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Home My WebLink AboutItems Submitted at the Meeting (2)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 I i i 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 I i t 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 i I i i i i I I 1 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. , r r~ t r ~ i n~ I a 1 n o n 1 i i f'1 1 ,1 1/'1 11 11"1 http:// ww.code ?1ib11sliin .com1 Aut)u '1]lAuournu 11AUi)u nu 1 zD.iiimi ! U/-+I/,U 1 U ~~~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 a a a~ ~ i , 1 ~ 1 1 a 1 r► • 1 a 7 e1 a A i i i /l ~ A I/\ /l f http.llwww.Codepublishln .com/walAuburn/AubumU 1 /AuburnO 12~.lit I 1 U141ZU 1 U t~~ t~~~ ~ ,2 IIL P~~A~~'tE ~0~. rDLATI Pale ~ of 7 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 http://ww. oc1 publisliing.coI vwa/Aut)urn/AUI)UMUI/,AUDurnu i z:).iiimi 1 UI,+1 ZU I U 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 . . ~ : o f ~ ~ • .ti . f~ y n~ r. r, f 7 i n 1 ,1 Ir1 n i n http://www.codepubll hing.coiiil a/A.ut)urii/Aubul` OI/Auburnu i/,.);htmi 1 u/4/Zu 1 u ~~~~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 11LLp.f! W W W. t.+U lUpUU113111116. UUllil WWPlLUUU1II/I-l lULE111V lltiUUU111V IG.l.l111111 1 VI",It/ILv I V 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 Lu._.!J_____-- _ _ 1 ---__1_1' _1_ _ _ _ ! A __1__-.--- ! k __1____-..Ili f A __#.__....Ili+'1~ 1_i-_-'~ 1 fl JA fr'1f11 ~ ntLP;I/ WWW.CUUepU011 nlllg.COMIWdlALl0Urn/ Auuu nU i IAu u umv i z3.nt 1 1 U/14/ZU 1 U 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~ ~V.r. VMn Vr~a 1 Y/ 1 1 a 1 r a 1 1 1 1 r! r/ 1 r! r/ 1 1 r/ 1 x 1. 1 1 1.. + ~VV4aMn I02 i i~~+ila liV l~~~~ Y/ 1 1 1 1 / r+ 1 1 1 1 4 1 / 1 r Y/ f 1 1 1+ 1 r!/ r+ ~~~~~~j 1 1 1 1 1 x 1 1 1 1 i t 1 f 1{! / 1 r♦{ r+ 1! r r 1 1 1 1 1 1 +V ~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 ~-1~}{~~.(~j p`+'~-{~q 1 1 + ~ + . } , r a . . . { i { { { . , . . , ~ V{J yJ lil l~ll~ •ti{l Vill~ . 1 r , a r 1 a + { + r 1 1 1 a / 1 + 1 1 / 1 1 1 / 1 1 Y ~YF I0 De~art~x~ct~t of l'ro~ert~ Maintenance X04 Pl~~~~~ing Systel~~s and Fixtctres 1 1 , { .1111.11 1 / I Inspection 1.1 1 1!♦ i l i Y l l i l l l/ i 4 1 1 i 1 1 1 1 1 r r 1 ~I''1 17 Lf 4~}F'r ~{~/xt V~•+ r i r!/! 1 1.!...........{ s 1.{,{♦ I V 111 {,1 {Vf r } V ! /'Y S 1~4 Duties and PO~~ers Or the COde Official , 1 1/. 1 1 1 1 2 ~~6 Sanitar i/ ~rk+i!#ti+ +J ~tk+l~i 1+, r r 1 1 1 1 1 1 1! i 1 1 1 1 1~ V 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.. 11ly'+ F1/yJi iY{ .1yY ,'/yJ} ~ 1111 l 11 1113 lJil iJ ~ii,/lilt+~ns+ r. 1•.... 1.....~ 1. 1 Y 1 1 1 1 1 1 a 1• 1 1 r 1/ y 4V.J I• 1 V V k/ ~ ti+n~ r~ V r~ r 1 1 1 r! 1+ r r! r r 1 r. 1 1 1. i,. 