title: RCW 35.63.010

text:
As used in this chapter the following terms shall have the meaning herein given them:
"Appointive members" means all members of a commission other than ex officio members;
"Board" means the board of county commissioners;
"City" includes every incorporated city and town;
"Commission" means a city or county planning commission;
"Council" means the chief legislative body of a city;
"Ex officio members" means the members of a commission chosen from among city or county officials;
"Highways" include streets, roads, boulevards, lanes, alleys, viaducts and other traveled ways;
"Mayor" means the chief executive of a city;
"Municipality" includes every county and city.
[ 1965 c 7 s 35.63.010. Prior: 1935 c 44 s 1; RRS s 9322-1.]

catchline: Definitions.


doc_type: statute

jurisdiction: wa

title: RCW 35.63.015

text:
As used in this chapter, "solar energy system" means any device or combination of devices or elements which rely upon direct sunlight as an energy source, including but not limited to any substance or device which collects sunlight for use in:
(1) The heating or cooling of a structure or building;
(2) The heating or pumping of water;
(3) Industrial, commercial, or agricultural processes; or
(4) The generation of electricity.
A solar energy system may be used for purposes in addition to the collection of solar energy. These uses include, but are not limited to, serving as a structural member or part of a roof of a building or structure and serving as a window or wall.
[ 1979 ex.s. c 170 s 2.]
Notes:
Severability—1979 ex.s. c 170: See note following RCW 64.04.140.
Local governments authorized to encourage and protect solar energy systems: RCW 64.04.140.

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: "Solar energy system" defined.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 35.63.020

text:
If any council or board desires to avail itself of the powers conferred by this chapter it shall create a city or county planning commission consisting of from three to twelve members to be appointed by the mayor or chair of the municipality and confirmed by the council or board: PROVIDED, That in cities of the first class having a commission form of government consisting of three or more members, the commissioner of public works shall appoint the planning commission, which appointment shall be confirmed by a majority of the city commissioners. Cities of the first class operating under self-government charters may extend the membership and the duties and powers of its commission beyond those prescribed in this chapter.
[ 2009 c 549 s 2113; 1965 c 7 s 35.63.020. Prior: (i) 1935 c 44 s 2, part; RRS s 9322-2, part. (ii) 1935 c 44 s 12; RRS s 9322-12.]

catchline: Commissioners—Manner of appointment.


title: RCW 35.63.030

text:
The ordinance, resolution, or act creating the commission shall set forth the number of members to be appointed, not more than one-third of which number may be ex officio members by virtue of office held in any municipality. The term of office for ex officio members shall correspond to their respective tenures. The term of office for the first appointive members appointed to such commission shall be designated from one to six years in such manner as to provide that the fewest possible terms will expire in any one year. Thereafter the term of office for each appointive member shall be either four or six years, as determined by legislative action of the council.
Vacancies occurring otherwise than through the expiration of terms shall be filled for the unexpired term. Members may be removed, after public hearing, by the appointing official, with the approval of his or her council or board, for inefficiency, neglect of duty, or malfeasance in office.
The members shall be selected without respect to political affiliations and they shall serve without compensation.
[ 2011 c 59 s 1; 2009 c 549 s 2114; 1965 c 7 s 35.63.030. Prior: 1935 c 44 s 2, part; RRS s 9322-2, part.]


title: RCW 35.63.040

text:
The commission shall elect its own chair and create and fill such other offices as it may determine it requires. The commission shall hold at least one regular meeting in each month for not less than nine months in each year. It shall adopt rules for transaction of business and shall keep a written record of its meetings, resolutions, transactions, findings and determinations which record shall be a public record.
[ 2009 c 549 s 2115; 1965 c 7 s 35.63.040. Prior: 1935 c 44 s 3; RRS s 9322-3.]

catchline: Commissions—Organization—Meeting—Rules.


title: RCW 35.63.050

text:
The expenditures of any commission or regional commission authorized and established under this chapter, exclusive of gifts, shall be within the amounts appropriated for the purpose by the council or board. Within such limits, any commission may employ such employees and expert consultants as are deemed necessary for its work.
[ 1965 c 7 s 35.63.050. Prior: 1935 c 44 s 4; RRS s 9322-4.]

catchline: Expenditures.


title: RCW 35.63.060

text:
The commission may act as the research and fact-finding agency of the municipality. To that end it may make such surveys, analyses, researches and reports as are generally authorized or requested by its council or board, or by the state with the approval of its council or board. The commission, upon such request or authority may also:
(1) Make inquiries, investigations, and surveys concerning the resources of the county, including but not limited to the potential for solar energy development and alternative means to encourage and protect access to direct sunlight for solar energy systems;
(2) Assemble and analyze the data thus obtained and formulate plans for the conservation of such resources and the systematic utilization and development thereof;
(3) Make recommendations from time to time as to the best methods of such conservation, utilization, and development;
(4) Cooperate with other commissions and with other public agencies of the municipality, state and United States in such planning, conservation, and development; and
(5) In particular cooperate with and aid the state within its territorial limits in the preparation of the state master plan provided for in RCW 43.21A.350 and in advance planning of public works programs.
In carrying out its powers and duties, the commission should demonstrate how land use planning is integrated with transportation planning.
[ 2002 c 189 s 1; 1988 c 127 s 1; 1979 ex.s. c 170 s 3; 1965 c 7 s 35.63.060. Prior: 1935 c 44 s 10; RRS s 9322-10.]
Notes:
Severability—1979 ex.s. c 170: See note following RCW 64.04.140.

catchline: Powers of commissions.


title: RCW 35.63.065

text:
Any notice made under chapter 35.63 RCW that identifies affected property may identify this affected property without using a legal description of the property including, but not limited to, identification by an address, written description, vicinity sketch, or other reasonable means.
[ 1988 c 168 s 9.]

catchline: Public notice—Identification of affected property.


title: RCW 35.63.070

text:
The commissions of two or more adjoining counties, of two or more adjacent cities and towns, of one or more cities and towns and/or one or more counties, together with the boards of such counties and the councils of such cities and towns may cooperate to form, organize and administer a regional planning commission for the making of a regional plan for the region defined as may be agreed upon by the commissions, boards and councils. The regional commission when requested by the commissions of its region, may further perform any of the other duties for its region that are specified in RCW 35.63.060 for city and county commissions. The number of members of a regional commission, their method of appointment and the proportion of the cost of regional planning, surveys and studies to be borne respectively by the various counties and cities in the region, shall be such as may be agreed upon by commissions, boards and councils.
Any regional planning commission, or the councils or boards respectively of any city, town, or county, are authorized to receive grants-in-aid from the government of the United States or of any of its agencies, and are authorized to enter into any reasonable agreement with any department or agency of the government of the United States to arrange for the receipt of federal funds for planning in the interest of furthering the planning program.
[ 1965 c 7 s 35.63.070. Prior: 1957 c 130 s 1; 1935 c 44 s 11; RRS s 9322-11.]
Notes:
Commission as employer for retirement system purposes: RCW 41.40.010.


title: RCW 35.63.080

text:
(1) The council or board may provide for the preparation by its commission and the adoption and enforcement of coordinated plans for the physical development of the municipality. For this purpose the council or board, in such measure as is deemed reasonably necessary or requisite in the interest of health, safety, morals, and the general welfare, upon recommendation by its commission, by general ordinances of the city or general resolution of the board, may:
(a) Regulate and restrict:
(i) The location and the use of buildings, structures, and land for residence, trade, industrial, and other purposes;
(ii) The height, number of stories, size, construction, and design of buildings and other structures;
(iii) The size of yards, courts, and other open spaces on the lot or tract;
(iv) The density of population;
(v) The setback of buildings along highways, parks, or public water frontages; and
(vi) The subdivision and development of land;
(b) Eliminate the minimum gross floor area requirements for single-family detached dwellings or reduce the requirements below the minimum performance standards and objectives contained in the state building code; and
(c) Encourage and protect access to direct sunlight for solar energy systems.
(2) The council of a city where ordinances adopted in accordance with this section are in effect may, on the recommendation of its commission, provide for the appointment of a board of adjustment to make, in appropriate cases and subject to appropriate conditions and safeguards established by ordinance, special exceptions in harmony with the general purposes and intent and in accordance with general or specific rules therein contained.
[ 2018 c 302 s 3; 1979 ex.s. c 170 s 4; 1965 c 7 s 35.63.080. Prior: 1935 c 44 s 5; RRS s 9322-5.]
Notes:
Severability—1979 ex.s. c 170: See note following RCW 64.04.140.

catchline: Restrictions on buildings—Use of land.


title: RCW 35.63.090

text:
All regulations shall be worked out as parts of a comprehensive plan which each commission shall prepare for the physical and other generally advantageous development of the municipality and shall be designed, among other things, to encourage the most appropriate use of land throughout the municipality; to lessen traffic congestion and accidents; to secure safety from fire; to provide adequate light and air; to prevent overcrowding of land; to avoid undue concentration of population; to promote a coordinated development of the unbuilt areas; to encourage the formation of neighborhood or community units; to secure an appropriate allotment of land area in new developments for all the requirements of community life; to conserve and restore natural beauty and other natural resources; to encourage and protect access to direct sunlight for solar energy systems; and to facilitate the adequate provision of transportation, water, sewerage and other public uses and requirements, including protection of the quality and quantity of groundwater used for public water supplies. Each plan shall include a review of drainage, flooding, and stormwater runoff in the area and nearby jurisdictions and provide guidance for corrective actions to mitigate or cleanse those discharges that pollute Puget Sound or waters entering Puget Sound.
[ 1985 c 126 s 1; 1984 c 253 s 1; 1979 ex.s. c 170 s 5; 1965 c 7 s 35.63.090. Prior: 1935 c 44 s 7; RRS s 9322-7.]
Notes:
Severability—1979 ex.s. c 170: See note following RCW 64.04.140.

catchline: Restrictions—Purposes of.


