[WSBARP] Common Enemy issue (maybe)

[Scott Thomas]

Seattle Municipal Code 22.808.070 - Public Nuisance

 

A.  Abatement Required. A public nuisance  affecting drainage water,
drainage, erosion control, grading and other public nuisances set forth in
this subsection are violations of this subtitle. A responsible party shall
immediately abate a public nuisance upon becoming aware of its existence.

 

 

From: wsbarp-bounces at lists.wsbarppt.com
[mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of James Jackson
Sent: Friday, September 15, 2017 12:52 PM
To: wsbarp at lists.wsbarppt.com
Subject: [WSBARP] Common Enemy issue (maybe)

 

Client owns a home on a corner lot in north Seattle.

 

Seattle DOT repaved the roadway, and installed a traffic control island at
the intersection.  Raised the intersection about two feet.

As a result, rainwater collects at the corner (right of way) , and is does
not drain in any direction based on the topography.  Puddles up to 40 feet
wide will accumulate, and sit for days/weeks until they are finally
absorbed.

 

Water does not flood onto the client's property, but rises to about six
inches in the right of way.  He actually has to put on rain boots to get to
his car and mailbox.  

 

He has contacted the DOT, which has done nothing but send inspectors over to
scratch their heads.

 

Winter is coming.

 

Is there a cause of action?  I've done some research, but I haven't seen
anything were the water doesn't flood the plaintiff's property.

 

 

James A. Jackson

Simburg Ketter Sheppard & Purdy, LLP

999 Third Ave., #2525

Seattle, WA 98104

T: (206) 382-2600

F: (206) 223-3929

 

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