1 r j{/y11 /4~ 71 }l AYE }E[Y~/+~ ~i1 !/y 1i1 '/}Y ~/y~ 71{'."y'l~ 1111 1/+~ CHAPT~~t 6 ~Jy 1RPCHAN(~~1 'IyyyCAL AND ELF~CTRIIIAL/'Jy I V V ~Jl~aiYi ~rN 4~Vlr1~1~ 41n~ .I.~.I~N+r~i~~V nt f 1 / 1 1 1 r 1 ! r 1 / 1 4 L1il~U~Rif~~NT~ . 1 { , . . . . r { . . , . 1 11 M~ 1 E~~~ergency Il~easttres 1, . r . r . . . . . 1 . . / .1 1 / . r a l l ~ Section .4AM ~Vi~~+/.{ition 1/ 1 r 1 1, r r!/ 1 1 1 1 1 1 1 1 1 1 1! 1 1 1 1 1 1 1•• VV~I YVn4+rL411 1,+ 1 1 1! 1!/ 1 a 1/ 1 1 1 1 1 1 1 1 1 1 r r 1. 1 r 1 1 1 Y~ I I 1 ilil'linV Vi ~r~Fl~ai a a 1 r ~ 1 1 Y 1 1 1 1 1 1 1 x 1 1 1 1 1 1 L•~~ ~i~~t~n1y~/. i aV~liti\r~+ 1 1 1 1++ 1 / 1 a 1 1• 1 r r 1 1 1 1 •1 1 F+l 1 r~y1 1}[~ !1/11'11 ii ~(/`~1 1111 3 I~ Stop fork Order . r ! 1 1 r 1 . . . . . . . 1 , { Y / i 1 1 1 i 1 1 1 1J f/'{~ SSS}}}a1~yy{. 71r~~'1y,111 •''~1.1 y1 y7 //J~.{1{ 11 ~{l ~~~~~~~1{,r 4,A~ Lv. 4i~..eill~nt s•. 4.• i 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 NY I Vern Vr4i~ a++ 1 Y 1 i 1 1 a 1 i 1 Y f i 1 4/ i r 1 r 1 1 1 1/ i 1 1 1 f 1 Y~ ~1~~~~~r~i ~~1~alLi~il ~L RinM D~+ii~~~1.4~tVr~ 1 a 1 1 Y 1 i 1 #I hF 20L.1 R,J R,i1~Lrr,AI D41i~iltl~nll 1 1.1 1.1 4 a i 1 Y i i 1 Y i 1 i 4 Y 1.. T~• f ^T~ ~~~t~T~~ 1 1+ r 1 1 1 1 r 1 R 1 1 1 1 1 1 r 1 r! 1 1 1 1 r 1 r R VV 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 0`+ +-.xtYrl~r l~rop~r~y Areas. . . 1 . . . . . . . , 1 Y 1 1 1 . / + 1 1 .F ~Ol General 1 , , / . 1 1 r r 1 r r . r 1 1 r . 1 . . . . . / . . 1 . . . 1 . / ~V V4/ ~l ~+lil ll~n A VVI~~+ ~3-~Ys HVt 1 1 1 1 r.. 1 r I+ j,j4•L4 n\7 Vr J,~J r.sr+r~r71 1 r• 1 r r 1/! r 1 1 r 1 r 1 1 r• 1! r 1/ i.IV V0 1 iJi It LrllJr ~tr~1~t 3. r. • 1 1 1 1 1 1 1 1 r/ 1 1 1 1 f a 1 1 1 1 ~ 1 F~Ir~-resistance Ratings . a 1 r 1 1/ a r 1 1 a 1 1 r+ 1 1 1 a• FJ~ VV ++#t Vrior tr Y~Vt~r~ 1 + 1 / 1 1 r r 1 1 1 1 r . 1 . . ~ . . r . . 1 / 1 a~ ~irY~ PrV~YJ Y.rtiLn ~ st~ilisl . 1 ! 1 1 / , I 1 • 1 1 1 1 • , 1 1 1 1 +IV JJ///l~111 11 ~0V CO1]ip0nef~t Serviceabrtlit~l r r 1, 1 1 I r! I r l l l 1 1/ + J Handrails and Guardrails r , ..1.111.111 r 111 I ~ CHAPTER 8 REFERENCED STANDARDS , , , ~ , ~ 2~ ~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 V0Y i i~s* ~111~1~nL1~1 V11. 1 . . . . . . . 1 l . / . 1 { 1 1 1 1 Y 1 1 + r 1 1 APP13{'DI11 }i 1r 1„/AliD~N it iN~++RD . . r 1 { { . . . ~ ~V Section CHAPTER ~ LI/'I~'~HT, ■~E/N' TIL'/ATIOYN AND /~{1 /-y'fy~ry+ //~`(`~J V~U~A +N Y LiYlll~i iTI~N~ ! 1 , { { i~ i 1 ~ V ~ ~~+i l{,rr4~ f r 1 ! 1 • 1 1 1 1 1 1 . 1 . . . . . . . 1 1 1 Y . 1 i 1 1 . , + ♦ Lf V SeCt10n A 102 I1rlaterialsl r ! r ! . . . . r r . . . 1 . . . . . . 1 . . . 1 . . . . r . , 2~ -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/!• 11JL Lfl~~~~ 1 1 f r 1 1•+ 1! 1 1 1 1,♦ 1!..