[WSBARP] unpermitted structure

[Jay Goldstein]

Good questions Steve—pls reply to the list

Thanks

J

Jay A. Goldstein
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1800 Cooper Point RD SW NO. 8  |  Olympia, WA 98502
Telephone 360.352.1970  |  Fax 360.357.0844 |  www.jaglaw.net<http://www.jaglaw.net/>
jay at jaglaw.net<mailto:jay at jaglaw.net>

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From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Stephen Whitehouse
Sent: Monday, December 19, 2016 10:28 AM
To: wsbarp at lists.wsbarppt.com
Subject: [WSBARP] unpermitted structure

Listmates,
      I am looking for any thoughts relating to enforcement action against an unpermitted structure.
      I am not concerned about criminal penalties as those are covered by statutes of limitations.
      I was always of the impression that as to civil enforcement action, there was no statute of limitations. In other words, even years after the event, with a new owner who had no idea the structure was unpermitted, an agency could bring a civil action such as for abatement. I have looked for cases that say that, but cannot find any thing either way. I have found some authority for the idea that an agency can only bring civil enforcement action that is specifically authorized. As an example, while the hydraulics statutes have criminal and civil penalties, there are no provisions for abatement. In other words, with an older structure that the current owner did not build, there is nothing they can do as the violation is for the construction, as opposed to simply maintaining, of an unpermitted structure.
      Also, what if at the time the structure was built there were not abatement provisions, but some were enacted thereafter. Could those be enforced? Could, after the fact, a county, for instance, determine that the property was nonconforming based upon newer code provisions not existing at the time, and thereby deny any further permits?
      Any thoughts?

Steve

Stephen Whitehouse
Whitehouse & Nichols, LLP
P.O. Box 1273
601 W. Railroad Ave.
Shelton, Wa. 98584
swhite8893 at aol.com<mailto:swhite8893 at aol.com>
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