title: RCW 35.63.100

text:
The commission may recommend to its council or board the plan prepared by it as a whole, or may recommend parts of the plan by successive recommendations; the parts corresponding with geographic or political sections, division or subdivisions of the municipality, or with functional subdivisions of the subject matter of the plan, or in the case of counties, with suburban settlement or arterial highway area. It may also prepare and recommend any amendment or extension thereof or addition thereto.
Before the recommendation of the initial plan to the municipality the commission shall hold at least one public hearing thereon, giving notice of the time and place by one publication in a newspaper of general circulation in the municipality and in the official gazette, if any, of the municipality.
The council may adopt by resolution or ordinance and the board may adopt by resolution the plan recommended to it by the commission, or any part of the plan, as the comprehensive plan.
A true copy of the resolution of the board adopting or embodying such plan or any part thereof or any amendment thereto shall be certified by the clerk of the board and filed with the county auditor. A like certified copy of any map or plat referred to or adopted by the county resolution shall likewise be filed with the county auditor. The auditor shall record the resolution and keep on file the map or plat.
The original resolution or ordinance of the council adopting or embodying such plan or any part thereof or any amendment thereto shall be certified by the clerk of the city and filed by him or her. The original of any map or plat referred to or adopted by the resolution or ordinance of the council shall likewise be certified by the clerk of the city and filed by him or her. The clerk shall keep on file the resolution or ordinance and map or plat.
[ 2009 c 549 s 2116; 1967 ex.s. c 144 s 8; 1965 c 7 s 35.63.100. Prior: 1935 c 44 s 8; RRS s 9322-8.]
Notes:
Effective date—1967 ex.s. c 144: The effective date of 1967 ex.s. c 144 is July 30, 1967.
Severability—1967 ex.s. c 144: See note following RCW 36.900.030.
Validation—1967 ex.s. c 144: "Any city comprehensive plan and all amendments thereto which have been filed or recorded with the county auditor prior to the effective date of this 1967 amendatory act shall be valid and need not be refiled with the clerk of the city to remain valid and in full force and effect." [ 1967 ex.s. c 144 s 10.]

catchline: Restrictions—Recommendations of commission—Hearings—Adoption of comprehensive plan—Certifying—Filing or recording.


title: RCW 35.63.105

text:
All amendments to a comprehensive plan shall be adopted, certified, and recorded or filed in the same manner as authorized in RCW 35.63.100 for an initial comprehensive plan.
[ 1967 ex.s. c 144 s 9.]
Notes:
Severability—1967 ex.s. c 144: See note following RCW 36.900.030.
Validation—1967 ex.s. c 144: See note following RCW 35.63.100.

catchline: Amendments to comprehensive plan to be adopted, certified, and recorded or filed in accordance with RCW 35.63.100.


title: RCW 35.63.110

text:
For any or all of such purposes the council or board, on recommendation of its commission, may divide the municipality or any portion thereof into districts of such size, shape and area, or may establish such official maps, or development plans for the whole or any portion of the municipality as may be deemed best suited to carry out the purposes of this chapter and within such districts it may regulate and restrict the erection, construction, reconstruction, alteration, repair or use of buildings, structures or land.
[ 1965 c 7 s 35.63.110. Prior: 1935 c 44 s 6; RRS s 9322-6.]

catchline: Restrictive zones.


title: RCW 35.63.120

text:
Any ordinance or resolution adopting any such plan or regulations, or any part thereof, may be amended, supplemented or modified by subsequent ordinance or resolution.
Proposed amendments, supplementations, or modifications shall first be heard by the commission and the decision shall be made and reported by the commission within ninety days of the time that the proposed amendments, supplementations, or modifications were made.
The council or board, pursuant to public hearing called by them upon application therefor by any interested party or upon their own order, may affirm, modify or disaffirm any decision of the commission.
[ 1965 c 7 s 35.63.120. Prior: 1957 c 194 s 1; 1935 c 44 s 9; RRS s 9322-9.]

catchline: Supplemental restrictions—Hearing—Affirmance, disaffirmance, modification of commission's decision.


title: RCW 35.63.125

text:
Beginning July 1, 1992, the development regulations of each city and county that does not plan under RCW 36.70A.040 shall not be inconsistent with the city's or county's comprehensive plan. For the purposes of this section, "development regulations" has the same meaning as set forth in RCW 36.70A.030.
[ 1990 1st ex.s. c 17 s 22.]
Notes:
Severability—Part, section headings not law—1990 1st ex.s. c 17: See RCW 36.70A.900 and 36.70A.901.

catchline: Development regulations—Consistency with comprehensive plan.


title: RCW 35.63.126

text:
(1) By July 1, 2010, the development regulations of any jurisdiction:
(a) Adjacent to Interstate 5, Interstate 90, Interstate 405, or state route number 520, with a population over twenty thousand, and located in a county with a population over one million five hundred thousand; or
(b) Adjacent to Interstate 5 and located in a county with a population greater than six hundred thousand; or
(c) Adjacent to Interstate 5 and located in a county with a state capitol within its borders;
planning under this chapter must allow electric vehicle infrastructure as a use in all areas except those zoned for residential or resource use or critical areas. A jurisdiction may adopt and apply other development regulations that do not have the effect of precluding the siting of electric vehicle infrastructure in areas where that use is allowed.
(2) By July 1, 2011, or six months after the distribution required under RCW 43.31.970 occurs, whichever is later, the development regulations of any jurisdiction adjacent to Interstate 5, Interstate 90, Interstate 405, or state route number 520 planning under this chapter must allow electric vehicle infrastructure as a use in all areas except those zoned for residential or resource use or critical areas. A jurisdiction may adopt and apply other development regulations that do not have the effect of precluding the siting of electric vehicle infrastructure in areas where that use is allowed.
(3) By July 1, 2011, or six months after the distribution required under RCW 43.31.970 occurs, whichever is later, the development regulations of any jurisdiction planning under this chapter must allow battery charging stations as a use in all areas except those zoned for residential or resource use or critical areas. A jurisdiction may adopt and apply other development regulations that do not have the effect of precluding the siting of electric vehicle infrastructure in areas where that use is allowed.
(4) Cities are authorized to adopt incentive programs to encourage the retrofitting of existing structures with the electrical outlets capable of charging electric vehicles. Incentives may include bonus height, site coverage, floor area ratio, and transferable development rights for use in urban growth areas.
(5) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
(a) "Battery charging station" means an electrical component assembly or cluster of component assemblies designed specifically to charge batteries within electric vehicles, which meet or exceed any standards, codes, and regulations set forth by chapter 19.28 RCW and consistent with rules adopted under RCW 19.27.540.
(b) "Battery exchange station" means a fully automated facility that will enable an electric vehicle with a swappable battery to enter a drive lane and exchange the depleted battery with a fully charged battery through a fully automated process, which meets or exceeds any standards, codes, and regulations set forth by chapter 19.28 RCW and consistent with rules adopted under RCW 19.27.540.
(c) "Electric vehicle infrastructure" means structures, machinery, and equipment necessary and integral to support an electric vehicle, including battery charging stations, rapid charging stations, and battery exchange stations.
(d) "Rapid charging station" means an industrial grade electrical outlet that allows for faster recharging of electric vehicle batteries through higher power levels, which meets or exceeds any standards, codes, and regulations set forth by chapter 19.28 RCW and consistent with rules adopted under RCW 19.27.540.
(6) If federal funding for public investment in electric vehicles, electric vehicle infrastructure, or alternative fuel distribution infrastructure is not provided by February 1, 2010, subsection (1) of this section is null and void.
[ 2009 c 459 s 9.]
Notes:
Finding—Purpose—2009 c 459: See note following RCW 47.80.090.
Regional transportation planning organizations—Electric vehicle infrastructure: RCW 47.80.090.

catchline: Development regulations—Jurisdictions specified—Electric vehicle infrastructure—City retrofitting incentive programs.


title: RCW 35.63.127

text:
(1) By July 1, 2010, the development regulations of any jurisdiction with a population over six hundred thousand or with a state capitol within its borders planning under this chapter must allow electric vehicle infrastructure as a use in all areas within one mile of Interstate 5, Interstate 90, Interstate 405, or state route number 520, except those zoned for residential or resource use or critical areas. A jurisdiction may adopt and apply other development regulations that do not have the effect of precluding the siting of electric vehicle infrastructure in areas where that use is allowed.
(2) By July 1, 2011, or six months after the distribution required under RCW 43.31.970 occurs, whichever is later, the development regulations of any jurisdiction adjacent to Interstate 5, Interstate 90, Interstate 405, or state route number 520 planning under this chapter must allow electric vehicle infrastructure as a use in all areas except those zoned for residential or resource use or critical areas. A jurisdiction may adopt and apply other development regulations that do not have the effect of precluding the siting of electric vehicle infrastructure in areas where that use is allowed.
(3) By July 1, 2011, or six months after the distribution required under RCW 43.31.970 occurs, whichever is later, the development regulations of any jurisdiction planning under this chapter must allow battery charging stations as a use in all areas except those zoned for residential or resource use or critical areas. A jurisdiction may adopt and apply other development regulations that do not have the effect of precluding the siting of electric vehicle infrastructure in areas where that use is allowed.
(4) Counties are authorized to adopt incentive programs to encourage the retrofitting of existing structures with the electrical outlets capable of charging electric vehicles. Incentives may include bonus height, site coverage, floor area ratio, and transferable development rights for use in urban growth areas.
(5) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
(a) "Battery charging station" means an electrical component assembly or cluster of component assemblies designed specifically to charge batteries within electric vehicles, which meet or exceed any standards, codes, and regulations set forth by chapter 19.28 RCW and consistent with rules adopted under RCW 19.27.540.
(b) "Battery exchange station" means a fully automated facility that will enable an electric vehicle with a swappable battery to enter a drive lane and exchange the depleted battery with a fully charged battery through a fully automated process, which meets or exceeds any standards, codes, and regulations set forth by chapter 19.28 RCW and consistent with rules adopted under RCW 19.27.540.
(c) "Electric vehicle infrastructure" means structures, machinery, and equipment necessary and integral to support an electric vehicle, including battery charging stations, rapid charging stations, and battery exchange stations.
(d) "Rapid charging station" means an industrial grade electrical outlet that allows for faster recharging of electric vehicle batteries through higher power levels, which meets or exceeds any standards, codes, and regulations set forth by chapter 19.28 RCW and consistent with rules adopted under RCW 19.27.540.
(6) If federal funding for public investment in electric vehicles, electric vehicle infrastructure, or alternative fuel distribution infrastructure is not provided by February 1, 2010, subsection (1) of this section is null and void.
[ 2009 c 459 s 13.]
Notes:
Finding—Purpose—2009 c 459: See note following RCW 47.80.090.
Regional transportation planning organizations—Electric vehicle infrastructure: RCW 47.80.090.

