the notice and
demand in a conspicuous location at the tenant's residence,
~~}{a} within ten days from the time the notice and demand is served, the landlord has a duty #o take reasonable steps to investigate
the tenant's alleged noncompliance with RUU 59, ~ 8.~ 3g~9}, The landlord mus# no#ify the person who brought the notice and demand that an investigation is occurring. The landlord has
ten days from the tune he or she notifies the person in which to conduct a
reasonable investigation,
fib} lf, after reasonable investigation, the landlord finds that the tenant is not in compliance with RCUV 9,~~,~3g~9}, the landlord may
proceed directly to an unlawful detainer action or take reasonable steps to ensure the tenant discontinues the prohibited activity and
complies with RCw 59, ~ 309}.The landlord shall notify the person who served the no#ice and der~and of whatever action the
landlord takes.
~c} lf, after reasonable investigations the landlord finds that the tenant i~ in compliance with RCw 5g.~ 8.~~D~9},the landlord shall .
notify the person who served the notice and demand of the landlord's findings.
~3}The person who served the notice and demand may petition the appropriate court to have the #enancy terminated and the tenant
removed from the premises if; ~a} vVithin #en days of service of the notice and demand, the #enanf fails #o discontinue the gang-related
activity and the landlord fails to conduct a reasonable investigation; or {b}the landlord no#ifies the person that the landlord conducted a reasonable investigation and found that the
tenant was not engaged ingang-related activity as prohibited under RCVV b9~ ~ 8. ~ 309}; or
~c} the landlord took reasonable steps to have the tenant comply with RCV~I 5~.~8.~0~9}, but the tenant has failed to comply wi#hin a
reasonable time.
I littp:Happs.leg.wa.gov/re /default.asp ?cite=59,18 fu1lTtrue 10/4/2010
~~aPte~~ 59. ~ ~.e~z~e~~t~a~ ~a.t~d~a~~~i~te~~nt pct ~ Page o~ 49
~4} If the court finds that the tenant was not in aarnpliance with RCV~f ~g~~8.~~a~9}, the court shall enter an order terminating the tenancy and requiring the tenant to vacate the premises.
The court shah not issue the order terminating the tenancy unless it has found
that the allegations of gang~related activity are corroborated by a source other than the person who has petitioned the court,
The prevailing party shall recover reasonable attorneysT fees and costs. The court may impose sanctions, in addition to attorneys' fees, on a person who has brought an action under this
chapter against the same tenant an more than one occasion, if the court finds
the petition was brought vuith the intent to harass. However, the court must order the landlord to pay costs and reasonable attorneys"
fees to the person petitioning far terrt~inatian of the tenancy if the court finds that the landlord failed to car~ply with the duty to investigate, regardless of which parley prevails,
~ .
C X76 ~ 5.~
~~ug and alcahal free housing-Pr~gr of recov~~y~Term ~A~Opiicaf~on of chapter.
~~}For the purpose of this section, „drug and alcohol free housing," requires a rental agreement and means a dwelling in which:
{a} each of the alwelling units an the premises is occupied ar held for occupancy by at least -one tenant who is a recovering alcoholic
ar drug addict and is participating in a program of recovery;
{b~ The landlord is a nonprofit corporation incorporated under T'rtle 24 R~~v, a corporation for profit incorporated under Title 23B
R~vV, or a hauling authority created under chapter ~82 RCVV, and is providing federally assisted housing as defined in chapter 59~~8
RCVV; .
~c} The landlord provides:
~i} A drug and alcohol free environment, covering all tenants, employees, staff, agents of the landlord, and guests;
~ii~ An eRr~ployee who monitors the tenants far compliance with the requiremen#s of ~d} of this subsection;
~iii~ Individual ar~d group support far recoveryr and
Div} Access to a specified program of recovery; and
~d} The rental agreement is in writing and includes the following provisions:
~i~ The tenant may not use, possess, or share alcohol, illegal drugs, controlled substances, ar prescription drugs without a medical prescription, either on or off the premises;
iii} The tenon# may not allow the tenant's guests to user possess, ar share alcohol, illegal drugs, controlled substances, or prescription drugs without a medical prescription, an the
premises;
viii}The tenant must participate "rn a program of recovery, which specific program is described in the renta! agreement;
Div} Dn at least a quarterly basis the tenant mus# provide written verifcatian from the tenant's program of recovery that the tenant is
participating in the program of recovery and the tenant has not used alcohol ar illegal drugs;
{v} The landlord has the right to require the tenant to take a urine analysis test regarding drug or alcohol usage, at the landlord's
discretion and expense; and - -
{vi~ The landlord has the right to terminate the tenant's tenancy by delivering a three~day native to terminate ~uith one da}~ to comply, if a tenant living in drug ar~d alcahal free
housing uses, possesses, or shares alcohol, illegal drugs, controlled substances, or
prescription drugs withauf a medical prescription.
