What Washington state law allows cities to do ‘nuisance’ code enforcement?
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What Washington state law allows cities to do ‘nuisance’ code enforcement?
I have two classic cars and some parts
inside my fenced yard and the city is
sighting me for land use nuisance.
I was told to build a carport or put up
a couple of the temporary tarp shelters.
New Link Destination
be in compliance. I do not have the
money for these options.
I’m more curious as to how a clear
violation of both 4th and 5th amendments
to US Constitution… Has made its way
into local law. What Washington state
law provides local cities the ability to
violate privet property rights?
The city did not sight State law
supporting the local code on my
citation.
Asked on August 26, 2019 under Real Estate Law, Washington
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
This is part of the general "police power" which governments at all levels are acknowledged to have: the ability to pass laws and ordinances to protect health, safety, and quality of life, such as by abating nuisances. This is a power inherent in governance, and is the same power enabling, in different contexts, the creation of the criminal code, sanitation code, housing/zoning laws, etc.
It is not a violation of either the 4th or 5th Amendments. The 4th amendment bars unreasonable searches and seizures--but nothing is being seized and you are not being searched. The 5th amendment, among other things, requires due process before property can be taken and/or compensation for taking property--but no property is being taken. Certain restrictions on or obligations for propety use is not "a taking," as zoning, building, housing, etc. laws all show.
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