[WSBARP] Length of Time Tenant's belongings must stay on public right of way

Thu Mar 17 14:26:35 PDT 2022

Paul's solution is probably the best, if you can reach that type of
agreement.  The property moved to the curb belongs to the former tenant, and
at some point in time will be regarded as abandoned by the tenant.  There
may be a good definition of abandoned property in the common law in this
context, but if there is, I am unaware of it.  So what some cities or
counties will do is to define property left in the public ROW as being
abandoned after a certain period of time, which typically varies from 24 to
48 hours.  See, Kitsap County code Sec. 9.56.090 (24 hours); Lewis County
Code Sec. 1.22.040 (24 hours); Tacoma Municipal Code Sec. 8.30.055 (48
hours).  After the allotted time, the property is deemed abandoned and a
public nuisance, and the abutting property owner may be ordered to abate the
nuisance.  

What I think usually happens is that the city or county picks up the trash,
as Paul suggests, and no effort is made to charge the abutting owner.

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com>
On Behalf Of Paul Neumiller
Sent: Thursday, March 17, 2022 1:20 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Length of Time Tenant's belongings must stay on public
right of way

Whoa. Then what happens after 24 hours?  Whose code violation?  Chapter
59.18 authorizes the LL to move the evicted tenants personal possessions to
"the nearest public place."  It does not give a time limit.  I do not think
the LL has the authority to move the stuff after 24 hours.  The stuff
belongs to the T.  It's in the public street.  What do you advise your
clients?  Are you telling them to then dumpster everything or to store it?
Or is there a third option?

OK, so I had this argument with the Island County Sheriff and the Public
Works-Road Division.  They said they would arrest my client for littering
and illegal disposal of garbage when my client starting moving the T's
possessions to the street (but outside of the fog line) after an eviction.
They quoted the County Ordinances to me.  I quoted the state statute to
them.  They questioned if the street was the "nearest public place" until I
asked them to speak to their supervisor and ask if they wanted my client to
move the tenant's stuff to the Sheriff's office front steps or the City
Hall's front steps (I never heard back).  I now have a tacit agreement that
when a client obtains a writ and a lock out date, we inform the Public
Works-Road Division and they come out two or three days after the lock out
date and clean everything up and off the street.  

I had the same argument with the code enforcer for the City of Oak Harbor.
Same threats, same arguments.  But Oak Harbor took more than three weeks to
clean up the sidewalk (it was within the city limits).

What are you guys advising your clients and what push back have you had?
What do you think the LL is supposed to do after 24 hours, if anything?

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 Kaitlyn Jackson
Sent: Wednesday, March 16, 2022 1:01 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com
<mailto:wsbarp at lists.wsbarppt.com> >
Subject: Re: [WSBARP] Length of Time Tenant's belongings must stay on public
right of way

24 hours is my understanding. It usually becomes a code violation after
that. 

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On Thu, Feb 17, 2022 at 4:05 PM <Jeff at bellanddavispllc.com
<mailto:Jeff at bellanddavispllc.com> > wrote:

Listmates:

Sheriff executed on the writ of restitution; clients, the Landlords, put
tenant's personal property on the nearest right of way.  Question, how long
must that stuff stay there?  

Jeff Davis.

W. Jeff Davis

BELL & DAVIS PLLC
P.O. Box 510

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