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~;~.. STATE OF WASHINGTON
7>. f'l-. County of Jefferson
In The Matter Of Authorizing the
Prosecuting Attorney's Office to
Seek Entry of Orders that Would
Reduce Warrants of Abatement
To Special Assessment Status
As Permitted by RCW 36.32.120(10)
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RESOLUTION NO. 11-07
WHEREAS, enforcement against real properties where septic, solid waste and
zoning violations are occurring is a priority in this County because such violations
amount to what the law calls a public nuisance; and
WHEREAS, Community Development, the Prosecuting Attorney's Office, Public
Health and the Sheriffs Department have and are devoting resources and personnel to
undertake such enforcement actions; and
WHEREAS, the process outlined in state law for such enforcement actions
against public nuisances allows a local government to obtain what lawyers and judges
call a Warrant of Abatement from the Clerk to the Superior Court, who issues said
Warrant to the Jefferson County Sheriff only upon receiving a signed Order to do so from
a Superior Court Judge; and
WHEREAS, once issued, the Warrant of Abatement allows the local Sheriff s
Department to enter upon the real property in order to implement the clean-up if the
property owner will not cooperate or clean-up in accordance with state law found at Ch.
7.48 RCW and RCW 36.32.210(10); and
WHEREAS, those same state laws intend that the cost of abating or removing the
public nuisance should be and is a charge against the real property where the public
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nuisance occurred; and
WHEREAS, the State Legislature presumably recognized the importance of
supporting local governments as they abate public nuisance by enacting Chapter 337,
Section 6 of the 2003 Sessions Law the state law now codified at RCW 36.32.120(10);
and
WHEREAS, the state law found at RCW 36.32.120(10) allows the costs
associated with a Warrant of Abatement to be levied as a "Special Assessment" on the
land or premises where the nuisance is situated to defray the cost, or to reimburse the
county for the cost of abating it;" and
WHEREAS, RCW 36.32.120(10) further states that "[t]his assessment shall
constitute a lien against the property, which shall be of equal rank with state, county and
municipal taxes;" and
WHEREAS, the likelihood of recovering the money spent to abate the public
nuisance is much greater if the Warrant of Abatement has been reduced to the status of a
Special Assessment as is permitted by RCW 36.32.120(10); and
WHEREAS, the Prosecuting Attorney's Office intends to in the future to obtain
Warrants of Abatement against other real properties in the unincorporated County where
public nuisances are found by a Superior Court Judge to be present; and
WHEREAS, the Prosecuting Attorney's Office should have the ability to go to
Superior Court to have Warrants of Abatement reduced to Special Assessments without
having to specifically seek the County Commission's permission each time it intends to
do so,
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NOW, THEREFORE, BE IT RESOL VEn by the Board of Commissioners of
and for the County of Jefferson as follows:
1. The Jefferson County Prosecuting Attorney's Office be and hereby is
authorized to seek "Special Assessment" status for the total value listed upon any
Warrant of Abatement lawfully issued by the Clerk to the Superior Court to the Jefferson
County Sheriff.
Approved and adopted this
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t.JGlie Matthes, CMC
Deputy Clerk of the Board
~ay of February 2007.
JEFFERSON COUNTY
BOARD OF MMISSIONERS
PhI John n, Chair
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Austin, Member
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