catchline: Development regulations—Jurisdictions specified—Electric vehicle infrastructure—County retrofitting incentive programs.


title: RCW 35.63.130

text:
(1) As an alternative to those provisions of this chapter relating to powers or duties of the planning commission to hear and report on any proposal to amend a zoning ordinance, the legislative body of a city or county may adopt a hearing examiner system under which a hearing examiner or hearing examiners may hear and decide applications for amending the zoning ordinance when the amendment which is applied for is not of general applicability. In addition, the legislative body may vest in a hearing examiner the power to hear and decide those issues it believes should be reviewed and decided by a hearing examiner, including but not limited to:
(a) Applications for conditional uses, variances, subdivisions, shoreline permits, or any other class of applications for or pertaining to development of land or land use;
(b) Appeals of administrative decisions or determinations; and
(c) Appeals of administrative decisions or determinations pursuant to chapter 43.21C RCW.
The legislative body shall prescribe procedures to be followed by the hearing examiner.
(2) Each city or county legislative body electing to use a hearing examiner pursuant to this section shall by ordinance specify the legal effect of the decisions made by the examiner. The legal effect of such decisions may vary for the different classes of applications decided by the examiner but shall include one of the following:
(a) The decision may be given the effect of a recommendation to the legislative body;
(b) The decision may be given the effect of an administrative decision appealable within a specified time limit to the legislative body; or
(c) Except in the case of a rezone, the decision may be given the effect of a final decision of the legislative body.
(3) Each final decision of a hearing examiner shall be in writing and shall include findings and conclusions, based on the record, to support the decision. Such findings and conclusions shall also set forth the manner in which the decision would carry out and conform to the city's or county's comprehensive plan and the city's or county's development regulations. Each final decision of a hearing examiner, unless a longer period is mutually agreed to in writing by the applicant and the hearing examiner, shall be rendered within ten working days following conclusion of all testimony and hearings.
[ 1995 c 347 s 423; 1994 c 257 s 8; 1977 ex.s. c 213 s 1.]
Notes:
Finding—Severability—Part headings and table of contents not law—1995 c 347: See notes following RCW 36.70A.470.
Severability—1994 c 257: See note following RCW 36.70A.270.
Severability—1977 ex.s. c 213: "If any provision of this act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [ 1977 ex.s. c 213 s 5.]

catchline: Hearing examiner system—Adoption authorized—Alternative—Functions—Procedures.


title: RCW 35.63.140

text:
Each municipality that does not provide for the siting of residential care facilities in zones or areas that are designated for single-family or other residential uses, shall conduct a review of the need and demand for the facilities, including the cost of any conditional or special use permit that may be required. The review shall be completed by August 31, 1990. A copy of the findings, conclusions, and recommendations resulting from the review shall be sent to the *department of community development by September 30, 1990.
On or before June 30, 1991, each municipality that plans and zones under this chapter shall have adopted an ordinance or ordinances that are necessary to implement the findings of this review, if the findings indicate that such changes are necessary, or shall notify the *department of community development as to why such implementing ordinances were not adopted.
[ 1989 c 427 s 36.]
Notes:
*Reviser's note: Powers, duties, and functions of the department of community development and the department of trade and economic development were transferred to the department of community, trade, and economic development by 1993 c 280, effective July 1, 1994. The "department of community, trade, and economic development" was renamed the "department of commerce" by 2009 c 565.

catchline: Residential care facilities—Review of need and demand—Adoption of ordinances.


title: RCW 35.63.150

text:
With respect to the National Scenic Area, as defined in the Columbia River Gorge National Scenic Area Act, P.L. 99-663, the exercise of any power or authority by a county or city pursuant to this chapter shall be subject to and in conformity with the requirements of chapter 43.97 RCW, including the Interstate Compact adopted by RCW 43.97.015, and with the management plan regulations and ordinances adopted by the Columbia River Gorge commission pursuant to the Compact.
[ 1987 c 499 s 6.]

catchline: Conformance with chapter 43.97 RCW required.


title: RCW 35.63.160

text:
(1) A "designated manufactured home" is a manufactured home constructed after June 15, 1976, in accordance with state and federal requirements for manufactured homes, which:
(a) Is comprised of at least two fully enclosed parallel sections each of not less than twelve feet wide by thirty-six feet long;
(b) Was originally constructed with and now has a composition or wood shake or shingle, coated metal, or similar roof of nominal 3:12 pitch; and
(c) Has exterior siding similar in appearance to siding materials commonly used on conventional site-built uniform building code single-family residences.
(2) "New manufactured home" means any manufactured home required to be titled under Title 46 RCW, which has not been previously titled to a retail purchaser, and is not a "used mobile home" as defined in RCW 82.45.032(2).
(3) Nothing in this section precludes cities from allowing any manufactured home from being sited on individual lots through local standards which differ from the designated manufactured home or new manufactured home as described in this section, except that the term "designated manufactured home" and "new manufactured home" shall not be used except as defined in subsections (1) and (2) of this section.
[ 2004 c 256 s 5; 1988 c 239 s 1.]
Notes:
Findings—Intent—Effective date—2004 c 256: See notes following RCW 35.21.684.

catchline: Regulation of manufactured homes—Definitions.


title: RCW 35.63.161

text:
(1) After June 10, 2004, a city may designate a new manufactured housing community as a nonconforming use, but may not order the removal or phased elimination of an existing manufactured housing community because of its status as a nonconforming use.
(2) A city may not prohibit the entry or require the removal of a manufactured/mobile home, park model, or recreational vehicle authorized in a manufactured housing community under chapter 59.20 RCW on the basis of the community's status as a nonconforming use.
[ 2011 c 158 s 9; 2004 c 210 s 1.]
Notes:
Transfer of residual funds to manufactured home installation training account—2011 c 158: See note following RCW 43.22A.100.

catchline: Manufactured housing communities—Prohibitions of city due to community status as a nonconforming use.


title: RCW 35.63.170

text:
Unless the context clearly requires otherwise, the definitions in this section apply throughout RCW 35.22.660, 35.63.180, 35A.63.210, 36.32.520, and 36.70.675:
(1) "Family day care home" means a person regularly providing care during part of the twenty-four-hour day to six or fewer children in the family abode of the person or persons under whose direct care the children are placed.
(2) "Mini-day care center" means a person or agency providing care during part of the twenty-four-hour day to twelve or fewer children in a facility other than the family abode of the person or persons under whose direct care the children are placed, or for the care of seven through twelve children in the family abode of such person or persons.
(3) "Day care center" means a person or agency that provides care for thirteen or more children during part of the twenty-four-hour day.
(4) "Child care facility" means a family day care home, mini-day care center, and day care center.
[ 1989 c 335 s 3.]
Notes:
Findings—1989 c 335: "The legislature finds that:
(1) A majority of women with preschool and school-age children in Washington state are working outside of the home and are in need of child care services for their children;
(2) The supply of licensed child care facilities in Washington state is insufficient to meet the growing demand for child care services;
(3) The most convenient location of child care facilities for many working families is near the family's home or workplace." [ 1989 c 335 s 1.]
Purpose—1989 c 335: "The purpose of this act is to encourage the dispersion of child care facilities throughout cities and counties in Washington state so that child care services are available at convenient locations to working parents." [ 1989 c 335 s 2.]
Severability—1989 c 335: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1989 c 335 s 10.]

catchline: Definitions.


title: RCW 35.63.180

text:
Each municipality that does not provide for the siting of family day care homes in zones or areas that are designated for single-family or other residential uses, and for the siting of mini-day care centers and day care centers in zones or areas that are designated for any residential or commercial uses, shall conduct a review of the need and demand for child care facilities, including the cost of any conditional or special use permit that may be required. The review shall be completed by August 31, 1990. A copy of the findings, conclusions, and recommendations resulting from the review shall be sent to the *department of community development by September 30, 1990.
On or before June 30, 1991, each municipality that plans and zones under this chapter shall have adopted an ordinance or ordinances that are necessary to implement the findings of this review, if the findings indicate that such changes are necessary, or shall notify the *department of community development as to why such implementing ordinances were not adopted.
[ 1989 c 335 s 4.]
Notes:
*Reviser's note: Powers, duties, and functions of the department of community development and the department of trade and economic development were transferred to the department of community, trade, and economic development by 1993 c 280, effective July 1, 1994. The "department of community, trade, and economic development" was renamed the "department of commerce" by 2009 c 565.
Findings—Purpose—Severability—1989 c 335: See notes following RCW 35.63.170.
Definitions for RCW 35.63.180: See RCW 35.63.170.

catchline: Child care facilities—Review of need and demand—Adoption of ordinances.


title: RCW 35.63.185

text:
(1) Except as provided in subsections (2) and (3) of this section, no city may enact, enforce, or maintain an ordinance, development regulation, zoning regulation, or official control, policy, or administrative practice that prohibits the use of a residential dwelling, located in an area zoned for residential or commercial use, as a family day-care provider's home facility.
(2) A city may require that the facility: (a) Comply with all building, fire, safety, health code, and business licensing requirements; (b) conform to lot size, building size, setbacks, and lot coverage standards applicable to the zoning district except if the structure is a legal nonconforming structure; (c) is certified by the department of children, youth, and families licensor as providing a safe passenger loading area; (d) include signage, if any, that conforms to applicable regulations; and (e) limit hours of operations to facilitate neighborhood compatibility, while also providing appropriate opportunity for persons who use family day-care and who work a nonstandard work shift.
(3) A city may also require that the family day-care provider, before state licensing, require proof of written notification by the provider that the immediately adjoining property owners have been informed of the intent to locate and maintain such a facility. If a dispute arises between neighbors and the family day-care provider over licensing requirements, the licensor may provide a forum to resolve the dispute.
(4) Nothing in this section shall be construed to prohibit a city from imposing zoning conditions on the establishment and maintenance of a family day-care provider's home in an area zoned for residential or commercial use, so long as such conditions are no more restrictive than conditions imposed on other residential dwellings in the same zone and the establishment of such facilities is not precluded. As used in this section, "family day-care provider" is as defined in RCW 43.216.010.
[ 2018 c 58 s 25; 2007 c 17 s 10; 2003 c 286 s 3; 1995 c 49 s 1; 1994 c 273 s 14.]
Notes:
Effective date—2018 c 58: See note following RCW 28A.655.080.

