(1) Any person, firm, or corporation: (a) Whose
negligence is responsible for the starting or existence of a fire
which spreads on forest land; or (b) who creates or allows an
extreme fire hazard under RCW 76.04.660 to exist and which hazard
contributes to the spread of a fire; or (c) who allows forest
debris subject to RCW 76.04.650 to exist and which debris
contributes to the spread of fire, shall be liable for any
reasonable expenses made necessary by (a), (b), or (c) of this
subsection. The state, a municipality, a forest protective
association, or any fire protection agency of the United States
may recover such reasonable expenses in fighting the fire,
together with costs of investigation and litigation including
reasonable attorneys' fees and taxable court costs, if the
expense was authorized or subsequently approved by the
department. The authority granted under this subsection allowing
the recovery of reasonable expenses incurred by fire protection
agencies of the United States shall apply only to such expenses
incurred after June 30, 1993.
(2) The department or agency incurring such expense shall
have a lien for the same against any property of the person,
firm, or corporation liable under subsection (1) of this section
by filing a claim of lien naming the person, firm, or
corporation, describing the property against which the lien is
claimed, specifying the amount expended on the lands on which the
firefighting took place and the period during which the expenses
were incurred, and signing the claim with post office address. No claim of lien is valid unless filed, with the county auditor
of the county in which the property sought to be charged is
located, within a period of ninety days after the expenses of the
claimant are incurred. The lien may be foreclosed in the same
manner as a mechanic's lien is foreclosed under the statutes of
the state of Washington.
[1993 c 196 § 2; 1986 c 100 § 33.]