[WSBARP] Storage of Personal Property: conflict of law issue?

Mon Apr 18 13:53:45 PDT 2022

Contact the City Attorney and try to get the code enforcement officer to back off.  The way I explained it before to my local code enforcement officer, my "state statute trumps your local ordinance."

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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Brian Andrews
Sent: Monday, April 18, 2022 1:29 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Storage of Personal Property: conflict of law issue?

Good afternoon,

Sheriff executed a writ of restitution several weeks ago. Tenant declined to sign any request for storage of personal property and told Client and Sheriff that she didn't want any of it. PP was tarped and placed on the nearest public property, adjacent to the street. It has sat there since, until City Code Enforcement reached out to me to tell me that my client needs to move it. The Code Officer agrees that the language of RCW 59.18.312 clearly says that the personal property shall be moved to the nearest public property and may not be stored by the landlord. She agrees that the statute does not attach responsibility for the PP to landlord.

Nonetheless, she says that LL is still in violation of several local ordinances, while admitting that these are in apparent conflict with RCW 59.18.312.

I am wondering what you would do in this situation. Has anyone dealt with an analogous issue? I attempted to explain to the Code Officer that landlords can face liability for improper disposal of personal property, and at the least the City's position purports to require my client to jump through onerous procedural hoops which Tenant explicitly declined to avail herself of, and despite the clear language of the RCW.

Here is the text of RCW 59.18.312:

RCW 59.18.312<https://nam12.safelinks.protection.outlook.com/?url=http%3A%2F%2Fapp.leg.wa.gov%2FRCW%2Fdefault.aspx%3Fcite%3D59.18.312&data=05%7C01%7C%7C26ffa0b47f1a433cedf708da217aaeb0%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C637859108057504641%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=R96ODbZi33XZkHd%2BAe74XkHz9guPxepdiOTHQZy%2F90E%3D&reserved=0>
Writ of restitution-Storage and sale of tenant's property-Use of proceeds from sale-Service by sheriff, form.
(1) A landlord shall, upon the execution of a writ of restitution by the sheriff, enter and take possession of any property of the tenant found on the premises. The landlord may store the property in any reasonably secure place, including the premises, and sell or dispose of the property as provided under subsection (3) of this section. The landlord must store the property if the tenant serves a written request to do so on the landlord or the landlord's representative by any of the methods described in RCW 59.18.365<https://nam12.safelinks.protection.outlook.com/?url=http%3A%2F%2Fapp.leg.wa.gov%2FRCW%2Fdefault.aspx%3Fcite%3D59.18.365&data=05%7C01%7C%7C26ffa0b47f1a433cedf708da217aaeb0%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C637859108057504641%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=5%2FXoCg7FYRg4iqUMKrKhO1OipjX3HxhI3dAwIbCMH54%3D&reserved=0> no later than three days after service of the writ. A landlord may elect to store the property without such a request unless the tenant or the tenant's representative objects to the storage of the property. If the tenant or the tenant's representative objects to the storage of the property or the landlord elects not to store the property because the tenant has not served a written request on the landlord to do so, the property shall be deposited upon the nearest public property and may not be stored by the landlord. If the landlord knows that the tenant is a person with a disability as defined in RCW 49.60.040<https://nam12.safelinks.protection.outlook.com/?url=http%3A%2F%2Fapp.leg.wa.gov%2FRCW%2Fdefault.aspx%3Fcite%3D49.60.040&data=05%7C01%7C%7C26ffa0b47f1a433cedf708da217aaeb0%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C637859108057504641%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=FQWb4803e06Uc9KM0lJTXfYSWs7EfuQRX5kXbOHJZ5c%3D&reserved=0> (as amended by chapter 317, Laws of 2007) and the disability impairs or prevents the tenant or the tenant's representative from making a written request for storage, it must be presumed that the tenant has requested the storage of the property as provided in this section unless the tenant objects in writing.

Code Enforcement alleges that my client is in violation of the following statutes (highlights provided by the officer). Apart from the COL issue, I think that the ordinances are to be distinguished from the facts.