• a.. i 1. 1 1 1 1 1 1 1 1 r i 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 L~##tra~~lv~xr,~rnt~nnri~i•'r11F111['SiisYl!'C!►f1?111LxF~11317Y'lllf`f"1~~1111'1111'Y11F~~1-~11~~1~`~l~ 1l! ~I~1 I{1!'Y'~~~~11 AitL 011 w }Y VY. %.+Vu%./FiLtVII lLIItrp o. VWJLIM VV W A X%4V1 L X M 1 ],uV til~L I-W fI i s,ULV lhllEV V S..r~&A.A. ti- +.a 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- - _ _ _ _ _ .nrir.~.na n 1 U~~~~U 1 U http://www.codepubli hing.co wa/Al,i ur Auk} 1 O5/A-Libu1' O522.litIlil ha te~~ ~`~.A~ ~~]I~ICr ~UfI~~S ~XN~ A~ ~`~AT~tE Page 0~ S 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 . y 1f 1 t t~ t~ 1 E J A __7___..._Ilf f A __1___....f1C~1~1 1_x.__1 1 l1fA !r}!li fl nap:llwww. oae uDii nin .co d/A-LiDurn/y-)Luoumu.DiAuuti nvDz/,.ntmi 1 v#`tlZV I v ~apte~~ 5 BUI~I~ L~~~E A~~ ~.~~X~ gage o~ 8 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; http:llwwv odepublishin ,co lwa/ ubu n/AtxbumO5/AubumO522 ht l 101412010 hap~er 5~~~ ~EITA.~, UINx ~~Z~~ L~~~ ADD TRA~'~~~x~~ Pac 5 of S 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; , ~ ► ► ~ , , ~ . _ nr r a __t___..._nrn~ y_~___i 1 l11~ Ifni f1 iiup:i/www.coacput)ir nrn corwwaEAuaurniauoumvDii-iuournuiLL-fitirii Iu,~izvly ~ha ~z~ F~~ fNT~L ~~I~X~Cx BUII~ XENE ~NI~ T~.T~I~ gage ~ ~ . 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 htti);llwww.codcnublishin coird a/Au urnlAubutnO5/AuburiiO522litmi 10/4/2010 h~ ~ct~ 5,2~ INTA~, ~~UIN UIN~ ~~NE AND '~~ATE~I~ Pale 7 0~ 8 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 lr~--~~~ . ~~~~.~~.t~r w w ~.-.•~r. lal.r. L. r.x r. r. a;:t 1rr pry I Fl ~~it~~a4a~ ~ Il tiy~Y7KaH~ li ~ ~ ll~lli4'i'Sf 1~ f~ ~~f1^I~ 1 ~Jl.L+~l i f ~ 1 IlLt .}i/I W4 W.QUUVPUUi1N111fIg-UUM/ WWPluUUl111tILUU11111V Ytr-IuUU11fVJLG.Il~liil ~ yr zrt+ki I v hap~e~~ REN~"A~, ~~CJINC~ BUIIE ~,IEN~ ANI) ~`l~A~'~Z~ tae 8 0~~ . 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, 1,.t~.~.ll__.-._w__ _]r__._1_f.'~1_'._.~ _ 1- 1 A -_1---..-. ! A --1----...Ilt 1 A --1----•--fl~r"1r`I 1-~---i i r1l,f lnnf n itf4U;11ti'1'VYW.UOUCUU011S111I1LY.COHY U/I-IUDUM/I-kUDEll'nuxl-%.LIDlIrnu3LL.1l1.IT1! 1111W1~1) ~ fl I I I i I I I i i i 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, ,1 , , f F ~ r k f r ~ ....~...-.--_nn a ~ __1___..._r1[li ~ #_~._.t 1 ~11A 1~d11 fl rittp;I{www,Co opui)il ning.COMIWa/AUD11rMAUDUMUO1, U0LillIV0l4.IILIIli 1 vt`t/4v 1v ~hap~e~i 8, ~ ~ PUB~~C NZA~~ ~a~ ~ of . 