Far the purpose of this section, "program of recovery" means a veriiEable program of counseling and rehabilitation treatment
services, including a written plan, to assist recovering alcoholics ar drug addicts to recover from their addiction to alcahal or illegal drugs
while living in drug and alcohol free housing, A "program of recovery" includes Alcoholics Anonymous, l~larcotics Anonymous, and
similar programs.
~3~ If a tenant living far less than two years in drug and alcahal free housing uses, possesses, ar shares alcohol, illegal drugs,
controlled substances, or prescription drugs without a medical prescrip#ion, the landlord may deliver a ~vritten notice to the tenant terminating the tenancy for cause as provided in
this subsection, The notice must specify the acts constituting the drug or alcohol
1_u._ . !1_..._ ~ i _ _--E_-____l 1 _1'___1~ _ _..__~1 _'t_~.Cf1 1 (1 a_I'._~1.....i..._ _ i n!r! 1f1f11 ~l
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~~~pte~~ X9,1 S cs~der~tia~ ~at~c~lo~~d-~t~~t1~ Pale 4~ of 49
violation and must state that the rental agreement terminates in not less than three days after delivery of the notice, at a specified date
and tame, The notice must also state that the tenant can cure the drug or alcohol violation by a change in conduct or otherwise within
one day after delivery of the notice. if the tenant cures the violation within the oneRday period, the rental agreemen# does not terminate, if the tenant does not cure the violation
within the one-day period, the rental agreement terminates as provided in the notice, if
substantially the same act that constituted a prior drug or alcohol violatiarl of which notice was given reoccurs within six months, the
iand[ord~ may terminate the rental agreement upon at least three days' written notice specifying.the violation and the date and time of termination o~ the rental agreerr~ent~ The tenant
does not have a right to cure this subsequent violation, .
~4} Notwithstanding subsections and ~3} of this section, federally assisted hauling that is occupied another than a transient .
basis by persons who are required tv abstain from possession ar use of alcohol ar drugs as a condition of occupancy a~~d who pay for . the use of the housing a~n a periodic basis, without
regard to whether the payment is characterized as rent, program fees, or other fees,
casts, or charges, are covered by this chapter unless the living arrangement is exempt under RCVV ~ 8.440.
[zoos c 382 ~
~--T - - - - - - - - - -
5.~ 5~5~0 ~ . Victim protection ~ Def~n~~ians~
The def nitians in this section apply throughout this section and R~I~v ~9.~ 8.57 through 5~. ~ 8.58 unless the context clearly requires
otherwise.
"credit reporting agency's has the same meaning asset forth in RCw ~ 9.~i 82.0 0~5}. ,
"Domestic violence" has the same meaning asset forth in Raw 2G,50,D~D,
"hlousehald member" means a child or adult residing with the tenant other than the perpetrator of domestic violence, staltcing, ar
sexual assar~lt,
~4} "t.andlord'"has the same rrieaning as in Raw X9,18.434 and includes the landlord`s emptayees,
"'~ualifed third party" means any of the following people acting in their official capacity.
{a~ law enforcement officers;
{h} Persons subject to the provisions of chapter ~8.~~0 RU11;
~c} ~mplayees of a court of the state;
~d} t_icensed mental health professionals or other licensed counselors;
fie} %mplayees of crime victimfwitness programs as defined in Rw 7.69.020 who are trained advocates far the program; and
~f} l~lembers o~ the clergy as defined i~~ P~II128.4~,00,
~~O} „sexual assault" has the same meaning as set forth in 1~CUV 74. ~25.D~0. .
"Stalking," has the same meaning a set forth in RCVV 9A.4.~ ~ a. - .