catchline: Family day-care provider's home facility—City may not prohibit in residential or commercial area—Conditions.


title: RCW 35.63.200

text:
A council or board that adopts a moratorium or interim zoning control, without holding a public hearing on the proposed moratorium or interim zoning control, shall hold a public hearing on the adopted moratorium or interim zoning control within at least sixty days of its adoption, whether or not the council or board received a recommendation on the matter from the commission. If the council or board does not adopt findings of fact justifying its action before this hearing, then the council or board shall do so immediately after this public hearing. A moratorium or interim zoning control adopted under this section may be effective for not longer than six months, but may be effective for up to one year if a work plan is developed for related studies providing for such a longer period. A moratorium or interim zoning control may be renewed for one or more six-month periods if a subsequent public hearing is held and findings of fact are made prior to each renewal.
[ 1992 c 207 s 1.]

catchline: Moratoria, interim zoning controls—Public hearing—Limitation on length.


title: RCW 35.63.220

text:
No city may enact or maintain an ordinance, development regulation, zoning regulation or official control, policy, or administrative practice which treats a residential structure occupied by persons with handicaps differently than a similar residential structure occupied by a family or other unrelated individuals. As used in this section, "handicaps" are as defined in the federal fair housing amendments act of 1988 (42 U.S.C. Sec. 3602).
[ 1993 c 478 s 20.]

catchline: Treatment of residential structures occupied by persons with handicaps.


title: RCW 35.63.230

text:
A permit required under this chapter for a watershed restoration project as defined in RCW 89.08.460 shall be processed in compliance with RCW 89.08.450 through 89.08.510. A fish habitat enhancement project meeting the criteria of RCW 77.55.181 shall be reviewed and approved according to the provisions of RCW 77.55.181.
[ 2014 c 120 s 10; 2003 c 39 s 15; 1998 c 249 s 5; 1995 c 378 s 8.]
Notes:
Findings—Purpose—Report—Effective date—1998 c 249: See notes following RCW 77.55.181.

catchline: Watershed restoration projects—Permit processing—Fish habitat enhancement project.


title: RCW 35.63.240

text:
By July 31, 1997, a city planning under RCW 36.70A.040 shall provide to the county assessor a copy of the city's comprehensive plan and development regulations in effect on July 1st of that year and shall thereafter provide any amendments to the plan and regulations that were adopted before July 31st of each following year.
[ 1996 c 254 s 3.]

catchline: Planning regulations—Copies provided to county assessor.


title: RCW 35.63.250

text:
Adoption and amendment of comprehensive plan provisions and development regulations under this chapter affecting a general aviation airport are subject to RCW 36.70.547.
[ 1996 c 239 s 3.]

catchline: General aviation airports.


title: RCW 35.63.260

text:
(1) Prior to filing an appeal of a final decision by a hearing examiner involving a conditional or special use permit application requested by a party that is licensed or certified by the department of social and health services or the department of corrections, the aggrieved party must, within five days after the final decision, initiate formal mediation procedures in an attempt to resolve the parties' differences. If, after initial evaluation of the dispute, the parties agree to proceed with a mediation, the mediation shall be conducted by a trained mediator selected by agreement of the parties. The agreement to mediate shall be in writing and subject to chapter 7.07 RCW. If the parties are unable to agree on a mediator, each party shall nominate a mediator and the mediator shall be selected by lot from among the nominees. The mediator must be selected within five days after formal mediation procedures are initiated. The mediation process must be completed within fourteen days from the time the mediator is selected except that the mediation process may extend beyond fourteen days by agreement of the parties. The mediator shall, within the fourteen-day period or within the extension if an extension is agreed to, provide the parties with a written summary of the issues and any agreements reached. If the parties agree, the mediation report shall be made available to the governing jurisdiction. The cost of the mediation shall be shared by the parties.
(2) Any time limits for filing of appeals are tolled during the pendency of the mediation process.
(3) As used in this section, "party" does not include county, city, or town.
[ 2005 c 172 s 18; 1998 c 119 s 1.]
Notes:
Short title—Effective date—2005 c 172: See RCW 7.07.900 and 7.07.904.

catchline: Conditional and special use permit applications by parties licensed or certified by the department of social and health services or the department of corrections—Mediation prior to appeal required.


title: RCW 35.63.270

text:
(1) Upon receipt of an application for a permit to site an energy plant or alternative energy resource that is connected to electrical transmission facilities of a nominal voltage of at least one hundred fifteen thousand volts, the city or town shall notify in writing the United States department of defense. The notification shall include, but not be limited to, the following:
(a) A description of the proposed energy plant or alternative energy resource;
(b) The location of the site;
(c) The placement of the energy plant or alternative energy resource on the site;
(d) The date and time by which comments must be received by the city or town; and
(e) Contact information of the city or town permitting authority and the applicant.
(2) The purpose of the written notification is to provide an opportunity for the United States department of defense to comment upon the application, and to identify potential issues relating to the placement and operations of the energy plant or alternative energy resource, before a permit application is approved. The time period set forth by the city or town for receipt of such comments shall not extend the time period for the city's processing of the application.
(3) For the purpose of this section, "alternative energy resource," "energy plant," and "electrical transmission facility" shall each have the meaning set forth in RCW 80.50.020.
[ 2011 c 261 s 3.]

catchline: Application for a permit to site an energy plant or alternative energy resource—Written notice to United States department of defense.


title: RCW 35.63.280

text:
(1) A city planning under this chapter must allow an increased density bonus consistent with local needs for any affordable housing development of any single-family or multifamily residence located on real property owned or controlled by a religious organization provided that:
(a)(i) At least 50 percent of the affordable housing development is set aside for or occupied exclusively by low-income households; or
(ii) At least 20 percent of the affordable housing development is set aside for or occupied exclusively by very low-income households;
(b) The affordable housing development is part of a lease or other binding obligation that requires the affordability requirements and other conditions in this subsection (1) to be maintained for at least 50 years, even if the religious organization no longer owns the property; and
(c) The affordable housing development does not discriminate against any person who qualifies as a member of a low-income household based on race, creed, color, national origin, sex, veteran or military status, sexual orientation, or mental or physical disability; or otherwise act in violation of the federal fair housing amendments act of 1988 (42 U.S.C. Sec. 3601 et seq.).
(2) A city must develop policies to implement this section if it receives a request from a religious organization for an increased density bonus for an affordable housing development. A city may establish policies to require an affordable housing development to set aside more residential dwelling units for low-income or very low-income households than is required under subsection (1) of this section to qualify for the increased density bonus.
(3) The religious organization or an entity leasing the property for the purpose of developing the affordable housing development must pay all fees, mitigation costs, and other charges required through the development of the affordable housing development.
(4) If applicable, the religious organization developing the affordable housing development should work with the local transit agency to ensure appropriate transit services are provided to the affordable housing development.
(5) This section applies to any religious organization rehabilitating an existing affordable housing development.
(6) For purposes of this section:
(a) "Affordable housing development" means a proposed or existing structure in which 50 percent of all single-family or multifamily residential dwelling units within the development are set aside for or are occupied by low-income households or 20 percent of all single-family or multifamily residential dwelling units within the development are set aside for or occupied by very low-income households, whose monthly housing costs, including utilities other than telephone, do not exceed 30 percent of the household's monthly income;
(b) "Low-income household" means a single person, family, or unrelated persons living together whose adjusted income is at or below 80 percent of the median family income, adjusted for household size, for the county where the affordable housing development is located, as reported by the United States department of housing and urban development;
(c) "Religious organization" has the same meaning as in RCW 35.21.915; and
(d) "Very low-income household" means a single person, family, or unrelated persons living together whose adjusted income is at or below 50 percent of the median family income, adjusted for household size, for the county where the affordable housing development is located, as reported by the United States department of housing and urban development.
[ 2026 c 2 s 1; 2019 c 218 s 1.]

catchline: Increased density bonus for affordable housing located on property owned by a religious organization.


title: RCW 35.63.290

text:
For cities not planning under RCW 36.70A.040, development regulations to implement comprehensive plans under RCW 35.63.100 that are newly developed, updated, or amended after January 1, 2025, must allow for the siting of organic materials management facilities in the areas identified by the county in which the city is located under RCW 70A.205.040(3)(a)(i) to the extent necessary to provide for the establishment of the organic materials management volumetric capacity identified under RCW 70A.205.040(3)(a)(ii).
[ 2022 c 180 s 603.]
Notes:
Findings—Intent—Scope of authority of chapter 180, Laws of 2022—2022 c 180: See notes following RCW 70A.205.007.

catchline: Development regulations to implement comprehensive plans—Siting of organic materials management facilities.


title: RCW 35.63.300

text:
(1) A city may encourage an applicant of a project permit or commercial building permit to include pollinator friendly plants in any landscaped area to the extent practicable by:
(a) Providing the list of native forage plants as developed by the department of agriculture in compliance with RCW 39.04.410 to applicants for project permits;
(b) Providing information regarding the benefits of pollinators and pollinator habitat; and
(c) Offering incentives, including expedited processing or reduced application fees, for permit applicants that include pollinator habitat as part of the permit application.
(2) A city may set restrictions related to beehives, but may not adopt an ordinance banning beehives.
(3) For the purposes of this section:
(a) "Commercial building permit" has the same meaning as defined in RCW 19.27.015.
(b) "Pollinator habitat" means an area of land that is or may be developed as habitat beneficial for the feeding, nesting, and reproduction of all pollinators. "Pollinator habitat" does not include beehives, except for mason bee houses.
(c) "Project permit" has the same meaning as defined in RCW 36.70B.020.
[ 2024 c 337 s 1.]


