[WSBARP] course of action for neighbor's code violations

Tom Ashton Tashton at tomashtonlaw.com
Wed Jun 21 16:15:37 PDT 2023


What County? Call them out.

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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> on behalf of Craig Gourley <craig at glgmail.com>
Sent: Wednesday, June 21, 2023 4:03:11 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] course of action for neighbor's code violations


County refuses to respond to my calls, e mails or letters.  Even wrote the prosecuting attorney that handles planning and no response. We have exhausted everything short of litigation as far as I can tell.  Been considering a writ of mandamus against the county but I don’t think the client can afford to fight city hall. Client is unhappy because County forced them to tear down a shed the County stated “ might” be used as a dwelling yet won’t do anything about one that “is” being used as  a dwelling.  Life ain’t fair I tell ya.



From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of scott scottgthomaslaw.com
Sent: Wednesday, June 21, 2023 3:42 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] course of action for neighbor's code violations



I think I would want to know why the county is not enforcing the code; a phone call should hopefully do the trick.  And be aware that the legislature passed several bills that will go into effect shortly that will make it easier to permit ADU's.

On 06/21/2023 1:53 PM PDT Craig Gourley <craig at glgmail.com<mailto:craig at glgmail.com>> wrote:





Good thought but no. These not part in a development



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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 Britt, Christopher <christopher at lucentlaw.com<mailto:christopher at lucentlaw.com>>
Sent: Wednesday, June 21, 2023 11:57:31 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] course of action for neighbor's code violations



No CCRs or deed restrictions?



On Wed, Jun 21, 2023, 12:29 PM Craig Gourley <craig at glgmail.com<mailto:craig at glgmail.com>> wrote:

Listmates,   I am sure that this is not a novel matter but it not one I have ever had to research.   What cause of action ( if any) does a property owner have for a neighbor’s code violations?  Facts in this case are neighbor was building an apartment over the detached garage.  Client complained to the County.  County stopped construction. Neighbor changed the permit to “ recreation area with heated storage” .  Of course it is now being used as a rental unit.  County refuses to get involved.  Any thoughts?  Thanks, Craig



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