~S} "~'enant screening service provider" means any nongovernmental agency that provides, far a fee, background information an prospective tenants to landlords,
~9~ "Unlawful harassment" has the sane meaning as in Rlly ~0.~4.020 and also includes any request for sexual favors to a tenant or household member in ret~rrn for a change in ar perrormance
of any ar all terms of a lease or rental agreement.
[zoos ~ ~ 200 c § .
Notes:
Reviser's notcF T'he definifians in this section ha~re been alphabetized pursuant ~o ~w ~,a8.a~{~}~k},
Findings Intent~~0~~4 c ""The legislature finds and declares that;
littp:llapp leg, a gevlrewldefa-Lilt. a px?eite=5918 ull=true 1014/2010
~~a~fox~ 5 x.18 ~ esidet~t~~l ~at~d.lo~~d-te~la~~t act Puke ~45 0~` ~9
} Domestic violence, sexual assault, and stalking are widespread societal problems that have devastating effects
for individual victims, their children, and their carnr~unities. Victims of violence may be forced to remain in unsafe
situations because they are bound by residential lease agreements. The legislature finds that the inability of vic#ims to terminate their rental agreements hinders or prevents victims
from being able to safely flee dorr~estic violence, sexual
. assault, or stalking, The legislature further l=ends that victims of these crimes who do not have access to safe hauling
are mare likely to remain in ar return to abusive ar dangerous situations. Also, the legislature finds that victims of these
crimes are further victimized when they are unable to obtain ar retain rental hauling due to their history as a victim of
these crimes, The legislature furthrfinds that evidence that a prospective tenant has been a victim of domestic violence, sexual assault, or stalking is not relevant to the decision
whether to rent to that prospective tenant.
i
~2} By this act, the legislature intends to increase safety for victin-rs of domestic violence, sexual assault, and stalking
by removing barriers to safety and ofr`ering protection against discrimination." ~~004 c ~T ~ ~i.~
effective date 2004 c "This act is necessary for the immediate preservation of the public peace, health, ar safety, ar support of the state government and its existing public Institutions,
and takes effect immediately [March ~ 5,
,
V~V:I V
llictin~ protection ~ Notice to landlord ~ 1'errntna~ton of rents! agreement ~ procedures.
4~~~a~ If a tenant notifies the landlord iii writing that he ar~she or a household member was a victim of an act that constitutes a crime of domestic violence, sexual assault, unlawful
harassment, or stalking, and either ~a}~i} or iii} of this subsection applies, then subsect[on
of this section applies;
~i~ The tenant or the household member has a valid order far protection under one or more of the fallowing: t;hapter ~.9a, ~,SO, or ~G.~~ IOW or RW gA~48.g4D, gA.4G.aa, ~a~~4.a8a, ~g~9g~g~0
~2~ or ~3~, or ~6~a9,D5D; or
{iii The tenant or the household member has reported the darnestic violence, sexual assault, unlawful harassment, or stalking to a qualified third party acting in h[s or her official
capacity and the qualified third party has provided the tenant or the household rriember a
written record of the report signed by the qualified third party.
fib} When a copy of a valid order for pratectlan or a written retard of a report signed ley a qualified third party, a required under ~a~ of this subsection, i made available to the
landlord, the tenant may terminate the rental agreement and quit the premises without
further obligation under the rental agreernen# or under chapter 5~.~8 R~v1l. However, the request to terminate the rental agreement
must occur within ninety days of the reported act, event, or circumstance that gave rise to the protective order or report to a qualil'<ed third party. A record of the report to a qualifed
third party that is provided to the tenant or household member shall consist of a
document signed and dated by the qualified third party stating, ~i}That the tenant or the household Member notified him or her that he
or she was a victim of an act or acts that constitute a crime of domestic violence, sexual assault, unlawful harassment, or stalking; ~ii~
the tirrie and date the act or acts occurred; {iii} the location where the act or acts occurred; {Iv} a brief description of the act or acts of domestic violence, sexual assault, unlawful
harasr~enf, or stalking, and ~v}that the tenant or household member informed him or her
of the name of the alleged perpetrator of the act or acts. The retard of the report provided to the tenant or household member shall not
include the name of the alleged perpetrator of the act or acts of domesticviolence, sexual assault, unlawfu! harassment, or stalking The qualll'ied third parley shall keep a copy of
the record of the report and shall Mote on the retained copy the name of the a![eged
perpetrator of the sot or acts of domestic violence, sexual assault, unlawful harassment, or stalking. The record of the report to a
qualified third party may be accomplished by completion of a farm provided by the qualified third party, in substantially the following
form;
[Name of organization, agency, clinic, professional service provider
I andlor n,y . , ~ . ~ . household r~ember} am~is a victim of
...domestic violence as defined by ~vV 2i~.5D.0~0.