title: RCW 35.64.010

text:
(1) If the legislative authority of a city with a population over one hundred fifty thousand that is not in a metropolitan park district contracts with one or more nonprofit corporations or other public organizations for the overall management and operation of a zoo, an aquarium, or both, that contract shall be subject to this section. No such contract for the overall management and operation of zoo or aquarium facilities by a nonprofit corporation or other public organization shall have an initial term or any renewal term longer than twenty years, but may be renewed by the legislative authority of the city upon the expiration of an initial term or any renewal term.
(2) Before approving each initial and any renewal contract with a nonprofit corporation or other public organization for the overall management and operation of any facilities, the city legislative authority shall hold a public hearing on the proposed management and operation by the nonprofit corporation or other public organization. At least thirty days prior to the hearing, a public notice setting forth the date, time, and place of the hearing must be published at least once in a local newspaper of general circulation. Notice of the hearing shall also be mailed or otherwise delivered to all who would be entitled to notice of a special meeting of the city legislative authority under RCW 42.30.080. The notice shall identify the facilities involved and the nonprofit corporation or other public organization proposed for management and operation under the contract with the city. The terms and conditions under which the city proposes to contract with the nonprofit corporation or other public organization for management and operation shall be available upon request from and after the date of publication of the hearing notice and at the hearing, but after the public hearing the city legislative authority may amend the proposed terms and conditions at open public meetings.
(3) As part of the management and operation contract, the legislative authority of the city may authorize the managing and operating entity to grant to any nonprofit corporation or public or private organization franchises or concessions that further the public use and enjoyment of the zoo or aquarium, as the case may be, and may authorize the managing and operating entity to contract with any public or private organization for any specific services as are routinely so procured by the city.
(4) Notwithstanding any provision in the charter of the city so contracting for the overall management and operation of a zoo or an aquarium, or any other provision of law, the nonprofit corporation or other public organization with responsibility for overall management or operation of any such facilities pursuant to a contract under this section may, in carrying out that responsibility under such contract, manage, supervise, and control those employees of the city employed in connection with the zoo or aquarium and may hire, fire, and otherwise discipline those employees. Notwithstanding any provision in the charter of the city so contracting for the overall management and operation of a zoo or an aquarium, or any other provision of law, the civil service system of any such city shall provide for the nonprofit corporation or other public organization to manage, supervise, control, hire, fire, and otherwise discipline those employees of the city employed in connection with the zoo or aquarium.
(5) As part of the management and operation contract, the legislative authority of the city shall provide for oversight of the managing and operating entity to ensure public accountability of the entity and its performance in a manner consistent with the contract.
[ 2000 c 206 s 1.]

catchline: Contracts for management and operation—Terms—Public hearing.


title: RCW 35.64.020

text:
Nothing in this chapter shall be construed to affect any terms, conditions, or practices contained in a collective bargaining agreement in effect on June 8, 2000.
[ 2000 c 206 s 2.]

catchline: Construction—Collective bargaining agreement not affected.


title: RCW 35.67.010

text:
A "system of sewerage" means and may include any or all of the following:
(1) Sanitary sewage collection, treatment, and/or disposal facilities and services, on-site or off-site sanitary sewerage facilities, inspection services and maintenance services for public or private on-site systems, or any other means of sewage treatment and disposal approved by the city;
(2) Combined sanitary sewage disposal and storm or surface water sewers;
(3) Storm or surface water sewers;
(4) Outfalls for storm drainage or sanitary sewage and works, plants, and facilities for storm drainage or sanitary sewage treatment and disposal, and rights and interests in property relating to the system;
(5) Combined water and sewerage systems;
(6) Point and nonpoint water pollution monitoring programs that are directly related to the sewerage facilities and programs operated by a city or town;
(7) Public restroom and sanitary facilities; and
(8) Any combination of or part of any or all of such facilities.
The words "public utility" when used in this chapter has the same meaning as the words "system of sewerage."
[ 1997 c 447 s 7; 1965 c 110 s 1; 1965 c 7 s 35.67.010. Prior: 1955 c 266 s 2; prior: 1941 c 193 s 1, part; Rem. Supp. 1941 s 9354-4, part.]
Notes:
Finding—Purpose—1997 c 447: See note following RCW 70.05.074.

catchline: Definitions—"System of sewerage," "public utility."


title: RCW 35.67.020

text:
(1) Every city and town may construct, condemn and purchase, acquire, add to, maintain, conduct, and operate systems of sewerage and systems and plants for refuse collection and disposal together with additions, extensions, and betterments thereto, within and without its limits. Every city and town has full jurisdiction and authority to manage, regulate, and control them and, except as provided in subsection (3) of this section, to fix, alter, regulate, and control the rates and charges for their use.
(2) Subject to subsection (3) of this section, the rates charged under this section must be uniform for the same class of customers or service and facilities furnished. In classifying customers served or service and facilities furnished by such system of sewerage, the city or town legislative body may in its discretion consider any or all of the following factors:
(a) The difference in cost of service and facilities to the various customers;
(b) The location of the various customers within and without the city or town;
(c) The difference in cost of maintenance, operation, repair, and replacement of the various parts of the system;
(d) The different character of the service and facilities furnished various customers;
(e) The quantity and quality of the sewage delivered and the time of its delivery;
(f) The achievement of water conservation goals and the discouragement of wasteful water use practices;
(g) Capital contributions made to the system, including but not limited to, assessments;
(h) The public benefit nonprofit corporation status, as defined in RCW 24.03A.245, of the land user; and
(i) Any other matters which present a reasonable difference as a ground for distinction.
(3) The rate a city or town may charge under this section for storm or surface water sewer systems or the portion of the rate allocable to the storm or surface water sewer system of combined sanitary sewage and storm or surface water sewer systems shall be reduced by a minimum of ten percent for any new or remodeled commercial building that utilizes a permissive rainwater harvesting system. Rainwater harvesting systems shall be properly sized to utilize the available roof surface of the building. The jurisdiction shall consider rate reductions in excess of ten percent dependent upon the amount of rainwater harvested.
(4) Rates or charges for on-site inspection and maintenance services may not be imposed under this chapter on the development, construction, or reconstruction of property.
(5) A city or town may provide assistance to aid low-income persons in connection with services provided under this chapter.
(6) Under this chapter, after July 1, 1998, any requirements for pumping the septic tank of an on-site sewage system should be based, among other things, on actual measurement of accumulation of sludge and scum by a trained inspector, trained owner's agent, or trained owner. Training must occur in a program approved by the state board of health or by a local health officer.
(7) Before adopting on-site inspection and maintenance utility services, or incorporating residences into an on-site inspection and maintenance or sewer utility under this chapter, notification must be provided, prior to the applicable public hearing, to all residences within the proposed service area that have on-site systems permitted by the local health officer. The notice must clearly state that the residence is within the proposed service area and must provide information on estimated rates or charges that may be imposed for the service.
(8) A city or town shall not provide on-site sewage system inspection, pumping services, or other maintenance or repair services under this section using city or town employees unless the on-site system is connected by a publicly owned collection system to the city or town's sewerage system, and the on-site system represents the first step in the sewage disposal process. Nothing in this section shall affect the authority of state or local health officers to carry out their responsibilities under any other applicable law.
[ 2021 c 176 s 5211; 2003 c 394 s 1; 1997 c 447 s 8; 1995 c 124 s 3; 1991 c 347 s 17; 1965 c 7 s 35.67.020. Prior: 1959 c 90 s 1; 1955 c 266 s 3; prior: 1941 c 193 s 1, part; Rem. Supp. 1941 s 9354-4, part.]
Notes:
Effective date—2021 c 176: See note following RCW 24.03A.005.
Finding—Purpose—1997 c 447: See note following RCW 70.05.074.
Purposes—1991 c 347: See note following RCW 90.42.005.

catchline: Authority to construct system and fix rates and charges—Classification of services and facilities—Assistance for low-income persons.


title: RCW 35.67.022

text:
The extension of sewer facilities outside of the boundaries of a city or town may be subject to potential review by a boundary review board under chapter 36.93 RCW.
[ 1989 c 84 s 32.]

catchline: Extension outside city subject to review by boundary review board.


title: RCW 35.67.025

text:
Except as otherwise provided in RCW 90.03.525, any public entity and public property, including the state of Washington and state property, shall be subject to rates and charges for stormwater control facilities to the same extent private persons and private property are subject to such rates and charges that are imposed by cities and towns pursuant to RCW 35.67.020. In setting these rates and charges, consideration may be made of in-kind services, such as stream improvements or donation of property.
[ 1986 c 278 s 55; 1983 c 315 s 1.]
Notes:
Severability—1986 c 278: See note following RCW 36.01.010.
Severability—1983 c 315: See note following RCW 90.03.500.
Flood control zone districts—Stormwater control improvements: Chapter 86.15 RCW.
Rates and charges for stormwater control facilities—Limitations—Definitions: RCW 90.03.500 through 90.03.525. See also RCW 35.92.021, 36.89.085, and 36.94.145.

catchline: Public property subject to rates and charges for stormwater control facilities.


title: RCW 35.67.030

text:
Whenever the legislative body of any city or town, shall deem it advisable that such city or town shall purchase, acquire or construct any public utility mentioned in RCW 35.67.020, or make any additions, betterments, or alterations thereto, or extensions thereof, such legislative body shall provide therefor by ordinance, which shall specify and adopt the system or plan proposed, and declare the estimated cost thereof as near as may be.
[ 1985 c 445 s 1; 1965 c 7 s 35.67.030. Prior: 1941 c 193 s 2; Rem. Supp. 1941 s 9354-5.]
Notes:
Elections: Title 29A RCW.
Limitations upon indebtedness, how exceeded: State Constitution Art. 7 s 2 (Amendments 55, 59), Art. 8 s 6 (Amendment 27), chapter 39.36 RCW, RCW 84.52.050.

catchline: Adoption of plan—Ordinance.


