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

[Mark Anderson]

Concur – thanks.

Mark B. Anderson
ANDERSON LAW FIRM PLLC
821 Dock St  Ste 209  PMB 4-12
Tacoma, Washington 98402
+1 253-327-1750
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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Brent Williams-Ruth
Sent: 02/21/2025 8:27 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Relationship of Code Enforcement to Private Cause of Action

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

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On Fri, Feb 21, 2025 at 7:40 AM Craig Gourley <craig at glgmail.com<mailto: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<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com<mailto: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<mailto: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<mailto:eric at sayrelawoffices.com>

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 Mark Anderson
Sent: Thursday, February 20, 2025 3:42 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto: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<mailto:marka at mbaesq.com>
www.mbaesq.com<http://www.mbaesq.com/>
CONFIDENTIALITY NOTICE
This transmission is confidential and is intended solely for the use of the individual named recipient. It may be protected by the attorney-client privilege, work product doctrine, or other confidentiality protection. If you are not the intended recipient, or the person responsible to deliver it to the intended recipient, be advised that any dissemination, distribution, or copying of this communication is prohibited. If you have received this transmission in error, please immediately notify the sender via e-mail or by telephone at (253) 327-1750 that you have received the message in error, and then delete it. Thank you.

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