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 ~ . . !r _ _ _1 _ __1.1' _ _ 1..,._~ ! A __~___...t I A „1..,,.....ClOI Il ~,1,.,,...,~1~ i'~ 1,+.t,~ 1 f~f111~'If~1 fl I vi-r/LV 1V C~aa te~i 8~ f ~ ~UBLI ~U~r~~I~ Pac ~ o~ 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~~ httptllwww,coctepubii .iing.CO M/ alAUI)Ur AUt)UMU6/AUt)U V?S I Z.nIMI ]Iurt-+f/Iv ILu I I i I I i I ~~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 i i i I 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► 11tTiio-//xvwULI c'orieniil)li,gliltlpF r,OM/Wfl/AllniiYn/Al1n11intIN/RllM111ION/ILIITMI 111141G[I I U i I I 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 i ~ ~ ~ ~ r f n i , n ~ . x n inn ly 11 i I1 ! 1f1 !1 1 /'1 littp;llapps.legma goW c /(Ielault asp rate= ~i zs quit=true iv u u ~~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.] F~~-~-+1►l~ntt+~n Inrr t;rn rsnrlfw*n~~rlrlnYn~il~ nr~+txr~r►i~~L~~ ~ ~~rtsrlF--~f+~~~ 1 ! 1I!! 1 111 I .vva.6uvii%,vvt;-t%,iaUl4.aajjh Ullti°".1],1UUL1Uli-llUki iVI `flZ-dV1U ~~~apfe~~ 59. ~ 8 ~ e~~dcxlt~a~ at~d~o~~d~te~.azxt act gage ~ o~ ~9 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 tittp:llapps. leg. a govir mictelauit asp 'eclte=-) 1 NMull=true I U/4/201 0 ~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 iiupallapps .ieg, a.gowrm/actaunt.asp -(cite--.) ~)a 16 tuli=true 1 U14I2U 1 U ~~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 h p:Happsrleg, a.gov rew/ efault.aspx?cite::--5 .18 ull=tru 101412014 ~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 . littp:// pp .le ova ov/ ew/default a px?cite^5918 ftill=true 1 0/4120 1 0 ~~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 littp:Happs.leg. a.gov/rew/default.a px?eite=59,18 f'ulI true 101412010 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 httprllapps leg wa.gov/rew/defatilt a px?citc=5 18&full------!:true 101412010 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. h p;Il pps.le .wa. ov/rcw/default.aspx?cite=59.1 f-Lill=true 101412010 ~~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; 1 a, Y I i i !y i •'f + ~ tt ~ e"Y n A 1 i ~ n 1 i !.ti n ~ n np;//apps -ie wa.gov/rew/ctetault. aspx !elte=.) 1 zi tuii=tt ue I U1412.U 10 ~~iaptel4 5~,1 ~ I~C~w'; ~~d~~~t~al la~~d~~~d~ten~~t pct 4 of 49 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 iiup:t/ apps. ieg. wa.g f wrew cteia tt. 44s Ffx- ite=D / . 1 zi aiuti=tr yfY 1 U/ /ZU 1 #J ~~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 littp,llapps,leg.wa.gov/rc /default.asp ?clte= 9.18&full-true 10/412014 ~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 ~ nup;//apps. ieg a gov/rcw/aetautt aspx {citeT3v. i zs Zun=i ue l u114lzu l u ~~~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 littp:llapps.ieg. a- gov/rcw/default. a p ?cite=59.8 fu11=true 10/4/2010 ~~ter S9. ~ 8 RCS. Res~e~~tial ~a~~~o~~~te~an.t pct Page ~ of 49 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 ~C~i~.'~1_.....JCb.l~X.:.'....5:~_..._.._..._..