,sexual assault as defined by RAW 70.~1~~.D30.
F stalking as defined by I~CUV 9Aa~~ ~ ~ a,
. , .unlawful harassment as defined by R 5g.~ 8.57a,
~rlefly describe the incident of domestic violence, sexual assault, unlawful harassrnen#, or stalking:. .
i i i f! 1 f I f f~ 1, f1 r i Il !1 l► 1 1 , ~ 11 I d 1/1 C1 1 !1
nup:r/apps. ieg -vva.gow e /amui a px niie =D i zimull=it ue U/q/Zu 1 u
h~~to~` ~9~~8 es~~e~~t~a~ ~a~a~~o~~c~tet~a~at act gage 4 x'49
The inciderit{s} that [ rely on in support of this declaration occurred on the following datet~s}and time
{s~ and at the fallowing iacat~an~s}, + , , , , , . , , , ,
The incident~s~ that !rely an in support o~ this declaration were committed by the fvllowrng persan~s};
!state under penalty of penury under the laws of the state of Washington that the foregoing is true
and correct. dated at , , . , , . , city} , vllashingtan, this ~ , . day of , , , ~4,
, , , , , , , , , F , ,
Signature of Tenant or
~ausehold Member
[verify that l have provided to the person whose signature appears above the statutes cited in Rlly
59. ~ 8.575 and that the individual was a victim of an act that constitutes a crime of domestic violence,
sexua! assault, unlawful harassment, ar stalking, and that the individual informed me of the name of the
alleged perpetrator of the act.
dated this . , ,day of , ,
Signature of authorized
officerler~p~oye of ~~rganization, agency,
clinic, professional
service provider}
~2} A tenant who terminates a rental agreement under this section is discharged from the payment of rent far any period fallowing _
the last day of the month of the quitting date, The tenant shall rer~ain liable for the rent for the rnor~th in which he ar she terminated the rental agreement unless the termination
is in accordance with RCN 59.~8,2~~~~~, I~lotwithstanding tease provisions that allow for
forfeiture of a deposit far early terrr~ination, a tenant who terminates under this section i entitled to the return of the full deposit, subject
to I~CVV 59.~8.~Z~ ar~d b9.18,~8~, ether tenants who are parties to the rental agreement, except household members who are the victims of sexual assaults stalking, un[awfuI harassment,
or domestic violence, are oat released fror~ Choir abligatians under the rental
agreement or other obligations under this chapter,
~~}~a} Notwithstanding ar~y other provision under this section, if a tenant ar a household member is a victim of sexual assault, stalking, or unlawful harassment by a larrdlard, the
tenant may terming#e the rental agreement and quit the premises without furkher
obliga#ian under the rental agreement or under this chapter prior to making a copy of a valid order for protection or a written record of a
report signed by a qualified third parley available to the Iar~dlard, provided that:
~i} The tenant roust deliver a copy of a valid order for pro#ectian ar written record of a report signed by a qualified third parley to the
landlord by mail, fax, ar personal delivery by a third party withlr~ seven days of quitting the tenantis dwelling unit; and
~ii~ A written record of a report signed by the qualified third party must be substantialty in the farm specified under subsection ~~}~f~}
of this section. The record of the report provided to the landlord must not include the name of the alleged perpetrator of the act. ~n
written request by the landlord, the qualified third party shall, within seven days, provide tie name of the alleged perpetrator of the act to the landlord only if the alleged perpetrator
was a person meeting the definition of the term rFiandtord" under RCVV 59.~8.5~~.
fib} A tenant who terminates his ar her rental agreement ur~der this subsection i discharged from the payment of rent for any period
following the #atter of: ~i}The date the tenant vacates the unit; ar iii}the date the record of the report of the qualified third party and the written notice that the tenant has vacated
are delivered to the landlord by mail, fax, or p~rsarial delivery by a third party. The tenant i
entitled to a pro rata refund of any prepaid ren# and trrust receive a full and specific statement of the basis for retaining any of the
deposit together with any refund due in accordance with RCUV 5g.~ ,~8a.