title: RCW 35.67.065

text:
General obligation bonds issued by a city or town to pay for all or part of the costs of purchasing, acquiring, or constructing any public utility mentioned in RCW 35.67.020, or the costs of making any additions, betterments, or alterations thereto, or extensions thereof, shall be issued and sold in accordance with chapter 39.46 RCW.
[ 1985 c 445 s 2.]

catchline: General obligation bonds—Issuance.


title: RCW 35.67.110

text:
In addition to taxes pledged to pay the principal of and interest on general obligation bonds issued to pay for costs of purchasing, acquiring, or constructing any public utility mentioned in RCW 35.67.020, or to make any additions, betterments, or alterations thereto, or extensions thereof, the city or town legislative body, may set aside into a special fund and pledge to the payment of such principal and interest any sums or amounts which may accrue from the collection of service rates and charges for the private and public use of said sewerage system or systems for the collection and disposal of refuse, in excess of the cost of operation and maintenance thereof as constructed or added to, and the same shall be applied solely to the payment of such interest and bonds. Such pledge of revenue shall constitute a binding obligation, according to its terms, to continue the collection of such revenue so long as such bonds or any of them are outstanding. If the rates and charges are sufficient to meet the debt service requirements on such bonds no general tax need be levied.
[ 1985 c 445 s 3; 1965 c 118 s 1; 1965 c 7 s 35.67.110. Prior: 1941 c 193 s 3, part; Rem. Supp. 1941 s 9354-6, part.]

catchline: General obligation bonds—Payment—Revenue from service charges.


title: RCW 35.67.120

text:
After the city or town legislative body adopts a proposition for any such public utility, and either (1) no general indebtedness has been authorized, or (2) the city or town legislative body does not desire to incur a general indebtedness, and the legislative body can lawfully proceed without submitting the proposition to a vote of the people, it may create a special fund or funds for the sole purpose of defraying the cost of the proposed system, or additions, betterments or extensions thereto.
The city or town legislative body may obligate the city or town to set aside and pay into this special fund: (1) A fixed proportion of the gross revenues of the system, or (2) a fixed amount out of and not exceeding a fixed proportion of the gross revenues, or (3) a fixed amount without regard to any fixed proportion, and (4) amounts received from any utility local improvement district assessments pledged to secure such bonds.
[ 1967 c 52 s 24; 1965 c 7 s 35.67.120. Prior: 1941 c 193 s 4, part; Rem. Supp. 1941 s 9354-7, part.]
Notes:
Alternative authority to issue revenue bonds: RCW 39.46.150, 39.46.160.
Funds for reserve purposes may be included in issue amount: RCW 39.44.140.

catchline: Revenue bond fund—Authority to establish.


title: RCW 35.67.130

text:
In creating the special fund, the city or town legislative body shall have due regard to the cost of operation and maintenance of the system as constructed or added to, and to any proportion or part of the revenue previously pledged as a fund for the payment of bonds, warrants and other indebtedness. It shall not set aside into the special fund a greater amount or proportion of the revenue and proceeds than in its judgment will be available over and above the cost of maintenance and operation and the amount or proportion of the revenue so previously pledged.
[ 1965 c 7 s 35.67.130. Prior: 1941 c 193 s 4, part; Rem. Supp. 1941 s 9354-7, part.]

catchline: Revenue bond fund—Limitations upon creation.


title: RCW 35.67.140

text:
A city or town may issue revenue bonds against the special fund or funds created solely from revenues. The revenue bonds so issued shall: (1) Be registered bonds as provided in RCW 39.46.030 or coupon bonds, (2) be issued in denominations of not less than one hundred dollars nor more than one thousand dollars, (3) be numbered from one upwards consecutively, (4) bear the date of their issue, (5) be serial in form finally maturing not more than thirty years from their date, (6) bear interest at the rate or rates as authorized by the legislative body of the city or town, payable annually or semiannually, (7) be payable as to principal and interest at such place as may be designated therein, and (8) shall state upon their face that they are payable from a special fund, naming it and the ordinance creating it: PROVIDED, That such bonds may also be issued and sold in accordance with chapter 39.46 RCW.
[ 1983 c 167 s 59; 1970 ex.s. c 56 s 43; 1969 ex.s. c 232 s 71; 1965 c 7 s 35.67.140. Prior: 1941 c 193 s 4, part; Rem. Supp. 1941 s 9354-7, part.]
Notes:
Liberal construction—Severability—1983 c 167: See RCW 39.46.010 and note following.
Purpose—1970 ex.s. c 56: See note following RCW 39.52.020.
Validation—Saving—Severability—1969 ex.s. c 232: See notes following RCW 39.52.020.


title: RCW 35.67.150

text:
Every revenue bond and any coupon shall be signed by the mayor and attested by the clerk. The seal of the city or town shall be attached to all bonds but not to any coupons. Signatures on any coupons may be printed or may be the lithographic facsimile of the signatures. The bonds shall be printed, engraved or lithographed upon good bond paper.
[ 1983 c 167 s 60; 1965 c 7 s 35.67.150. Prior: 1941 c 193 s 4, part; Rem. Supp. 1941 s 9354-7, part.]
Notes:
Liberal construction—Severability—1983 c 167: See RCW 39.46.010 and note following.

catchline: Revenue bonds—Signatures—Form.


title: RCW 35.67.160

text:
Revenue bonds or warrants and interest shall be payable only out of the special fund. Every bond or warrant and interest thereon issued against the special fund shall be a valid claim of the holder thereof only as against that fund and its fixed proportion of the amount of revenue pledged to the fund, and shall not constitute an indebtedness of the city or town. Every warrant as well as every bond shall state on its face that it is payable from a special fund, naming it and the ordinance creating it.
[ 1965 c 7 s 35.67.160. Prior: 1941 c 193 s 4, part; Rem. Supp. 1941 s 9354-7, part.]

catchline: Revenue bonds—Obligation against fund, not city.


title: RCW 35.67.170

text:
Revenue bonds and warrants may be sold in any manner the city or town legislative body deems for the best interests of the city or town. The legislative body may provide in any contract for the construction or acquisition of a proposed utility that payment therefor shall be made only in revenue bonds and warrants at their par value.
[ 1965 c 7 s 35.67.170. Prior: 1941 c 193 s 4, part; Rem. Supp. 1941 s 9354-7, part.]

catchline: Revenue bonds—Sale of—Other disposition.


title: RCW 35.67.180

text:
If a city or town fails to set aside and pay into the special fund created for the payment of revenue bonds and warrants the amount which it has obligated itself in the ordinance creating the fund to set aside and pay therein, the owner of any bond or warrant issued against the fund may bring suit against the city or town to compel it to do so.
[ 1983 c 167 s 61; 1965 c 7 s 35.67.180. Prior: 1941 c 193 s 4, part; Rem. Supp. 1941 c 9354-7, part.]
Notes:
Liberal construction—Severability—1983 c 167: See RCW 39.46.010 and note following.

catchline: Revenue bonds—Remedy of owners.


title: RCW 35.67.190

text:
(1) The legislative body of such city or town may provide by ordinance for revenues by fixing rates and charges for the furnishing of service to those served by its system of sewerage or system for refuse collection and disposal, which rates and charges shall be uniform for the same class of customer or service. In classifying customers served or service furnished by such system of sewerage, the city or town legislative body may in its discretion consider any or all of the following factors: (a) The difference in cost of service to the various customers; (b) the location of the various customers within and without the city or town; (c) the difference in cost of maintenance, operation, repair, and replacement of the various parts of the system; (d) the different character of the service furnished various customers; (e) the quantity and quality of the sewage delivered and the time of its delivery; (f) capital contributions made to the system, including but not limited to, assessments; (g) the public benefit nonprofit corporation status, as defined in RCW 24.03A.245, of the land user; and (h) any other matters which present a reasonable difference as a ground for distinction.
(2) If special indebtedness bonds or warrants are issued against the revenues, the legislative body shall by ordinance fix charges at rates which will be sufficient to take care of the costs of maintenance and operation, bond and warrant principal and interest, sinking fund requirements, and all other expenses necessary for efficient and proper operation of the system.
(3) All property owners within the area served by such sewerage system shall be compelled to connect their private drains and sewers with such city or town system, under such penalty as the legislative body of such city or town may by ordinance direct. Such penalty may in the discretion of such legislative body be an amount equal to the charge that would be made for sewer service if the property was connected to such system. All penalties collected shall be considered revenue of the system.
[ 2021 c 176 s 5212; 1995 c 124 s 4; 1965 c 7 s 35.67.190. Prior: 1959 c 90 s 2; 1941 c 193 s 5; Rem. Supp. 1941 s 9354-8.]
Notes:
Effective date—2021 c 176: See note following RCW 24.03A.005.

catchline: Revenues from system—Classification of services—Minimum rates—Compulsory use.


title: RCW 35.67.194

text:
Any and all water, sewer, or water and sewer revenue bonds part or all of which may have been heretofore (prior to June 8, 1955) issued by any city or town for the purpose of providing funds to pay part or all of the cost of acquiring, constructing, or installing a system of storm or surface water sewers or any part thereof necessary for the proper and efficient operation of a system of sanitary sewage disposal sewers or a sanitary sewage treatment plant, the proceedings for the issuance of which were valid in all other respects, are approved, ratified and validated, and are declared to be legal and binding obligations of such city or town, both principal of and interest on which are payable only out of the revenues of the utility or utilities pledged for such payment.
[ 1965 c 7 s 35.67.194. Prior: 1955 c 266 s 5.]

catchline: Revenue bonds validated.


title: RCW 35.67.200

text:
Cities and towns owning their own sewer systems shall have a lien for delinquent and unpaid rates and charges for sewer service, penalties levied pursuant to RCW 35.67.190, and connection charges, including interest thereon, against the premises to which such service has been furnished or is available, which lien shall be superior to all other liens and encumbrances except general taxes and local and special assessments. The city or town by ordinance may provide that delinquent charges shall bear interest at not exceeding eight percent per annum computed on a monthly basis: PROVIDED, That a city or town using the property tax system for utility billing may, by resolution or ordinance, adopt the alternative lien procedure as set forth in RCW 35.67.215.
[ 1991 c 36 s 2; 1965 c 7 s 35.67.200. Prior: 1959 c 90 s 4; prior: 1941 c 193 s 6, part; Rem. Supp. 1941 s 9354-9, part.]

