(1) Upon issuance of an order declaring property
unfit and prohibiting its use, the city or county in which the
contaminated property is located may take action to prohibit use,
occupancy, or removal of such property; condemn, decontaminate,
or demolish the property; or require that the property be vacated
or the contents removed from the property. The city or county
may use an authorized contractor if property is demolished,
decontaminated, or removed under this section. The city, county,
or contractor shall comply with all orders of the health officer
during these processes. No city or county may condemn,
decontaminate, or demolish property pursuant to this section
until all procedures granting the right of notice and the
opportunity to appeal in RCW 64.44.030 have been exhausted, but
may prohibit use, occupancy, or removal of contaminated property
pending appeal of the order.
(2)(a) It is unlawful for any person to enter upon any
property, or to remove any property, that has been found unfit
for use by a local health officer pursuant to RCW 64.44.030.
(b) This subsection does not apply to: (i) Health
officials, law enforcement officials, or other government agents
performing their official duties; (ii) authorized contractors or
owners performing decontamination pursuant to authorization by
the local health officer; and (iii) any person acting with
permission of a local health officer, or of a superior court or
hearing examiner following an appeal of a decision of the local
health officer.
(c) Any person who violates this subsection is guilty of a
misdemeanor.
(3) No provision of this section may be construed to limit
the ability of the local health officer to permit occupants or
owners of the property at issue to remove uncontaminated personal
property from the premises.
[2006 c 339 § 204; 1999 c 292 § 5; 1990 c 213 § 5.]
NOTES:
Intent -- Part headings not law--2006 c 339: See notes following RCW 70.96A.325.
Finding -- Intent -- 1999 c 292: See note following RCW 64.44.010.