[WSBARP] Standing to enforce

[Mark McClure]

Would the Administrative Procedures Act, RCW 34.05 be applicable?  If so,
see RCW 34.05.582 regarding compelling an agency to act..


RCW 34.05.582 <http://app.leg.wa.gov/RCW/default.aspx?cite=34.05.582>Petition
by others for enforcement.

(1) Any person who would qualify under this chapter as having standing to
obtain judicial review of an agency's failure to enforce an order directed
to another person may file a petition for civil enforcement of that order,
but the action may not be commenced:

(a) Until at least sixty days after the petitioner has given notice of the
alleged violation and of the petitioner's intent to seek civil enforcement
to the head of the agency concerned, to the attorney general, and to each
person against whom the petitioner seeks civil enforcement;

(b) If the agency has filed and is diligently prosecuting a petition for
civil enforcement of the same order against the same person; or

(c) If a petition for review of the same order has been filed and a stay is
in effect.

(2) The petition shall name, as respondents, the agency whose order is
sought to be enforced and each person against whom the petitioner seeks
civil enforcement.

(3) The agency whose order is sought to be enforced may move to dismiss the
petition on the grounds that it fails to qualify under this section or that
the enforcement would be contrary to the policy of the agency. The court
shall grant the motion to dismiss the petition unless the petitioner
demonstrates that (a) the petition qualifies under this section and (b) the
agency's failure to enforce its order is based on an exercise of discretion
that is arbitrary or capricious.

(4) Except to the extent expressly authorized by law, a petition for civil
enforcement may not request, and the court may not grant, any monetary
payment apart from taxable costs.







*Mark C. McClure* *| *
*Managing Attorney *Law Office of Mark McClure, PS

*"Why Retire With Debt?"*1103 West Meeker Street, #101
Kent, WA 98032

Office:  253.631.6484 (Leave Msg - Will be returned within 24 hours)
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*From:* wsbarp-bounces at lists.wsbarppt.com [mailto:
wsbarp-bounces at lists.wsbarppt.com] *On Behalf Of *Craig Gourley
*Sent:* Monday, October 2, 2023 2:07 PM
*To:* WSBA Real Property Listserv
*Subject:* [WSBARP] Standing to enforce



Listmates,    Does anyone know if a property owner has standing to enforce
setback requirements.  Neighbor builds a garage within 2 feet of the
property line in an area requiring a 5 foot setback.  County refuses to do
anything .  Any private cause of action for a  code violation?   Thanks in
advance!  Craig





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