catchline: Sewerage lien—Authority.


title: RCW 35.67.210

text:
(1) Except as provided for in subsection (2) of this section, the sewerage lien shall be effective for a total of not to exceed six months' delinquent charges without the necessity of any writing or recording. In order to make such lien effective for more than six months' charges the city or town treasurer, clerk, or official charged with the administration of the affairs of the utility shall cause to be filed for record in the office of the county auditor of the county in which such city or town is located, a notice in substantially the following form:
"Sewerage lien notice
City (or town) of . . . .
vs.
. . . . reputed owner.
Notice is hereby given that the city (or town) of . . . . . . has and claims a lien for sewer charges against the following described premises situated in . . . . . . county, Washington, to wit:
(here insert legal description of premises)
Said lien is claimed for not exceeding six months such charges and interest now delinquent, amount to $. . . . . ., and is also claimed for future sewerage charges against said premises.
Dated . . . .
City (or town) of . . . .
By . . . ."
The lien notice may be signed by the city or town treasurer or clerk or other official in charge of the administration of the utility. The lien notice shall be recorded as prescribed by law for the recording of mechanics' liens.
(2) A sewage lien may exceed six months' delinquent charges without the necessity of any writing or recording if collection of charges was impacted by the declaration of an emergency by the governor. In such circumstances, a lien may be filed for all charges due during the period covered by the declaration and may be effective for six months after the expiration of the declaration of the emergency.
[ 2021 c 296 s 16; 1965 c 7 s 35.67.210. Prior: 1959 c 90 s 5; prior: 1941 c 193 s 6, part; Rem. Supp. 1941 s 9354-9, part.]
Notes:
Finding—Intent—Effective date—2021 c 296: See notes following RCW 82.14.310.


title: RCW 35.67.215

text:
Any city or town may, by resolution or ordinance, provide that the sewerage lien shall be effective for a total not to exceed one year's delinquent service charges without the necessity of any writing or recording of the lien with the county auditor, in lieu of the provisions provided for in RCW 35.67.210.
[ 1991 c 36 s 3.]

catchline: Sewerage lien—Extension of coverage.


title: RCW 35.67.220

text:
The city or town may foreclose its sewerage lien in an action in the superior court. All or any of the tracts subject to the lien may be proceeded against in the same action, and all parties appearing of record as owning or claiming to own, having or claiming to have any interest in or lien upon the tracts involved in the action shall be impleaded in the action as parties defendant.
[ 1965 c 7 s 35.67.220. Prior: 1941 c 193 s 7, part; Rem. Supp. 1941 s 9354-10, part.]

catchline: Sewerage lien foreclosure—Parts—Tracts.


title: RCW 35.67.230

text:
An action to foreclose a sewerage lien pursuant to a lien notice filed as required by law must be commenced within two years from the date of the filing thereof.
An action to foreclose a six months' lien may be commenced at any time after six months subsequent to the furnishing of the sewerage service for which payment has not been made.
[ 1965 c 7 s 35.67.230. Prior: 1941 c 193 s 7, part; Rem. Supp. 1941 s 9354-10, part.]

catchline: Sewerage lien foreclosure—Limitation on time of commencement.


title: RCW 35.67.240

text:
The service of summons, and all other proceedings except as herein otherwise prescribed including appeal, order of sale, sale, redemption, and issuance of deed, shall be governed by the statutes now or hereafter in force relating to the foreclosure of mortgages on real property. The terms "judgment debtor" or "successor in interest" in the statutes governing redemption when applied herein shall include an owner or a vendee.
[ 1965 c 7 s 35.67.240. Prior: 1941 c 193 s 7, part; Rem. Supp. 1941 s 9354-10, part.]

catchline: Sewerage lien foreclosure—Procedure.


title: RCW 35.67.250

text:
A sewerage lien foreclosure action shall be tried before the court without a jury. The court may allow in addition to interest on the service charges at a rate not exceeding eight percent per year from date of delinquency, costs and disbursements as provided by statute and such attorneys' fees as the court may adjudge reasonable.
If the owners and parties interested in any particular tract default, the court may enter judgment of foreclosure and sale as to such parties and tracts and the action may proceed as to the remaining defendants and tracts. The judgment shall specify separately the amount of the sewerage charges, with interest, penalty and costs chargeable to each tract. The judgment shall have the effect of a separate judgment as to each tract described in the judgment, and any appeal shall not invalidate or delay the judgment except as to the property concerning which the appeal is taken. In the judgment the court shall order the tracts therein described sold at one general sale, and an order of sale shall issue pursuant thereto for the enforcement of the judgment. Judgment may be entered as to any one or more separate tracts involved in the action, and the court shall retain jurisdiction of other properties.
[ 1965 c 7 s 35.67.250. Prior: 1941 c 193 s 7, part; Rem. Supp. 1941 s 9354-10, part.]

catchline: Sewerage lien foreclosure—Trial.


title: RCW 35.67.260

text:
All sales shall be subject to the right of redemption within one year from date of sale.
[ 1965 c 7 s 35.67.260. Prior: 1941 c 193 s 7, part; Rem. Supp. 1941 s 9354-10, part.]

catchline: Sewerage lien foreclosure—Redemption.


title: RCW 35.67.270

text:
At any time after deed is issued to it pursuant to lien, a city or town may lease or sell or convey any property at public or private sale for such price and on such terms as may be determined by resolution of the city or town legislative body, any provision of law, charter or ordinance to the contrary notwithstanding.
[ 1965 c 7 s 35.67.270. Prior: 1941 c 193 s 8; Rem. Supp. 1941 s 9354-11.]

catchline: Sewerage sale acquired property—Disposition.


title: RCW 35.67.280

text:
After the entry of judgment of foreclosure against any tract, the city or town may pay delinquent general taxes or purchase certificates of delinquency for general taxes on the tract or purchase the tract at county tax foreclosure or from the county after foreclosure.
After entry of judgment of foreclosure against any premises the city or town may pay local or special assessments which are delinquent or are about to become delinquent and if the tract has been foreclosed upon for local or special assessments and the time for redemption has not expired, it may redeem it.
No moneys shall be expended for the purposes enumerated in this section except upon enactment by the city or town legislative body of a resolution determining the desirability or necessity of making the expenditure.
[ 1965 c 7 s 35.67.280. Prior: 1941 c 193 s 9; Rem. Supp. 1941 s 9354-12.]

catchline: Sewerage sale acquired property—Payment of delinquent taxes.


title: RCW 35.67.290

text:
As an additional and concurrent method of enforcing the lien authorized in this chapter any city or town operating its own municipal water system may provide by ordinance for the enforcement of the lien by cutting off the water service from the premises to which such sewer service was furnished after the charges become delinquent and unpaid, until the charges are paid.
The right to enforce the lien by cutting off and refusing water service shall not be exercised after two years from the date of the recording of sewerage lien notice except to enforce payment of six months' charges for which no lien notice is required to be recorded.
[ 1965 c 7 s 35.67.290. Prior: 1941 c 193 s 10; Rem. Supp. 1941 s 9354-13.]


title: RCW 35.67.300

text:
Any city, town, or organized and established water-sewer district owning or operating its own sewer system, whenever topographic conditions shall make it feasible and whenever such existing sewer system shall be adequate therefor in view of the sewerage and drainage requirements of the property in such city, town, or water-sewer district, served or to be served by such system, may contract with any other city, town, or organized and established water-sewer district for the discharge into its sewer system of sewage from all or any part or parts of such other city, town, or water-sewer district upon such terms and conditions and for such periods of time as may be deemed reasonable.
Any city, town, or organized and established water-sewer district may contract with any other city, town, or organized and established water-sewer district for the construction and/or operation of any sewer or sewage disposal facilities for the joint use and benefit of the contracting parties upon such terms and conditions and for such period of time as the governing bodies of the contracting parties may determine. Any such contract may provide that the responsibility for the management of the construction and/or maintenance and operation of any sewer disposal facilities or part thereof covered by such contract shall be vested solely in one of the contracting parties, with the other party or parties thereto paying to the managing party such portion of the expenses thereof as shall be agreed upon.
[ 1999 c 153 s 37; 1965 c 7 s 35.67.300. Prior: 1947 c 212 s 3; 1941 c 193 s 11; Rem. Supp. 1947 s 9354-14.]
Notes:
Part headings not law—1999 c 153: See note following RCW 57.04.050.

catchline: Water-sewer districts and municipalities—Joint agreements.


title: RCW 35.67.310

text:
Every city or town may permit connections with any of its sewers, either directly or indirectly, from property beyond its limits, upon such terms, conditions and payments as may be prescribed by ordinance, which may be required by the city or town to be evidenced by a written agreement between the city or town and the owner of the property to be served by the connecting sewer.
If any such agreement is made and filed with the county auditor of the county in which said property is located, it shall constitute a covenant running with the land and the agreements and covenants therein shall be binding on the owner and all persons subsequently acquiring any right, title or interest in or to said property.
If the terms and conditions of the ordinance or of the agreement are not kept and performed, or the payments made, as required, the city or town may disconnect the sewer and for that purpose may at any time enter upon any public street or road or upon said property.
[ 1965 c 7 s 35.67.310. Prior: 1941 c 75 s 1; Rem. Supp. 1941 s 9354-19.]

catchline: Sewers—Outside city connections.


title: RCW 35.67.331

text:
A city or town may by ordinance provide that its water system, sewerage system, and garbage and refuse collection and disposal system may be acquired, constructed, maintained and operated jointly, either by combining any two of such systems or all three. All powers granted to cities and towns to acquire, construct, maintain and operate such systems may be exercised in the joint acquisition, construction, maintenance and operation of such combined systems: PROVIDED, That if a general indebtedness is to be incurred to pay a part or all of the cost of construction, maintenance, or operation of such a combined system, no such indebtedness shall be incurred without such indebtedness first being authorized by a vote of the people at a special or general election conducted in the manner prescribed by law: PROVIDED FURTHER, That nothing in chapter 51, Laws of 1969 ex. sess. shall be construed to supersede charter provisions to the contrary.
[ 1969 ex.s. c 51 s 1.]