__._.__.__._.._.__. ..v..... ~.....1 ~ ~s~~~ 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, htt :Happ leg. wa gov/rew/defa-Lilt. p ?citc=59.18 full=true 1 014120 1 0 ~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 http;llapps.leg. wa. ov/rcw/default.aspx?cxtey59.18Mull=true 1 0141201 o ~~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 ittp://apps leg. a ov/ c /default aspx?cite=5 18 Rill=t ue 10/4/2010 hp~ez~ ~~,1 S e~~de~~~~~1 ~a~d~~~•d~~e~a~x~ pct ~g 2 of 4 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; http:llapps,leg, a, gov/rcw/default. aspx?cit =59.15 full true 101412010 ~~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~. ~..~,ri-l-.'~~~./'.-T-/mew,...~.t~........~-~....:._._....._.~._r_.~.----~T,~..-:"':^--"-.---'--'-'~--.:.:-.--. _ _..t_ ~~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 http:Ilapps.leg. wa,gOvlrcw/def'a-Lllt,aspx?cite-S9.18&ful Haw 101412010 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 http.llapps.leg. wa.gov/rew/defatilt. aspx?czte~S9.1o ful =true 101412010 ~hp~~14 5~, ~ ~ ~es~dezx~~a~ ~and~o~~dw~~z~an~ .c~ Page 3 of ~9 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.~ ~ IMP: //apps.leg. YYa.go YI rc YY/441.+lLf.i It. aspx*: Vlte=b . 18 Mulltrue l U1412U l U hapf~r , ~ S R ~si~~~iai andior~-~e~~~~~1~ act 5 a~ ~ ~~}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 ti~f1'11Ot1t1[~ 117 ~Y1ri r`rr'rzrli{rti3z~fn~ni,1'~ nn~tv_Intf~-~iS ~ X JYrtiill-~,.,,~ 1 f~l~ 1'lfll fl IIL'IF#/ICAJJFa.1V~'.V ct~6vvIA%WV /%A%.,.auLt.aaFn,4.,l L X L Lull clLIU Ivr -rrZ-dkf I v ~~~~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.] ~•'.r,.- ..-i^r..r,~y,~,a..^i..: 5,....~.y,myr.~...>-..n..~..r...w.~r.~..~ _~rm~~..tis.W.w.-. .~+.+~r~~.'_'+4'.'~'.'rY: l.^.••1~::~______.._ _ - _ - ~~~~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 - . http:f f apps leg. as v/rew/defaull. aspx`i clte= / 9.18 Shill=true 1 U14 !1u 10 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 http:/lapps,Ieg, a. gov/rew/defatilt. aspx?cite 9,18Muliytrue 10/4/2010 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 Illlp;#1appS.leg. WU gOV/ ;WIM1.MIIL.USP M (;Ite--3 Y.1 0 cvc1u11- true ~~~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 i,~-►-.~.. Jln.~...~ 1n~. ~.r~ .ti.,._,1.,,.,r.1,],.~'.,,,1+ ri.,.r..,~,,:~-,.-C(1 ~ 0 ~r~'„11-~-~.,,,., 1 ~1Jr11~71~1~ ~1 IlLLP.I/ UPPN.pug. W U.gV vl I I O MI LIII-LI LLV I ur 1-ti Z IV i v ~~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.] ~ttt~'lln~~r~~.1~~ ~n~rlt;~~l~~f~j~lt ~~t~x`~~i~~~SA 1 ~~fii~l~t~~~~~ ~ (lldl7~~ --.r " a -I i-C~ I r r -I C) - r f i V 1 f 4 NW %I 16 L+ 16f A Yf L-41.71,fti 0 V1LV V J a 1 VL+V1 Li11 4A 16,& %e L We It !-d 1 V