But my client doesn't want an expensive fight either, of course.

8.05.030 Types of nuisances.
In addition to the places, acts and omissions defined as a public nuisance by Chapter 9.66<https://nam12.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.codepublishing.com%2Fcgi-bin%2Frcw.pl%3Fcite%3D9.66&data=05%7C01%7C%7C26ffa0b47f1a433cedf708da217aaeb0%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C637859108057660246%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=p%2B%2Bhzp3kgw1u6ftd%2FD%2Bh3aoOMDL4T%2BiapkI3jDGomig%3D&reserved=0> RCW, each of the following places, conditions or things is declared to constitute a public nuisance, and whenever the enforcement officer determines that any of these conditions exist upon any premises, the officer may require or provide for the abatement thereof pursuant to this chapter:

B. The existence of any junk, litter or refuse within the city which is harmful to the surrounding neighborhood or the use of property in the surrounding neighborhood, unless such materials are kept or stored in an orderly and sightly manner and so as not to create a fire, safety, health or sanitary hazard;

C. The depositing, leaving or throwing away of any junk, litter or refuse within the city for an unreasonable length of time beyond what is necessary for proper disposal, which length of time shall be not less than thirty days, except at the city landfill or in covered containers or receptacles acceptable to the enforcement officer of the city;

9.13.020 Littering.
It is unlawful for any person to wilfully or negligently throw from any vehicle, or to place or deposit upon or along any street or alley, upon public or private property, excepting containers provided therefor, any debris, paper, litter, glass bottle, glass, can, nail, tack, wire, trash or garbage, lighted materials, or other waste substance. Littering is a misdemeanor. (Ord. 94-34 § 1(part), 1994).

9.18.030 Storage of personal property in public places.
A. It shall be unlawful for any person to store personal property, including, but not limited to, camp facilities and camp paraphernalia, in the following areas:
1. Any street, roadway, alley, or public right-of-way that is used or designed for use by motor vehicles;
2. Any multi-use path or trail;
3. Any parking lot or other public property, improved or unimproved;
4. Any planting strip, street median, street median strip, street median island, traffic island, roundabout island, pedestrian refuge island or median, or other area or device that is used or designed to separate streets or roadways from sidewalks, control intersections, or otherwise calm or direct the travel of motor vehicles;
5. Any park, except in camping areas designated in accordance with Section 9.18.050<https://nam12.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.codepublishing.com%2FWA%2FWallaWalla%2F%23!%2FWallaWalla09%2FWallaWalla0918.html%239.18.050&data=05%7C01%7C%7C26ffa0b47f1a433cedf708da217aaeb0%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C637859108057660246%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=7mGgsN5dOpatPAmVLwkMmE8U8wFTgM5RF3Zc2axDns4%3D&reserved=0>; and
6. Any public property, except in camping areas designated in accordance with Section 9.18.060<https://nam12.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.codepublishing.com%2FWA%2FWallaWalla%2F%23!%2FWallaWalla09%2FWallaWalla0918.html%239.18.060&data=05%7C01%7C%7C26ffa0b47f1a433cedf708da217aaeb0%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C637859108057660246%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=HBf61gdu2bTM85lzBmS5IdaPjAI4C0yDIBnNHOaKk%2Fs%3D&reserved=0>.

Brian H. Andrews, Attorney at Law
brian at hawklaw.biz<mailto:brian at hawklaw.biz>
Hawkins Law, PLLC
Phone 509-529-5175 / Fax 509-529-2564
2225 Isaacs, Suite A/ Walla Walla, WA 99362

Visit our website at hawklaw.biz<https://nam12.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.hawklaw.biz%2F&data=05%7C01%7C%7C26ffa0b47f1a433cedf708da217aaeb0%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C637859108057660246%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=LbNQhWAQUxwWzfZEOaMyOR4Tmp%2F%2BzLQ4sqNa7xGD6Mg%3D&reserved=0>.

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