catchline: Water, sewerage, garbage systems—Combined facilities.


title: RCW 35.67.340

text:
The operation by a city or town of a combined facility as provided for in RCW 35.67.331 shall be governed by the statutes relating to the establishment and maintenance of a city or town water system if the water system is one of the systems included in the combined acquisition, construction, or operation; otherwise the combined system shall be governed by the statutes relating to the establishment and maintenance of a city or town sewerage system.
[ 1969 ex.s. c 51 s 2; 1965 c 7 s 35.67.340. Prior: 1941 c 193 s 12, part; Rem. Supp. 1941 s 9354-15, part.]

catchline: Statutes governing combined facility.


title: RCW 35.67.350

text:
It is unlawful and a misdemeanor to make or cause to be made or to maintain any sewer connection with any sewer of any city or town, or with any sewer which is connected directly or indirectly with any sewer of any city or town without having permission from the city or town.
[ 1965 c 7 s 35.67.350. Prior: 1943 c 100 s 1; Rem. Supp. 1943 s 9354-20.]

catchline: Penalty for sewer connection without permission.


title: RCW 35.67.360

text:
Any city, code city, town, county, special purpose district, municipal corporation, or quasi-municipal corporation that is engaged in the sale or distribution of stormwater or sewer services may use public moneys or credit derived from operating revenues from the sale of stormwater or sewer services to assist the owners of structures or equipment in financing the acquisition and installation of materials and equipment, for compensation or otherwise, for the conservation or more efficient use of stormwater or sewer services in such structures or equipment. Except for the necessary support of the poor and infirm, an appropriate charge-back shall be made for the extension of public moneys or credit. The charge-back shall be a lien against the structure benefited or a security interest in the equipment benefited.
[ 1998 c 31 s 2.]
Notes:
Findings—Intent—1998 c 31: "The legislature finds that the voters approved an amendment to Article VIII, section 10 of the state Constitution in 1997. The legislature finds that this amendment to the state Constitution will allow necessary improvements to be made to stormwater and sewer services so that less pollution is discharged into the waters of the state, less treatment will be needed, and capacity for existing treatment systems will be saved. It is the intent of the legislature to enact legislation that grants specific authority to units of local government that provide stormwater and sewer services to operate programs that are consistent with the authority granted in House Joint Resolution No. 4209." [ 1998 c 31 s 1.]
Effective date—1998 c 31 s 2: "Section 2 of this act takes effect July 1, 1998." [ 1998 c 31 s 3.]

catchline: Conservation of stormwater and sewer services—Use of public moneys.


title: RCW 35.67.370

text:
(1) Cities, towns, or counties may not require existing mobile home parks to replace existing, functional septic systems with a sewer system within the community unless the local board of health determines that the septic system is failing.
(2) Cities, towns, and counties are prohibited from requiring existing mobile home parks to pay a sewer service availability charge, standby charge, consumption charge, or any other similar types of charges associated with available but unused sewer service, including any interest or penalties for nonpayment or enforcement charges, until the mobile home park connects to the sewer service. When a mobile home park connects to a sewer, cities, towns, and counties may only charge mobile home parks prospectively from the date of connection for their sewer service. Chapter 297, Laws of 2003 is remedial in nature and applies retroactively to 1993.
[ 2003 c 297 s 1; 1998 c 61 s 1.]

catchline: Mobile home parks—Replacement of septic systems—Charges for unused sewer service.


title: RCW 35.67.380

text:
In addition to the authority provided in RCW 35.67.020, a city may, as part of maintaining a system sewerage, participate in and expend revenue on cooperative watershed management actions, including watershed management partnerships under RCW 39.34.210 and other intergovernmental agreements, for purposes of water supply, water quality, and water resource and habitat protection and management.
[ 2003 c 327 s 12.]
Notes:
Finding—Intent—2003 c 327: See note following RCW 39.34.190.

catchline: Cooperative watershed management.


title: RCW 35.68.010

text:
Any city or town, hereinafter referred to as city, is authorized to construct, reconstruct, and repair sidewalks, gutters and curbs along and driveways across sidewalks, which work is hereafter referred to as the improvement, and to pay the costs thereof from any available funds, or to require the abutting property owner to construct the improvement at the owner's own cost or expense, or, subject to the limitations in RCW 35.69.020 (2) and (3), to assess all or any portion of the costs thereof against the abutting property owner.
[ 1996 c 19 s 1; 1965 c 7 s 35.68.010. Prior: 1949 c 177 s 1; Rem. Supp. 1949 s 9332a.]

catchline: Authority conferred.


title: RCW 35.68.020

text:
No such improvement shall be undertaken or required except pursuant to a resolution of the council or commission of the city or town, hereinafter referred to as the city council. The resolution shall state whether the cost of the improvement shall be borne by the city or whether all or a specified portion shall be borne by the city or whether all or a specified portion shall be borne by the abutting property owner; or whether the abutting owner is required to construct the improvement at his or her own cost and expense. If the abutting owner is required to construct the improvement the resolution shall specify the time within which the construction shall be commenced and completed; and further that if the improvement or construction is not undertaken and completed within the time specified that the city will perform or complete the improvement and assess the cost against the abutting owner.
[ 2009 c 549 s 2117; 1965 c 7 s 35.68.020. Prior: 1949 c 177 s 2; Rem. Supp. 1949 s 9332b.]

catchline: Resolution—Contents.


title: RCW 35.68.030

text:
If all or any portion of the cost is to be assessed against the abutting property owner, or if the abutting property owner is required to construct the improvement, the resolution shall fix a time from and after its passage, and a place, for hearing on the resolution. The resolution shall be published for two consecutive weeks before the time of hearing in the official newspaper or regularly published official publication of the city or town and a notice of the date of the hearing shall be given each owner or reputed owner of the abutting property by mailing to the owner or reputed owner of the property as shown on the tax rolls of the county treasurer, at the address shown thereon a notice of the date of hearing, the mailing to be at least ten days before the date fixed for the hearing. If the publication and mailing is made as herein required, proof thereof by affidavit shall be filed with the city clerk, comptroller or auditor of the city before the hearing. The hearing may be postponed from time to time to a definite date until the hearing is held. At the time of hearing the council shall hear persons who appear for or against the improvement, and determine whether it will or will not proceed with the improvement and whether it will make any changes in the original plan, and what the changes shall be. This action may be taken by motion adopted in the usual manner.
[ 1985 c 469 s 37; 1965 c 7 s 35.68.030. Prior: 1949 c 177 s 3; Rem. Supp. 1949 s 9332c.]

catchline: Resolution—Publication—Notice—Hearing.


title: RCW 35.68.040

text:
When all or any portion of the cost is to be assessed against the abutting property owner, the city council may create a "sidewalk construction fund No. . . . ." to be numbered differently for each improvement; and with warrants drawn on this fund the cost of the respective improvements may be paid. The city may advance as a loan to the sidewalk construction fund from any available funds the amounts necessary to pay any costs of the improvement. When any assessments are made for the improvement, payments therefor shall be paid into the particular sidewalk improvement fund; and whenever any funds are available over the amounts necessary to pay outstanding warrants any advances or loans made to the fund shall be repaid. Whenever warrants are drawn on any such fund which are not paid for want of sufficient funds, they shall be so stamped and shall bear interest until called and paid at a rate established by the city council by resolution.
[ 1965 c 7 s 35.68.040. Prior: 1949 c 177 s 4; Rem. Supp. 1949 s 9332d.]

catchline: "Sidewalk construction fund."


title: RCW 35.68.050

text:
Where all or any portion of the costs are to be assessed against the abutting property, an assessment roll shall be prepared by the proper city official or by the city council which shall to the extent necessary be based on benefits and which shall describe the property assessed, the name of the owner, if known, otherwise stating that the owner is unknown and fixing the amount of the assessment. The assessment roll shall be filed with the city clerk, and when so filed the council shall by resolution fix a date for hearing thereon and direct the clerk to give notice of the hearing and the time and place thereof. The notice of hearing shall be mailed to the person whose name appears on the county treasurer's tax roll as the owner or reputed owner of the property, at the address shown thereon, and shall be published before the date fixed for the hearing for two consecutive weeks in the official newspaper or regular official publication of the city. The notice shall be mailed and first publication made at least ten days before the hearing date. Proof of mailing and publication shall be made by affidavit and shall be filed with the city clerk before the date fixed for the hearing. Following the hearing the city council shall by ordinance affirm, modify, or reject or order recasting of the assessment roll. An appeal may be taken to the superior court from the ordinance confirming the assessment roll in the same manner as is provided for appeals from the assessment roll by chapters 35.43 to 35.54 RCW, inclusive, as now or hereafter amended.
[ 1985 c 469 s 38; 1965 c 7 s 35.68.050. Prior: 1949 c 177 s 5; Rem. Supp. 1949 s 9332e.]


title: RCW 35.68.060

text:
The city council shall by resolution provide whether the full amount of the assessment shall be paid in one payment or whether it may be paid in installments and shall prescribe the time and amount of such payments; and if more than one payment is provided for, the city council may by resolution provide for interest on unpaid installments and fix the rate thereof.
[ 1965 c 7 s 35.68.060. Prior: 1949 c 177 s 6; Rem. Supp. 1949 s 9332f.]

catchline: Method of payment of assessments.


title: RCW 35.68.070

text:
The assessment roll as affirmed or modified by the city council shall be filed with the city treasurer for collection, and the amount thereof including interest, if any, shall become a lien against the property described therein from the date of such filing. Whenever any payment on any assessment or installment is delinquent and unpaid for a period of thirty days or more the lien may be foreclosed in the same manner and with the same effect as is provided by chapters 35.43 to 35.54 RCW, inclusive; as now or hereafter amended. Whenever the deed is issued after the sale therein provided, the regularity, validity and correctness of the proceedings relating to such improvement and the assessment therefor shall be final and conclusive and no action shall thereafter be brought by or in behalf of any person to set aside said deed.
[ 1965 c 7 s 35.68.070. Prior: 1949 c 177 s 7; Rem. Supp. 1949 s 9332g.]

catchline: Collection of assessments.