~4} if a tenant ar a household member is a victim of sexual assault, stalking, ar unlawful harassment Icy a landiordF the tenant may
change or add locks to the tenant's dwelling unit at the tenant`s expense. If a tenant exercises his or her rights to change or add locks,
littp:llapps lei w gov/rew/default. apx?eite=59.18 full=true 10/4/2010
hap~er 59~ 1 S ~ Rei~~~~~a~ an~~~id-~~nnt ~c~ gage 4'~ o~ ~9
the following rules apply:
~a} lll~thin seven days of changing or adding locks, the tenant must deliver to the landlord by mail, fax, or personal delivery by a third
party: ~i} 11Uritten notice that the tenant has changed or added locks; and iii} a copy of a valid order for prates#ion ar a written regard of a
report signed by a qualified third party. A written record of a report signed by a qualified third party rust be substantially in the farm specified under subsection ~~}fib} of this
section, The record of the repor# provided to the landlord must not include the name of the
alleged perpetrator of the ac#~ ~n written request by the landlord, the qualified Third party shall, within seven days, provide the name of
th~ey11al)le+/g'~ed~ryprerpetrator to the landlord only if the alleged'perpetrator was a person meeting the definition of the term'landlord}'under
~VYY VVi~I/FVJ a~
fib} After the tenant provides notice to the landlord that the tenant has changed or added lacks, the tenant's rental agree~r~ent shall
terrnina#e on the ninetieth day after providing such notice, unless:
~i} 1I~lithin sixty days of providing notice that the tenant has changed or added locks, the tenant notifies the landlord in writing that the
tenant does not wish to terminate his or her rental agreement. if the perpetrator has been identified by the q~atified third party and is no
longer an employee or agent of the landlord or owner and does not reside at the property, the tenant shall provide the owner or onerrs designated agent with a copy of the key to the
new locks at the carne time as providing notice~that the tenant does not wish #o terminate
his or her rental agreement. A tenant who has a valid protection, antiharassment, or other protective order against the owner of the
premises or against an employee or agent of the landlord or owner is not required to provide a key to the new lochs until the protective order expires ar the tenant vacates; or
iii} The tenant exercises his ar her rights to terminate the rental agreement ender subsection ~3} of this section within sixty days of
providing notice #hat the tenan# has clanged or added locks.
~c~ After a landlord receives notice that a tenant has changed or added lochs to his or her dwelling unit under {a} of this subsection,
the landlord may not enter the tenant's dwelling unit except as follows:
~i} In the case of an emergency, the landlord ray enter the unit if accompanied by a law enforcement or fire official acting in his or
her official capacity. if the landlord reasonably concludes That the circumstances require immediate entry into the uni#, the landlord may,
after notifying emergency services, use such force as necessary to en#er the unit if the tenant is not present; or
{ii}The landlord complies with the requirements of I~~vV ~9,~8,~~0 and clearly specifies in writing the time and date that the landlord
in#ends to enter the unit and the purpose for entering the unit, The tenant must make arrangements to permit access by the landlord.
~d}The exercise of righ#s to change or add locks under this subsection does not discharge the tenant from the payr~en# of rent anti[
the rental agreement is terminated and the tenant vacates the unit.
fie} The tenant may not change any locks to common areas and must make keys for new lochs available to o#her household
members,
~f}Upon vacs#ing the dwelling unit, the tenant must deliver the key and all copies of the key to the landlord by mail ar personal
delivery by a third parley.
A tenant's remedies under this section da not preempt any other legal remedy available to the teriant~
{~}The provision of verification of a report under subsection ~~}fib} ofthis section does not waive the confidential or privileged nature
of the communication between a victim of dar~estic violence, sexual assaui#, ar stalling with a qualified third party pursuant to I~VV ~.60.O~D, 7g.~ 2.g~, or 7g.~ 2~.g6~. No record
ar evidence obtained from such disclosure may be used in any civil, administrative, or
criminal proceeding against the victim unless a written waiver of applicable evidentiary privilege is obtained, except that the verification
itself, and no other priviCeged information, under subsection ~~}~b} of this section maybe used in civil proceedCngs brought under this
section,
i~V V~ ~ ~ CaaV ~ ~ ~7U ~ L I 1 LVV~ V ~ F
Notes.
ilor~ ~i~~~ ~a~~ ~~~a~~aa.
