[WSBARP] Nuisance Action - RCW 7.48

[Jeff at bellanddavispllc.com]

Thanks Jennifer, 

 

The Water District has shut off the service several times and he just hooks
it back up; have an injunction against him to stop him from re-hooking, but
he just continues turning the service.

 

Jeff

 

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com>
On Behalf Of Jennifer L White
Sent: Wednesday, March 31, 2021 2:41 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Nuisance Action - RCW 7.48

 

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.                              



 

 <mailto:jen at appletreelaw.com> jen at appletreelaw.com

PO Box 11037

Yakima, WA 98909

509.225.9813

 

From: wsbarp-bounces at lists.wsbarppt.com
<mailto:wsbarp-bounces at lists.wsbarppt.com>
<wsbarp-bounces at lists.wsbarppt.com
<mailto:wsbarp-bounces at lists.wsbarppt.com> > On Behalf Of
Jeff at bellanddavispllc.com <mailto:Jeff at bellanddavispllc.com> 
Sent: Wednesday, March 31, 2021 1:58 PM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com
<mailto: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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