[WSBARP] Relationship of Code Enforcement to Private Cause of Action

[Brent Williams-Ruth]

I talked with a friend and colleague who works in this space.....to prevail
on a private cause of action there must be damage to them/their property.
Is this causing water run off? Quiet enjoyment? A violation of building
code that does not damage the person is not actionable.

*Brent Williams-Ruth* (pronouns: he/him)
*Attorney-At-Law*

*Law Offices of Brent Williams-Ruth, **a division of BWR Consulting, PLLC*

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On Fri, Feb 21, 2025 at 7:40 AM Craig Gourley <craig at glgmail.com> wrote:

> We looked at this a while back and my recollection was that to establish a
> private cause of action you needed to establish that the code was designed
> to afford protection to the specific individual and not the public at
> large.   Client did not pursue the matter so I don’t have any written
> research or memo just a general recollection.
>
>
>
> *From:* wsbarp-bounces at lists.wsbarppt.com <
> wsbarp-bounces at lists.wsbarppt.com> *On Behalf Of *Eric Nelsen
> *Sent:* Thursday, February 20, 2025 4:30 PM
> *To:* WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
> *Subject:* Re: [WSBARP] Relationship of Code Enforcement to Private Cause
> of Action
>
>
>
> I’m pretty sure the building code doesn’t. I think Bob’s structure on his
> own property has to be shown to be a nuisance or some other hazard
> affecting John’s property or quiet enjoyment thereof.
>
> I’m betting also there is case law that says that violation of a building
> code is not a per se nuisance, and maybe no even evidence supporting a
> finding of nuisance. Need more concrete evidence of the actual way that is
> causes a nuisance.
>
> Sincerely,
>
>
>
> Eric
>
>
>
> Eric C. Nelsen
>
> Sayre Law Offices, PLLC
>
> 1417 31st Ave South
>
> Seattle WA 98144-3909
>
> 206-625-0092
>
> eric at sayrelawoffices.com
>
>
>
> *From:* wsbarp-bounces at lists.wsbarppt.com <
> wsbarp-bounces at lists.wsbarppt.com> *On Behalf Of *Mark Anderson
> *Sent:* Thursday, February 20, 2025 3:42 PM
> *To:* WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
> *Subject:* [WSBARP] Relationship of Code Enforcement to Private Cause of
> Action
>
>
>
> John does not like his neighbor Bob nor does he like an unpermitted
> structure on Bob’s property.  John files complaint with King County Code
> Enforcement regarding the structure.  KC says there is a violation because
> the structure was built without a permit.  John sues Bob based, in part, on
> the erection of the structure.
>
> Does violation of the King County Building Code give rise to a private
> cause of action by John against Bob?
>
>
> *Mark B. Anderson *ANDERSON LAW FIRM PLLC
> 821 Dock St  Ste 209  PMB 4-12
> Tacoma, Washington 98402
> +1 253-327-1750
> +1 253-327-1751 (fax)
> marka at mbaesq.com
> www.mbaesq.com
>
>
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