[WSBARP] Nuisance Action - RCW 7.48

[Jennifer L White]

Geez - an angry nut with a gun. Wouldn't it be safer for everyone for the water district to simply shut off the water from the street and lock out the meter? Typically the homeowner is responsible from meter to his house and the shut off doesn't require entering his property.  Let the guy figure out how to get it fixed and at his expense. There's got to be some emergency authority for the water district to turn it off? Seems that 100,000 gallons a month would more than qualify. Just my .02

Jennifer L. White, Esq.
[cid:image001.jpg at 01D7263B.5DDD2920]

jen at appletreelaw.com<mailto:jen at appletreelaw.com>
PO Box 11037
Yakima, WA 98909
509.225.9813

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Jeff at bellanddavispllc.com
Sent: Wednesday, March 31, 2021 1:58 PM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Nuisance Action - RCW 7.48

Listmates:

A mentally "off" HOA member refuses to fix a broken water line to his house.   The monthly water loss is over 100,000 gallons.  He has guns and threatens anyone coming to his property.  The sheriff is aware of this and has been trying to arrest him on outstanding warrants but can't catch him out of his house.  The water district, servicing the house, is willing to go onto his property to fix the leak.  The broken pipe is not a water district pipe.

I am thinking of going under RCW 7.48 and obtain a TRO allowing the water district to access the property, with the sheriff on stand-by, to fix the leak.  Have any of you used this statute?

Jeff
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