Workshop: Nuisance Property Laws


A workshop was held early 2006 to educate neighbors on the use of Nuisance Property Laws, one neighbohood took action, see their results/notes below.


THE LAW: Under Washington state law (RCW 7.48.120 and RCW 7.48.210), individuals may file a claim in small claims court against owners of nuisance properties. Claims are limited to $4000 for each individual, but each individual in a neighborhood may file a claim, creating an effective means for targeting nuisance properties. RCW 7.48.120 (Nuisance Defined): Nuisance consists in unlawfully doing an act, or omitting to perform a duty, which act or omission either annoys, injures or endangers the comfort, repose, health or safety of others, offends decency, or unlawfully interferes with, obstructs or tends to obstruct, or render dangerous for passage, any lake or navigable river, bay, stream, canal or basin, or any public park, square, street or highway; or in any way renders other persons insecure in life, or in the use of property.
RCW 7.48.210 (Civil Action, who may maintain): A private person may maintain a civil action for a public nuisance, if it is specially injurious to himself but not otherwise.

NUISANCE PROPERTY LAWS and HOUSE X.
House “X”--On May 10, 2006, neighbors and members of a Block Watch group met with the owner of a property in their neighborhood that had been the source of long-running nuisance activity, including drug dealing. The activity had resulted in frequent visits to the neighborhood by prostitutes and individuals with known criminal records over a several year period, and had become an increasing source of frustration, concern and anger throughout the neighborhood.
The meeting was mediated by Ed McKenna of the Seattle City Attorney's Office at the North Precinct of the SPD, and was the culmination of a carefully organized nuisance property process that included detailed documentation of the nuisance activity in a secure online forum, a GAIN nuisance property workshop, highly active block watch meetings and, finally, a sharply worded letter delivered to the property owner by the Seattle Police Department.

Relying on Washington state nuisance property laws, the letter threatened legal action against the property owner that could potentially result in a combined judgment against the owner in excess of $100,000 unless the nuisance activity was permanently ended. It was signed by more than 40 neighbors.

The result of the meeting was a Neighborhood Agreement, signed by the property owner and neighbors. Neighbors are generally confident the agreement will be effective in ending the nuisance activity once and for all.

The success of this nuisance property action was only possible because of the broad commitment of the neighborhood, Scott McGlashan of the SPD, and Ed McKenna and Tuere Sala of the Seattle City Attorney's Office to finding a solution.