Findings y~ in~en~~~~~fective da~eyy~~0~ See r~a~es fa~lawing 1~~U1~59,~8.5~D.
ViI~ 1 V~~[i~ Ills#im pratectio~ ~ L~mit~~ion ~n iand~ordfs renal decisi~ns~
A landlord may not terming#e a #enancy, fail to renew a tenancy, ar refuse to enter into a rental agreement based on the tenant's or
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~~apte~~ ,18 ~eiden~ial Iandlo~~d~fe~aa~~f act Page 0~~9
applicant's or a household members status a a victim of do~~estic violence, sexual assault, or stalking, ar based an the tenant or
applicant having terminated a rental agreement under RCVU ~ 8,75.
A landlord who refuses to enter into a rental agreement in violation of this section may be liable to the tenant or applicant in a civil
action far damages sustained by the tenant ar applicant. The prevailing party may also recover court casts and reasonable attorneys'
fees.
It is a defense to an unlawful detatr~er action under chapter 59. RCw that the action to remove the tenant and recover
possession of the premises is in violation of subsection } of this section,
~4} This section does not prohibit adverse housing decisions based upon other lawful factors within the landlord's knowledge.
[204 c ~ ~ ~ ~4.~
Notea ~ . Findings In#en#~-~ft'ective da#e-~~~~4 c notes foflcwing i~~~lv ~9.~8.57D.
V~ctir~ protection Possession of dwelling unit ~ i~xciuion of others -New lack or key
i
A tenant who has obtained a court order from a court of competent jurisdiction granting hire or her possession of a dwelling unit to
the exclusion of one ar more cotenants may request that a lock be replaced ar co~~f~gured for a r~ew key at the tenants expense. The landlord shall, if provided a copy of the order,
comply with the request ar~d shall not provide copies of the new Keys to the tenant
restrained ar excluded by the caUrt's order. This section does not release a cotenant, other then a household member who i the victim
of domestic violence, sexual assault, or stalking, from liability or obligations under the rental agreement.
A landlord who replaces a Iocit or canf~gures for a r~ew key of a residential hosing unit in accordance with subsection {~i} of this
section shall be held harmless from liability for any damages that result directly from the lock change.
~2~04c~7§~.)
Notost
Findings ~nter~t~~~ffec#ive d~#e~~2D44 c X17: See notes ~oi~owing RCVU ~9. ~ 8.7D.
~V~~ Va1~/V V
severab~l~ty ~ ~9~3 ~s# ex~~ c
If any provision of this chapter, ar its application to any person or circumstance i held invalid, the remainder of the act, or its application to other persons or circ~mstanoe, is not
affected.
~3 ~ st ex.s. c 2~7 37.]
seversbili#~ C
If any provision of this act ar its application to any person or circumstance is helm invalid, the remainder of the act ar the applitian of the provision to other persons or circumstances
is not affected,
9$~ c 34~ ~ 8.]
.
effective da#e - X89 c 34~t
http://apps.leg.era.gov/rc /deta-Litf.a px`~c-te=59.18 dull=true 101412010
~~~aptr R; ~ei~et~t~ai la~~~~o~~d~~~~aa~~t apt gage 49 a' ~
phis act shail #al<e ei=fec~ an Augus# ~ X59, and shat! apply to fandfard-tenant refatianships existing an ar en#ere~1 in#a after the effec~~ve da#e of #h~s ac#,
X1989 c 34~ ~
59.'I ~
onstrut~on - Chapter app~iab~e to ~a~~ regfs~~r~d dvme~~c par#nerhfips ~ ~~D9 c
Far the purposes of this chapter, the teems spouse, marriage, marital, husband, wife, widow, widower, next of kin, and fam~iy shall be interpreted as applying equally #a s#a#e registered
domestic par#nerships or individuals in s#a#a registered domestic par#nerhip as well
a #o marital relationships and married persons} ar~d references #a dissafu#lan of marriage chaff apply equally to state registered
domestic par#nerships that have been #erminated, dissolved, a~ invalidated, #a the extent #ha# such in#erpreta#ian does not confiict wi#h federal taw. there necessary to impfemen# chapter
Laws of 2~gg, gender-specific #erms such as husband and wife used in any
statute, rule, or other iaw shall be construed to be gender neritral, and applicable to individuals in state registered domestic
partnerships.
X2909 c § X39.]
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