[WSBARP] Nuisance Action - RCW 7.48

[Jennifer L White]

Jeff,
For someone that unstable, defiant and anti-social, better send the SWAT team - one civil standby not enough. OR the water district could fill the meter box with concrete. He won't be hooking that back up! (That would be the Hobart solution) They can always dig it up later with a backhoe and put in a new one when they come to fix the broken line.

I did office share years ago with an attorney that used that statute (plus the HOA CC&R's) to gain access to a condo that was so stinky all the neighbors on the same floor could smell it from their own units. The woman was mental....kept ducking service....finally got her served by the process server bringing his daughter with him under the guise she was selling cookies and she opened the door. Craziest thing was she was a night security guard at Boeing. The cops stood by and the association cleared out all of rotting food, loads of garbage and pet excrement. Hoarder situation and her family said it was not the first time. The hard part on the petition was quantifying "stink" for the court. The attorney had the neighbors and association personnel sign declarations, but the best was the fire department who came and then signed declarations about how awful it smelled. Now I'm told there is some kind of a device to actually measure bad smells.

Jennifer L. White, Esq.
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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 2:46 PM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Nuisance Action - RCW 7.48

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<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com<mailto: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<mailto: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.
[cid:image003.jpg at 01D72641.E46457B0]

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<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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